HomeMy Public PortalAbout2004-02 Amendment #14 to Agreement with James A CummingsRESOLUTION NO. 2004-2
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF
KEY BISCAYNE CIVIC CENTER PROJECT;
AUTHORIZING CONSTRUCTION EXPENSE ITEMS
DESCRIBED HEREIN; AUTHORIZING AMENDMENT NO.
14 TO AGREEMENT BETWEEN OWNER AND
CONSTRUCTION MANAGER CONCERNING MATTERS
DESCRIBED THEREIN; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, pursuant to Section 3.07(b) of the Village Charter, the Village Council desires
to authorize the expenditure of Village funds for additional construction items for the Village's Civic
Center Project (the "Project") as described in the Village Manager's Memorandum, marked as
Exhibit "A" and attached hereto; and
WHEREAS, it is necessary to amend the Agreement between the Village and Construction
Manager to implement expenditures for the work authorized herein; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed
as indicated in this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and
confirmed.
Section 2. Work Authorized, Specification Of Funds.
A. That the construction activities for the matters described in Amendment No. 14 and
in Exhibit "A", attached hereto, are each hereby approved and authorized.
B. That the fund amount and source for the work items are hereby authorized and
approved as described in Exhibit "A."
Section 3. Amendment To Agreement Approved. That Amendment No. 14 to the
Agreement between Village and Construction Manager, in substantially the form attached hereto,
is hereby approved and the Village Manager and Village Clerk are hereby authorized, in their
respective capacities, to execute the Amendment to Agreement on behalf of the Village, once
approved as to legal form and sufficiency by the Village Attorney.
Section 4. Implementation. That the Village Manager is hereby authorized to take any and
all action necessary to implement the purposes of this resolution and the Amendment to Agreement.
Section 5. Effective Date. That this resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 13th day of January, 2004.
4-10 ttle-c_G/4 6 ------
MAYOR ROBERT OLDAKOWSKI
loN,
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO F 9 RM AND LEGAL SUFFICIENCY
VILLAGE A TO :Y
F:\ 103001\Resolutions\authorizing construction expense item No. 14 12.24.03
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Village Council
Robert Oldakowski, Mayor
Jorge E. Mendia, Vice Mayor
Martha Fdez-Lebn Broucek
Carol Diaz -Castro
Mortimer Fried
James L. Peters
Robert L Vernon
VILLAGE OF KEY BISCAYNE
Office of the Village Manager
DT: January 7, 2004
TO: H s or.`le Mayor j,nd ler b s of the Village Council
FR: *. ine R. U� e - nd��,'VilJa Manager
mendment 14 to Our Agreement with James A. Cummings
RECOMMENDATION
It is recommended that the Council approve the attached Resolution which
amends our Agreement with James A. Cummings, Inc. The resolution includes
one (1) amendment to our Agreement which provides additional funding for the
Civic Center Project.
EXPLANATION
Amendment 14: This amendment requests an increase in funding $400,092 for
Civil and site work for site infrastructure for phases 4 and 6. This work includes
the continuation and completion of roadwork at Village Green Way extension,
and roadwork on Femwood west of the Recreation Center. The amount
requested was reviewed and previously presented to Council by the Project
Construction Consultant, Skyline Management Group and is included in the over
all Civic Center revised budget projection submitted to Council on October 28,
2003.
88West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914
MISSION STATEMENT; TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT."
AMENDMENT TO AGREEMENT
BETWEEN OWNER AND CONSTRUCTION MANAGER
PROJECT NO.:
PROJECT NAME
AND LOCATION:
AMENDMENT NUMBER
VKB-98069000
Village Community Center (Recreation Center)
Village Fire Station, Police Station, and
Administrative Office of the Village of
Key Biscayne, Florida (the "Project")
#14 (Revised Civil & Site Work for Site Infrastructure
Phases 4 and 6.)
THIS AMENDMENT made this 4th Day of November in the year Two Thousand and Three
By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and
James A. Cummings, Inc.
a Florida Corporation
3575 Northwest 53rd Street
Ft. Lauderdale, FL 33309
Phone: (954) 733-4211, Fax (954) 485-9688,
(the "Construction Manager").
Federal Tax I.D. Number: 59-2098732,
WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of
Management Services of the State of Florida (the "DMS")) has previously entered into the
Agreement between the Owner and Construction Manager; and
WHEREAS, the Agreement has previously been revised by Amendment Nos. 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, 12 and 13;
WHEREAS, it is now necessary to revise the Agreement to: include Civil and Site Work for Site
Infrastructure Phases 4 and 6.
NOW, THEREFORE, in recognition of the good and valuable consideration provided by the
covenants hereof between the parties, the Owner and the Construction Manager hereby covenant
and agree to amend the Agreement to include Civil and Site Work for Site Infrastructure Phases
4 and 6, and to identify its funding source; to identify the drawings, specifications and other
documents upon which the GMP is based; and to otherwise revise the Agreement, as follows:
(1)
Guaranteed Maximum Price — the Guaranteed Maximum Price (GMP) for construction
of Project VKB-98069000, Village Community Center, Village Fire Station, Village
Police Station, and Administrative Office of the Village, as defined in Article 7.1 of said
Agreement shall be:
$22,177,298.59 (which includes the $400,092.00 GMP for the Civil and Site Work for
Site Infrastructure Phases 4 and 6 as listed below in item 2.a for the Village Fire Rescue,
Police and Administration and Community Center Buildings.)
(2) Drawings and Other Supporting Documents — in addition to the drawings,
specifications and other supporting documents identified in previous amendments (No. 1,
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13) to the Agreement, the Guaranteed Maximum Price
(GMP) for construction of the Project, is based upon the following drawings and other
supporting documents:
a. Proposal #R -16I to the Village of Key Biscayne from James A. Cummings, Inc.,
dated October 7, 2003, delineating Civil and Site Work for Site Infrastructure Phases
4 and 6, which are attached hereto as Exhibit "A.1."
b. Spillis Candela DMJM revised Civil Drawings, as delineated in sheets C1.1.03,
C1.1.05, C2.1.02, C2.1.03, C2.1.05, C3.1.02, C3.1.03, C3.1.05, C4.1.02, C4.1.03,
C4.1.05 dated March 27, 2003.
c. Spillis Candela DMJM revised Site Electrical Drawings, as delineated in sheet
EE 1.1.04 dated August 14, 2003.
d. Fuster Design Associates, Inc. revised Landscape & Irrigation Drawings, as
delineated in ,sheets L 1 & L2, dated April 7, 2003 and I1, I2 & I3, dated June 16,
2003.
e. The revised Project Budget, which is attached hereto as Exhibit "B."
(3)
Changes in Agreement — various changes are required to the exhibits and articles of the
Agreement to reflect the amendments described herein. It is agreed that the articles and
exhibits of the Agreement shall be deemed to be amended, to provide the following:
a. Establishment of the GMP for Civil and Site Work for Site Infrastructure Phases 4
and 6 in the amount of $400,092.00; and establishment of the GMP for the Project of
$22,177,298.59.
(4) Effect On Agreement - except as provided above, the articles and exhibits of the
Agreement which are not affected by the amendments provided for herein shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first
written above.
JAMES A. CUMMINGS, INC.
Attest:
By: c.t___, '(cu
Corporate Secretary
Witn sed:
By:
A/'/V
(print nam )
By:
L/sa
(print name)
By: ljeka 0
tilel.___
William R. Derrer, Corporate President
James A. Cummings, Inc.
VILLAGE OF KEY BISCAYNE
(Corporate Seal)
Village Clerk �'� �: . '.e Mager
By:
Village Attorney
103001\agreements\amendment to . ee ent between owner and construction manager
Approved as to form and - . al sufficiency:
EXHIBIT B
OWNER'S CONSTRUCTION BUDGET
ITEM DESCRIPTION CONSTRUCTION BUDGET
CONSTRUCTION MANAGER'S PRECONSTRUCTION PHASE FEE $113,190.00
SUBTOTAL OWNER'S TOTAL PRECONSTRUCTION PHASE FEE. $113,190.00
VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE 5527,392.00
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $457,223.00
CONSTRUCTION BUDGET BALANCE $9,878,355.00
AMENDMENT NO. 09 - OWNER REQUESTED CHANGES $232,893.00
SUBTOTAL CONSTRUCTION COSTS 511,095,863.00
ANTICIPATED OWNER SALES TAX SAVINGS ($159,266.00)
SUBTOTAL 510,936,597.00
OWNER'S CONTINGENCY $256,924.00
OWNER'S GMP BUDGET - FIRE RESCUE & ADMINISTRATION/POLICE $11,193,521.00
OWNER'S CONSTRUCTION BUDGET - FIRE RESCUE & ADMINISTRATION/POLICE
WITH PRECONSTRUCTION FEE $11.306,711.00
VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $119,226.00
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $34,521.00
CONSTRUCTION BUDGET BALANCE $647,913. 00
OWNER'S CONSTRUCTION BUDGET - VILLAGE CIVIC CENTER SITE & SITE
INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $801,660.00
VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2, 3, 4, 5 & 6 (INCLUDING STATE
SCHOOL "FF" SANITARY SEWER FORCE MAIN)
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $62,630.00
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $84,541.00
CONSTRUCTION BUDGET BALANCE $1,842,045.00
OWNER'S CONSTRUCTION BUDGET - VILLAGE CIVIC CENTER SITE & SITE
INFRASTRUCTURE WORK $1,989,216.00
VILLAGE COMMUNITY CENTER (RECREATION CENTER)
CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $771,920.00
CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $425,691.00
CONSTRUCTION BUDGET BALANCE $9,141,302.00
OWNER'S CONSTRUCTION BUDGET - VILLAGE COMMUNITY CENTER
(RECREATION CENTER) $10,338,913.00
EXHIBIT B (cont'd.)
OWNER'S CONSTRUCTION BUDGET
OWNER CHANGE ORDERS
OWNER CHANGE ORDER NO. 1
($1,140,899.62)
OWNER CHANGE ORDER NO. 2
($1,118,301.79)
SUBTOTAL OWNER'S CHANGE ORDERS
($2,259,201.41)
OWNER'S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $22,177,298.59
%-‘ cr Ask "
t�mmings
General Contractors
October 7, 2003
SKYLINE MANAGEMENT GROUP, INC.
88 West McIntyre Street
Key Biscayne, FL 33149
James A. Cummings, Inc.
3575 Northwest 53rd Street
Fort Lauderdale, FL 33309
Phone: 954-733-4211
Fax: 954-485-9688
Website:
www.jamesacurnminy.....orn
TRANSMITTED VIA HAND DELIVERY
ATTN: Mr. Paul Abbott, Project Director
RE: KEY BISCAYNE CIVIC CENTER — SITE INFRASTRUCTURE
REQUEST FOR CHANGE ORDER: PROPOSAL #R -16I
SITE INFRASTRUCTURE PHASES 4 & 6
Dear Mr. Abbott,
James A. Cummings, Inc. is submitting Proposal #R -16I, in the amount of $400,092.00. This proposal
incorporates furnishing and installation of Civil Equipment & Materials for Site Infrastructure Phases 4 &
6 dated April 24, 2002. Please see attached summary form and subcontractor quotations for a
recapitulation of this Work.
The Work indicated in this Request for Change Order is limited to Spillis Candela DMJM revised Civil
Drawings, as delineated in sheets C1.1.03, C1.1.05, C2.1.02, C2.1.03, C2.1.05, C3.1.02, C3.1.03,
C3.1.05, C4.1.02, C4.1.03, C4.1.05 dated March 27, 2003, revised Site Electrical Drawings, as delineated
in sheet EE 1.1.04 dated August 14, 2003 and Fuster Design Associates, Inc. Revised Landscape &
Irrigation Drawings, as delineated in sheets L1 & L2, dated April 7, 2003 and I1, I2 & I3, dated June 16,
2003.
If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this
office at (305) 361-9227 for discussion.
Sincere
J • J. CUMMINGS, INC.
A der Smith Jr.
P •j ect Manager
Rev' e - & Approved
SK '1 I y E MANAGEMENT GROUP, INC.
21
Pau . bb tt
VKB/SMG Project Director
Cc: Roberto Lage, SPILLIS CANDELA DMJM via fax 305-447-3558
Tony Schulz, SPILLIS CANDELA DMJM via fax 305-447-3558
Rob Maphis, JAC
Eric Squilla, JAC
FILE
James A. Cummings, Inc.
Proposal Summary Form
Village of Key Biscayne Civic Center
R -16I Amendment No. 3 - Site Infrastructure (Phases 4 & 6)
SECTION I DESCRIPTION OF WORK 1 LABOR
MATERIAL
SUBCONTRACT
""
Revisions to Site Infrastructure Civil Drawings by Spillis
Candela DMJM dated March 27, 2003. (Only Includes
Civil & Site Work for Site Infrastructure Phases 4 & 6.
Pricing is broken down per the attached Phasing Plan)
'
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I
i
01
JAMES A. CUMMINGS, INC.
f
Demolition
$2,000
Field Engineering
1 $3,000
Final Survey
f $3,0001
Permits
$2,5001
Builders Risk
[
) $3,000
Owner Contingency Allowance
$5,000 i
Contractor Contingency Allowance
f
1 $5,0001
02
METRO ENGINEERING, INC.
1 1 $119,667 1
02
STONE CIRCLE UNDERGROUND, INC.
$47,100
02
LANDSCAPE SERVICE PROFESSIONALS, INC.
I
$41,916
02
WINDMILL SPRINKLER CO., INC.
$10,4561
02
HOLLYWOOD STONE, INC.
$52,000;
16
FISK ELECTRIC CO.
$84,4391
1
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SUBTOTAL
LABOR BURDEN
SALES TAX
SUBTOTAL
TOTAL
OVERHEAD (4.5%)
SUBTOTAL
PROFIT (Included in "Overhead" above)
SUBTOTAL
BOND
TOTAL
1
$01 $01 $379,0721
$o
$o
$o
$o
$379, 072
r- $379,072
$
$17,058'
$396,1301
$o
$396,130
$3,961-
$400,092
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METRO ENGINEERING CQNTRA C'rORS, INC.
May 7, 2003
0 JAMES A. CUMMINGS. NC
412
3575 N.W. 53 "'STREET
cn
01 Ft. Lauderdale, FL. 33309
Attention: ALEX
RE: VILLAGE O1'' KEY I31SC:AYNE ROADWAY IMPROVEMENT
PROPOSAL
M
�t
DESCRIPTION
AMOUNT
PHASE Ia
a) Mob i1i?cttion L.S $ 3,500.00
c Demolition of concrete sidewalks, curbs, and
o asphalt surface only 1.,.5 19,706.00
a To excavate, grade, and prepare sub -base to
1r concrete paver areas L.S
I. $ 11,3'74.00
in
1'u .install .li.►ne�•ncl: base to concrete paver areas L.S $ 33,120.00
as
To install paving, incl. compucted sub -base,
Pr. limerock base and asphalt surface LS $ 9,810.00
it To install concrete curbs (color)
.Il; Valley Curbs L.S $ 4,940.00
i 6" Curb & Gutter L.Sci
$ 8,640.00
M'
6 1) Type L.S 5 11,600.00
0 To install and maintain M.O.T. L.S $ 9,166.00
.2 To furnish layout and as-builts LS $ 3,975.00
3
co
13-
3 PHASE la TOTAL. S115,831.00
E PHASE lb
V. Mobilization L.S $ 3,500.00
to Demolition or concrete sidewalks, curbs, and
0
in surface only L.S $ 16,200.00
To excavate, grade, and prepare sub -base to
concrete paver areas L.S $ 12,345.00
To install Iimeruck base to concrete paver areas L.S $ 4 4,7.1.00
To install paving, Incl. compacted sub -base,
lirncrock base and asphalt surface L..S $ 12,800.00
To install concrete curbs (color)
Vallcy Curbs LS $ 18,360.00
METRO ENGINEERING CONTRACTORS, INC. IS A CERTIFIED BLACK MINORITY CORPORATION
6" Curb &. Gutter
6" :.D„ Type
To install and maintain M.O.T
To furnish layout and as-builts
PHASE II
Mobilization
Demolition of concrete sidewalks, curbs, and
asphalt surface
To excavate, grade. and prepare sub -base to
concrete paver areas
To install limerock base to concrete paver areas
To install paving, incl. compacted sub -base,
limerock base and asphalt surface
To install concrete curbs (color )
6" Curb & Gutter
To install and maintain M.O.T
To furnish layout and as-builts
PHASE in
Mobilization
Demolition of concrete sidewalks, curbs, and
asphalt surface •
To excavate, grade, and prepare sub -base
to concrete paver areas.
To install limerock base to paver area
To install concrete curbs (color)
Valley Curbs
6" Curb & Gutter
6" "D" Type
To install and maintain M.O.T.
To furnish layout & as-builts
PHASE a
Nimmmift Mobilization
• Demolition of concrete sidewalks, curbs, and
asphalt surface
L.S
L.S
L.S
$ 21,840.00
$ 17,100.00
$ 6,700.00
$ 7,275.00
PHASE lb TOTAL S 1 h0,891..00
1,.S
L.S
L.S
L.S
L.S
L.S
L.S
I..S
PHASE II TOTAL
LS
L.S
L.S
L.S
L.S
L.S
L.S
L.S
L.S
PHASES [11 'TOTAL
14.S
L.S
$ 3,500.00
$ 6,670.00
$ 4,877.00
$ 4,427.00
$ 13,055.00
$ 9,840.00
$ 2.750.00
$ .2,550.0
$47,669.00
$ 3,500.00
$ 2,775.00
$ 2,680.00
$ 4,177.00
$ 610.00
$ 3,175.00
$ 770.0()
$ 2,120.00
$ 1,840.00
$ 21,647.00
$ 3,500.00
$ 6,317.00
"
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T o e x c a v a t e . g r a d e , a n d p r e p a r e s u b - b a s e
T o i n s t a l l p a v i n g , i n c l . c o m p a c t e d s u b - b a s e ,
l i r n e r o c k b a s e , a n d a s p h a l t s u r f a c e
T o i n s t a l l c o n c r e t e c u r b s ( c o l o r )
6 "