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Home My Public Portal About2004-10 Amendment #16 to Agreement with James ARESOLUTION NO. 2004-10 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. 16 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. 16 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. 16 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 9th day of March, 2004. (zit,t L, MAYOR ROBERT OLDAKOWSKI HITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGALSUFFICIE 411, VILLAGE ATT F:\ 103001\Resolutions\a . o ' 'ng construction expense item No. 16 2.25.04 2 OKA 1 rkt OPIUM r -- f L. L rim Le Pia Oft r V flag Coww 1 Robert Oldakowskt, Mayor Jorge E Mendia. Vu Mayor Martha Fdez Leon Broncck Carol Diaz -Castro Mortimer Fned James L Peters Robert L Vernon E*754eir 'XII Office of the Village Manager DT February 27 2004 TO H , • rable : - Members of the Village Council FR cqu rr e - Mene ..r Village Manager R Amendment 16 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 16 This amendment requests an increase in funding $355 318 for Permit review changes and value engineering revisions for the Community Center Budding as reflected in the following request for Change Orders #R -05C #R 06C #R -07C #R 08C #R -09C #R -10C #R 12C #R 18C #R 19C #VE 01C #VE-02C The amount requested was reviewed and previously presented to Council by the Project Construction Consultant Skyline Management Group and is included in the overall 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 MLSSION STATEMENT 'TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT 1 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 #16 (Permit Drawing Changes and Value Engineering Savings for the Village Community Center.) THIS AMENDMENT made this 22nd 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, (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, 13, 14, and 15; WHEREAS, it is now necessary to revise the Agreement to: include Work Associated with Permit Drawing Changes for the Village Community Center; and Value Engineering Changes. 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 Permit Drawing Changes and Value Engineering Changes for the Village Community Center; 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: $22,788,915.59 (which includes the $355,318.00 GMP for the Work Associated with the Permit Drawing and Value Engineering Changes for the Village Community Center as listed below in items 2.a through 2.1 for the Village Community Center.) (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, 14 and 15) 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 -05C to the Village of Key Biscayne from James A. Cummings, Inc., dated June 22, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05 (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.1." b. Proposal #R -06C to the Village of Key Biscayne from James A. Cummings, Inc., dated June 22, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05 (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.2." c. Proposal #R -07C to the Village of Key Biscayne from James A. Cummings, Inc., dated September 17, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05 (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.3." d. Proposal #R -08C to the Village of Key Biscayne from James A. Cummings, Inc., dated June 22, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05_ (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.4." e. Proposal #R -09C to the Village of Key Biscayne from James A. Cummings, Inc., dated June 22, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05 (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.5." f. Proposal #R -10C to the Village of Key Biscayne from James A. Cummings, Inc., dated September 22, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05 (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.6." g. Proposal #R -12C to the Village of Key Biscayne from James A. Cummings, Inc., dated July 29, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05 (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.7." h. Proposal #R -18C to the Village of Key Biscayne from James A. Cummings, Inc., dated October 7, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05 (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.8." i. Proposal #R -19C to the Village of Key Biscayne from James A. Cummings, Inc., dated October 14, 2003, and in accordance with Robert G. Currie Partnership ITC's: No. 01 (drawings dated 10/22/02); No. 02 (drawings dated 01/27/03); No. 03 (drawings dated 02/21/03); No. 04 (drawings dated 02/27/03); No. 05 (drawings dated 03/14/03); No. 06 (drawings stamped received on 3/17/03); No. 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A.9." j. Proposal #VE-01C to the Village of Key Biscayne from James A. Cummings, Inc., dated September 3, 2003, which are attached hereto as Exhibit "A.10." k. Proposal #VE-02C to the Village of Key Biscayne from James A. Cummings, Inc., dated October 29, 2003, and in accordance with Robert G. Currie Partnership RFI Nos. C054 (dated 09/09/03) and C062 (dated 09/22/03), which are attached hereto as Exhibit "A.11." 1. The revised Project Budget, which is attached hereto as Exhibit "B." 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: tj a. Establishment of the GMP for Work Associated with the Permit Drawing and Value Engineering Changes for the Village Community Center in the amount of $355,318.00; and establishment of the GMP for the Project of $22,788,915.59. (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: ?CLnev\.,t c' Corporate Secretary Pamela Kalis By: illiam R. Derrer, Corporate President James A. Cummings, Inc. (Corporate Seal) By: (print name) =ale 7 la (print name) VILLAGE OF KEY BISCAYNE TIN Art_ FF"�jIJ-� J Approved as to form . d 1 gal sufficiency: 4ZOR i By: Village Att 103001\ agreements\amendment eement between owner and construction manager EXHIBIT B OWNER'S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGER'S PRECONSTRUCTION PHASE FEE 5113,190.00 SUBTOTAL OWNER'S TOTAL PRECONSTRUCTION PHASE FEE 5113.190.00 VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE 5527,392.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT 5457,223.00 CONSTRUCTION BUDGET BALANCE 59,862,250.00 AMENDMENT NO. 09 - OWNER REQUESTED CHANGES 5232,893.00 AMENDMENT NO. 15 - OWNER DESIGN CHANGES 5182,318.00 SUBTOTAL CONSTRUCTION COSTS 511262,076.00 ANTICIPATED OWNER SALES TAX SAVINGS (5159,266.00) SUBTOTAL S11,102.810.00 OWNER'S CONTINGENCY 5256,924.00 OWNER'S GMP BUDGET - FIRE RESCUE & ADMINISTRATION/POLICE 511,359,734.00 OWNER'S CONSTRUCTION BUDGET - FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11.72.924.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK & WATER MAIN CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE 5119,226.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT 534,521.00 CONSTRUCTION BUDGET BALANCE 5647,913.00 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 SCHOOL "FF" SANITARY FORCE MAIN) CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE 562,630.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT 584,541.00 AMENDMENT NO. 15 - OWNER DESIGN CHANGES 5104,549.00 CONSTRUCTION BUDGET BALANCE 51,842,045.00 OWNER'S CONSTRUCTION BUDGET - VILLAGE CIVIC CENTER SITE INFRASTRUCTURE WORK 52.093.765.00 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE 5771,920.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT 5428,698.00 EXHIBIT B OWNER'S CONSTRUCTION BUDGET AMENDMENT NO. 16 - PERMIT DRAWING CHANGES CONSTRUCTION BUDGET BALANCE OWNER'S CONSTRUCTION BUDGET - VILLAGE COMMUNITY CENTER OWNER CHANGE ORDERS OWNER CHANGE ORDER NO. 1 OWNER CHANGE ORDER NO. 2 OWNER CHANGE ORDER NO. 3 TOTAL OWNER CHANGE ORDERS OWNER'S TOTAL CONSTRUCTION BUDGET (ALL PHASES) AMENDMENT NO. 07 - VILLAGE HALL GENERATOR BUILDING (NOT INCLUDED IN GMP) OWNER'S TOTAL CONTRACT BUDGET $355,318.00 $9,123,832.00 111629168.120 ($1,140,899.62) (S1,118,301.79) (,$2159.201.411 $22,788,915.59 $72,760.00 $22,861,675.59