2-02. Appendix 2-3 (Draft GMP Amendment).docx

ATTACHMENT 3: GMP AMENDMENT

RFQu- YY-####

GMP AMENDMENT

to

CONSTRUCTION MANAGER AT RISK AGREEMENT

between

TOHOPEKALIGA WATER AUTHORITY

and Entity Name regarding Project Title

THIS GMP AMENDMENT (“GMP Amendment”) is effective the last date signed below.

Execution; Definitions Execution This GMP Amendment is executed in connection with and amends the Agreement numbered RFQu-YY-#### between the Parties. This GMP Amendment is a Contract Document and part of the Agreement.

Definitions The terms used in this GMP Amendment, unless otherwise defined in this GMP Amendment, shall have the meanings ascribed to them in the Agreement.

Incorporation of Documents The documents listed in Table 1: GMP Appendices are hereby incorporated into this GMP Amendment:

Table 1: GMP Appendices

Guaranteed Maximum Price As provided in Section 6.6: Guaranteed Maximum Price Amendment of the Agreement, the GMP is the maximum price TOHO shall be obligated to pay CMAR for total completion of the Project, regardless of actual costs incurred by CMAR or its Subcontractors.

The “GMP Total” for the Project, as shown in Table 2: Guaranteed Maximum Price, is hereby the GMP guaranteed to TOHO by CMAR.

Table 2: Guaranteed Maximum Price

(As provided for in Agreement Section 8.3: Cost of Construction) $###,###.00

(As provided for in Agreement Section 8.4: General Conditions Costs) $###,###.00

(As provided for in Agreement Section 8.5: Construction Contingency Allowance) $###,###.00

(As provided for in Agreement Section 8.6: Owner’s Contingency Allowance) $###,###.00

(As provided for in Agreement Section 8.7: Permit and Fee Allowance) $###,###.00

(As provided for in Agreement Section 8.8: Bonds and Insurance Costs) $###,###.00

(As provided for in Agreement Section 8.9: Construction Manager Fee; #.#%* of Item 1 – Cost of Construction, and Item 2 – General Conditions Costs) $###,###.00

(If applicable, as provided for in Agreement Section 8.10: Bid Contingency. If not applicable, insert $0.00) $###,###.00

* Construction Manager Fee shall be as established in accordance with Agreement Section 8.9: Construction Manager Fee.

CMAR hereby certifies that such GMP has been calculated based upon the entire Scope of Work as described in the Contract Documents, subject only to additions and deductions in scope and design by Change Order approved by TOHO in accordance with Agreement Article 13: Change Orders.

CMAR’s Executive Summary is attached hereto as APPX-1: Executive Summary.

CMAR’s justification of the GMP is attached hereto as APPX-8: Breakdown of GMP. The GMP has been more particularly itemized by CMAR in APPX-2: Schedule of Values, which was prepared in accordance with the terms of the Agreement and Contract Documents.

The Construction Documents used by CMAR in preparation of the GMP are identified specifically in the attached in APPX-3: Construction Documents, together with CMAR’s Determination of Completeness of the Construction Documents.

Whether or not the Contract Documents enumerated in this GMP Amendment have actually been completed, CMAR hereby certifies that the GMP includes all Work reasonably inferable from such Contract Documents, and all responses issued by DESIGN ENGINEER and/or TOHO to CMAR’s requests for information, as necessary to deliver a fully completed Project.

To the extent there exists a conflict within the Contract Documents, the item of higher price, quantity, or quality shall be included in the GMP, without use of any contingency or allowance.

By executing this GMP Amendment, CMAR acknowledges that it has:

Ascertained all correct locations for points of connection for all utilities, if any, required for this Project; and Has identified all the CMAR’s qualifications, clarifications, assumptions, and exclusions for this Project, if any, in APPX-4: Qualifications, Clarifications, Assumptions, and Exclusions.

Contract Time; Project Completion Dates CMAR shall achieve Substantial Completion not later than ### days from the Construction Phase Commencement Date.

The Progress Schedule for the Project is set forth in attached APPX-5: Progress Schedule.

All time limits or Milestones stated in the Contract Documents, including without limitation those in the Progress Schedule, are of the essence to the Contract. The stated time limits are agreed to be adequate to complete the Work, including the procurement, manufacture, and delivery of all material and equipment required, and account for any and all potential impact, delays, disruptions, and costs that may be expected.

CMAR’s Personnel CMAR’s Key Personnel CMAR has assigned the following Key Personnel to the Project.

Table 3: CMAR’s Key Personnel

Table 3: CMAR’s Key Personnel above shall, for the purposes of the Construction Phase, replace and supersede the Key Personnel identified in the Preconstruction Amendment.

Salary and Wage Schedule (if applicable) To the extent that TOHO has authorized CMAR, in writing, to perform a portion of the Work with CMAR’s own forces, the Salary and Wage Schedule for the CMAR’s personnel performing such portion of the Work shall be as set forth on the attached APPX-6: Salary and Wage Schedule.

CMAR hereby warrants and represents that the salary and wage schedule includes the lowest comparable market rates (including any and all benefits, contributions, and insurance) charged by CMAR for comparable contracts to other businesses and individuals for similar services, and that such rates are not higher than the standard paid at the place of this Project.

In the event the Contract is funded in whole or in part by Federal Financial Assistance and the Davis-Bacon Act, Contract Work Hours and Safety Standards Act, or some other related state and/or federal law, regulation, or other wage requirements apply, CMAR’s warranty and representation as presented in Paragraph B above, is hereby modified to warrant and represent that the salary and wage schedule was provided in accordance with the U.S. Department of Labor’s Wage Determinations for the applicable county in which the Project is located, and otherwise reflect the lowest comparable market rates.

Payment Agent Determination In accordance with Section 218.72(1), Florida Statutes, TOHO is required to identify the Agent or employee to which CMAR must submit its Applications for Payment.

For the purposes of this Agreement:

(Select One Option)

The address of the above-selected individual to whom CMAR shall send its payment requests or invoices is as follows:

Applicable Entity Name Attn: Individual Name and/or Title Address Line #1 Address Line #2

TOHO reserves the right to unilaterally change its above selection and/or the individual selected by providing written notice to CMAR.

Human Trafficking Affidavit CMAR hereby represents, warrants, and certifies that CMAR does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. CMAR previously has provided to TOHO the affidavit as required by Section 787.06(13), Florida Statutes, and hereby reasserts and reincorporates that affidavit as if fully set forth herein.

Counterparts, Electronic Transactions, and Electronic Signatures.

This document may be electronically executed by the Parties in counterparts up to but not exceeding the number of parties, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. Each Party may deliver its executed signature page by email transmission to the other Parties at the email addresses set forth herein. Delivery shall be effective and complete upon completion of such email transmission. The Parties agree that electronic signatures may be used in the execution of this document in accordance with Parts I and II of Chapter 668, Florida Statutes.

Full Force and Effect Except as expressly provided above, the Agreement and Contract Documents shall remain unchanged and in full force and effect, and the same are hereby expressly ratified and confirmed by the Parties.

[ SIGNATURES ON FOLLOWING PAGES ]

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.

VENDOR NAME TOHO WATER AUTHORITY

STATE OF _____________________________

COUNTY OF ___________________________

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this _______ day of __________________, 202_, by ____________________ as ____________________ of VENDOR NAME, a TYPE OF COMPANY, on behalf of the company, who [ ] is personally known to me OR [ ] has produced _______________, as identification.

Notary Signature

Printed Name: ___________________________

My Commission No.:______________________

My Commission Expires:___________________

(Stamp) V.20250616.01

TOHO Initials:

CMAR Initials:

Attachment 3: GMP Amendment RFQu- APPX-1: Executive Summary

Enter Executive Summary here.

APPX-2: Schedule of Values

Enter Schedule of Values here.

APPX-3: Construction Documents

Enter Drawings and Specifications here.

APPX-4: Qualifications, Clarifications, Assumptions, and Exclusions

Enter Qualifications, Clarifications, Assumptions, and Exclusions here.

APPX-5: Progress Schedule

Enter Progress Schedule here.

APPX-6: Salary and Wage Schedule

If applicable, enter Salary and Wage Schedule here, if inapplicable, enter “NOT APPLICABLE”.

APPX-7: U.S. Department of Labor Wage Determination

If applicable, enter U.S. Department of Labor Wage Determination(s) here, if inapplicable, enter “NOT APPLICABLE”.

APPX-8: GMP Breakdown

Enter GMP Breakdown here.

APPX-9: TRUTH IN NEGOTIATION CERTIFICATE

Contract Number:_______________________

Project Name: ___________________________

Date:____________________________________ Pursuant to the requirements of Section 287.055, Florida Statutes, and any applicable laws governing public procurement in the State of Florida, [CONTRACTOR NAME] hereby certifies that the wage rates and other factual unit costs supporting the compensation for professional services under the referenced agreement are accurate, complete, and current as of [Date of Final Price Agreement].

The undersigned understands that:

1. This certification is a material representation upon which reliance was placed in price negotiations leading to the execution of the contract.

2. The State of Florida or any relevant public entity retains the right to adjust the contract price, including profit or fee, if it is determined that the negotiated price was increased due to inaccurate, incomplete, or non-current wage rates or unit costs.

3. Failure to provide truthful and accurate cost data may result in contract adjustments, financial penalties, and other remedies as allowed under Florida law.

STATE OF _________________

COUNTY OF _______________

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ________________________, 20____, by _______________________, as __________________ of __________________________, a ________________________________ authorized to do business in the State of Florida on behalf of the company/corporation. They ☐ are personally known to me or ☐ have produced ___________________________ as identification.

(Seal) Signature of Notary Public

Name of Notary Typed, Printed or Stamped

APPX-10: Insurance and Bonds

Insurance and Bonds are included as Appendix 10.