HomeMy Public PortalAboutAmendment No 03AMENDMENT TO
AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER
STATE PROJECT NO
PROJECT NAME
AND LOCATION
AMENDMENT NUMBER
THIS AMENDMENT
made this 24th day of Apnl in the year Two Thousand Two
by and between Building Construction Depai linient 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 Key Biscayne Florida
#3
James A Cummings Inc
A Florida Corporation
3575 Northwest 53rd Street
Fort Lauderdale Florida 33309
Phone (954) 733 4211 Fax (954) 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 Agent and
Construction Manager entered into Amendment No 1 to the Agreement on the 28th day of May 2001 amendmg the
Agreement to acknowledge and accept the Construction Manager s Guaranteed Maximum Price (GMP) guaranteeing the
maximum pnce for construction of the Fire Rescue & Admmistration /Police Facilities that whereas the Agent and
Construction Manager entered into Amendment No 2 to the Agreement on the 18th day of March 2002 amending the
Agreement to acknowledge and accept the Construction Manager s Guaranteed Maximum Price (GMP) guaranteeing the
maximum pnce for construction of the Village Civic Center Site and Site Infrastructure Work Electrical Duct Bank and Water
Main (proposal dated January 24 2002) that whereas the Construction Manager has now established and submitted m writing
to the Owner for his approval a Guaranteed Maximum Price (GMP) guaranteeing the maximum price for the Village Civic
Center Site and Site Infrastructure Work (proposal dated February 8 2002) as required by Article 7 1 of said Agreement that
whereas the Owner now wishes to acknowledge and accept the Guaranteed Maximum Price for construction of this phase of
the work 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 Price The Guaranteed Maximum Price (GMP) for construction of Project VKB
98069000 Village Civic Center Site and Site Infrastructure Work Phases 1 2 3 and 5 as defined in Article 7 1 of
said Agreement shall be
One Million Four Hundred Thirty Three Thousand Thirty Five Dollars ($1 433 035 00)
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(2) Drawings Specifications And Other Supporting Documents The Guaranteed Maximum Price (GMP) for
construction of Project VKB 98069000 Village Civic Center Site and Site Infrastructure Work is based upon the
following drawings specifications and other supporting documents
a Drawings entitled Village of Key Biscayne Civic Center Key Biscayne Florida prepared by Spilhs Candela
DMJM consisting of sheets as listed in the Construction Managers Guaranteed Maximum Price Proposal Book
dated February 8 2002
b Drawmgs entitled Civic Center Key Biscayne prepared by FUSTER Design Associates P A consisting of
sheets as listed in the Construction Managers Guaranteed Maximum Price Proposal Book dated February 8
2002
c Division 2 Specifications as listed in the Construction Managers Guaranteed Maximum Price Proposal Book
dated February 8 2002
d Response to Request for Information #PC002 dated October 31 2001
e Revised Phase 2 Site and Site Infrastructure Improvements (Phasmg Plan) received by Construction Manager
via fax on January 31 2002
f Construction Manager s Guaranteed Maximum Price Proposal Book entitled Village of Key Biscayne Village
Civic Center Site & Site Infrastructure Work Guaranteed Maximum Price February 8 2002
(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 excludmg Design Phase Fees The Agent s Construction Budget is $10,715,380 00 identified m
Exhibit B including all Construction Manager fees costs of the work and the Agent s and Construction Manager s
construction and mterface contmgencies as defined in Articles 8 and 9
Agent s funds budgeted and requested for construction of the Village of Key Biscayne Village Civic Center Site &
Site Infrastructure Work Electrical Duct Bank and Water Main The Agent s Construction Budget is $801,660 00
identified m Exhibit B mcludmg all Construction Manager fees costs of the work and the Agent s and Construction
Manager s construction and mterface contmgencies as defined in Articles 8 and 9
Agent s funds budgeted and requested for construction of the Village of Key Biscayne Village Civic Center Site &
Site Infrastructure Work Phases 1 2 3 and 5 The Agent s Construction Budget is $1,433,035 00 identified in
Exhibit B mcludmg all Construction Manager fees costs of the work and the Agent s and Construction Manager s
construction and mterface contingencies as defined in Articles 8 and 9
8 1 2 Construction Phase Fee (Village Fire Station & Administrative and Police Building) Prior to commencement of
the Construction Phase the Owner will direct the Construction Manager in wntmg to proceed into the Construction
Phase The Construction Manager's compensation for work or services performed during the Construction Phase
shall be a fee of $523,892 00 (However the Owner retains the right to review the need and effectiveness of any
employee or employees assigned by the Construction Manager should the Project Director question the need for the
employee or employees) The Construction Phase Fee shall be invoiced and paid in 11 monthly payments of
$43,657 00 each and 1 fmal monthly payment of $43,665 00 The first monthly payment shall become due thirty
days following the issuance of the first Construction Authorization by the Project Director and the fmal 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 authonzed by the Owner
Construction Phase Fee (Village Civic Center Site & Site Infrastructure Work Electrical Duct Bank and Water Mam)
Prior to commencement of the Construction Phase the Owner will direct the Construction Manager m wntmg to
proceed into the Construction Phase The Construction Manager s compensation for work or services performed
during the Construction Phase shall be a fee of $119,226 00 (However the Owner retains the right to review the need
and effectiveness of any employee or employees assigned by the Construction Manager should the Project Director
question the need for the employee or employees) The Construction Phase Fee shall be invoiced and paid m 5
monthly payments of $22,000 00 each and 1 fmal monthly payment of $9,226 00 The first monthly payment shall
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become due thirty days followmg the issuance of the first Construction Authonzation by the Project Director and the
fmal 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 authorized by the Owner In accordance with the revised Project Schedule the
new Final Completion of all of the Work shall be October 1 2002 depending upon the date the necessary permits are
received and/or the date when Owner s Authonzation to Proceed is received for the added work of this Amendment
No 2 and the balance of the Site and Site Infrastructure Work The Site and Site Infrastructure Work and the
additional Construction Phase Fee for same is not included and shall be added by amendment
Construction Phase Fee (Village Civic Center Site & Site Infrastructure Work Phases 1 2 3 and 5) Prior to
commencement of the Construction Phase the Owner will direct the Construction Manager m writing to proceed mto
the Construction Phase The Construction Manager s compensation for work or services performed during the
Construction Phase shall be a fee of $62,630 00 (However the Owner retains the right to review the need and
effectiveness of any employee or employees assigned by the Construction Manager should the Project Director
question the need for the employee or employees) The Construction Phase Fee shall be invoiced and paid m 4
monthly payments of $15657 50 each The first monthly payment shall become due thirty days following the
issuance of the first Construction Authonzation by the Project Director and the final monthly payment shall be paid
only when construction of the project is fmally 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
authonzed by the Owner
(1) (a) Adjustments in Fee (Village Fire Station Police Station and Administrative Building) For changes in the
project as provided in Article 10 the construction phase fee shall be adjusted as follows
(i) 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
(n) Should the duration of the construction stipulated herem 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
Manager'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 m
Exhibit H
(in) The Construction Manager will not be due any additional Overhead and Profit on mcreases 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
Manager the Construction Manager's additional Overhead and Profit for the Construction Phase will
be 4 5% of that portion of the accumulative increases m 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 Manager s 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
(b) Adjustments m Fee (Village Civic Center Site & Site Infrastructure Work Electrical Duct Bank and Water
Mam) For changes m the project as provided in Article 10 the construction phase fee shall be adjusted as
follows
(i) The Construction Manager shall be paid an additional fee subject to negotiation if the Construction
Manager is placed m charge of reconstruction of an insured or unmsured loss excludmg any condition
that may have been caused from negligent acts by the Construction Manager
(n) Should the duration of the construction stipulated herein for Final Completion extend beyond 5 1/2
months after the Notice To Proceed receipt of fmal drawmgs and specifications or receipt of all
necessary permits whichever is later due to no fault of the Construction Manager the Construction
Manager's Additional Construction Phase Fee will be $1,050 00 per working day for each day or
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portion thereof The Construction Manager's staff during such time extensions shall be that shown m
Exhibit H
(m) The Construction Manager will not be due any additional Overhead and Profit on increases in the
Guaranteed Maximum Price (GMP) that do not exceed $24,000 00 Should the GMP be increased by
more than $24,000 00 under the terms of Article 10 hereinafter due to no fault of the Construction
Manager the Construction Manager s 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
$24,000 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 Manager's 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
(c) Adjustments m Fee (Village Civic Center Site & Site Infrastructure Work Phases 1 2 3 and 5) For changes
m the project as provided m Article 10 the construction phase fee shall be adjusted as follows
(i) 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 excludmg any condition
that may have been caused from negligent acts by the Construction Manager
(n) Should the duration of the construction stipulated herein for Final Completion extend beyond 4 months
after the Notice To Proceed receipt of fmal drawings and specifications or receipt of all necessary
permits whichever is later due to no fault of the Construction Manager the Construction Manager's
Additional Construction Phase Fee will be $746 00 per workmg day for each day or portion thereof
The Construction Manager's staff during such time extensions shall be that shown m Exhibit H
(in) The Construction Manager will not be due any additional Overhead and Profit on increases m the
Guaranteed Maximum Pnce (GMP) that do not exceed $42,990 00 Should the GMP be increased by
more than $42,990 00 under the terms of Article 10 heremafter due to no fault of the Construction
Manager the Construction Manager s 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
$42,990 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 Manager s 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 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 assignments are shown on Exhibits I
and J
(b) General operating expenses related to this project of the Construction Manager's principal and
branch offices
(c) The costs of all data processing staff
(d) Salaries or other compensation of the Construction Manager s 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 duration of
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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
(f) Those services set forth 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) Relocation expenses for Construction Manager s personnel
(i) Direct tax saving purchase program
8 1 3 Overhead And Profit For Construction Phase (Village Fire Station Police Station and Administrative Office of the
Village) For overhead profit and general expenses of any kind except as may be expressly mcluded m Article 9 for
services provided durmg 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 m place excluding stored matenals 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 is authonzed 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 for any adjustments m the Overhead and Profit for construction phase fee is provided m Article 8 1 2(1)
Overhead And Profit For Construction Phase (Village Civic Center Site & Site Infrastructure Work Electrical Duct
Bank and Water Mam) For overhead profit and general expenses of any kmd except as may be expressly included
m Article 9 for services provided durmg and related to the construction phase the fee shall be $34,521 00 and shall
be paid proportionally to the ratio of the cost of the work in place excludmg 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
fmally completed and occupancy of the project accepted by the Agent If construction is authonzed 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 for any adjustments m the Overhead and Profit for construction phase fee is provided m
Article 8 1 2(1)
Overhead And Profit For Construction Phase (Village Civic Center Site & Site Infrastructure Work Phases 1 2 3 and
5) For overhead profit and general expenses of any kind except as may be expressly included m Article 9 for
services provided during and related to the construction phase the fee shall be $62,680 00 and shall be paid
proportionally to the ratio of the cost of the work m place excluding stored matenals 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 fmally completed
and occupancy of the project accepted by the Agent If construction is authonzed 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 for any adjustments m the Overhead and Profit for construction phase fee is provided in Article 8 1 2(1)
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Attest
By PCL/VV ct— rci.-l-�
Corporate Secretary
As Witnessed
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first written above
JAMES A CUMMINGS, INC
APPROVED
0 9 By 12_�
William R Derrer Corporate President
James A Cummings Inc
(Corporate Seal)
As Witnessed
By
DEPARTMENT OF MANAGEMENT SERVICES
APPROVED
Cynt is ' en. erson Secretaiy
Approved As To Form And Legality
(Subject to full and proper execution by the parties )
By
Of ice of Gen: al " ounsel
Department •' Management Servic s
VILLAGE OF KEY BISCAYNE
ATTEST APPROVED
By lqa nill
Approved As To Form And Legality
By
Village Attorney
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 $523 892 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 ($159 266 00)
SUBTOTAL $10 458 456 00
OWNER S CONTINGENCY $256 924 00
OWNER S 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
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 AND 5
CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $62 630 00
CONSTRUCTION MANAGER S OVERHEAD & PROFIT $62 680 00
CONSTRUCTION BUDGET BALANCE $1 307 725 00
OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE
INFRASTRUCTURE WORK PHASES 1, 2 ,3 AND 5
OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES)
9
$1,433,035 00
$13 063 265 00