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Home My Public Portal About2003-16 Amendment #8 to Agreement with James A. CummingsRESOLUTION NO. 2003-16 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 PAYMENT FOR WORK OF DEMOLITION OF CONCRETE SLAB AND RELATED REMEDIATION OF SITE CONDITIONS IN THE VICINITY OF THE PARKING LOT COMPONENT OF VILLAGE HALL/POLICE STATION; AUTHORIZING AMENDMENT NO. 8 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING ITEM DESCRIBED ABOVE; PROVIDING FOR SPECIFICATION OF FUNDS FOR ITEM DESCRIBED ABOVE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, demolition activities in the vicinity of the parking lot for the Village Hall Police Station had disclosed the presence of a large 4-5 foot thick concrete slab which was part of the structure that previously supported a water tower at the site, and the necessity for demolition and removal ofthese materials has caused an unforeseen structure removal cost as designated herein; and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement payment 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. That the demolition of the concrete slab described above and related remediation work at a cost not to exceed $40,085.00 is hereby approved. The cost of this work shall be paid from the construction budget of the Project. Section 3. Amendment To Agreement Approved. That Amendment No. 8 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 June, 2003. 1, fl,o (A/at t_,____ MAYOR ROBERT OLDAKOWSKI ,i ataiefe HITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS T • FORM AND LEGAL SUFFICIENC VILLAGE AT O' F:\103001\Resolutions\demolition of concrete slab re civic center project 2 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 #8 (Demolition of Concealed Conditions located at Police & Administration Building Parking Lot) THIS AMENDMENT made this 6th Day of May 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 and 7; and WHEREAS, it is now necessary to revise the Agreement to: include additional work resulting from the discovery of concealed conditions below the surface of the new Police & Administration Building Parking Lot; and to delete references to DMS as agent for the Owner as to the Parking Lot component of the Project. 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 Unforeseen Conditions located in the Police and Administration Building Parking Lot 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: $23,267,167.00 (which includes the $40,085.00 GMP for the remediation of concealed conditions at the Police & Administration Building Parking Lot) (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 and 7) 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 -109P to the Village of Key Biscayne from James A. Cummings, Inc., dated May 5, 2003, and as directed by Spillis Candela DMJM in response to RFI #I003, dated February 26, 2003 which are attached hereto as Exhibit "A." b. The revised Project Budget, which is attached hereto as Exhibit "B." (3) Elimination of Agent — the DMS is hereby eliminated as the agent of the Owner concerning the construction of the Police & Administration Parking Lot component of the Project. Owner may subsequently appoint a new construction program representative. (4) 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. Deletion of the services of the DMS for the Police & Administration Building Parking Lot component of the Project; b. Establishment of the GMP for the'remediation of concealed conditions located at the Police & Administration Building Parking Lot in the amount of $40,085.00; and establishment of the GMP for the Project of $23,267,167.00. (5) 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: -6YuJ a. , iCQ.,QL Corporate Secretary Witnessed: By: 14iCti (print name) By: -P.k . GaltkAA b (print name) Village Clerk By: Village Atto By: k William R. Derrer, Corporate President James A. Cummings, Inc. VILLAGE OF KEY BISCAYNE Approved as to form and legal sufficiency: 103001\agreements\amendment to agre ent tween owner and construction manager (Corporate Seal) James A. Cummings, Inc. 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 timings Contractors May 5, 2003 Village of Key Biscayne Police_ Department 85 West McIntyre Street Key Biscayne, FL 33149 Phone: 954-733-4211 Fax: 954-485-9688 Website: www.jamesacummings.corn TRANMITTED VIA FAX ATTN: Mr. Jud Kurlancheek, RE: KEY BISCAYNE CIVIC CENTER REVISED: CHANGE ORDER REQUEST: R -109P FOUNDATION DEMOLITION @ EXISTING POLICE & FIRE STATIONS Dear Mr. Kurlancheek, James A. Cummings, Inc. is submitting Revised Change Order Request R -109P, which incorporates the removal of unforeseen conditions (foundation system, see letter dated March 7, 2003), and the installation of additional fill material needed to bring the site to working grade elevations, an additive change order in the amount of $40,085.00 is required. Please see attached backup and summary form and subcontractor quotations for a recapitulation of this amount. 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. Sincerely, JAMES A CUMMINGS, INC. Al: der Smith Jr. Pr - ct Manager Cc: Rick Derrer, JAC Rob Maphis, JAC Jere Lahey, DMS Eugene Santiago, VKB Armando Nunez, VKB FILE g iT James A. Cummings, Inc. Proposal Summary Form Village of Key Biscayne R -109P: Foundation Demolition: Unforseen Conditions SECTION DESCRIPTION OF WORK LABOR MATERIAL [SUBCONTRACT -- D2_. - iami-_Wrecking,_Inc. _._- - - ---- = r ---_,, - - Removal of 982 Cubic Yards of Additional 1 $34,370 Materials. I 1 I 02 Megatran, Inc. i 1 - Removal of Pilings (8) for Exfiltration Trench Installation j I $558 Removal of Pilings (26) for Exfiltration Trench Installation ! $1,260 � I 01 Construction Phase Extension ! ($2, 080/Per Day Allowed By Article 8.1.2.1.B) Amount Reduced By Cummings 1 $3,500 ! 1 1 3 ! ! 1 ' ' 1 ' I I SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4.5%) SUBTOTAL PROFIT (Included in "Overhead" above) SUBTOTAL BOND TOTAL l col $ol $39,688, 0 $o $o $o $39,688 $39,688 NONE $39,688 'NONE $39,688 $397, $40,085 MMMI WRFC#(IMQ CO, M I rc h 17, 2003 James A. Cummings, Inc. may Bisc*yne Civic Center Job Site Phone (305) 361-9227 Job Site FAX (305) 361-3647 AT~TN: Alex Smith RE: Key Biscayne Civic Cea ter Foundations of Existing Police and Fire Station Dear Mr. Smith: Miami Wrecking Co. has performed the removal of unknowniiconcrete slabs and foundations. 1 The Elevations determined by James A. Cummings and truckfticket documentation provided by Miami Wrecking Co. To date, the agreed quantities come to 982 cu. yds., which at ve contract price of 535.00 per cu. yd. comes to the scum of 534,370.00 i Because of the harsh abuse our equipment endured, due to the unusually large concrete removal, 1 can not offer a discount from the pricing above. 1 Also, Miami Wrecking Co. requested a change order that waslapproved on 3/30/2002 by Frank Sedmak, which we have not received (Enclosed). Sincerely, Miami Wrecking Co. 13 kenneth Ch*iken RE CETVED t14R 1 5 2003 cumNINGS, /MC. VOSSITE W :711,43 RD. rV / POMPANO SCH., F1 33069 • 95-9741-6055 S • FAX: 9541754441 i-�+its i�r�tti Lier7iCed and Electrical Co► c-ters .o:.5�'.=C Cn ;�'l• '-cz .nt I TELD C1-TA\GE ORDER REQUEST RE z" BisC': Y. "E CTVTC CENTER & POLICE DEPARTMENT ADDITIONAL WORK D.ESCRTPTrON: FTELD CHANGE ORDER #:c7/v6 od moo; DATE: .PREPARED BY. /4'g Pi`s rrv4 . MAN. FOURS REQI;LRED:.3 ACCEPTANCE -OF CFIANGE ORDER REQUEST • . • -The above specification` dncl cuut]itit�,,s trc hereby actcpted and a corres ondin c prepared. . You are authorized to do the work As specified. P S haage order . Accepted Date. James A. Curnrn irgs. Signature: • Iti jami. Honda 33;72 ♦ (305) 4__-; April 22, 2'03 Licensed Utility and EJectrical Contractors {. � Struc'.ion Manage. !Dent Transmitted via Fax to 305-361-5647 \'Er, i l �l ?i.1x .Project Manager James -A Cummings; Inc' 3575 NW 53'1 Str e Fort Lauderdale, Florida 33309 RE: Village of Key Biscayne Police Department Change Order Request • . Dear Mr.'Smith; .1 -As per James A. -Cummings Inc.7s.-request, please find below the additional cost for the removal of the concrete pile...rernoved by Ntegatrarr's crew during the installation of the drainage systern•in the police park; lot. • 'Demo, clean and.haul away (26) concrete piles.rernoved by Meeatran:• Total •• •$ I:Iti0: 00 +111 % -Overhead • -- S. . 1115 00 - • +10'54 -Piet . • ,5.. • 105, 00 . . • Total of this Change order Request 3 11260:00 We would respectfully request the preparation of a Change Order to our subcontract in the amount of $1,260 00 for the cost of this out of scope. Sincere.! Michael B. Acosta, PE President flECEIVED APR 2 2 2003 - James A. Cumrnings, Inc. Key Biscayne Civic Center ._ c^ u� • Mia-n;, FlOrida 33172 • (305) 477-1707 • FAX (305; 592-4239 James A. Cum 3575 Ncr'Thi,vest For Laudercaie• cIfl WM ruin q s Gt ! Contractcrs i Mach 7. '00 Village of Key Biscati ne Department of Building, Zoning- and Planning -8/West McIntyre -Street -- - - 'Key Biscayne; FL 33149 ATTN:Mr. Jud Kurlancheek, Director RE: KEY BISCAYNE CIVIC CENTER FOUNDATION OF EXISTING POLICE & FIRE STATIONS Dear Mr. Kurlancheek, James A. Cummings, Inc. and it subcontractor Miami Wrecking is progressing with Demolition of t he existing Police and Fire Stations located at 85 West Enid Drive. Unforeseen Circumstances have arisen concerning the foundation system. The concrete slabs and foundation systems under the existing Police and Fire Stations are ranging from 12" to 66"+/- in depth, see attached sketch. This foundation s stem was not accounted for in the GMP proposal or indicated on the drawings. y James A. Cummings, Inc. is tracking the quantities of the materials being excavated in two ways; (1) Truck Loads counts are being tracked, and (2) the establishment of elevations, post and prior to } demolition to indicate volume of materials excavated. To date three (3) of the four (4) existing Police/Fire Station and Trailer slabs have been removed, totaling approx. 813 cubic yards of materials. James A. Cummings,.Inc. is responsible for the removal approx. 263 cubic yards. The demolitionr ° W . of the Apparatus Bay slab remains. Once the Apparatus Bay quantities are determined the will be rk forwarded to the Village of Key Biscayne. y James A. Cummings, Inc. reserves it right to request compensation for costs and a time extension, which may result from this schedule impact. These costs may include, but are not limited to, compensation for a time extension including jobsite and home office overhead and related costs, loss of labor efficiency, escalation costs and subcontractor claims. These costs and required extension to the project schedule are not discernable at this time; once these impacts become apparent, we will advise you accordingi . dy If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this at (305) 361-9227 for discussion. t�n this Sincerely, JAM S Ph ore. 954-7: cer: 55443 Webs: CE .,1,.�bLj�.�• �cSc u CUMNIINGS, INC. der Smith Jr. ect Manager Jacqueline Menendez. VKB Eugene Santiago. VKB Armando Nunez, VKB Kenny Chaiken. Miami Wrecking TRANSMITTED VIA HAND DELIVERY Rob ,`(aphis. J.AC Rand Eachus. JAC Lantz Hoitzhower. J:AC FELE i s Request for Information Detailed (without Collaboration). uoupcd by Number (ey Biscayne Civic Center ;8 West McIntyre Street :ey Biscayne. Florida 33149 Project # 99-1-38 James A. Cummings, Inc. Td: 305-361-9227 Fax: 305-361-5647 IF! #: I003 Date Created: 2/26/03 Co Company Attention Author Company Authored By ;pil[is Candela DMJM Roberto Lage James A. Cummings, Inc. 530 Crandon Blvd. Key Biscayne, FL 33149 --- Lantz Holtzhower -- ubject Discipline rading and Drainage - Police Station Civil ost Impact Amount Sched Impact Days Dwg Impact 0 0 :: Company Name Contact Name Copies Notes Village of Key Biscayne Eugenio Santiago 1 iestion Date Required: 3/5/03 ase refer to Sheet C3.1.01 and the attached sheet indicating the area in question. -ing demolition and removal of the foundation at the old Fire and Police Stations, A ng Foundation System was discovered at 6' o.c. location of C.B. No. 4 may be in conflict with the existing piling foundation, along with 47 L.F. of Exfiltration Trench. (see attached) is scenario exists can both C.B. No.3 & C.B. No.4 be relocated (approx. 4'-0" +/-) East Test to accomodate the Exfiltration Trench install. se review and revise drawings if necessary. gestion wer Company Answered By Co -Respondent !lis Candela DMJM Roberto Lage +ver Date Answered: 5/2/03 catch basins can be relocated as necessary to avoid pilings. Rim elevations to remain as per plan. Manager Pnnted on. 575:03 \\elaudia-server\prolog manag`projects\kbam2intra.pmd Page 1 of 1 Curriminer Key Biscayne Rttrestiaa Ceatrr ES West Mcdntyrie Street Biscaync. Florida 33149 RFI 4: 1803 Request for in formation Dcrailc i {without Callaborst oo), gro,ptd by Numl r Project N 99-1-,33 JAMES A, CUMMING ,1NG Tot: 305-361-9227 Fax: 305-361-5647 - - _ To Coo osay Attentive Airther Corapauy S C*Mdala DMTM Roberto Lage i - JAMES A. CU . MINGS, INC. - S$ W McIntyre St . Ke)! Biscayne. F'[. 3314 Subject Dirsipthe Grading and Drainage - Police Station Cirri Cott Impact Amount Stbed hapset 0 Cc: Company Nano Cooled Nome Copies Notes Village afKcy Biscsyuo Eugenio Santiago 1 Q►ueutJea Nit Crated: 126103 A whored Hy Litz lion aver Days Dwg Ivpott 0 Please refer to Sheet 03.1.01 and the attached sheet indicating the area in question. Darkg demolition and removal of the foundation at the old Fire and Police Stations, A Piling Foundation System was discovered at 6' o.c. The location of C.B_ No_ 4 may be in conflict with the existing piling foundation, along with the 47 L.E. of Exfiltratiou Trench. (see attached) Jidda scenario oasts ca; beta C.B. No.3 & C.B. No.4 be relocated (approx. 4'-0" +/.)) Fast or West to accomodate the Exfiltration Trench install. Please review and revise drawings if necessary. Snggestism Mime. Coot ay Aarivecod By Spt Candela DMJM Roberto Lage Deer Req wire 3/Sro3 C4$espoadeut At II tat -� ft -et e3c. v.} .cv,s Prolog Mamsrer Prourd 5- 2 o mairsaepet&Crabwa2infilLpitid RECEIVED MA J 5 2003 Ja c�_ A- Cummings, Inc. Biscayne Civic Center Darr O. 17. v/ �!�%%� 4 1. • /N// • / /i6�Y,f/ /�/►~ /�r y / •/��•L.id�iiiJ N/�S/bAl�Y/1//lD��l�ii�i1//lJ�l/�% �f/. � �/X�'.�lViii � o. arrAnomsrens inns e, 4," w.eva • 311 (1/�i s / 3.40 • 0)71ff /,�Y�.y%/ter '/iyli/�/�',' 7 "AM. •c 'r WAsa X/rlYi6i'.OKOOY/.N/iY//il,W///fie/Y.!///3'//1/!.U////�///,Ne FYI%;% •„ , i / ! j .teap� I III!/IHIII/I!/I/m//I 4i,,P,,i .//// // .6 Z I �, ./ /,/:.., L • "/,/;,,`%, 0.,,(;;f',•;,,, C%', r !./ ! I,i ./ iii!/r !� ;ix/ / % � !/!! i ` ! % `'w, 1{ • � ": ' . /; . �i�/' /,'/, /ir'r� /iii. . �i � !, �/ /, .••/ /;fr. //,l'y/' /�;/,. EL 2.5%+ ',".,/." .j/,!;//j% "%!'+J•�i;%i!; /./%///;//•!�i:�/��,%�/'; r��% / Al � �; 'i' �/ �i /'/ • Lil y� YV L ESLENID D IVE • 777 t .t • J J. (k) 12+00 11 c� -4 cL) x Cn Lai CJ - 2. L C3 rr. , u . („). CN! CVO 6150 37 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 FIRE RESCUE 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 $9,862,250.00 SUBTOTAL CONSTRUCTION COSTS $10,846,865.00 ANTICIPATED OWNER SALES TAX SAVINGS ($159,266.00) SUBTOTAL $10,687,599.00 OWNER'S CONTINGENCY $256,924.00 OWNER'S GMP BUDGET -FIRE RESCUE & ADMINISTRATION/POLICE $10,944,523.00 OWNER'S CONSTRUCTION BUDGET -FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11,057,713.00 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 & 5 (INCLUDING STATE SCHOOL "FF" SANITARY SEWER FORCE MAINZ CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $62,630.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $67,483.00 CONSTRUCTION BUDGET BALANCE $1,459,011.00 OWNER'S CONSTRUCTION BUDGET - VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK $1,589,124.00 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER'S CONSTRUCTION PHASE FEE $564,455.00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $422,814.00 CONSTRUCTION BUDGET BALANCE $8,831,401.00 OWNER'S CONSTRUCTION BUDGET - VILLAGE COMMUNITY CENTER (RECREATION CENTER) $9.818,670.00 OWNER'S TOTAL CONSTRUCTION BUDGET (ALL PHASES).. $23,267,167.00