Rev. 3-3-15
GUARANTEED MAXIMUM PRICE ADMENDMENT
Effective , the undersigned parties amend the Agreement for Pre-Construction Services and Construction Contract for a Construction Manager at Risk between the undersigned parties dated (the“Agreement”) concerning the Project as defined in the Agreement to be constructed for the benefit of (Parish).
Except as changed by this amendment, all terms and conditions of the Agreement remain the same and continue with full force and effect. To the extent there is a conflict between the Agreement and this amendment, the amendment shall control.
1.Project, Contract Documents, and Drawings, Plans, and Specifications. The Project (also known as the Work), the Contracts Documents, and the Drawings, Plans, and Specifications in the Agreement are substituted andrestatedin the following Paragraphs 1A, B, and C.
A.Description of Project/Work. Contractor shall furnish all work, materials, supplies, labor, services and equipment required for the construction and completion of the following improvements, alteration, or repair (known as the Project or the Work):
Address of the Project:
Description of the Project/Work: It is the parties’ intent that the Work will be a "turnkey" job.
B.Contract Documents. The Work is described more particularly in the following documents known as the Contract Documents:
(1)Paragraph 1A of this amendment;
(2)the General Conditions of the Contract for Construction dated ______(the “General Conditions”);
(3)the Drawings, Plans, and Specifications identified in Paragraph 1C or as later made part of the Agreement; and
(4)Construction Documents developed under the Agreement and this amendment;
(5)Subcontractors’ and material suppliers’ bids obtained pursuant to the Agreement and this amendment; and
(6)Contractor’s proposal.
In case of conflict between any of the Contract Documents, each shall prevail in the order as listed above.
C.Drawings, Plans, and Specifications. The Drawings, Plans, and Specifications are: (identify all exhibits containing drawings and specifications; include all drawings and specifications from the architect, civil engineer, or others)
Name of DocumentDateProfessional
Architectural:
Civil Engineer:
Landscape:
Mechanical, Electrical
Plumbing:
Other:
2.Commencement Date and Time for Completion: The following Paragraphs 2A and B are added to and made part of the Agreement.
A.Commencement Date. The Commencement Date is the date given in Owner’s Notice to Proceed given under the General Conditions of the Contract for Construction
B.Time for Completion. Contractor shall substantially complete the Project within calendar days after the Commencement Date.
3.Guaranteed Maximum Price. The Guaranteed Maximum Price, as defined in the Agreement, is substituted and restatedin the following Paragraphs 3A - E.
A.Contractor guarantees that the maximum price to Owner for the Project,inclusive of CMR’s Compensation for Construction Services, will not exceed $______, which sum shall be called the Guaranteed Maximum Price (GMP). The GMP shall be paid and adjustedas provided in the Contract Documents.
B.The GMP is also known as the “Contract Amount” and includes the following allowances and contingencies:
C.Other than Contractor’s contingency, each draw request on a contingency or allowance, any request for payment from a contingency or allowance, or any claim against a contingency or an allowance must be authorized in advance by Owner in writing.
D.If the cost of an item for which a contingency or allowance is allocated is more or less than the allotted contingency or allowance, the Contract Amount shall be adjusted by a change order.
E.Other than the Contractor’s contingency, all unused allowances and contingencies shall be retained 100% by Owner and Contractor shall have no claim or right to theunused contingencies or allowances. Any unused portion of the Contractor’s contingency shall be deemed to be a savings under Paragraph 4 of this amendment.
4.Payment, Final Determination of Project Price, and Disposition of Savings. The following Paragraphs 4A and B are added to and made part of the Agreement.
A.Payment of GMP/Contract Amount. Owner shall pay Contractor monthly according to the General Conditions of the Contract for Construction.
B.Final Determination of Project Price and Disposition of Savings. When the Work is complete, Contractor will provide Owner afinal cost reconciliation and accounting that specifies and itemizes all costs of the Project. The Final Project Price is the sum of the actual cost of the Project incurred by Contractor adjusted for unused allowance and contingencies and change orders, plus all compensation paid to Contractor. If the Final Project Price is less than the Guaranteed Maximum Price the resulting savings will be shared by the Owner and the Contractor as follows:75% to the Owner and 25% to the Contractor.
OWNER:CONTRACTOR:
The Most Reverend Joe S. Vasquez,
Bishop of the Catholic Diocese of Austin
and His Successors in Office______
By:By:
Name: Most Reverend Daniel E. GarciaName:
Title: Auxiliary Bishop, Vicar General,Title:
and Attorney-in-Fact for the
Most Reverend Joe S. Vásquez
Date: Date:
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