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HomeMy Public PortalAboutAmendment No 01AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER STATE PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER THIS AMENDMENT made this 28th day of May in the year Two Thousand One by and between Building Construction Department of Management Services State of Florida the Agent for the Owner and VKB 98069000 Village Community Center Village Fire Station Police Station and Administrative Office of the Village Village of Kev Biscax ne Florida #1 James A Cummings Inc A Florida Corpoi ation 3575 Northwest 53rd Street Fort Lauderdale Florida 33309 Phone (954) 733 4211 Fax (94) 485 9688 hereinafter called the Construction Manager Federal Tax I D Number 59 2098732 WITNESSETH that whereas the Agent and the Construction Manager entered into Agreement in the month of November 1999 for certain contractor services on Project VKB 98069000 Village Community Center Village Fire Station Police Station and Administrative Office of the Village Village of Key Biscayne Florida that whereas the Construction Manager has now established and submitted in writing to the Agent for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price for construction of the Fire Rescue & Administration /Police Facilities as required by Article 7 1 of said Agreement that whereas the Agent now wishes to acknowledge and accept the Guaranteed Maximum Price for construction of said project that whereas the purpose of this Amendment is to accomplish this task NOW THEREFORE in recognition of the good and valuable considerations exchanged between the parties the Agent and the Construction Manager hereby covenant and agree to amend the Agreement to identify the Guaranteed Maximum Price for Construction of said project to identify the drawings specifications and other documents upon which the Guaranteed Maximum Price is based and to change the necessary parts of the Agreement to reflect the Agent s new Construction Budget (the GMP) as follows Those Articles and Exhibits not specifically addressed by this Amendment shall remain in full force (I) Guaranteed Maximum Price The Guaranteed Maximum Price (GMP) for construction of Project VKB 98069000 Village Community Center Village Fire Station Police Station and Administrative Office of the Village Village of Kev Biscayne Florida as defined in Article 7 1 of said Agreement shall be Ten Million Seven Hundred Fifteen Thousand Three Hundred Eighty Dollars (510 715 380 00) 1 (2) Dra\\ 'rigs Specifications And Other Supporting Documents The Guai anteed Maximum Price (G'v1P) for construction of Project VKB 98069000 Village Community Center Village Fire Station Police Station and Administrative Office of the Village Village of Kev Biscayne Florida is based upon the follmring dras4inas specifications and other supporting documents a Dray, ings entitled V illage of Kev Biscayne Administration and Police Building Permit/GMP Set January 26 prepared by Spillis Candela DMJM consisting of sheets as listed in the Construction Managers Guaranteed Maximum Price Proposal Book dated May 4 2001 b Drawings entitled Fire Station &. Civic Center Village of Key Biscayne Florida prepared by OBM Miami Inc consisting of sheets as listed in the Construction Managers Guaranteed Maximum Price Proposal Book dated May 4 2001 c Specifications entitled Project Manual for Village of Key Biscayne Administration and Police Building Kev Biscayne Florida Permit/GMP Set 26 January 2001 prepared by Spillis Candela DMJM consisting of Sections as listed in the Construction Managers Guaranteed Maximum Price Proposal Book dated May 4 2001 d Specifications entitled Specification Book for Fire Rescue Station Village of Key Biscayne Florida prepared by OBM Miami Inc dated February 2001 consisting of Sections as listed in the Construction Managers Guaranteed Maximum Price Proposal Book dated May 4 2001 e Construction Manager s Guaranteed Maximum Price Proposal Book entitled Village of Key Biscayne Fire Station & Administration and Police Building 100% Construction Documents Guaranteed Maximum Price Proposal May 4 2001 f Geotechnical Report for proposed 2 Level City Administration Building prepared by Kaderabek & Barreiro Consultants Inc dated November 6 2000 consisting of nine pages and all attachments referenced therein g -Geotechnical Report for proposed 2 Level Fire Station Buildings prepared by Kaderabek & Barreiro Consultants Inc dated November 7 2000 consisting of nine pages and all attachments referenced therein h Response for Request for Information #1 for the Administrationand Police Building dated February 15 2001 1 -Response for Request for Information #1 for the Fire Station dated March 15 2001 Response for Request for Information #2 for the Fire Station dated March 15 2001 k Response for Request for Information #3 for the Fire Station dated March 15 2001 1 Response for Request for Information #4 for the Fire Station dated March 16 2001 m Response for Request for Information #5 for the Fire Station dated March 16 2001 n Response for Request for Information #7 for the Fire Station dated March 20 2001 o Response for Request for Information #8 for the Fire Station dated March 20 2001 p Response for Request for Information #9 for the Fire Station dated April 2) 2001 q Response for Request for Information #10 for the Fire Station dated April 2) 2001 (3) Changes in Agreement Various changes are required to the Agreement s Exhibits and Articles to reflect the adjustments required in the Agent s Construction Budget It is agreed that the following Articles and Exhibits of the Agreement shall be changed to read as follows 1 4 Agent s GMP BUDGET Agent s funds budgeted and requested for construction of the Fire Rescue & Administration /Police Facilities excluding Design Phase Fees The Agent s Construction Budget is 810 71 D 380 00 identified in Exhibit B including all Construction Manager fees costs of the work and the Agent s and Construction Manager s construction and interface contingencies as defined 1n Articles 8 and 9 2 8 1 2 Construction Phase Fee Prior to commencement of the Construction Phase the Owner will direct the Construction Manager in writing. to proceed into the Construction Phase The Construction''lanager s compensation for work or sery ices perfoiiiied during the Construction Phase shall be a fee of S23 892 00 (However the Owner retains the right to review the need and effectiveness of any employ ee or emplo\ ees assigned by the Construction Manager should the Project Director quest on the need for the employee or employees) The Constriction Phase Fee shall be invoiced and paid in 11 monthly payments of S43 67 00 each and 1 final monthly payment of S43 66 00 The first monthly pa\ ment shall become due thirty days following the issuance of the first Construction Authorization by the Project Director and the final monthly payment shall be paid only when construction of the project is finally completed and occupancy of the project accepted by the Owner If construction is authorized only for a part of the project the fee paid shall be proportionateto the amount of work authorized by the Owner (1) Adjustments in Fee For changes in the project as provided in Article 10 the construction phase fee shall be adjusted as follows (a) The Construction Manager shall be paid an additional fee subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused from negligent acts by the Construction Manager (b) Should the duration of the construction stipulated herein for Final Completion extend beyond 12 months after the Notice To Proceed receipt of final drawings and specifications or receipt of all necessary permits whichever is later due to no fault of the Construction Manager the Construction Managet s Additional Construction Phase Fee will be $2 080 00 per working day for each day or portion thereof The Construction Manager s staff during such time extensions shall be that shown in Exhibit H (c) The Construction Manager will not be due any additional Overhead and Profit on increases in the Guaranteed Maximum Price (GMP) that do not exceed $320 000 00 Should the GMP be increased by more than $320 000 00 under the terms of Article 10 hereinafter due to no fault of the Construction Mmager the Construction Managers additional Overhead and Profit for the Construction Phase will be 4 5% of that portion of the accumulative increases in the GMP that exceed the GMP by more than $320 000 00 Construction Managers Exclusive Remedy In the event the construction Substantial or Final Completion date is extended regardless of whether delay is caused by any act or neglect of the Owner or the Architect Engineer or is attributable to the Owner or the Architect Engineer the Construction Managers sole and exclusive remedy is an extension of the construction completion date and payment of additional Construction Phase fees and Overhead and Profit for Construction Phase as provided above (2) Costs and Expenses Included in Fee - The following are included in the Construction Managers fee for services during the Construction Phase (a) Salaries or other compensation of the Construction Manager s employees at his principal office and branch offices The Construction Manager s personnel to be assigned during the construction phase their duties and responsibilities to this project and the duration of their assignments are shown on Exhibits I and J (b) General operating expenses related to this project of the Construction Managers principal and branch offices (c) The costs of all data processing staff (d) Salaries or other compensation of the Construction Manager s employ ees at the job site The Construction Managers personnel to be assigned to the site during the Construction Phase under the job site management and supervision fee their duties and responsibilities and the duration of their assignment are shown on Exhibit J (e) General operating expenses incurred in the management and supervision of the project except as expressly included in Article 9 3 (f) Those services set torth in Article 2 4(9)(a) (g) Job office supplies includes paper pencils paper clips file folders staples etc and janitorial supplies (photocopy or blue print paper not included) (h) Direct tax saving purchase program 8 1 3 Overhead And Profit For Construction Phase For overhead profit and general expenses of any kind except as may be expressly included in Article 9 tor services provided during and related to the construction phase the fee shall be $457 223 00 and shall be paid proportionally to the ratio of the cost of the work in place excluding stored materials and less retainage (see Article 12 1) as it bears on the latest estimate of the total construction Lost or to the GMP or to the Agent s Construction Budget w hichever is less The balance of the fee shall be paid when construction of the project is finally completed and occupancy of the project accepted by the Agent If construction is authorized only for a part of the project the fee paid shall be proportionate to the amount of work authorized by the Agent The construction Manager s exclusive remedy tor any adjustments in the Overhead and Profit for construction phase fee is provided in Article 8 1 2(1) 4 Attest By Ct L-��� c� lr C LLU9 Corporate Secretary Pamela Kalis As Witnessed By Lisa Abbaticchio IN \\ ITNESS 'WHEREOF the parties hereto have executed this Amendment the day and year first written above JAMES A CUNINLINGS, ITN APPROVED 1).e.A./1 William R Derrer Corporate President James A Cummings Inc (Corporate Seal) DEPARTMENT OF MANAGEMENT SERVICES As Witnessed APPROVED By Garrett Blanton Chief of Staff Approved As To Form And Legality (Subject to full and proper execution by the parties ) By Office of General Counsel Depar lucent of Management Services 5 VILLAGE OF KEY BISCAY NE ATTEST By APPROVED By Uyrri C amuel Kissinger Vill. e Manager Approved As To Form And Legality 4f-1\ 1.\--4\--/\ Village Attorney 6 EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES Owner Ralph Martinez Tom Berley H R Hough Chris Keena Cynthia Henderson Client C Samuel Kissinger Architect Engineer — Spills Candella Paul Reinarman R Sixto L Klein L Valle J Bauza J Clark R Lage Project Director Manager Central Flonda Project Del/elopment Section Contracts Administrator Director Secretary Department of Management Services Village of Key Biscayne Florida Pioject Principal Project Manager Senior Design Architect Mechanical Engineering Inspector Electrical Engineering Inspector Structural Engineering Inspector Civil Engineer Architect -Engineer — Robert G Currie and Associates Robert G Currie Architect Engineer — OBM Miami, Inc Raul Lastra Construction Manager James A Cummings William R Derrer Rob Maphis Michael F Lanciault Scott W Pate Alan Rosenblum Frank Sedmak Bill Papps TBD* Bill Hilton TBD* Project Principal Project Principal President Executive Vice President of Operations Vice President of Operations Senior Vice President Estimating Vice President of Estimating Senior Estimator Project Manager General Superintendent General Superintendent Project Engineer Project Secretary 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 $a23 892 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $4Y7 223 00 CONSTRUCTION BUDGET BALANCE $9 636 607 00 SUBTOTAL CONSTRUCTION COSTS $10 617 722 00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $10 458 456 00 OWNER S CONTINGENCY $256 924 00 OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $10 715 380 00 OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $10 828 570 00 8 EXHIBIT C CONSTRUCTION MANAGERS S PERSONNEL OFF SITE SUPPORT STAFF Inds, idual William R Derrer Rob Maphis Michael F LanLiault Scott W Pate Alan Rosenblum Individual Frank Sedmak Bill Pappas TBD* Bill Hilton TBD* *To Be Determined at a Later Date Title Executive Vice President of Operations Vice President of Operations Senior Vice President of Estimating Vice President of Estimator Senior Estimator ON SITE SUPPORT STAFF Title Project Manager General Superintendent General Supenntendent Project Engineer Project Secretary EXHIBIT G CONSTRUCTION MANAGER S PERSONNEL TO BE ASSIGNED DURING PRECONSTRUCTION PHASE Indi\ idual James A Cummings William R Derrer Rob Maphis Michael F Lanciault Scott W Pate Alan Rosenblum Mark Cantrell Frank Sedmak Bill Hilton Bill Pappas Kim Soto Pam Kalis Chrissy Pollack Maggie Ascanio Title President Executive Vice President of Operations Vice President of Operations Senior Vice President of Estimating Chief Estimator Senior Estimator Estimator Project Manager Project Engineer General Superintendent Secretary Estimating Chief Financial Officer Accountant Payroll 10 Percentage Duration of Time In Months Av ailable 4 3% 4 3% 4 15% 4 5% 4 5% 4 5% 4 5% 4 20% 4 20% 4 20% 4 20% 4 10% 4 10% 4 10% EXHIBIT H CONSTRUCTION MANAGER S PER DIEM STAFF FOR TIME EXTENSIONS PER 8 1 2(1)(b) Percentage of Time Individual Title Available Frank Sedmak Project Manager 100% Bill Papps General Superintendent 100% TBD* General Superintendent 100% Bill Hilton Project Engineer 100% TBD* Project Secretary 100% *To Be Determined at a Later Date 11 EXHIBIT I CONSTRUCTION MANAGER S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION OFF SITE Individual Rob Maphis Michael F Lanciault Scott W Pate Alan Rosenblum Pam Kalis Chrissy Pollack Maggie Ascanio Kim Soto Title Vice President of Operations Senior Vice President of Estimating Vice President of Estimating Senior Estimator Chief Financial Officer Accounting Payroll Secretary Estimating 12 Duration In Months 12 12 12 12 12 12 12 12 Percentage of Time Available 1 % 5% 5% 16% 16% 16% 16% 16% EXHIBIT J CONSTRUCTION MANAGER S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION ON SITE Percentage Duration of Time Individual Title In Months Available Frank Sedmak Project Manager 12 100% Bill Pappas General Superintendent 12 100% TBD* General Superintendent 10 100% Bill Hilton Project Engineer 12 100% TBD* Project Secretary 12 100% *To Be Determined at a Later Date 13 /ip 41%-.'t-'''4 ")1-1-44 1 1L-"'e/4°-e/LI'''-c-/ RESOLUTION NO 2001-36 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE GUARANTEED MAXIMUM PRICE (GMP) AND AUTHORIZING THE CONSTRUCTION OF THE FIRE STATION AND ADMINISTRATION/POLICE BUILDINGS, PROVIDING THAT THE SPENDING AUTHORITY AS SET FORTH IN THE VILLAGE'S AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES IS AMENDED TO CORRESPOND WITH THE GUARANTEED MAXIMUM PRICE OF THE FIRE STATION AND THE ADMINISTRATION/POLICE BUILDING, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Agreement between the Village and James A Cummings Inc provides for the establishment of a Guaranteed Maximum Pnce (GMP) for the Civic Center buildings, and WHEREAS, James A Cummings Inc has submitted the GMP for the Fire Station and Administration/Police Building NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That Guaranteed Maximum Pnce (GMP), as set forth in the attached May 4, 2001 report from James A Cummings, Inc of $ 4,068,366 for the Fire Station is approved Section 2 That the attached Guaranteed Maximum Price (GMP), as set forth in the attached May 4, 2001 report from James A Cummings, Inc of $ 6,647,014 for the Administration/Police Building is approved Section 3 That the Guaranteed Maximum Price (GMP) for the Fire Station is based on plans prepared by OBM Architects Inc and dated February 10, 2001 Section 4 That the Guaranteed Maximum Pnce (GMP) for the Administration/Police Building is based on plans prepared by Spills Candela DMJM and dated January 26, 2001 Section 5 That the Village Manager is hereby directed to proceed with the construction of the Fire Station and Administration/Police Buildings Section 6 That the spending authonty as set forth in the Village's Agreement with the State of Florida Department of Management Services is hereby amended to correspond with the Guaranteed Maximum Pnce (GMP) for the Fire Station and the Guaranteed Maximum Pnce (GMP) for the Administration/Police Building Section 7 That the Village Manager and the Village Attorney are authonzed to take any and all action necessary to implement this Resolution Section 8 That this resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 8th day of May , 2001 MAYOR JOE I R * SCO CONCHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI RICHARD JAY WEISS, VILLAGE ATTORNEY uy -1, CC Orr(_ III FLORIDA - DEPARTMENT OF MANAGEMENT SERVICES JEB BUSH Govemor CYNTHIA A FHENDERSON Secretary lvlyflonda com /1/117 Building Construction 4050 Esplanade Way Suits 115 Tallahassee Ronda 32399-0950 Telephone 850-488-1817 Fax 850-487-9947 Jnfnrrso# www MyFlonda com/dms www MyRonda corn August 3, 2001 James A Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale, Florida 33309 tut Ad ‹.S i Mfg LAHc/4vc7 RE Amendment #1 to VKB-98069000 Village Community Center Village Fire Station, Police Station, and Administrative Office of the Village Village of Key Biscayne, Florida Gentlemen/Ladies /4/ ":41r 7.5 Enclosed is a copy of the Amendment to the Agreement Between Owner and Contractor for the above referenced document Please retain this copy for your files If I can be of assistance, please call (850) 487-9926 Sincerely, $,'�I"lt- R Hough Administrator Contracts Section houghr©dms state fl us -r r vL AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER STATE PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER. THIS AMENDMENT made this 28th day of May in the year Two Thousand One VKB-98069000 Village Community Center Village Fire Station, Police Station, and Administrative Office of the Village Village of Key Biscayne, Flonda uI by and between Building Construction, Department of Management Services, State of Florida, the Agent for the Owner, and James A Cummings, Inc A Flonda Corporation 3575 Northwest 53rd Street Fort Lauderdale, Flonda 33309 Phone (954) 733-4211 Fax (954) 485-9688, hereinafter called the Construction Manager Federal Tax T D Number 59-2098732, WITNESSETH, that whereas the Agent and the Construction Manager entered into Agreement in the month of November, 1999 for certain contractor services on Project VKB-98069000, Village Community Center, Village Fire Station, Police Station, and Administrative Office of the Village, Village of Key Biscayne, Fonda, that whereas the Construction Manager has now established and submitted in writing to the Agent for his approval a GuaranteedMaxamum Pnce (GMP) guaranteeing the maximum pnce for construction of the Fire Rescue & Administration /Police Facilities as required by Article 7 1 of said Agreement, that whereas the Agent now wishes to acknowledge and accept the Guaranteed Maximum Pnce for construction of said project that whereas the purpose of this Amendment is to accomplish this task NOW THEREFORE, in recognition of the good and valuable considerations exchanged between the parties, the Agent and the Construction Manager hereby covenant and agree to amend the Agreement to identify the Guaranteed Maximum Price for Construction of said project to identify the drawings, specifications and other documents upon which the Guaranteed Maximum Price is based and to change the necessary parts of the Agreement to reflect the Agent's new Construction Budget (the GMP) as follows Those Articles and Exhibits not specifically addressed by this Amendment shall remain in full force (1) Guaranteed Maximum Pnce - The Guaranteed Maximum Price (GMP) for construction of Project VKB- 98069000, Village Community Center, Village Fire Station Police Station, and Admuustrattve Office of the Village, Village of Key Biscayne Florida, as defined in Article 7 1 of said Agreement shall be Ten Million Seven Hundred Fifteen Thousand Three Hundred Eighty Dollars (SI0,715,380 00) • 1 _ J - (2) Drawings, Specifications And Other Supporting Documents - The Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000 Village Community Center, Village Fire Station, Police Station, and Admmistrative Office of the Village Village of Key Biscayne, Flonda, is based upon the following drawings, specifications and other supporting documents a_ -Drawings entitled, "Village of Key Biscayne Administration and Police Building Permit/GMP Set January 26", prepared by Spillis Candela DMJM, consisting of sheets as listed in the Construction Managers Guaranteed Maximum Price Proposal Book dated May 4, 2001 b -Drawmgs entitled, "Fire Station & Civic Center Village of Key Biscayne, Florida", prepared by OBM Miami, Inc , consisting of sheets as listed in the Construction Managers Guaranteed Maximum Price Proposal Book dated May 4, 2001 c -Specifications entitled, "Project Manual for Village of Key Biscayne Admuustration and Police Building Key Biscayne, Flonda Permit/GMP Set 26 January 2001' , prepared by Spills Candela DM7M, consisting of Sections as listed in the Construction Managers Guaranteed Maximum Pnce Proposal Book dated May 4, 2001 d. -Specifications entitled, "Specification Book for Fire Rescue Station Village of Key Biscayne, Florida", prepared by 0BM Miami, Inc , dated Febntary, 2001 consisting of Sections as listed in the Construction Managers Guaranteed Maximum Pnce Proposal Book dated May 4, 2001 e -Construction Manager's Guaranteed Maximum Pnce Proposal Book entitled "Village of Key Biscayne Fire Station & Administration and Police Building 100% Construction Documents Guaranteed Maximum Pnce Proposal May 4, 2001" f -Geotechnical Report for proposed 2 Level City Administration Building, prepared by Kaderabek & Barreiro Consultants,Inc , dated November 6 2000 consisting of nine pages and all attachments refereucedtherem. g -Geotechnical Report for proposed 2 -Level Fire Station Buildmgs, prepared by Kaderabek & Barreiro Consultants, Inc ,dated November?, 2000, consisting of nine pages and all attachmentsreferencedtherem h. -Response for Request for Information #1 for the Administration and Police Building dated February 15, 2001 t. -Response for Request for Information #1 for the Fire Station dated March 15, 2001 j -Response for Request for Information #2 for the Fire Station dated March 15 2001 k.. Response for Request for Information 03 for the Fire Stan on dated March 15 2001 1 Response for Request for Information #4 for the Fire Station dated March 16, 2001 m Response for Request for Information #5 for the Fire Station dated March 16, 2001 n. Response for Request for Information#7 for the Fire Station dated March 20 2001 o Response for Request for Information #8 for the Fire Station dated March 20, 2001 p Response for Request for Information #9 for the Fire Station dated April 25, 2001 q Response for Request for Information 0- I 0 for the Fire Station dated April 25, 2001 (3) Changes in Agreement - Various changes are required to the Agreement's Exhibits and Articles to reflect the adjustments required m the Agent's Construction Budget It is agreed that the following Articles and Exhibits of the Agreeinentshall be changed to read as follows I4 Agent's GMP BUDGET Agent's funds budgeted and requested for construction of the Fire Rescue & Adminisncatzon/Polzce Facilities excluding Design Phase Fees The Agent s Construction Budget is SIO 715 380 00 identified m Exhibit B including all Construction Manager fees, costs of the work and the Agent's and Construction Manner' s construct on and interface contmvcncies as dcfari act in Articles $ and 9 2 Hug 29 '01 1544 P0, (b) 8 12 Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will direct the Construction Manager in writing to proceed into the Construction Phase The Construction Manager's compensation for work or services performed during the ConstrucnonPhase shall be a fee of $523 892 00 (However, the Ownerretains the right to review the need and effectiveness of any employee or employees assigned by the Construction Manager, should the Project Director quesuon the need for the employee or employees) The Construction Phase Fee shall be invoiced and paid in 11 monthly payments of x43.657 00 each and l final monthly payment of 543,665 00 The first monthly payment shall become due thirty days following the issuance of the first Construcuoa Authorization by the Project Director and the final monthly payment shall be paid only when construction of the project is finally completed and occupancy of the project accepted by the Owner If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authonzedby the Owner (1) Adjustments in Fee - For changes in the project as provided in Article 10, the constructionphase fee Shall be adjusted as follows (a) The Construction Manager shall be paid an additional fee subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excludingany condition that may have been caused from negligent acts by the ConstructionManager Should the duration of the construction stipulated herein for Final Completion extend beyond 12 months after the Notice -To -Proceed, receipt of final drawings and specifications, or receipt of all necessary permits, whichever is later, due to no fault of the Construction Manager, the Construction Manger's Additional Construction Phase Fee will be 52.080 00 per working day for each day or portion thereof The Construcnon Manager's staff duriing such time extensions shall be that shown in Exhibit (c) The Construction Manager will not be due any additional Overhead and .Profit on mcreases in the Guaranteed Maximum Pnce (GMP) that do not exceed $320,000 00 Should the GMP be increased by more than $320,000 00 under the terms of Article I0 hereinafter due to no fault of the Construction Manager, the Constriction Manager's additional Overhead and Profit for the ConstructtonPhase will be 4 5% of that portion of the accumulative increases in the GMP that exceed the GMP by more than $320,000 00 Construction Manager's Exclusive Remedy In the event the construction Substantial or Final Completion date is extended, regardless of whether delay is caused by any act or neglect of the Owner or the Architect -Engineer, or is attributable to the Owner or the Architect -Engineer, the Construction Managers sole and exclusive remedy is an extension of the construction completion date and payment of additional Construction Phase fees and Overhead and Profit for Construction Phase as provided above (2) Cosa and Expenses Included in Fee - The following are included in the Construction Manager's fee for services during the Construction Phase (a) Salaries or other compensation of the Construction Manager's employees at his principal office and branch offices The Construction Manager's personnel to be assigned during the construction phase, their duties and responsibilities to this project and the duration of their assigninents are shown on Exhibits 1 and3 (b) General operating expenses related to this project of the Construction Manager's prmcipal and branch offices (c) The costs of all data processing staff (d) Salaries or other compensation of the Constriction Manages employees at the job site The Construction Manager's personnel to be assigned to the site during the Construction Phase under the job site management and supervision fee their duties and responsibilities and the auration of their assignment are shown on Exhibit J (e) General operating expenses incurred in the management and supervision of the project_ except expressly maiudod uz Arttele 9 3 ..._ .-w 1 t-! 11 1 R^ V. -J...1 `11..1 ....0"-Y -,"-t t-tuy z ul 1. 44 IJ Ub (f) Those services set forth in Article 2 4(9)(a) (g) Job office supplies - mcludes paper, pencils, paper clips, file folders, staples, etc and Jatutorial supplies (photocopy or blue prmt paper not included) (h) Direct tax saving purchase program 8 13 Overhead And Profit For ConstructionPhase - For overhead, profit and general expenses of any kuul, except as may be expressly included in Article 9 for services provided during and related to the construction phase, the fee shall be $457,273 00 and shall be paid proportionally to the ratio of the cost of the work in place, excluding stored materials and less retamage (see Article 12 1), as it bears on the latest estimate of the total construction cost or to the GMP or to the Agent s Construction Budget, whichever is less The balance of the fee shall be paid when construction of the project is finally completed and occupancy of the project accepted by the Agent. If construction Ls authorized only for a part of the project, the fee paid shall be proporuonate to the amount of work authorized by the Agent. The construction Manager's exclusive remedy for any adjustments m the Overhead and Profit for coastructionphase fee is provided in Article 8 12(1) 4 nub L V 1 L4 IN WITNESS WIEEREOF, the parties hereto have executed this Amenament the day and year first written above JAMES A CUIVIMINGS, Attest APPROVED By Corporate Secretary As Witnessed_ By Byl/L)09 27.),L4/12„, amela rails William R. Dcrrer, Corporate President James A Cu timings Inc Lisa Abbaticchio As Witnessed By, DEPARTMENT OF MANAGEMENT SERVICES teft,„,,IffiaaK0A. APPROVED Garrett Blanton, Chief of Staff Approved As To Form And Legality (Subject to full and proper execution by the parties ) By Office of General unsel, Department of Management Services 5 1 1J '+J r LJr ATTEST VILLAGE OF ICEY BISC 4YNE APPROVED Approved As To Form And Legality uel ' ssinger, V ge Manager By Village Attorney 6 V -v -,'T JY 11L..y Z. lJl 1J Z4 R' IJZj EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES Owner Ralph Martinez Tom Berley H R Hough Chns Keena Cynthia Henderson Client C Samuel Kissmger Architect -Engineer — Spiliis Candella Paul Reinarman R, Sixto L Klem L Valle J Eauza J Clark R. Lage Protect Director Manager Central Flonda Project Development Section Contracts Administrator Director Secretary, Department of Management Services Village of Key Biscayne, filonda Project Principal Project Manager Senior Design Architect Mechanical Engineering Inspector Electrical Engmeenng Inspector Structural Engmeenng Inspector Civil Engineer Architect -Engineer —Robert G Cume and Associates Robert G Currie Architect-Enmeer — OBM Miami Inc Raul Lastra Construction Manager James A Cummings William R. Derrer Gerry Zeugel Michael F La nciault Scott W Pate Alan Rosenblum Frank Sedmak Bill Papps TBD' Bill Hilton TBD* Project Principal Project PrmcipaI President Executive Vice President of' Operations Vice President of Operations Senior Vice President Esturiatmg Vice President of Estimating Senior Estimator Project Manager General Superintendent General Superintendent Project Engineer Project Secretary 7 - -- - .. - L.L_LJ L_ 1 1 1 Lt.". L/JV Z .Lv J"7 1•? riuy L ul 1.D 4D ^ r Uy EXHIBIT B OWNER'S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGER'S PRECONSTRUCTION PHASS FEE $213,190 00 SUBTOTAL OWNER'S TOTAL PRECONSTRUCTION PHASE FEE 5113,I90 00 FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE 5523 892 00 CONSTRUCTION MANAGER'S OVERHEAD & PROFIT $457,223 00 CONSTRUCTION BUDGET BALANCE $9,636,607 00 SUBTOTAL CONSTRUCTION COSTS $10,617,722 00 ANTICIPATED OWNER SALES TAX SAVINGS _ (5159,266 00) SUBTOTAL _ 510,458,456 00 OWNER'S CONTINGENCY 5256,924 00 OWNER S GMP BUDGET -FIRE RESCUE & ADMINISTRATION/POLICE S10,715,580 00 OWNER'S CONSTRUCTION BUDGET -FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $10,828,570 00 8 " ,.,,-., i�� , U!_v_Lur l icv, rdx aJu-LJ-7 4.F Hug 1J U1 15 !fib l' 10 Individual William R. Derrer Gerry Zengel Michael F Lanciault Scott W Pate Alan Rosenblum Individual Frank Sedrnak Bill Pappas TBD* Bill Hilton fBD* *To Be Determined at a Later Date EXHIBIT C CONSTRUCTION MANAGERS S PERSONNEL. OFF -SITE SUPPORT STAFF Title Executive Vice President of Operations Vice President of Operations Senior Vice President of Estunatmg Vice President of Estimator Sensor Estimator ON -SITE SUPPORT STAFF Title Project Manager General Supenntendent General Superintendent Project Engineer Project Secretary 9 1 • 2 -. ..vv ''ttN, J-r� T I ,ud c Ji ul ID 40 r 11 .,./ \...,,/ Individual James A Cummmgs William R. Derrer Gerry ZengeI Michael F Lanciault ScottW Pate Alan Rosenblum Mark Cantrell Frank Sedmak Bill Hilton Bill Pappas Kim Soto Pam Kalis Chnssy Pollack Maggie Ascanio EXHIBIT G CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING PRECONSTRUCTION PHASE Title President Executive Vice President of Operations Vice President of Operations Senior Vice President of Estanarrng Chief Estimator Senior Estimator Estimator Project Manager Project Engineer General Supenutendent Secretary Estimating Chief Financial Officer Accountant Payroll Duration In Months 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Percentage of Time Available Sod 3% 15% 5% 5% 5% 20% 20% 20% 20% 10'% 10% 10% 10 idOit V.JV "T 1 V 4... J'Y riuy L7 u1 1D 40 r 11 \ J EXHIBIT H CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME EXTENSIONS PER 81 2(1)(13) Percentage of Time Individual Title Available Frank Sedmak Project Manager 100% Bill Papps General Superintendent 100% 7 BD's General Superintendent 100% Bill Hilton Project Engineer 100% TBD* Project Secretary 100% *To Be Determined at a Later Date 11 .it - LL -VI -I_1.-4 1 IL -111 1 an V-"' .-+_J- .-1.�•1. rtuy LU i L Lb V 16 Individual Gerry Zengel Michael P Lanciault Scott W Pate Alan Rosenblum Pam Kalts Chnssy Pollack Maggie Ascanio Kim Soto EXHIBIT I CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION OFF -SITE Title Vice President of Operations Senior Vice President of Estunating Vice President of Estimating Senior Estimator Chief Financial Officer Accounting Payroll Secretary Estimating Duration In Months 12 12 12 12 12 12 12 12 Percentage of Time Available 15% 5% 5% 16% 16% 16% 16% 16% 12 I ( 11,.11—.1 J. Ls./ 1LVLLurI ICJ-IC_IN rCIA OJU-41J-744 riuy L7 U1 1D 40 r 14 EXHIBIT J CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION ON -SITE Percentage Duration of Time Individual T= In Months Available Frank Sedznak Project Manager 12 100% Bill Pappas General Superintendent 12 100% TBD* General Superintendent 10 100% Bill Hilton Project Engineer 12 100% TBD* Project Secretary 12 100% 'To Be Determined at a Laser Date 13