Shiel Sexton - Carmel City Center Construction Amendment #1AMENDMENT NO. 1
TO
CONSTRUCTION MANAGEMENT AGREEMENT
This Amendment No. 1 dated December 12, 2005 modifies the Construction
Management Agreement ( "Agreement ") executed this 16th day of March, 2005, by and between
the City of Carmel Redevelopment Commission ( "CRC ") and Shiel Sexton Company, Inc. ( "CM ")
for a portion of the Project entitled "Carmel Performing Arts Center" ( "CPAC ").
WHEREAS CRC and CSO have specifically requested that Construction Management
services pursuant to this Agreement are to be provided by the Construction Manager for a portion
of the Project entitled "Carmel Performing Arts Center".
The parties to the Agreement have agreed to the following modifications to the
Agreement for the CPAC Project only:
Exhibit B is deleted for the CPAC Project only and the attached following Exhibit B shall
be substituted.
The Agreement shall remain unmodified for all other portions of the Work, unless
mutually agreed otherwise, in writing.
IN WITNESS WHEREOF, CRC and CM have executed this Agreement as of the date set forth
above.
THE CITY OF CARMEL
REDEVELOPMENT COMMISSION
arter, President
SHIEL SEXTON CO
By:
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EXHIBIT B
to
Amendment No. 1
Compensation and Charges
1. Preconstruction Phase Services
1. Preconstruction Phase Services shall consist of:
a. Reimbursable Expenses
b. General Conditions
c. Compensation: CM Fee of 1.85%
2. Reimbursable expenses shall be billed to the Owner at cost without any CM
Fee
3. General Conditions shall be billed to the Owner at cost without any CM Fee.
4. CM's Fee shall be computed by multiplying the Construction Cost by 1.85 %.
5. Donnell Consultants, Inc. (DCI) will perform the preconstruction services as
defined in Article 2.2 as a consultant to Shiel Sexton and such services shall be
considered as Construction Costs. Shiel Sexton's responsibility shall be limited
to review of the work performed by DCI. In the event Shiel Sexton is required to
perform other preconstruction services as defined in Article 2.2, CM's personnel
shall be billed based on the actual hours expended on the Project multiplied by
the hourly Labor Rates set forth below in 11.4 plus CM's Fee.
11. Construction Phase Services
1. Construction Phase Services shall consist of:
a. Reimbursable Expenses
b. General Conditions
c. Personnel
c. Compensation: CM Fee of 1.85%
2. Reimbursable Expenses which shall be billed to the Owner at cost without any
CM fee;
3. General Conditions shall be billed to the Owner at cost without any CM fee;
4. CM's personnel shall be billed based on actual hours expended on the Project
multiplied by the hourly Labor Rates* set forth below plus CM's Fee:
Personnel Rate
Vice President $200
Project Manager $110
Superintendent $105
Project Engineer $80
Coordinator $65
Estimator $105
I.T. Technician $90
Safety Manager $100
5. CM's Fee shall be computed by multiplying the Construction Cost by 1.85 %.
III. CM Fee
CM's Fee for all basic services (preconstruction and construction phase) is based
on the estimated Construction Cost of $90 million for a total estimated fee of $1,665,000
which shall be paid evenly over 60 months at $27,750 per month. Prior to final payment,
the CM's Fee shall be adjusted based on the final Construction Cost.
*The hourly rates shall be adjusted annually.