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Home My Public Portal AboutAmendment No 06AMENDMENT 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 #6 (State School "FF" Sanitary Sewer Force Main) THIS AMENDMENT made this 11th1 Day of December in the year Two Thousand and Two 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 and 5 and WHEREAS, it is now necessary to revise the Agreement to commence construction of the State School "FF' Sanitary Sewer Force Main (hereafter referred to as "Force Main"), and to delete references to DMS as agent for the Owner as to the Force Main component of the Project 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 revise the GMP for the Project by including the Force Main, 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 revised Guaranteed Maximum Price (GMP), including the GMP for construction of the Force Main and for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station and Administrative Office of the Village, Site and Site Infrastructure Work ElecX c 1 Duct Bank and Water Main, Site and Site Infrastructure Work Phases 1, 2, 3 and 5, and changes to the First Floor of the Police Station, as defined in Article 7 1 of said Agreement shall be $23,227,082 (which includes the $156,089 GMP for the Force Main) (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 and 5) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Request for Change Order Letter to the Village of Key Biscayne from James A Cummings, Inc , dated June 20, 2002, which is attached hereto as Exhibit "A " b Drawing sheets C1 1 01 and C1 1 02 entitled "Sanitary Sewer Force Main Plan and Profile" dated 04-10-02 [Revision 2] as prepared by Spillis Candela DMJM c The revised Project Budget which is attached hereto as Exhibit "B " (3) Elimination of Agent — the DMS is hereby eliminated as the agent of the Owner concerning the construction of the Force Main Owner may subsequently appoint a new construction program representative (4) 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 Deletion of the services of the DMS for the Force Main component of the Project b Establishment of the GMP for the Force Main in the amount of $156,089, and establishment of the revised GMP for the Project (including the Force Main) of $23,227,082 00 (5) 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 ritten above JAMES A CUMMINGS, INC Attest By Pcvvvx-LJoL__ %lam-CLA Corporate Secretary Witnessed By By 4/s o M136 /9 T' cc f// d (pnnt name) 'Ic /LlGL/4KE (print name Attest By Village Clerk William R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE zef4,-clee03 Approved as to form and legal sufficiency By Village Attorney 103001 agreements'amendment to agreement between owner and construction manager (Corporate Seal) MAYRA F GOMEZ MY COMMISSION # DD 002789 EXPIRES Feb 20 2t.:" 1 800 -3 -NOTARY FL Notary SerwcP & Boric ng Int. 12/10/02 16 30 FAX tX1 tT A" James A Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 CTh urnrninc's General Controctors June 20, 2002 VILLAGE OF KEY BISCAYNE Department of Building, Zoning and Planning 85 West McIntyre Street Key Biscayne, FL 33149 Phone 954-733-4211 Fax 954-485 9688 Website wwwjamesacummings com TRANSMITTED WA FAX & USPS ATTN Mr Jud Kurlancheek, Director RE ICEY BISCAYNE FIRE STATION, POLICE STATION & ADMIN BUILDINGS REQUEST FOR CHANGE ORDER STATE SCHOOL "FF" SANITARY SEWER FORCE MAIN Dear Mr Kuilancheek This is issued following our May 28, 2002 letter to your office regarding additional work for the State School "FF" sanitary sewer force main Per your request, we have modified the proposal for this work in accordance with our June 13, 2002 meeting with Miami Dade County Public Schools We hereby offer three (3) separate proposals for this work, as outlined below (1) Force Main Fernwood East S48,635 Includes force main from Fernwood Road 8" cap east to existing 12" force main at Crandon Boulevard Proposal includes dewatermg (2) Force Main Fernwood West $72,129 Includes force main from Fernwood Road 8" cap west to lift station (by others) at School "FF" Proposal includes dewatermg (3) Repave Intersection at Crandon Boulevard and McIntyre Road $35 325 Includes repaving of intersection, including signahzation loop repair To accomplish all three portions of this work, an additive change order in the amount of $156,089 is required. Please see attached summary form and quotations for a recapitulation of this amount Be advised that this proposal is limited to the force main work depicted on drawings C1 1 01 and Cl 1 02 [Revision 1, dated 09-25-02] The proposed amount for "Fernwood East" is contingent upon being provided the ability to mstall the force main concurrent with other site infrastructure work at McIntyre Road. Per request from MCDPS, the proposal for work west of Fernwood Road includes consideration for performing this work during summer 2002 Note that the subcontractor quotations include provisions for dev4 atenng, costs for u hich were n in previous proposals 12/10/02 16 30 FAX (i-ftrr °A'' Z12 Mr Jud Kurlancheek STATE SCHOOL "FF" FORCE MAIN June 20, 2002 Page 2 of 2 James A Cummings, Inc reserves its right to request compensation for costs and a time extension which may result from this change 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 tune, once these impacts become apparent, we will advise you accordingly Please telephone me at (954) 733-4211 if there are any questions or comments regarding this pending change Sincerely, Vice President of Operations Cc Octavio Suarez, MIAMI-DADE COUNTY PUBLIC SCHOOLS via fax (305-995-4599) Ralph Martinez, DMS via fax (813-233-3326) Roberto Lage, SPILLIS CANDELA DMJM via fax (305-444-3580) Rick Derrer Mike Lanciault Alan Rosenblum Frank Sedmak Rand Eachus FILE 12/10/02 16 30 FAX )(\-E151-1- "A" I13 1 I James A Cummings, Inc PROPOSAL SUMMARY FORM Village of Key Biscayne STATE SCHOOL "FF" SANITARY SEWER FORCE MAIN FERNWOOD EAST Revised 06/20/02 ISECTION DESCRIPTION OF WORK LABOR MATERIAL SUBCONTRACT I 1 Force Main Femwood East 1 01 Dumpster Putts/ Waste Remoyall1 (a $300 each) 0 300 0 01 Layout/Support 1,000 150 0 , 02 Sanitary Sewer Force Main Meeatran 0 0 40,267 1 02 Pressure Testing Megatran ( 01 0 500 C2 Restorabon of Asphalt at Trenched Area ALLOWANCE 1 0 0 5 000 02 1Complete Restoration of Crandon/Mclntyre NOT INCLUDED 1 NIC NIC NIC 1 I I I 1 I 1 SUBTOTAL LABOR BURDEN SALES TAX 1 SUBTOTAL 1 000 685 450_, 45 767 1 685 479 45 767 TOTAL OVERHEAD (4 5% of portion oreater than $42,990 Der Amendment 3 8 1 2 (11_(c)) SUBTOTAL PROFIT (Included in Overhead) 47 931 1 SUBTOTAL BOND TOTAL 222 48 154 i I 12/10/02 16 30 FAX 6/28/2072 3 37 PK 'ROM T x TO _-054-48!-9688 PAGE 302 OF CO2 1014 MEGA TRAM EXHIBIT "A" UNIT PRICE SCHEDULE James A. Cummings Key Biscanyne Community School West of Feemwood No Descripdon 1 Qty 1 Untt Price 1 Amount • ► ! i 1 = 1 1 --I ---^— A. S -- 1 ►�DIP coated 8 Epoxy 4041 LF $33 26 $13,440 00, 2 8" Plug 2 � $275 $322 34 77 $550 00 $3,870 00 3 45 Degree Bends 12 EA 4 8 Plug Valve 1 11 EA $1,358 07 51 360 00 5 8 x8 T i 11 EA ' $520 32 $520 00 6 lAccessones i 11 LS $552 40 $4 96314 — _ $550 00 00 7 Trench Asphalt Patching Final restoration is not included Full !Intersection restoration of Crandom Blvd is not included 11 LS ---1- $4 960 *___ 8 liFin Hauling -1- 27 CY $11 70 5320 00 9 !MOT (does not included police officer) ; 1 s LS $982 80 5980 00 10 IDewatenn8 11 !Sung (Layout) & As -built 1 1 11 LS LS h $9 873 53,369 00 60 $9 870 $3 370 00 00 12 iSidewaik or Landscaping restoration is not Included ! i _,+_,^_. i TOTAL L 539,790 0 00 i Contract Summary ' 11 DRAINAGE WATER & SEWER 1 1 A. Sewer System I 1 539,790 00 B s Crandon Blvd - Mcyntire Inersetction ' TOTAL $39780 00 Performance Bond --i 1 — S477 48 �-- — —_ .1._ Grand Total - S40,267 48 Page A-1 of 1 6/18/2002 3 35 PM 12/10/02 16 30 FAX X1\ r' A„ tJ15 James A Cummings, inc i1 PROPOSAL SUMMARY FORM Village of Key Biscayne STATE SCHOOL "FF" SANITARY SEWER FORCE MAIN FERNWOOD WEST Revised 06/20/02 SECTION DESCRIPTION OF WORK LABOR MATERIAL SUBCONTRACT I l I Force Main Femwood West I l i 01 Dumpster Pulls/ Waste Removal (1 A $300 each) 01 300 0 01 Layout/Support 2,500 300 I 01 02 Sanitary Sewer Force Main Megatran 1 0 01 57 988 I 02 Pressure Teshnq Megatran 0 I 01 500 ' 02 Restoratson of Asphalt at Trenched Area ALLOWANCE 0 01 5,0001 1 1 1 1 I 1 I SUBTOTAL LABOR BURDEN SALES TAX 1 SUBTOTAL 2500 6001 63 488 1 712 4 212 639 63 486 TOTAL 68 339 OVERHEAD 4 5% (accurnalative increases exceed $42 990 -per Amendment 3 8 1 2 (1) (c)) SUBTOTAL PROFIT (included in Overhead) SUBTOTAL BOND 1 TOTAL 3 075 71 415 12/10/02 16 30 FAX kiti3 1 T." A" 6/11/2072 3 _1 PK OAK Fix TO _-°54-48`-9688 PAGE )O2 OF CO2 EJ17 MEGATRAN EXHIB'T "A° UNIT PRICE SCHEDULE James A. Cummings Key Biscanyne Community School No Description 1 Oy ] Unit ( Price 1 Amount I r A Sew System — — 1 8" DIP Epoxy coated 550 - LF $33 26 $18 29000 2. _ 8" Plug i 2 LF 5275 34 $550 00 3 45 Deg Bends 8?--- EA $322 77 $2 580 00 4 8 Plug Valve 1 11 EA $1 358 07 $1,360 00 5 8"x8" T i 1' EA $520 32 5520 00 6 g� 9 12.xB' Tapping Sleeve, Valve & Valve Box 1, EA $5 08214 $5 080 00 — - _ ^ Accessories Trench Asphalt Patching Final restoration is not included Full intersection restoration of Crandom Blvd is not included 11 LS $552 40 $550 00 I 1) LS I $11 719 89 $11 720 00 10 Ra Hauling 37 CY $11 70 $430 00 11 12 MOT (does not included police officer 1 LS 5982 80 5980 00 ,p ew 11 LS $11,496 60 $11 500 00 13 Survey (Layout) & As -built 11 LS $3 744 00 $3 740 00 14 Sidewalk or Landscaping restoration is not included -i--- = TOTAL $ 57 300 00 - ndon = „ - , ::. ion allibWillrellr �H •. - - ilia • , •L= =►_ • e S -I 1 , Illt�� . 2 Sig -7-,. on Loop _ I'llig 4 . • • t :. . �,..,• I. • ry - 0131. .. a pal, -PV •T (nig off duty ;; •- officer eludedrk_ �., - _ _- - -------- Contact Summary ._—_—.-- 11 QRAINAGEWATER & SEWER k Sewer System ' $57,300 00 B Crandon Blvd - Mcvntire Inersetction 1 TOTAL ) 1 S57,300 00 1r Performance Bond _ ____ $687 60 _ _ Grand Tom! 567,987 60 Page A-1 of 1 6/18/2002 3 07 PM 12/10/02 16 30 FAX X16 James A Cummings Inc PROPOSAL SUMMARY FORM Village of Key Biscayne STATE SCHOOL "FF" SANITARY SEWER FORCE MAIN COMPLETE PAVING OF CRANDON BOULEVARD/MCINTYRE SECTION DESCRIPTION OF WORK LABOR 1 MATERIAL !SUBCONTRACT Pave Crandon Boulevard/McIntyre intersection 01 Dumpster Pulls/ Waste Removal (1 0) $300 each) J 01 300 0 01 Layout/Support 2 000 0 0 02 Paving Megatran 0 0 , 29780 T 1 , , ' 1 1 T ' - 1 1 SUBTOTAL LABOR BURDEN SALES TAX 2 000 300 29 780 SUBTOTAL 33 469 TOTAL OVERHEAD 4 5% (accumalative increases exceed 542,990 -per Amendment 3 8 1 2 (1) (c)) SUBTOTAL PROFIT (mduded in Overhead) SUBTOTAL BOND TOTAL 1 506 34 975 , 0 34 975 350 35 325 12/10/02 16 30 FAX 1F))T " 6/18/2032 3 _1 P!S MOM i F x To _ 954-46 -9688 PAGE X02 or CO2 Z18 MEGA TRAN EXHIBIT "A" UNIT PRICE SCHEDULE James A. Cummings Key B scanyne Community School No Dawn ► l an p Una Pnce Amount 1 1 ' r t r �� 'DIP ,♦;j coa•= • 550 LF S33 26 $18,290 9 9 r ,45 -••8" Pl • _ _ LF 5275 34 _ $550 • §- • roe 8 •. T ~ _ EA _ 53227 52 5- 00 4 8" ' g Valve s 11 EA 51 358 ',7 51 3.0 00 5 �•" T j 111 EA $52; 32 5' 0 00 18 - 6 25�" Th., njSl Valve = alve Box 1 _ EA $5 0• 14 55 ' 80 00 • -A_ 1 11 L 5 •2 40 550 00 [Trench 4 •halt - : ing F al restoaab • is not includ •, Full int -- -Ion rep,. -1' on of C =, dom Blvd - not includ- • ! 1 S $11 19 89 1 720 00 10 Fill lin • 37 CY 511 70 5430 1e 11 I MO (does n • , included , • hoe offer) 12 ' : -'- t g t 1 LS 5982 80 598* 1' LS 11 496 60 511 5. i 10 00 13 t - rvey - • &A • it r 1 LS 53 744 00 53 7 •' 00 14 bewail( or - ndsca • ng resiorat • f is not includ �• TK 1'1 1 1 t r i B 'Crandon Blvd - Movntir inetsetcttan 1 - 1 'Complete milling & +11" Overlay rnoc type S III 2 Signatzabon Loop repair 3 [Stripping as eeosbng with temporary and thermoplastic paint 1 4 'MOT (night time off duty police officer not included) �' i � TOTAL • — S29,760 00 MIN /IN .' •.iMgr an R A. l - = Svst =- - ,300 00 6 randon = • - M ire leers-' on _..._.� __ _ TOT •7 i 557,300 ' 0 Perfo Bo! s SSP - 0 i Grand T • r 1 --. S57,9: GO r 1 Page A- 1 o 1 6/ 3/2022 3 07 M EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGERS PRECONSTRUCTION PH ASE FEE S113 190 00 SUBTOTAL OWNER S TOTAL PRECONSTRUCTION PH &SE FEE S113 190 00 FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE S523 892 00 CONSTRUCTION MANAGER S ON ERHE AD 8.. PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE S9 825 665 00 SUBTOTAL CONSTRUCTION COSTS $10 806 780 00 ANTICIPATED OWNER S ALES TAX S AVL\ GS ($1 266 00) SUBTOTAL $10 647 514 00 OWNER S CONTINGENCE S256 924 00 OWNER S GMP BUDGET FIRE RESCUE R ADMINISTRATION/POLICE S10 904 438 00 OWNER S CONSTRUCTION BUDGET FIRE RESCUE R. ADMINISTRATION/POLICE \\ ITH PRECONSTRUCTION FEE S11 017 628 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MAN AGER S CON STRLCTION PH ASE FEE S119 226 00 CONSTRUCTION M AN &GER S ON ERHE AD &. PROFIT S34 21 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE V\ ORK ELECTRICAL DUCT BANK AND WATER MAIN S801 660 00 VILL AGE CIVIC CEN I ER SITE & SITE IN FR &STRUCTURE WORK PHASES 1 2 3 & 5 (INCLUDING STATE SCHOOL FF S ANITAR SE\\ ER FORCE MAIN) CONSTRUCTION MAN AGER S CONSTRUCTION PH ASE FEE S62 630 00 CONSTRUCTION MAN AGER S ON ERHE AD & PROFIT S67 483 00 CONSTRUCTION BUDGET BALANCE S1 49 011 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE &. SITE I\ FR ASTRUCTURE WORK VILLAGE COMMU\In CENTER (RECRE ATION CE\TER) CONSTRUCTION MANAGER S CONSTRUCTION PH ASE FEE CONSTRUCTION MAN AGER S ON ERHE AD S,, PROFIT CONSTRUCTION BUDGET BALANCE OWNER S CONSTRUCTION BUDGET VILL AGE COMMU \IT1 CENTER ( RECREATION CEN 1 ER) S9 818 670 00 OWNER S TOT4L CONS I RUCTIO/\ BUDGET (ALL PHASES) S1 )89 12, nO S.)64 4-) 00 S42_ 81400 S8 831 401 00 S23_227 082 00 RESOLUTION NO 2002-30 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A JOINT PARTICIPATION AGREEMENT WITH THE MIAMI-DADE COUNTY PUBLIC S CHOOLS (SCHOOL D ISTRICT) F OR THE INSTALLATION OF AN EIGHT (8) INCH SANITARY SEWER FORCE MAIN IN CONJUNCTION WITH THE PROPOSED ADDITION AT THE KEY BISCAYNE COMMUNITY SCHOOL, APPROVING CHANGE ORDER TO THE SCOPE OF WORK WITH JAMES A CUMMINGS, INC TO CONSTRUCT THE FORCE MAIN, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Miami -Dade County Public Schools (School Distnct) is constructing an addition to the Key Biscayne Community School, and WHEREAS, the Miami -Dade Water and Sewer Department is requiring the construction of an eight (8) inch sanitary sewer force main on McIntyre Street from the existing school to Crandon Boulevard, and WHEREAS, the Miami -Dade County Public Schools (School District) has approved a Joint Participation Agreement with the Village wherein the school distract will reimburse the Village for all expenses associated with the construction of the force main NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the attached Joint Participation Agreement is approved Section 2 That the attached June 20, 2002 Request for a Change Order to the Agreement with James A Cummings, Inc is approved Section 3 The attached plans prepared by Spillis, Candela, and Partners, Inc are approved Section 4 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 23rd day of July , 2002 MAYOR JOE I RASCO ST CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIEN RICHARD JAY WEISS, VILLAGE ATTORNEY