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R2018-50 Amendment to Construction Manager at Risk Services AgreementRESOLUTION 2018-50 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AMENDMENT #1 TO THE AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES WITH THE WEITZ COMPANY, LLC FOR THE CONSTRUCTION OF A NEW CLUBHOUSE AT THE NORTH PALM BEACH COUNTRY CLUB TO PROVIDE A GUARANTEED MAXIMUM PRICE FOR DEMOLITION AND RELATED SITE ACTIVITIES AND ADOPT GENERAL CONDITIONS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AMENDMENT #1; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2018-09 on February 8, 2018, the Village Council approved an Agreement for Construction Manager at Risk Services ("Agreement") with the Weitz Group, LLC ("Weitz") for the North Palm Beach Country Club Clubhouse Project; and WHEREAS, the Village Council wishes to adopt Amendment #1 to the Agreement to provide a Guaranteed Maximum Price for demolition activities and related site work and to adopt General Conditions applicable to demolition and the construction process; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves Amendment #1 to the Agreement for Construction Manager at Risk Services with The Weitz Company, LLC for the North Palm Beach Country Club Clubhouse Project to provide for a Guaranteed Maximum Price ("GMP") for demolition activities and related site work and to adopt General Conditions applicable to demolition and the construction process, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute Amendment #1 on behalf of the Village. Section 3. The GMP for demolition activities and related site work shall not exceed $387,778.00, with funds expended from Account No. K7600-66210 (Country Club Project — Major Renovation). Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED,AND ADOPTED THIS 24TH DAY OF ME (Viuge'Scal)' ATTEST: VILLA6E CLERK AIA Document A133" - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) New Golf and Country Club for the Village of North Palm Beach ADDITIONS AND DELETIONS: 951 U.S. Highway One The author of this document has North Palm Beach, FL 33408 added information needed for its completion. The author may also THE OWNER: have revised the text of the original AIA standard form. An Additions and (Name, legal statusand address) Deletions Report that notes added information as well as revisions to the The Village of North Palm Beach standard form text Is available from 501 U.S. Highway One the author and should be reviewed. A North Palm Beach, FL 33408 vertical line in the left margin of this document indicates where the author THE CONSTRUCTION MANAGER: has added necessary information (Name, legal status and address) and where the author has added to or deleted from the original AIA text. The Weitz Company, LLC' This document has important legal 1720 Centrepark Drive East- consequences. Consultation with an 'WestPalm$each, FL 33401 attorney is encouraged with respect to its completion or modification. ARTICLE A.1 § A.1.1 Guaranteed Maximum Price (GMP) AIA Document A201 TM -2007, Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby General Conditions of the Contract amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner for Construction, is adopted in this and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract document by reference. Do not use Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus with other general conditions unless the Cost of the Work, as that term is defined in Article 6 of this Agreement. this document is modified. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Three Hundred Eighty -Seven Thousand Seven Hundred Seventy -Eight and 00/100 Dollars ($ 387,778.00),' subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager's Fee, and other items that comprise the Guaranteed Maximum Price. (Provide below or rgference an attachment.) Refer to Demolition Package GMP Summary Exhibit A.1 dated 5/14/2018 § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) Not Applicable AIA Document A133Tm — 2009 Exhibit A. Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AtA® Inst. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was 1 produced by AIA software at 16:27:12 on 05/18/2018 under Order No.8166252563 which expires on 05/20/2019, and is not for resale. User Notes: (1481136245) § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify allowance and state exclusions, if any, from the allowance price) Item Price ($0.00) Not Applicable § A.1.1.5 Clarifications and Assumptions, if any, on which the Guaranteed Maximum Price is based: Refer to Clarifications and Assumptions Exhibit B dated May 17, 2018 § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages Not Applicable § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) Not Applicable Section Title Date Pages §;A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) Refer to Drawing Log Exhibit G dated May 14, 2018 Number Title Date § A1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) Refer to Project Milestone Schedule Exhibit A.2 dated May 17, 2018 ARTICLE A.2 § A.2.1 The anticipated date o tantial Completion established by this Amendment: Project Subst in et' n will b established in subsequent GMP Amendment for remaining work OWNER (Signature NSTRUCTION NAGER (Signature) David Norris Mayor Dennis Gallagher Executive Vice President (Printed name; and title) (Printed name and title) ATTEST: 'VILLAGE CLERK Inst. AIA Document A133Tm —2009 Exhibit A. Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA1 ' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was t produced by AIA software at 16:27:12 on 05/18/2018 under Order No.8166252563 which expires on 05/20/2019, and is not for resale. User Notes: (1481136245)