AMENDMENT
to
Standard Form of Agreement Between Owner and Construction Manager at Risk (CM@r)
Minnesota State AIA Document A133 – 2009 CM@r
AMENDMENT NO._X_
FY / Cost Center: / Object Code: / Amount: / Vendor #: / P.O. #:Original Agreement:
Fee
Reimbursables / ______
______/ ______/ 1530
1580 / ______
______/ ______/ ______
______
Amendment #__:
Fee
Reimbursables / ______
______/ ______/ 1530
1580 / ______
______/ ______
______
Amended Agreement Subtotal:
Fee
Reimbursables / ______
______/ ______/ 1530
1580 / ______
______/ ______
______
This amendment is between the State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of [Insert name of College / University] hereinafter referred to as the “Owner”, and the Construction Manager, [Insert CM name and complete address], an independent contractor, not an employee of the State of Minnesota hereinafter referred to as the “Construction Manager”.
for the following Project:
[Insert Building Name, if applicable]
[Insert Name of College/University]
[Insert Campus Name, if applicable]
[Insert City, MN, Zip Code]
hereinafter referred to as the “Project”.
WHEREAS, the Guaranteed Maximum Price for the Project has been established, and
WHEREAS, the Owner and the Construction Manager are willing to amend the Original Agreement as stated below.
NOW THEREFORE, it is agreed by and between the parties hereto that the Agreement shall be amended as follows:
Pursuant to Section 2.2 of the Agreement dated [Insert final execution date of original Agreement.] between the Owner and the Construction Manager for the Project, the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work, as set forth below.
REVISION #1:
2.2 Guaranteed Maximum Price Proposal and Contract Time
The Construction Manager’s Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 and the Construction Manager’s Fee as defined in Article 5 of the Agreement, is $ X,XXX,XXX.00 Dollars ( X Million X Hundred X Thousand X Hundred and No/100 Dollars). The Price is for the Performance of the Work, pursuant to section 2.2.3, in accordance with the Contract Documents listed and marked Exhibits 1 through 12, as follows:
Exhibit 1 Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract, pages contained within [Insert Name of CM firm.] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 2 A list of allowances and a statement of their basis, pages contained within [Insert Name of CM firm.] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 3 A list of clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications, pages contained within [Insert Name of CM firm.] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 4 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager’s Fee, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 5 A construction schedule for the Work in accordance with Section 3.10 of the Minnesota State AIA Document A201-2007 CM@r, including the Owner’s occupancy requirements as set forth in Section 2.1.3 herein, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 6 The anticipated date(s) of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, consistent with the Substantial Completion date(s) provided in Section 2.1.4 herein, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 7 The date by which the Owner must accept the Guaranteed Maximum Price, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 8 A list of alternatives and pricing therefore, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 9 Unit prices and assumptions as to anticipated unit quantities, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 10 The amount and basis for any contingency required pursuant to Section 2.2.4 herein, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 11 Identification of those portions of the Work that the Construction Manager intends to self-perform, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
Exhibit 12 The Construction Manager’s certification that the pricing and costs contained in the Guaranteed Maximum Price proposal are accurate, complete and current as of the date of the proposal, pages contained within [Insert Name of CM firm] Guaranteed Maximum Price proposal [List location eg. tab and/or page numbers], dated [Month xx, 20xx ] .
REVISION #2:
2.1.4 Phased Construction
The Date of Substantial Completion of the Project and Occupancy of the Building established by this Amendment is [Month xx, 20xx ].
12.2 Signatures: (Sign at the appropriate signature line below)
In witness whereof, the Owner has caused this Amendment to be duly executed on its behalf and the Architect has caused the same to be duly executed on its behalf. The location of final execution of this Amendment is in Ramsey County of the State of Minnesota.
1. CONSTRUCTION MANAGER: [INSERT NAME OF CONSTRUCTION MANAGER FIRM]
CONSTRUCTION MANAGER certifies that the appropriate person(s) have executed the contract on behalf of CONSTRUCTION MANAGER as required by applicable articles, by-laws, resolutions, or ordinances.
By (authorized signature and printed name)Title
Date
2. VERIFIED AS TO ENCUMBRANCE
[INSERT NAME OF COLLEGE/UNIVERSITY]:
Employee certifies that funds have been encumbered as required by Minnesota Statute §16A.15.
By (authorized signature and printed name)Title
Date
3. MINNESOTA STATE
[INSERT NAME OF COLLEGE/UNIVERSITY]:
By (authorized signature and printed name)Title
Date
4. AS TO FORM AND EXECUTION
[INSERT NAME OF COLLEGE/UNIVERSITY]:
By (authorized signature and printed name)Title
Date
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