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Home My Public Portal About2003-41 Amendment #13 to Agreement with James A. CummingsRESOLUTION NO. 2003-41 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE COMMUNITY CENTER COMPONENT OF THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT; AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN; AUTHORIZING AMENDMENT N O. 13 T 0 A GREEMENT 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 construction items for the Community Center component of 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. 13 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. T hat A mendment N o. 13 tot he 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, 2nd day of December , 2003. CHITA H. ALVAREZ, CMC, VILLAG APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE ATTO E F:\ 103001\Resolutions\auths .I'g construction expense items 11.5.03 2 4 -a - MAYOR ROBERT OLDAKOWSKI Village Council Robert Makowski, Mayor Jorge B. Mendia, Vice Mayor Martha Fdez-Leon Broucek Carol Diaz -Castro Mortimer Fried James L. Peters Robert L.Vernon g:K hi:6/71 VILLAGE OF KEY BISCAYNE Office of the Village Manager DT: November 25, 2003 TO: • nor: ble Maw, n,•,j►' fibers of the Village Council ge Manager FR: Amendment 13 to Our Agreement with James A. Cummings RECOMMENDATION It isrecommended that the Council approve the aftached 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 13: This amendment requests an increase in funding $327,744 for the delays encountered during the dewatering process at the Community 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. This amendment provides for full accord, satisfaction, and final settlement of all Work and Time associated with construction schedule impacts for the \tillage Community Center prior to September 8, 2003 at which time construction progress resumed unhampered by dewatering issues. 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 #13 (Work and Time Associated with Construction Schedule Impacts for the Village Community Center.) THIS AMENDMENT made this 30th Day of October 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 and 12; WHEREAS, it is now necessary to revise the Agreement to: include Work and Time Associated with Construction Schedule Impacts for the Village Community Center. 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 and Time Associated with the Construction Schedule Impacts 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: $21,777,206.59 (which includes the $327,744.00 GMP for the Work and Time Associated with Construction Schedule Impacts for the Village Community Center 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 and 12) 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 -15C to the Village of Key Biscayne from James A. Cummings, Inc., dated October 27, 2003, indicating Construction Schedule Impacts and a Revised Final Completion Date of October 9, 2004 for the Community Center (Amendment No. 5) portion of the Village of Key Biscayne Civic Center Project, which are attached hereto as Exhibit "A.1." b. 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 and Time Associated with Construction Schedule Impacts for the Village Community Center in the amount of $327,744.00; and establishment of the GMP for the Project of $21,777,206.59. This Amendment constitutes an accord, satisfaction and final settlement of all Work and Time Associated with Construction Schedule Impacts for the Village Community Center as to any matter, cost or expense arising or occurring prior to issuance of Field Change Order No. 3 on September 8, 2003. (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 cL. J(c&kt Corporate Secretary Witnessed: By: By: /‘.5 4 /14 BAT%CCff/.v (print name) A/,i NC Q)6Z.A/Z (print name Att 1 lage Clerk Williarirk. I�er er, Corporate President James A. Cummings, Inc. VILLAGE OF KEY BISCAYNE Approved as to form and legal sufficiency: 103001\agreements\amendment to agreement between owner and construction manager (Corporate Seal) gigtrt 3 SKYLINE MNIAGEMENT GROUP Oespbilon 6 Amendment 6 • 12 Amendment 10 18 Amendment 11 • 14 Amendment 12 17 Future Amendment 23 Future Amendment 24 Future Amendment 31 Professional Fees 32 Professional Fees S3 Professional Fees 34 Construction Program Manager 35 Construction Program Manager 36 Environmental Consultant 37 Testing / Threshold inspection 38 Fbctures, Furniture, Equipment Scope VILLAGE of KEYBISCAYNE Raids MC CENTER PROJECT (Project Cost Summary %pommnnity Center t Community Center Building Community Center Misc. Modifications Community Center Additional Sheet Piing Community Center Recharge Dewatedng System Community Center Re -design Commutrity Center G.C. Delay Cost Community Center Delay Addnl. Buiders Risk Ins. Community Center Original Design Community Center Redesign Community Center Time Extension Community Center Representation - Community Center Additional Scope /Time Extension Community Center Ground Water Contamination Community Center Community Center Cost $ 9,818,670 i 40,043 i 56,265 i 81,728 $ 395,483 i 327,744 i _ 84,793 i 499,500 i 233,655 .85;61)0 $ 200,000 $ 120,000 i 27009 166,000 i 650,000 'TOTAL COMMUNITY CENTER COST $ 13,033,881 October 21,2003 Status Cortrments Approved Pending Pending Pending Pending Pending Pending Actual Cost Actual Cost Estimated Experts** Actual Cost Estimated Expens, Estimated Expense, Estimated Expense Estimated Expense Added Value Impact Cost impact Cost Added Value raped Cost Impact Cost Impact Cost fn (pact Cost Added Value 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 $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 SUBTOTAL CONSTRUCTION COSTS $11,095,863.00 ANTICIPATED OWNER SALES TAX SAVINGS ($159,266.00) SUBTOTAL $10,936,597.00 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 & 5 (INCLUDING STATE SCHOOL "FF" SANITARY SEWER FORCE MAIN) 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 $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 ($2259,201.41) OWNER'S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $21,777,206.59 lb/.3b/.010.j 1 /:.ib de=Ii'LbLb 5KYL1Nt M(aMI U UUF' Oct 30 03 02:08p Key Biscayne Civic Center 3053615047 PAGE 01 P•2 Cc: E5LATESNer k I CI aatrnRalelgs C -end Confroc October 27, 2003 SKYLINE MANAGEMENT GROUP. NC. 88 West McIntyre Street Key Biscayne, FL 33 149 James A. Cummings, Inc 3575 Northwest 53rd Stree Fort Lauderdale, FL 33309 Phone: 954733-4211 Fax 954.485-9688 Website: www.js meast umrnings.corn TRANSMITTED VIA FAX (305) 573-2620 ATM:Mr. Paul Abbott, Project Director RE: .:KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER . REQUEST FOR CHANGE ORDER: REVISED PROPOSAL R 15C *COMMUNITY CENTER IMPACTS • Dear Mr. Abbott, Due to impacts beyond the control of James A. Cummings, Inc. regarding the construction of the Village!of Key Biscayne Community Center, an additive change order in the amount of 5327,744 and a time extension of 194 Calendar days is required. Please see attached summary form and subcontractor quotations for a recapitulation of this amount. At the request of the Village of Key Biscayne, Builders Risk Insurance ($84,793) is not included in this change order request, The current Builders Risk Insurance Policy for the Corrununiry Center (Amendment No. 5) portion ofthe Village of Key Biscayne Civic Center Project expires in May 2004. The impacts of the Work preceding this change order request are limited to the Community Center, as delineated in James A. Cunnings, Inc. correspondence dated December 3, 2002, -January 28, 2003, May 5; 2003, June 6, 2003 and Village of Key Biscayne correspondence dated February 27.2003. Pursuant to Articles 10 and 16 of the Agreement Between the Owner and the Construction Manager, this VP request for time extension of 194 Calendar Days establishes a revised Final Completion Date of October 90iiimmmii 2004 ft**, Community Center (Amendment No. 5) portion of the Village of Key Biscayne Civic Center Project. 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, J � . ' UMMINGS, INC. S1 ` id 1r ,P a . Abbott VKB/SMO Project Director r Smith. t Manager Rick Derrer, JAC Eric Squilla, JAC Reviewe . & Approved NAGEMENT GROUP, INC. 10• SD •p 3 c,apr` dam "mob wirrowsLisimpus, 4 Ca. P0t,4e1•Iir• —Maw COPM4 r m t rto\ cirri ciliadoec.T". James A. Cummings, Inc. Proposal Summary Form Village of Key Biscayne R -15C Community Center Schedule Impacts (Revised) ummin•s SECTION I DESCRIPTION OF WORK LABOR MATERIAL SUBCONTRACT I 01 JAMES A. CUMMINGS, INC. Construction Phase Extension - (139 Working Days) $207,465 ,. This Extension in Construction Phase Includes a Time Extension of 194 Calendar Days and Establishes a Revised Final Completion Date for the Community Center of October 9, 2003. #, Builders Risk Extension ($84,793 - Not Included at the Request of the Village of Key Biscayne) 02 HJ FOUNDATION Rental of Sheet Piling Additional - (137 Calander Days) ($192.15/Per Day) $26,325' 03 FORMWORKS, INC. General Conditions & Materials Increase ($31,594) $15,797 Direct Costs Venders/Suppliers ($37, 299) $18,650 Griffin Dewatering Equip. Rental - (137 Calendar Days) ($369/Per Day) $50,553 16 FISK ELECTRIC CO. General Conditions ($17,907) $8,954 i i _ i I J SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4.5%) SUBTOTAL PROFIT (Included in "Overhead" above) SUBTOTAL BOND TOTAL $0 $0 $327,744 $0.00 $0 $0 $0 $327,744 '1327,744 N/A $327,744 N/A $327,744 N/A $327,744 10/30/2003 JAMES A. CUMMINGS, INC 1 LE: LI V CID POtdJNDA1ION Octobi :r 15, 2003 James k. Cummings, Inc. 3575 I W 531' Street Ft. Lai: derdale, FL 33309 Attenti m: Mr. Alexander Smith, Jr. Subject : Key Biscayne Tennis Center Steel Sheet Piling Rental Gentler ten: Key L,_ 4 :' M r}F zr.� yy ,:11[1:''_ , IF'r. The ste ;1 sheet piling for the above -referenced project was rented for 137 calendar da s 4 % mo aths beyond the contract rental period. We request a change order at the y subconl Tact unit rate of $5,850 per month, a total of $26,325 for this additional rental. Thank 3 •ou for your attention to this matter. Very to ly yours, HJ FOL NDATION —/ Edwin I v . Hickey Presider t EWH/r& p'\Eaimates&pn posth\ERV\lKay Biscayne Rec. Center\ 1 0 15031tr.doc • Form Works, Inc. Key Biscayne Community Center Summary of Damages for Contaminated Soils Delay REV 1 General Conditions & Material Increases - 94 Days 4/24;03 - 9/8/03 12 Days $420.00 $5,040.00 Superintendent 4 Days $480.00 $1,920.00 SUBTOTAL Taxes & Insurance - Field - GC Labor $1,920 T&I 41.68% $6,960.00 $800.26 ert _ r • Storage trailer Safety Equipment & Expendables Treieka / Vc1v lcs t2) i $116.09 _ _4522.33 4.5 0.5 0.6 16 MO $183.18 $824.31 MO $250.00 $125.00 MO 1 $650.00 Days $26.00 $ Rental Rate Difference of Wall Panels 2 MO $1,070.92 $2,141.84 from FWI owned to Outside Rental (See attached Breakdown) Decking Materials Increase Including Plywood and Lumber (See attached Breakdown) 1 LS $16,100.00 $16,100.00 SUBTOTAL FVVI 15% Overhead & Profit �44-�ra �Z7i�`1 44,232.22 $227,13 Total General Conditions & Material Increases- 4/24/03 - 9/8;0 e»i' "'WA A J./L.V/'T• I t) Page 1 of 2 4- k �7 ,► 1 , t..7C` Direct Cost - Delays 94 Days/137 Calendar Days 4/24/03 - 9/8/03 KA Lumber Reinforcing Price Increase Original $ 77,000 versus $ 98,216 (See Attached Quotes tax excluded) Suncoast Post Tension Cable Original $ 25,100 versus $ 32,900 Bar Supports Original $ 5,900 versus $ 6,600 (See Attached Quotes tax included) Griffin Devwatering Standby $21,216.00 $7,800.00' $700.00 137 DAYS $369.00 $50,553.00 (137 days are calendar days for 94 working days) Subtotal $80, 269.00 FWl 15% Overhead 8 Profit $7,582.95 Total Direct Costs - 4/24/03 - 9/8/03 TOTAL REA eitivar‘6 4 Zel 1 z a .5 3 ; ., Page 2of2 $87,851.95 e 0111 r -r• nn A4,1 f LV,0JLV.V.7 FRC{1 :GRIFFIN :E-IctrEFN1 SUP Pc,., i'.4L1. :' qr _? 7 O t . CDT 7 %3e _ 0, `-'Fr- r, 0 a FORMWORKS 4951 S.W. 34r1:i PLACE FT. LAUDERDALE, FLORIDA 33314 ATTENTION: STEVE B1NFORD SUB7ECT: EQUIPMENT STANDBY RENTAL RATE, KEY BISCAYNE RECREATIONAL CENTER Dear Steve, IGRIFFIN Gnf?r Dewarer'nq Saj1.; F!crda L.L,C 1321 .VW, 13th Avg Pcmpana Bea:^, Ficdca 33CtiS Phc'e(954)968.885J Fax (144 9e9-91'3 10-7-03 The monthly rental rate established in our initial agreement for usage of the dewatering system after the first 60 days of on line usage is $500. + tax. The standby rate for dewatering system during its downtime at the Key Biscayne Project is $369.50 + tax (or 74% of its cost during usage periods). Dates for this charge are 4-28-03 through 9-9-03 and the dewatering system was re- activated for its normal usage on 9-10-03. Please call us should you have questions. Very Truly Yours, 4 v, David Handy 10125 N W. 116th \Vaj. Suite 14 Miami_ FL 33178 305-870-0988 Office 305-870-0154 Fax JAMES A CUMMINGS, INC. 3575 NW 53rd ST FT.LAUDERDALE, FL.33309 ATTEN: ALEX SMITH PROJECT: KEY BISCAYNE REC.CENTER SUBJECT: COSTS FOR JOB DELAY DEAR SIR Date. 9-08-03 Per your request we hereby submit to you the following request for equitable adjustment to our contract for the time extension incurred on this contract. As you know, the job has been delayed five and a half months in startup, due to this Fisk Electric Co. has incurred significant additional expenses. Which it would not have incurred these extra costs if the Project had not been delayed. Therefore, Fisk Electric believes it is entitled to an equitable adjustment to its contract. The amount that Fisk Electric requests for equitable adjustment is (Eighteen Thousand Three Hundred and Ten Dollars) Based on the 5.5 months overrun of the original completion date. It comprises of the following. General conditions as per contract of — 39,950.00. Original job time frame of 12 months equals = 3,329.17 per month. Job over run of 5.5 months --- 9 -in extra expenses. Yours Tc 1y / AA/ J f��///, Stewart Matheson Project Manager cc: Jack Ma\\bell Pat Clyne cAst-4 C:\Docunients and Settin,s\Steware Dcsktop\KEY BISCAYNE\delay charge.doc 1. EXTENDED DIRECT JO! EXPENSE Five & haig5.5) months Extension to the completion daze of this project, as compared to the original project schedule, means that Fisk Electric has to continue to incur Direct Project Job Expense on the Project These extended direct job expenses were never included in Fisk Electric's estimate and bid for this Project Fisk Electric is entitled to compensation for the a itire amount of its extended Direct Job Expense; and those expenses arc calculated as follows: Category Field Telephone /Fax /DSL Nextel Foreman per With Project Manager per mth Storage' Trailer (1) Moe Trailer (1) Average per Month s s s s $ s 165.00 44.50 970.00 630.00 75.00 45.00 Cis, Tens, Inatome Direct Job Site Expense Rental Value of Fisk Electric Tools Total Average Monthly Direct Yob Expense Time Eamon (Months) Extended Direct Job Expense 15% Overhead & Profit Total S 10.00 S 87.00 f--ze9o-sa' 1.....?... 9 5I4 11,497.75 i [ 1111•11••w••••••1111ww•••• 1 2. EXTENDED PROJECT SUPLRV1S1 Due to the delays on the p+oject, Fisk Electric is forced to keep our Project Supervision (Labor Superimendent & Senior Project Manager) employed oa the Prajec t throughout the mended period of time without additional compensation. This expense, while necessitated by the extended performance required on the project, was not considered nor included in our contract price. Therefore, we feel we should be reimbursed for such cost. Robert A. Brown ( 8 hrs/month) S 44.18/hr X 5.5 Months S 1,943.92 Eddy Perrault (8 hrs/month) S56.40/hr X 5.5 Months S 2,481.60. Sub Total S 4,425.52 15% Overhead & Profit S 663.83 TOTAL S 5,089.35 EXTENDED DIRECT JOB SSE 313,222.31 4 t2.7attargr „,...._........._, ........31...... . TOTAL CLAIM 4- Oi - t i c___ 'Jr -2 James A. Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 Cumminas General Contractors \/--'---/ December 3.2002 Village of Key Biscayne Department of Building, Zoning and Planning 88 West McIntyre Street Key Biscayne, FL 33149 ATTN: Mr. Jud Kurlancheek, Director RE: KEY BISCAYNE CIVIC CENTER REVISED DEMOLITION SCHEDULE Dear Mr. Kurlancheek, Phone: 954-733-4211 Fax: 954-485-9688 Website: www.;arnesacummmgs.com TRANSMITTED VIA HAND DELIVERY James A. Cummings, Inc. is providing a "revised" schedule of activities up to completion of the demolition of the existing village offices. This schedule is revised from that indicated in Amend. #5 GMP schedule due to the following; (1) The desire of the Village of Key Biscayne to not start demolition until after December 20, 2002, (2) FPL's inability to reroute services at the McIntyre Duct bank until January 20, 2002. It is our understanding that the Village of Key Biscayne is coordinating directly with FPL for the rerouting and de -energizing requirements. Concerns over the easement/dedication issues between the Village of Key Biscayne and FPL for the Duct bank crossing of McIntyre must be addressed by The Village of Key Biscayne. It is critical that these issues are coordinated with FPL as soon as possible, so that a "firm" date can be determined for FPL commencing their installation. 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, JAMESjt.OJMMINGS, INC. Alex ah r Smith Proje Manager Cc: Jere Lahey, DEPARTMENT OF MANAGEMENT SERVICES via fax (904-359-6281) Rob Maphis, JAC Rand Eachus, JAC Armando Nunez, V KB P W D FILE James A. Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 I ummincis General Contractors January 28. 2003 Village of Key Biscayne Department of Building, Zoning and Planning 88 West McIntyre Street Key Biscayne, FL 33149 Phone: 954-7334211 Fax: 954-485-9688 Websrte: tAPIVW lamesacummrngs.com TRANSMITTED VIA HAND DELIVERY ATTN: Mr. Armando Nunez, Public Works Director RE: KEY BISCAYNE CIVIC CENTER SCHEDULE IMPACTS DUE TO FPL WORK Dear Mr. Nunez, As you are aware, the start of construction for the new Community Center is currently on hold due to work that is to be performed by FPL for the Owner. This Work consists of installing a new pole, and power feeders and de -energizing the existing overhead lines, all of which is required for the safe and proper demolition of existing structures. FPL (Al Solis) has advised that there are several issues preventing them from proceeding with this Work: 1. The Village of Key Biscayne has not provided FPL documents required for proper planning and pricing of the Work. 2. The Village of Key Biscayne has not paid FPL for other work that has already been finished. The progress schedule has been significantly impacted by the inability to start demolition of the existing buildings. In fact, the Community Center work has been impacted by at least eighteen (18) workdays. Work for the new Administrative and Police parking area south of the new building has also been affected by FPL work. We once again request the Village work with FPL to resolve all outstanding issues to enable their work to proceed. If there is any support that James A. Cummings, Inc. can provide to resolve any issues, please notify our on -site personnel immediately. Please note that James A. Cummings, Inc. is striving to mitigate further schedule impacts or resulting increases in construction costs. However, we must reserve the right to request compensation for costs and a time extension, which may result from continued postponement of this work. 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 accordingly. 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 MMINGS, INC. Ale er Smith Jr. Project Manager Cc: Jud Kurlancheek, VKBBZD Jacqueline Menendez, VKBVM Rick Derrer, JAC Rob Maphis, JAC Rand Eachus, JAC Lantz Holtzhower, JAC FILE James A. Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 Cu General Contracto s \./-'/--# May 5, 2003 Village of Key Biscayne Department of Building, Zoning and Planning 88 West McIntyre Street Key Biscayne, FL 33149 ATTN:Mr. Paul Abbott, Project Director RE: KEY BISCAYNE CIVIC CENTER COMMUNITY CENTER SCHEDULE & FINANCIAL IMPACTS Phone. 954-733-4211 Fax: 954-485-9688 Website. w wfaresacummings.com TRANSMITTED VIA HAND DELIVERY Dear Mr. Abbott, James A. Cummings, Inc. is in receipt of a letter addressed to the Department of Environmental Resources (DERM) authored by Village of Key Biscayne community members filing a written request for a Public Hearing before the board of Miami -Dade Board of County Commissioners. The date of the filing with DERM is April 24, 2003. This written request for a public hearing will impact the substantial completion date of construction for the community center. The impacts imposed on the construction schedule and the financial responsibilities ofJames A. Cummings, Inc. and its' subcontractors cannot be realized until the dewatering/community issues are resolved. James A. Cummings, Inc. has moved forward with Work as directed by the Village of Key Biscayne in order to reduce the schedule impact provided by Village Council Resolution 2002-9, and the those impacts realized by Florida Power & Light not completing their work as scheduled. Additionally, there has been an inquiry by a community member into the application for permit for installation of the three (3) Class V Wells. The permit has yet to be issued by the Department of Environment Protection (DEP). As per conversation with Mr. Pyara Wilkhu, DEP representative, once the permit is issued, a fourteen (14) day appeal period commences for the individual(s) filing the inquiry. The impacts (if any) imposed on the construction schedule and the financial responsibilities ofJames A. Cummings, Inc. and its' subcontractors cannot be realized until the issues concerning the Class V Wells are resolved. 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 accordingly. 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 UMMINGS, INC. Ale er Smith Jr. Pro ect Manager Cc: Jacqueline Menendez, VKB Rick Derrer, JAC Rob Maphis, JAC Armando Nunez, VKB FILE James A. Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 I urnminc General Contractors June 6, 2003 SKYLINE MANAGEMENT GROUP. INC. 88 West McIntyre Street Key Biscayne, FL 33149 Phone: 954-733-4211 Fax: 954-485-9688 Webste: www.Jamesacummings.com TRANSMITTED VIA FAX (305) 573-2620 & USPS ATTN: Mr. Paul Abbott, Project Director RE: KEY BISCAYNE CIVIC CENTER CHANGE IN THE PROJECT: FIELD CHANGE ORDER NO. 002 Dear Mr. Abbott: We are in receipt of your June 4, 2003 Field Change Order No. 002 directing the stoppage of dewatering system work pending additional tests and recommendations from the Owner's testing/engineering agent, Langan Engineering. Pursuant to the June 6, 2003 meeting between Langan Engineering, Skyline Management Group, the Village of Key Biscayne and James A. Cummings, Inc., it is our understanding that test results and subsequent authorization to resume work will not be provided until July 1, 2003. This directive forces us to halt further progress of the Community Center dewatering and foundation work. Changes directed by this written order will have a significant impact on the schedule for construction, thereby increasing the cost and time for this Project. The extent of time required is not presently discernable. Once the impact is determined, James A. Cummings, Inc. will submit a request for time extension and additional compensation according to the provisions of our Agreement. If there are any questions or concerns regarding this matter, please do not hesitate in contacting this office at (305) 361-9227. Sincerely, JAMES Ale er Smith, J Pr • , t Manager NGS, INC. Cc: Jacqueline Menedez, VILLAGE OF KEY BISCAYNE via fax (305-365-8936) Jud Kurlancheek, VILLAGE OF KEY BISCAYNE via fax (305-365-5556) Armando Nunez, VILLAGE OF KEY BISCAYNE via fax (305-365-5556) David Wolpin, WEISS SEROTA HELFMAN et al, P.A. via fax (305-854-2323) Jose Aguila, ROBERT G. CURRIE PARTNERSHIP via fax (561-243-8184) Roger Archibald, LANGAN ENGINEERING via fax (305-362-5212) Rick Derrer, JAC Rob Maphis. JAC FILE VILLAGE OF KEY BISCAYNE Village Co,incil Robert Oidakowski, Mayor Jorge E. Mendia, Vice Mayor Martha Fdez-Leon Broucek Carol Diaz -Castro Mortimer Fried James L. Peters Robert L. Vernon Director Jud Kurlancheek, AICP Department of Building, Zoning and Planning DT: February 27, 2003 TO: James A. Cum s, Inc. FR: Jud Kurlanche , AICP, Director Building, Zoning, and Planning Department RE: Old Village Hall Demolition As set forth in Village Council Resolution No. 2002-9, the demolition of the Old Village Hall Building and the parking spaces cannot proceed until the Council addresses the parking shortfall that was caused when the 31 on street spaces were removed from Femwood Rd. and McIntyre Street. The Council will consider this item on March 18, 2003. This timing is consistent with the removal of the power lines and published progress reports in The Islander News. All other construction should continue to proceed. It is suggested that the demoltion of the building be set for March 19, 2003. Resolution 2002-9 was the result of meetings with citizens who were concemed about the impact of parking spaces on Femwood Rd. and the lack of green space on McIntyre Street. This Resolution provided funding for the infrastructure. The lack of citizen opposition for the funding of the infrastructure was based on the aforementioned provision dealing with parking. Cc: Jacqueline R. Menendez, Village Manager Eugenio Santiago, P.E. Chief Building Official Armando Nunez, Public Works Director 88 West Mtclntyre Street • Key Biscayne, Florida 33149 • (305) 365-5512 • Fax (305) 365-5556 . .. . .,... .., r -r 1.,,r r, a unto F i'f