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Home My Public Portal AboutAmendment No 04AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER STATE PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER THIS AMENDMENT made this 23rd day of May in the year Two Thousand Two by and between Building Construction Depaitnient 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 #4 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 amending the Agreement to acknowledge and accept the Construction Manager s Guaranteed Maximum Price (GMP) guaranteeing the maximum pnce for construction of the Fire Rescue & Administration /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 Agent and Construction Manager entered into Amendment No 3 to the Agreement on the 24th day of April 2002 amending the Agreement to acknowledge and accept the Construction Manager s Guaranteed Maximum Pnce (GMP) guaranteeing the maximum price for the Village Civic Center Site and Site Infrastructure Work Phases 1 2 3 and 5 (proposal dated February 8 2002) as required by Article 7 1 of said Agreement that whereas the Owner and Construction Manager now wish to amend the Agreement to include Administration & Police Building First Floor Revisions as outlmed m the Instructions to Contractor No 15 and to increase the Guaranteed Maximum Pnce (GMP) for the Village Community Center Village Fire Station Police Station and Administrative Office of the Village Village of Key Biscayne Florida 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 revised 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 revised 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 Key Biscayne Florida as defined in Article 7 1 of said Agreement shall be Ten Million Nine Hundred Four Thousand Four Hundred Thirty Eight Dollars ($10 904 438 00) 1 (2) Drawings And Other Supporting Documents — In addition to the drawings specifications and other supporting documents identified in item (2) of Amendment Number 1 dated May 28 2001 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 Key Biscayne Florida is based upon the following drawings and other supporting documents a Drawings entitled Village of Key Biscayne Administration & Police Building prepared by Spilhs Candela DMJM and consisting of the following sheets as applicable to the First Floor Revisions only Sheet Number Description Date Al 3 10 Life Safety Plan 1" Floor 1/26/01 A2 2 11 1St Floor Plan 3/11/02 A2 3 11 1St Floor Reflected Ceiling Plan 3/11/02 A2 4 11 Interior Finish Plan 1St Floor Plan 3/11/02 A3 1 01 Enlarged Toilet Plans 3/11/02 A3 1 02 Interior Toilet Elevations 3/11/02 A5 3 01 Millwork Elevations 15` Floor 3/11/02 A6 2 01 Door Schedule 3/11/02 MO 0 01 Legend Schedules & Sequence of Operations 3/15/02 M2 2 11 1St Floor Plan — HVAC 3/15/02 P2 2 11 1St Floor Plan Plumbing 3/11/02 P2 2 21 2nd Floor Plan Plumbing 3/11/02 P4 0 10 Cold & Hot Water Isometric 3/11/02 P4 0 11 Sanitary Isometric 3/11/02 FP2 2 11 1St Floor Fire Protection Plan 2/26/02 E2 2 11 1St Floor Lighting Plan 3/15/02 E2 3 11 1st Floor Power Plan 3/15/02 E2 4 11 1St Floor System Plan 3/15/02 E4 1 02 Fire Alarm Riser Diagram 3/15/02 S2 2 11 1St Floor Framing Plan 3/15/02 S5 1 01 Sections & Details 3/15/02 b —Letter to the Flonda Department of Management Services ATTN Mr Larry Coleman from Robert L Maphis III dated April 26 2002 consistmg of one page A letter to the Village of Key Biscayne ATTN Mr Kurlancheek dated Apnl 2 2002 consisting of one page A Proposal Summary Form ITC #15 Administration & Police Building First Floor Revisions consisting of one page A List of Documents per ITC #15 dated Apnl 1 2002 consistmg of one page (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 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 $10,904,438 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 contingencies 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 in Exhibit B mcludmg all Construction Manager fees costs of the work and the Agent s and Construction Manager s construction and interface contingencies 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 m 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 2 Attest By Ql►n",c J c4 irC ti.tQ Corporate Secretary As Witnessed By IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC APPROVED BOelo NAA, William R Derrer Corporate President James A Cummings Inc (Corporate Seal) DEPARTMENT OF MANAGEMENT SERVICES As Witnessed By APPROVED Cyn Henderson Secretary Approved As To Form And Legality (Subject to full and proper execution by the parties ) By O ice of Ge al ' ounsel epartment . f Management Services VILLAGE OF KEY BISCAYNE APPROVED Approved As To Form And Legality k U`/ /) By Village A orney 4 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 $9 825 665 00 SUBTOTAL CONSTRUCTION COSTS $10 806 780 00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $10 647 514 00 OWNER S CONTINGENCY $256 924 00 OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $10 904 438 00 OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11 017 628 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 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 OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $1,433,035 00 $13 252 323 00 5