GMP Amendment No. 2 to the Agreement with Thornton Construction Company, Inc. ro /q..- a %'
GMP AMENDMENT NO. 2
GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT NO.2, TO THE AGREEMENT FOR PRE
CONSTRUCTION SERVICES BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THORNTON
CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES, PURSUANT
TO RESOLUTION NO. 2013-28199, ENTITLED "CONSTRUCTION MANAGEMENT AT RISK PRE-
CONSTRUCTION SERVICES FOR THE SCOTT RAKOW YOUTH CENTER ICE SKATING RINK,
MECHANICAL REPAIRS, AND BUILDING RENOVATIONS (PROJECT)".
THIS GMP AMENDMENT NO. 2, made and entered into as of this A(w-r l , 2015 amends
that certain Pre-Construction Services Agreement between Owner, the City of Miami Beach, Florida
(City), and Construction Manager, THORNTON CONSTRUCTION COMPANY, INC. (hereinafter
Construction Manager or CM), made as of the 16th day of September, 2013 (the Agreement) for the
SCOTT RAKOW YOUTH CENTER ICE SKATING RINK, MECHANICAL REPAIRS, AND BUILDING
RENOVATIONS (hereinafter the Project), as amended by GMP Amendment No. 1, made and entered
into as of the 7th day of April, 2014 (GMP Amendment No. 1). (The Agreement and the GMP
Amendment No. 1 may also be collectively referred to as the "GMP Agreement").
RECITALS
WHEREAS, the Mayor and City Commission, at its December 12, 2012 meeting, authorized
the Administration to issue Request for Qualifications No. 22-2013TC, for a Construction Manager at
Risk (CM) firm to provide pre-construction services and construction phase services via a Guaranteed
Maximum Price (GMP) contract for the Project(the "RFQ"); and
WHEREAS, on May 8, 2013, the Mayor and City Commission approved Resolution No. 2013-
28199, authorizing the Mayor and City Clerk to execute a Pre-Construction Services Agreement with
Thornton Construction Company, Inc. for the Project, pursuant to the RFQ (the Agreement); and
WHEREAS, on March 5, 2014, pursuant to Resolution No. 2014-28527, the Mayor and City
Commission approved GMP Amendment No. 1 to the Agreement, in the amount of $1,233,981, which
outlined the terms for the construction phase scope of work for the Project; and
WHEREAS, GMP Amendment No.1 provided that the CM shall achieve Substantial Completion
of the Work no later than 120 calendar days from the issuance of Notice to Proceed (NTP) No. 2 (the
Contract Time); and
WHEREAS, this GMP Amendment No. 2 to the Agreement extends the Contract Time by an
additional 23 excusable non-compensable calendar days, due to fire alarm issues encountered at the
main facility that impacted the substantial completion inspection; and
WHEREAS, this GMP Amendment No. 2 provides a total credit in the amount of$40,616.85, of
which $2,213.00 is for flooring that was included in the RFQ for room number 127 but was ultimately
not necessary; and a credit in the amount of$38,403.85 remaining in the Owner's contingency.
NOW, THEREFORE, the parties hereto, in consideration of the mutual promises, covenants,
agreements, terms, and conditions herein contained, and other good and valuable consideration, the
sufficiency and adequacy, of which are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this GMP Amendment
No. 2.
2. MODIFICATIONS
A. Section 2(i) of GMP Amendment No.1 is hereby deleted in its entirely and replaced with the
following:
The CM shall achieve Substantial- Completion of the Proiect contemplated in this GMP
Amendment No.1, no later than 143 calendar days from the issuance of NTP # 2, the Date
of Commencement (the "Contract Time"). The Final Completion date shall be not later than
December 31, 2014. Failure to meet either the Substantial Completion or Final Completion
dates shall be a material breach of this Agreement and liquidated damages will be assessed
thereinafter.
B. The GMP Contract Amount will be adjusted to reflect $1,193,364.15, instead of
$1,233,981.00.
3. OTHER PROVISIONS.
Except as amended herein, all other provisions of the GMP Agreement shall remain unchanged
and in full force and effect.
4. RATIFICATION.
The CITY and CM ratify the terms of the GMP Agreement No. 1 as amended by this GMP
Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this GMP Amendment No. 2 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY 0 MIAMI BE NCH
l ,
Raf. el E. Granado, � B •*l im c y L. A r.•les,
City Clerk • • .'9 4141, • anag-r
40,--
ATTEST: "'t'"."';oN f UCTION MANAGER AT RISK:
..INCORP ORATt OR • CONSTRUCTION C• PANY, INC.
E
A/liked_
11 INV•
Print Name: 'rin ame:
➢
�� r� G i/`
Secretary ,%f ■
t I Title:
e sica Grau
COMMISSION#FF214673 " APPROVED AS TO
t ..� EXPIRES:March 29,2019 FORM & LANGUAGE
"44,t 0 WWW.AARONNOTARY.COM
& FOR EXECUTION
City Attorney Date