HomeMy Public PortalAboutAmendment No 08AMENDMENT TO AGREEMENT
BETWEEN OWNER AND CONSTRUCTION MANAGER
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, Flonda (the "Project")
#8 (Demolition of Concealed Conditions located at Police
& Administration Building Parking Lot)
THIS AMENDMENT made this 6th Day of May in the year Two Thousand and Three
By and between the Village of Key Biscayne, Florida, a Flonda municipality, (the "Owner") and
James A Cummings, Inc
a Flonda 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 Flonda (the "DMS")) has previously entered mto the
Agreement between the Owner and Construction Manager, and
WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6 and
7, and
WHEREAS, it is now necessary to revise the Agreement to include additional work resulting
from the discovery of concealed conditions below the surface of the new Police &
Administration Building Parking Lot, and to delete references to DMS as agent for the Owner as
to the Parking Lot 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 Unforeseen Conditions located in the
Police and Administration Building Parking Lot 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
$23,267,167 00 (which includes the $40,085 00 GMP for the remediation of concealed
conditions at the Police & Administration Building Parking Lot)
(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, 6 and 7) to the Agreement, the Guaranteed Maximum Pnce (GMP) for
construction of the Project, is based upon the following drawings and other supporting
documents
a Proposal #R -109P to the Village of Key Biscayne from James A Cummings, Inc ,
dated May 5, 2003, and as directed by Spillis Candela DMJM in response to RFI
#I003, dated February 26, 2003 which are attached hereto as Exhibit "A "
b 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 Parking Lot component of the
Project 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 descnbed 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 Building
Parking Lot component of the Project,
b Establishment of the GMP for the remediation of concealed conditions located at the
Police & Administration Building Parking Lot in the amount of $40,085 00, and
establishment of the GMP for the Project of $23,267,167 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 PcL,wsut& !Cu -(-vi
By Lk)
.., ,
Corporate Secretary William R Derrer, Corporate President
James A Cummings, Inc
Witnessed
By
I iTNc(I4L/fKe
(print name)
By
2,:\e"L"c- ---Le.-441A)-.6)1.c1/4.-14----
(print
name)
VILLAGE OF KEY BISCAYNE
ttest
Village Clerk �% ��,, ;_ :'manager,
Approved as to form an ' legal sufficiency
By
1 age Attorn
nr� ,i•
103001 \agreements\amendment to a:"} nt between owner and construction manager
(Corporate Seal)
EXHIBIT B
OWNER S CONSTRUCTION BUDGET
ITEM DESCRIPTION CONSTRUCTION BUDGET
CONSTRUCTION MANAGERS 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 $527 392 00
CONSTRUCTION MANAGER S OVERHEAD & PROFIT $457 223 00
CONSTRUCTION BUDGET BALANCE $9 862 250 00
SUBTOTAL CONSTRUCTION COSTS $10 846 865 00
ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00)
SUBTOTAL $10 687 599 00
OWNER S CONTINGENCY $256 924 00
OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $10 944 523 00
OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE
WITH PRECONSTRUCTION FEE 51L057.713 00
VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN
CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $119 226 00
CONSTRUCTION MANAGERS 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 5801.660 00
VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2, 3 & 5 (INCLUDING STATE
SCHOOL FF SANITARY SEWER FORCE MAIN)
CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $62 630 00
CONSTRUCTION MANAGER S OVERHEAD & PROFIT $67 483 00
CONSTRUCTION BUDGET BALANCE $1 459 011 00
OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE
INFRASTRUCTURE WORK $1,589,124 00
VILLAGE COMMUNITY CENTER (RECREATION CENTER)
CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $564 455 00
CONSTRUCTION MANAGERS OVERHEAD & PROFIT 5422 814 00
CONSTRUCTION BUDGET BALANCE $8 831 401 00
OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER
(RECREATION CENTER) $9,818,670 00
OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $23 267 167 00
(&)
EY-14 lit rk---- . .--
James A Cummings Inc
3575 Nortnwes 53rd S rear
Fort Lauderdale FL 33309
c
umrninc1s
Genera Contractors
\./---- -"
May 5 2003
Village of key Biscavnn.
Police Department
85 West McIntyre Street
Key Biscayne, FL 33149
Phone 954 733 42 1
Fax 954 485 9688
4'1ebsite
vv, u),,amesacurnn n s Lon
TRANMITTED VIA FAX
ATTN Mr Jud Kurlancheek
RE KEY BISCAYNE CIVIC CENTER
REVISED CHANGE ORDER REQUEST R -109P
FOUNDATION DEMOLITION @ EXISTING POLICE & FIRE STATIONS
Dear Mr Kurlancheek
James A Cummings, Inc is submitting Revised Change Order Request R -109P which incorporates the
removal of unforeseen conditions (foundation system see letter dated March 7 2003) and the installation
of additional fill material needed to bring the site to working grade elevations an additive change order in
the amount of $40 085 00 is required Please see attached backup and summary form and subcontractor
quotations for a recapitulation of this amount
If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this
office at (305) 361-9227 for discussion
Sincerely
JAMES A CUMMINGS, INC
Al: .. der Smith Jr
Pr, - ct Manager
Cc Rick Derrer JAC
Rob Maphis JAC
Jere Lahev DMS
Eugene Santiago \' KB
Armando\untz \ KB
FILE
z.- rk-11- ci--- A
James A Cummings Inc
Proposal Summary Form
Village of Key Biscayne
R 109P Foundation Demolition Unforseen Conditions
4\
Ciu
ummings
L, , , ,
! r
4,
SECTION
DESCRIPTION OF WORK
LABOR
MATERIAL
SL BCONTRACT
02 Miami Wrecking Inc
Removal of 982 Cubic Yards of Additional
Matenals
$34 370
02
Megatran Inc
Removal of Pilings (8) for Exfiltration Trench
Installation
1
$558
Removal of Pilings (26) for Exfiltration Trench
Installation
$1 260
01
Construction Phase Extension
($2 080/Per Day Allowed By Article 8 1 2 1 B) 1
Amount Reduced By Cummings
$3 500
1
i
SUBTOTAL
LABOR BURDEN
SALES TAX
SUBTOTAL
TOTAL
OVERHEAD (4 5%)
SUBTOTAL
PROFIT (Included in Overhead above)
SUBTOTAL
BOND
TOTAL
$0
$o
$39 688
0
$o
$o
50
539 688
$39 688
NONE
539 688
NONE
$39 688
5397
540 085
MM MI
WRFC*/NQ CO
F.T-A.-k-k ‘4-1--- A
`1 -za 1' 20433
J j •n es 4 Cummings, Inc_
Kay Biscayne Civic Center
Job Site Phone (305) 361-9227
Job Site FAX (305) 361-5647
ATM Alex Smith
RE Key Biscayne Civic Center
Foundations of Existing Police and Fire Station
Dear Mr Smith
i
Miami Wrecking Co has performed the removal of uckaownkncrete slabs and
foc.ndations
The Elevations determined by James A Cummings and trucldticket documentation
provided by Miami Wrecking Co
To date the agreed quantities come to 982 cu yds which at tie contract price of S35 00
per cu yd comes to the sum of S34,370 00
Because of the harsh abuse our equipment endured, due to the unusually large concrete
removal I can not offer a discount from the pncing above
Also, Miami Wrecking Co requested a change order that approved on 3/30/2002 b Frank Sedmak which we have not received (Enclosed) y
Sincerely,
Miami Wreclong Co
6, 4,3Q..1,_ ,.,..,
Kenneth Chaiken
RE CET
i, VED
i'lA 1 5 7003
1,'i 1 L Vm1r1�i\r�
,vssir _ �� !tic
5 ?033 W ,i( . 4fA 8 RD SUITE f •
PflMPANQ SCH FL 3J069 • 954-97i-6055 •FAX 9S4• 975-5 •54S
"
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J T E L D C H I N I G E O R D E R # j ( , 4 3 6 O , i / 0 3
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2 6 . y o '. G D f 4 ' > ��t y H . u d e / A l G : " s
l h f l u s e 3 i = / Z / i 4 6 ��4 , . c y
A C C E P T A N C E O F C H A N G E O R D E R R E Q U E S T
T h e a b o v e s p e r , f l c a t i o n i A n d c u u c ] z l i t i n s a r c l e e r e b y a c c e p t e d a n d a c o l r e s p o n d i n g c h a n g e o r d e r
1 4 1 1 1 b e p r e p a r e d 1 o a a r e a � t h o r r z c d t o d o t h e w o r k a s s p e c i f i e d
A c c e p t e d S i g n a t u r e
s f �� C u r n r n i r g s
D v e
apH
re: at
t.lstti and E1ectr-cal Coca -actors
^cry; on \fan emert
Trrzr rmtted via Fax to 70i-361-564"
"J
Pro3ecT Maraze-
Tames A Cummings Inc
3575 NW 53'° St^eet
Tort Laude -dale Florida 33309
RE "Village or Kev Biscayne Police Department Change Order Request
Dear Mr Smith
As per James A Cummings Inc 's request please find below the additional cost for the removal of
the concrete pile removed by Megatran s crew dunng the installation of the drainage system in the
police park .ng lot
■ Demo clear and haul away (26) concrete piles removed by Meetrsn
Total — $ 1,0r0 no
+10% Overhead = .5 1115 01)
+10% Profit = 5 105 00
Total of this Change Order Request = $ 1,260 00
We would resoecrTutly request the preparation of a Change Order to our subcontract in the amount
of 51,260 00 for the cost of this out of scope
Sincerely
Michael B ALos a, PE
Pi esi dent
RECEIVED
APR 2 2 2003
!arn es A Cummings Inc
Key Bisca, re Civic Cen+er
„1
• ' (11-1 F ordiZ ) 1 2 • ' f - 4_ ,0^ ♦ FAX (10) i)2 423
E744 --H3
James A Cummings Irc
rL 3:
urnnhinc s
Gc'e Contrcc Cr,
fqr h 7 -`10's
illage ot Key B1sLa\ ne
Department ot Building Zoning, and Planning
88 West McIntyre Street
Key Biscayne FL 331.19
JJ 4_'
roc
TRANSMITTED 'VIA HAND DELIVERY
ATTN Mr Jud Kurlancheek, Director
RE KEY BISCAYNE CIVIC CENTER
FOUNDATION OF EXISTING POLICE & FIRE STATIONS
Dear Mr Kurlancheek,
James A Cummings Inc and it subcontractor Miami Wrecking is progressing w zth Demolition of the
existing Police and Fire Stations located at 85 West Enid Drive Unforeseen Circumstances have arisen
concerning the foundation system The concrete slabs and foundation systems under the existing Police
and Fire Stations are ranging from 12' to 66 +/- in depth see attached sketch This foundation system
was not accounted for in the GMP proposal or indicated on the drawings
James A Cummings, Inc is tracking the quantities of the materials being excavated in two ways (1)
Truck Loads counts are being tracked and (2) the establishment of elevations, post and prior to
demolition to indicate volume of materials excavated To date three (3) of the four (4) existing
Police/Fire Station and Trailer slabs have been removed totaling approx 813 cubic yards of materials
James A Cummings, Inc is responsible for the removal approx 263 cubic yards The demolition Work
of the Apparatus Bay slab remains Once the Apparatus Bay quantities are determined they well be
forwarded to the Village of Key Biscayne
James A Cummings Inc reserves it right to request compensation for costs and a time extension, which
may result from this schedule impact 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 time once these impacts become apparent we will advise you accordingly
If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this
office at (303) 361-9227 for discussion
Sincerely
JAM S CL M\IINIGS INC
der Smith Jr
ect Mana_er
C. Jacqueline \1enr.n jcz \ KB Rob \Iapht J
Eu ene Santia` \ KB Rand Ea,.h i, J AC
Armando Nunez \, KB Lantz HoltzhoNAer J \L
Kenn\ Chatken \1' 1mi eLkm, FIE F
04\1S cr
Request for Information
um min s
Iletailkd OA about Collaboration) ,mupLci b‘ 'Numb..
key Biscayne CtMic Center
88 V4 est ' ILIn�TL Street
key Biscayne Flo ida » 149
Project # 99 1 38 James A Cummings Inc
fel i0) 361 922' Fax 361 •647
R.FI f# I003 Date Created 2'26/03
To Company Attention Author Company Authored By
_ Spillis Candela DMJM
Roberto Lage
James A Cummings Inc
530 Crandon Blvd
Key Biscayne FL 33149
Lantz Holtzhower
Subject Discipline
Grading and Drainage - Police Station Civil
Cost Impact
Amount Sched Impact Days Dwg Impact
0 0
Cc Company Name
Contact Name Copies Notes
Village of Key Biscayne
Eugenio Santiago 1
Question
Date Required 3/5/03
Please refer to Sheet C3 1 01 and the attached sheet indicating the area m question.
During demolition and removal of the foundation at the old Fire and Police Stations A
Piling Foundation System was discovered at 6 o c
The location of C B No 4 may be m conflict with the existing piling foundation along with
the 47 L F of Exfiltration Trench (see attached)
if this scenario exists can both C B No 3 & C B No 4 be relocated (approx 4-0' +I-) East
or West to accomodate the Exfiltratton Trench install
Please review and revise drawings if necessary
Suggestion
Answer Company
Answered By Co -Respondent
Spillis Candela DMJM Roberto Lage
Answer Date Answered 5/203
Yes catch basins can be relocated as necessary to avoid pilings Rim elevations to remain as per plan
Prolog tfunager Punted on .5 '5 J.)
�laud�a ,trn-r prolog manag projects kham_tntra pmd Page 1 of 1
CvifffA i s
J-115
L
L Request for Information
AEI
Dcmilai (wstnout Callabor,osl), gran ped by Numl r
Key Biscarue Rtcreshaa Ceater
SR Wes[ McIntyre Street
Key Sucsync, Florida 33149
Protects 99 l -3S JAMES A (12M LNG INC.
TeL 305-361 9227 Fcz 305-361 5647
RFD/ 1iiO3
To Casa P.sy
Usk Crested f36W
Attestban
Anther Compaay Authored ay
- Spas Candela DMJ'M Roberto Lage JAMES A. CUMMINGS, Lantz Hohzh wrr -
INC.
88 W McIntyre Sc
Key B rse, FL 33149
moo
Subject Diselpti.e
Grading and Drainage - Police Station Ctvtl
Cat Inspect Amount Sebad lspact Dan Dwg Impact
0 p
Cc. Company Name
Contact Name Copses Notes
Village afKcy Biscayne Eugcaio Santiago
1
aka Deft Ragtime 3/6/03
Please refer to Sheet C3 1 01 and the attached sheet tndicztmg the area m quesioo.
Dieing dominion and removal of the foundation at the old Fire and Police Stations A
Pilmg Foundation System was discovered at 6' o.c
The locatiton of C B No 4 may be m conflict with the egg piing foundsdon, along with
the 47 LF of Exfiltratiaa Trench (see attached)
if than seenano ousts ter both Cli No 3 & C3 No 4 be relocated (appmx. 4 -0" +/^) Past
or West to accomodate the Fitdration Tioach install
Please review and revise drawings if necessary
Suggestses
Aatrwer Company
Spills Candela DMJM
Answered By
Roberto Inge
Co -Respondent
Aarwetr
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RESOLUTION NO 2003-16
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF
KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING
PAYMENT FOR WORK OF DEMOLITION OF CONCRETE
SLAB AND RELATED REMEDIATION OF SITE
CONDITIONS IN THE VICINITY OF THE PARKING LOT
COMPONENT OF VILLAGE HALL/POLICE STATION,
AUTHORIZING AMENDMENT NO 8 TO AGREEMENT
BETWEEN OWNER AND CONSTRUCTION MANAGER
CONCERNING ITEM DESCRIBED ABOVE, PROVIDING
FOR SPECIFICATION OF FUNDS FOR ITEM DESCRIBED
ABOVE, PROVIDING FOR EFFECTIVE DATE
WHEREAS, demolition activities m the vicuuty of the parkmg lot for the Village Hall Police
Station had disclosed the presence of a large 4-5 foot thick concrete slab which was part of the
structure that previously supported a water tower at the site, and the necessity for demolition and
removal ofthese materials has caused an unforeseen structure removal cost as designated herein, and
WHEREAS, it is necessary to amend the Agreement between the Village and Construction
Manager to implement payment for the work authorized herein, and
WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed
as indicated in this resolution
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS
Section 1 Recitals Adopted That each of the recitals stated above is hereby adopted and
confirmed
Section 2 Work Authorized That the demolition ofthe concrete slab descnbed above and
related remediation work at a cost not to exceed $40,085 00 is hereby approved The cost of this
work shall be paid from the construction budget of the Project
Section 3 Amendment To Agreement Approved That Amendment No 8 to the
Agreement between Village and Construction Manager, m substantially the form, attached hereto,
is hereby approved and the Village Manager and Village Clerk are hereby authorized, m their
respective capacities, to execute the Amendment to Agreement on behalf of the Village, once
approved as to legal form and sufficiency by the Village Attorney
Section 4 Implementation That the Village Manager is hereby authorized to take any and
all action necessary to implement the purposes of this resolution and the Amendment to Agreement
Section 5 Effective Date That this resolution shall become effective upon its adoption
PASSED AND ADOPTED this 10th day of June, 2003
eior(r0(41.4
MAYOR ROBERT OLDAKOWSKI
.fricziaefe
HITA I -I ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS T e FORM AND LEGAL SUFFICIENC
VILLAGE AT O'
F \103001\Resolutions\demolit►on of concrete slab re civic center project
2