HomeMy Public PortalAboutAmendment No 07RECEIVED
AMENDMENT TO AGREEMENT APR 14 2003
BETWEEN OWNER AND CONSTRUCTION MANAGER
James A Cummings, Inc
Key Biscayne Civic Center
PROJECT NO
PROJECT NAME
AND LOCATION
AMENDMENT NUMBER
VKB-98069000
Village Community Center (Recreation Center)
Village Fire Station Police Station, and
Administrative Office of the Village of
Key Biscayne, Florida (the "Project")
#7 (Police & Administration Generator Building)
THIS AMENDMENT made this 11th Day of February in the year Two Thousand and Three
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,
Federal Tax I D Number 59-2098732,
(the "Construction Manager")
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 5 and 6
and
WHEREAS it is now necessary to revise the Agreement to commence construction of the
Police & Administration Generator Building, and to delete references to DMS as agent for the
Owner as to the Generator Building 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 include work for the Police and Administration Generator
Building and to identify its funding source 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 Guaranteed Maximum Price (GMP) for construction
of Project VKB-98069000 Village Community Center, Village Fire Station Village
Police Station, and Administrative Office of the Village as defined in Article 7 1 of said
Agreement shall be
$23,227,082 00 (which excludes the $72,760 00 GMP for the Police & Administration
Generator Building)
Costs for changes to the Police and Administration Generator Building are not included
in this Amendment Payment for this work in the amount of $72,760 shall be made
directly to Cummings by the Village of Key Biscayne via a FDLE grant In the event that
Cummings does not receive payment for this work, the GMP shall be increased by
$72,760 and payments shall be issued by the Village of Key Biscayne
(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 5 and 6) to the Agreement, the Guaranteed Maximum Price (GMP) for
construction of the Project, is based upon the following drawings and other supporting
documents
a Proposal #R -90P to the Village of Key Biscayne Police Department from James A
Cummings, Inc , dated January 14, 2003 which is attached hereto as Exhibit "A "
b Drawing sketches S/SK-14, S/SK-16, S/SK-17, A/SK-57 and A/SK-58, entitled "ITC
No 35 Generator Support Structure" dated 12-05-02 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 Police & Administration Generator Building 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
(5)
a Deletion of the services of the DMS for the Police & Administration Generator
Building component of the Project,
b Establishment of the GMP for the Police & Administration Generator Building in the
amount of $72,760 00 and establishment of the GMP for the Project (excluding the
Generator Building) of $23,227,082 00
c The Police & Administration Generator Building shall be funded by the Village of
Key Biscayne via a FDLE grant, in the amount of $72,760 00
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
written above
JAMES A CUMMINGS, INC
Attest
By Pct c1/4.. V r)...X.LA
Corporate Secretary
Wit essed
By
By
NC
(print name)
A
/1 eE
2.,_ 4,,,,,,,._....
�a Ic. e m v
(print name)
By
William R Derrer, Corporate President
James A Cummings, Inc
VILLAGE OF KEY BISCAYNE
illage Clerk ,',e i"ager
t1E
Approved as to form and legal sufficiency
By
Y f 1/ /7• -
Village Attorney
103001 \agreements\amendment to agreement between owner and construction manager
(Corporate Seal)
EXHIBIT B
OWNER S CONSTRUCTION BUDGET
ITEM DESCRIPTION CONSTRUCTION BUDGE'
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 82) 66) 00
SUBTOTAL CONSTRUCTION COSTS $10 806 780 00
ANTICIPATED OWNER SALES TAX SAVINGS (SI 69 266 00)
SUBTOTAL $10 647 514 00
OWNER S CONTINGENCE 8266 924 00
OWNER S GMP BUDGET FIRE RESCUE R. &DivIINISTRATION/POLICE $10 904 438 00
OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE
WITH PRECONSTRUCTION FEE S11,017,62S 00
VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK EI ECTRICAL DUCT BANK AND WATER MAIN
CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $119 226 00
CONSTRUCTION MANAGER S OVERHE kII) & PROFIT 534 )21 00
CONSTRUCTION BUDGET BALANCE $647 91i 00
OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE
INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN 8801,660 00
VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2 3 & 6
(INCLUDING STATE SCHOOL FF SANITARY SEWER FORCE MAIN)
CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $62 630 00
CONSTRUCTION MANAGER S OVERHEAD x, PROFIT $67 483 00
CONSTRUCTION BUDGET BALANCE $1 459 011 00
OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE
INFRASTRUCTURE WORK
S1,589,124 00
VILLAGE COMMUNITY CENTER (RECREATION CENTER)
CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $-b4 4.1100
CONSTRUCTION MANAGER S OVERHEAD & PROFIT $422 814 00
CONSTRUCTION BUDGET BALANCE $8 831 401 00
OWNER S CONS 'RUCTION BUDGET VILLAGE COMMUNITY CENTER
(RECREATION CENTER) $9 818,670 00
OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $23 227 082 00
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