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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) 1 (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 2 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 3 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 4 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) 6 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