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R2018-54 Amendment #2 to Construction Manager at Risk Services Agreement for Construction of New Clubhousei RESOLUTION 2018-54 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AMENDMENT #2 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 THE COMPLETION OF THE PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AMENDMENT #2; AUTHORIZING THE VILLAGE MANAGER TO MAKE ALL DIRECT MATERIAL PURCHASES FOR THE PROJECT AS AUTHORIZED BY STATE LAW; 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, through the adoption of Resolution No. 2018-50 on May 24, 2018, the Village Council approved Amendment #1 to the Agreement to provide a Guaranteed Maximum Price ("GMP") for demolition activities and related site work and to adopt General Conditions applicable to demolition and the construction process; and WHEREAS, the Village Council wishes to adopt Amendment #2 to the Agreement to provide a Guaranteed Maximum Price for completion of the North Palm Beach Country Club Clubhouse Project and further wishes to authorize the Village Manager or his designee to make all direct material purchases to save tax dollars during the course of the Project; 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 #2 to the Agreement for Construction Manager at Risk Services with The Weitz Company, LLC to provide for a GMP for completion of the North Palm Beach Country Clubhouse Project, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute Amendment #2 on behalf of the Village. Section 3. The GMP for completion of the Project shall not exceed $14,375,114.00, with funds expended from Account No. K7600-66210 (Country Club Project — Major Renovation). The total GMP for the entire North Palm Beach Country Club Project shall not exceed $14,790,392.00. Page 1 of 2 Section 4. The Village Council further authorizes the Village Manager or his designee to make all direct material purchases to save tax dollars during the course of the Project, as defined in the original Request for Proposals issued by the Village and in the Agreement, in accordance with Florida State Statutes. Section 5. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 28TH DAY OF JU (Village Seal) ATTEST: EPUTY VILLAGE CLERK Page 2 of 2 Document Al 33" - 2009 Exhibit A Guaranteed Maximum Price Amendment #2 for the following PROJECT: (Name and address or location) New Golf and Country Club for the Village of North Palm Beach 951 U.S. Highway One North Palm Beach, FI. 33408 THE OWNER: (Name, legal status and address) The Village of North Palm Beach 501 U,S. Highway One North Palm Beach, Fl. 33408 THE CONSTRUCTION MANAGER: (Name, legal status and address) The Weitz Company, LLC 1720 Centrepark Drive East West Palm Beach, FL 33401 ARTICLE AA § AAA Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Fourteen Million Three Hundred Seventy Five Thousand One Hundred Fourteen and 00/100 Dollars ($ 14,375,114.00 ), 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 all 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 reference an attachment) Refer to Construction Package GMP Summary Exhibit A.I dated June 29, 2018. Inclusive of Alternate #1 and # 3 accepted at VNPR Council Meeting dated June 28, 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.) Refer to Alternates Exhibit E dated June 20, 2018. ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line In the left margin of this document indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM1-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document Is modified. Inst. AIA Document A13314— 2009 Exhibit A. Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAx 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 produced by AIA software at 14:08:06 on 06/2912018 under Order No.8166252563 which expires on 05/2012019, and Is not for resale. User Notes: (1885878137) § A1.1.4 Allowances included in the Guaranteed N axitnum Price, ifany: (3denl ;fy alloll,ance and state exchisionc', if anty..i-on? the crllcrM,ance price.) item Reft:r to Allowances Exhibit E elated June 20, 2018. §X1.1,5 Assumptions, if any, on which the Gaanemleed Maxim= Price is based: Refer to Clarifications and Assumptions Exhibit B dated Juni; 20, 201 B. § A.11.6 The Guaranteed Maximum Price is based upon the following Supplelnentary and tither Conditions of the Contract: Dinument Title; Not applicable Date § A. AJ The Guaranteed Maxiniu;n Price is bused Lipm the Following Spet:i#icall oils: (Either list the Spec•ift.catioas here, or rejti r to arr exhibit attached to tltis Agreement.) Refer to Document Log Fxhibit G dated .lune 21), 2018. section Title; Data § A.1.1.� The Guaranteed INUxirnum Price is based upon the follo-"�ing Drawings: (Either list the DraWfngs here, or rele' r to an exhibit attached if.) this Agreement.) Rarbr to Document Log Exhibit G dated June 20, 2019. Number Title Date Pages Pages §,A.1.1.9 The Guaranteed Maximum Price is based upon d1e Following ether documents and intoannation: (.dist any other doc.iintents or information here, or refer" if) an exhihii attached to this A reement;) Refer to the Project Schedule Exhibit A.4 dated May 29r 20I8. ARTiCLE A.2 § A1.1 The anticipated date of Substantial Completion established by this Amendment: 426 Calendar days from th � ate f C ncetnent. l OWN Si n r IN TRU6 ANAGER (Signa/ori e) �..LAViD__ NoRRIS, �I�gYoR .__ -- .�JtNN/s' GALL.9�l,�EiP EXEc.1/P. (Printed name and title) (Printed name and title) ATTEST: Mlkl`� VILLAGE CLERK Init AIA Document A133TM — 2009 Exhibit A. Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA ocuMont is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any 2 ion 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 oduced by AIA software at 14:24:01 on 06/21/2018 under Order No.8166252563 which expires on 05/20/2019, and is not for resale. User Notes: (1498118187) 6/28/2018 EXHIBIT A.1 NORTH PALM BEACH COUNTRY CLUB CLUBHOUSE REPLACEMENT PROJECT GUARANTEED MAXIMUM PRICE (GMP) SUMMARY SEE EXHIBIT A.3 FOR 1 GENERAL CONDITIONS $ 998,030 BREAKDOWN SEE EXHIBIT A.3 FOR GENERAL REQUIREMENTS $ 81,000 BREAKDOWN 2 SITE CONSTRUCTION $ - 3 CONCRETE $ 1,382,443 4 MASONRY $ 26,999 5 METALS $ 702,450 6 WOOD, PLASTICS & COMPOSITES $ 1,189,984 7 THERMAL & MOISTURE PROTECTION $ 444,044 8 OPENINGS (DOORS/WINDOWS) $ 553,522 9 FINISHES $ 1,603,244 10 SPECIALTIES $ 189,559 11 EQUIPMENT $ 722,644 12 FURNISHINGS $ 14,024 13 SPECIAL CONSTRUCTION $ 369,800 14 CONVEYING SYSTEMS $ 138,345 21 FIRE SUPPRESSION $ 178,129 22 PLUMBING $ 694,412 HEATING, VENTILATING & AIR - 23 CONDITIONING $ 597,360 26 ELECTRICAL $ 1,291,554 31 EARTHWORK $ 256,732 PAVING, CURBING, SITE CONCRETE, 32 LANDSCAPE & IRRIGATION $ 1,176,622 33 SITE UTILITIES $ 424,594 SALES TAX SAVINGS ALLOWANCE $ (200,000) CONTRACTOR'S CONTINGENCY $ 228,121 CLUBHOUSE TOTAL DIVISIONS #1-33 $ 13,063,614 BONDS & INSURANCE $ 358,891 CONSTRUCTION MANAGER FEE $ 651,641 TOTAL CLUBHOUSE PRICE $ 14,074,146 Include Alternate # 1 & # 3 per VNPB Council meeting of June 28, 2018 Alternate # 1 - add Snack Bar building $ 112,248 Alternate # 3 - add Porccelain Tile to exterior terrace $ 188,720 TOTAL GMP PRICE W/ ALT. #1 & # 3 $ 14,375,114 6/29/2018