The URL can be used to link to this page

Home My Public Portal About2004-06 Amendment #15 to Agreement with James A CummingsRESOLUTION NO. 2004-6 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. 15 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. 15 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. 15 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 10th day of February, 2004. 4-6) ( etv L„, MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F e ' AND LEGAL SUFFICIEN VILLAGE A TO F:\103001 \Resolutions\authorizing construction expense item No. 15 1/.28/04 2 r -- f46/?L .A " Lram L,.. Village Council Robert Oldakowski, Mayor Jorge E. Mendia, Vice Mayor Martha Fdez-Leon Broucek Carol Diaz -Cash Mortimer Pried James L Peters - Robert L Vernon VILLAGE OF KEY BISCAYNE Office of the Village Manager DT: TO: FR: RE: January 30, 2004 Honorable Mayor and Members of the Village Council Jacqueline R. Menendez, Village Manager Amendment 15 to Our Agreement with James A. Cummings RECOMMENDATION ttis 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 15: This amendment requests an increase in funding $286,867 for design changes and site and site infrastructure revisions for the Village Fire Rescue and Police and Administration Buildings as reflected in the following request for Change Orders; #R -110F #R -111F #R -112F #R -113F #R -114F #R - 58P #R 60P #R -118P #R -119P #R -120P #R -121P #R -122P #R -123P #R -124P #R-11 #R-121. #R-131 #R -14I #R-171. 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. 88 West 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: VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Florida (the "Project") AMENDMENT NUMBER #15 (Owner Directed Design Changes at Village Fire Rescue, Police & Administration Buildings; and Site & Site Infrastructure Revisions.) THIS AMENDMENT made this 9th Day of December 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, Federal Tax I.D. Number: 59-2098732, (the "Construction Manager"). 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, 13 and 14; WHEREAS, it is now necessary to revise the Agreement to: include Work Associated with Owner Directed Design Changes for the Village Fire Rescue Station and Police and Administration Buildings; and Site & Site Infrastructure Revisions. 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 work for the Owner directed design changes for the Village Fire Rescue Station, Police and Administration Buildings; Site & Site Infrastructure Revisions 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: $22,464,165.59 (which includes the $286,867.00 GMP for the Work Associated with the Owner Directed Design Changes and Site & Site Infrastructure Revisions as listed below in items 2.a through 2.s for the Village Fire Rescue and Police and Administration 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, 13 and 14) 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 -110F to the Village of Key Biscayne from James A. Cummings, Inc., dated July 24, 2003, and in accordance with OBM Miami, Inc. RFI #OP0211 dated July 11, 2002, and Guerraro/Gonzalez Engineers correspondence dated March 10, 2003, which are attached hereto as Exhibit "AI" b. Proposal #R -111F to the Village of Key Biscayne from James A. Cummings, Inc., dated July 23, 2003, and in accordance with OBM Miami, Inc. correspondence dated June 11, 2002, which are attached hereto as Exhibit "A.2." c. Proposal #R -112F to the Village of Key Biscayne from James A. Cummings, Inc., dated August 11, 2003, and in accordance with HDR/Fitzgerald Consulting Group Drawing EY 102 dated July 10, 2002, which are attached hereto as Exhibit "A.3." d. Proposal #R -113F to the Village of Key Biscayne from James A. Cummings, Inc., dated August 22, 2003, and in accordance with OBM Miami, Inc. RFI #0P0268 dated August 13, 2002, which are attached hereto as Exhibit "A.4." e. Proposal #R -114F to the Village of Key Biscayne from James A. Cummings, Inc., dated August 26, 2003, and in accordance with OBM Miami, Inc. RFI #0P0242 dated September 20, 2002, which are attached hereto as Exhibit "A.5." f. Proposal #R -58P to the Village of Key Biscayne from James A. Cummings, Inc., dated June 7, 2003, which are attached hereto as Exhibit "A.6." g. Proposal #R -60P to the Village of Key Biscayne from James A. Cummings, Inc., dated August 1, 2002, which are attached hereto as Exhibit "A.7." h. Proposal #R -118P to the Village of Key Biscayne from James A. Cummings, Inc., dated July 16, 2003, and in accordance with Fuster Design Associates Revised Drawings Ll, L2, I1 and I2 dated May 28, 2003; and Drawing Ii dated July 16, 2003, which are attached hereto as Exhibit "A.8." i. Proposal #R -119P to the Village of Key Biscayne from James A. Cummings, Inc., dated July 18, 2003, and in accordance with Spillis Candela DMJM RFI #PCO207 dated July 18, 2003, which are attached hereto as Exhibit "A.9." J. Proposal #R -120P to the Village of Key Biscayne from James A. Cummings, Inc., dated July 20, 2003, and in accordance with ITC No. 36 dated April 10, 2003 and Spillis Candela DMJM Revised Drawings C2.1.01, C3.1.01 and C4.1.01 dated March 13, 2003; and Electrical Drawings E1.2.00 and E5.1.02 dated April 10, 2003, which are attached hereto as Exhibit "A.10." k. Proposal #R -121P to the Village of Key Biscayne from James A. Cummings, Inc., dated July 20, 2003, which are attached hereto as Exhibit "A.11." 1. Proposal #R -122P to the Village of Key Biscayne from James A. Cummings, Inc., dated August 11, 2003, and in accordance with Spillis Candela DMJM ITC No. 16 (Rev. 1) dated March 28, 2002, which are attached hereto as Exhibit "A.12." m. Proposal #R -123P to the Village of Key Biscayne from James A. Cummings, Inc., dated August 25, 2003, and in accordance with Spillis Candela DMJM RFI #PC0160 dated August 14, 2002, which are attached hereto as Exhibit "A.13." n. Proposal #R -124P to the Village of Key Biscayne from James A. Cummings, Inc., dated September 3, 2003, and in accordance with Spillis Candela correspondence dated August 13, 2003 and Mechanical and Electrical sketches MSK-5, ESK-37 and ESK-38 dated August 11, 2003, which are attached hereto as Exhibit "A.14." o. Proposal #R -11I to the Village of Key Biscayne from James A. Cummings, Inc., dated July 24, 2003, and in accordance with WASA comments on Spillis Candela DMJM Drawings C1.1.01 & C1.1.02 dated October 22, 2002 (Rev. 3), which are attached hereto as Exhibit "A.15." 13- q. Proposal #R -12I to the Village of Key Biscayne from James A. Cummings, Inc., dated July 28, 2003, and in accordance with Fuster Design Associates Drawings L1 & L2 dated April 7, 2003 and I 1, I2 & I3, dated June 16, 2003, which are attached hereto as Exhibit "A.16." Proposal #R -13I to the Village of Key Biscayne from James A. Cummings, Inc., dated August 1, 2003, and in accordance with Spillis Candela DMJM Revised Civil Drawings C1.1.03, C1.1.05 through C6.1.02 and C7.1.00 through C7.1.05 dated March 27, 2003, which are attached hereto as Exhibit "A.17." r. Proposal #R -14I to the Village of Key Biscayne from James A. Cummings, Inc., dated August 25, 2003, and in accordance with Spillis Candela DMJM RFI's #1017 (dated 06/09/03) & I017A (dated 07/17/03), and Revised Electrical Civil Drawings EE0.1.01, EE 1.1.02 & EE 1.1.08 dated July 16, 2003, which are attached hereto as Exhibit "A.18." s. Proposal #R -17I to the Village of Key Biscayne from James A. Cummings, Inc., dated October 7, 2003, and in accordance with the request provided by the Village of Key Biscayne Public Works, which are attached hereto as Exhibit "A.19." t. 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 Work Associated with the Owner Directed Design Changes for the Fire Rescue, Police and Administration Buildings; and Site & Site Infrastructure Revisions in the amount of $286,867.00; and establishment of the GMP for the Project of $22,464,165.59. (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: PCv)-- -Lia_._ /(C -L o By: L Corporate Secre rp tary/a/T/►i(EL g L IS William R. Derrer, Corporate President James A. Cummings, Inc. Witnessed: By: (print name By: RAier IA v1 s\. \ I A. (-- (print name) Approved as to form and leg su " ciency: By: Village Attorney VILLAGE OF KEY BISCAYNE 1030011agreements\amendment to agree i ent b - een owner and construction manager (Corporate Seal) 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 ' ,SCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $527,392.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $457,223.00 CONSTRUCTION BUDGET BALANCE $9,878,355.00 AMENDMENT NO.09 - OWNER REQUESTED CHANGES $232,893.00 AMENDMENT NO. 15 - OWNER DESIGN CHANGES $182,318.00 SUBTOTAL CONSTRUCTION COSTS $11,278,181.00 ANTICIPATED OWNER SALES TAX SAVINGS ($159,266.00) SUBTOTAL $11,118,915.00 OWNER'S CONTINGENCY $256,924.00 OWNER'S GMP BUDGET - FIRE RESCUE & ADMINISTRATION/POLICE $11,375,839.00 OWNER'S CONSTRUCTION BUDGET - FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11,489,029.00 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 OWNERS 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 AMENDMENT NO. 15 - OWNER DESIGN CHANGES $104,549.00 CONSTRUCTION BUDGET BALANCE $1,842,045.00 OWNER'S CONSTRUCTION BUDGET - VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK $2,093,765.0Q 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 EXHIBIT B (cont'd.) OWNER'S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET OWNER'S CONSTRUCTION BUDGET - VILLAGE COMMUNITY CENTER (RECREATION CENTER) $10,338,913.00 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 ($2,259,201.411 OWNER'S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $22,464,165.59 Page 1 314 t SKYLINE MANAGEMENT GROUP Village of Key Biscayne CIVIC CENTER PROJECT 1CONSTRUCTION COST SUMMARY James A. Cummtaas, Inc. Description 1 Original Contract 2 Amendment 1 3 Amendment 2 4 Amendment 3 5 Amendment 4 6 Amendment 5 7 Amendment 6 8 BUDGET RECAP I STATUS Scope Pre -construction Fire and Village Hall Buildings Site / Infrastructure (utilities) Site / Infrastructure (site, roads, landscape) Fire / Village Hap Community Room Addition Community Center Budding Site / Infrastructure Force Main October 21,2003 Budget $ 113,190 $ 10,715,380 $ 801,660 $ 1,433,035 $ 189,058 $ 9,818,670 $ 156,089 Status Approved Approved Approved Approved Approved Approved Approved !Subtotal to Date GMP's $ 23,227,082 Approved I 9 Amendment 7 10 Amendment 8 11 Amendment 9 12 Amendment 10 13 Amendment 11 14 Amendment 12 15 Future Amendment Fire / Village Hap Generator Building Fire / Village Hall Parking Lot Fire / Village Hall Value Added Modifications Community Center Misc. Modifications Community Center Additional Sheet Piling Community Center Recharge Dewatering System Fire / Village Hap Misc. Modifications 72,760 40,085 232,893 40,043 56,265 81,728 87,578 16 Future Amendment Site/ infrastructure Misc. Modifications $ 126,056 17 Future Amendment 18 Future Amendment 19 Future Amendment 20 Future Amendment Community Center Re -design Site / Infrastructure Civil Engineering Modifications Site / Infrastructure (Balance of Amendment 3) Fire / Village Hall Addnl. Builders Risk ins. $ 395,483 $ 45,759 $ 400,092 S 106,384 21 Future Amendment 22 Future Amendment 23 Future Amendment 24 Future Amendment 25 26 Site / Infrastructure Crandon Blvd. Signalization Site / Infrastructure Passive Park (Cltgo Site) Community Center G.C. Delay Cost Community Center Delay Addnl. Builders Risk Ins. $ 200,000 $ 40,000 $ 327,744 $ 84,793 Approved Approved Pending Council Action Pending Council Action Pending Council Action Pending Submission to Council Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Submission to Council Design / Cost Pending Allowance - Pending Design Pending Submission to Council Pending Underwriter Review 'General Contractor Amendments $ 2,337,663 Approved or Pending Total General Contractor Cost 25,564,7451 444k P,2 414 43vrxisT t2Ce o9C, t"/ -2764 Comments Added Value Added Value Added Value Added Value knpact Cost Impact Cost Added Value Added Value Added Value Added Value Added Value Impact Cost Added Value Added Value Impact Cost knpact Cost *-4 10 4 1541 i o la, VA- dk. �.�lp, 56r410Mt3N0, *15) vkb cost report Page 1