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Amendment No 10
James A Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 I ummina s General Contractors MEMORANDOM TO Paul Abbott FROM Alex Smith Jr SUBJECT Village of Key 1 cayne Civic Center Amendment No 10 — Owner Directed Changes DATE July 22, 2003 Phone 954 733-4211 Fax 954-485 9688 Website wwwjamesacummings com Transmitted are five (5) copies of GMP Amendment No 10 for Owner Directed Changes for the Village Community Center executed by James A Cummings, Inc Please forward these documents to the Village with instructions to execute and return Two (2) copies to the James A Cummings, Inc Jobsite Office Thank you for your attention in this matter 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 cc FILE AMENDMENT 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, Flonda (the "Project") AMENDMENT NUMBER #10 (Owner Directed Changes for the Village Community Center ) THIS AMENDMENT made this 15th Day of July in the year Two Thousand and Three By and between the Village of Key Biscayne, Flonda, 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, 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 Flonda (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, 6, 7, 8 and 9, WHEREAS, it is now necessary to revise the Agreement to include additional work resulting from Owner Directed Changes for the Village Community Center 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 Owner directed changes for the Village Community Center 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 $21,280,901 59 (which includes the $40,043 00 GMP for the Owner Directed Changes as listed below in items 2 a to 2 c for the Village Community Center) (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, 7, 8 and 9) 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 -01C to the Village of Key Biscayne from James A Cummings, Inc , dated May 9, 2003, and as directed by Robert G Curne Partnership in accordance with RFI #C038B, dated Apnl 9, 2003 which are attached hereto as Exhibit "A 1" b Proposal #R -02C to the Village of Key Biscayne from James A Cummings, Inc , dated Apnl 28, 2003, and as directed by Robert G Currie Partnership in accordance with RFI #C050, dated June 9, 2003 which is attached hereto as Exhibit "A 2" c Proposal #R -03C to the Village of Key Biscayne from James A Cummings, Inc , dated May 6, 2003, and as directed by Robert G Currie Partnership in accordance with RFI #C035, dated February 24, 2003 which are attached hereto as Exhibit "A 3" d The revised Project Budget, which is attached hereto as Exhibit "B " (3) Changes in Agreement — vanous 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 Establishment of the GMP for The Owner Directed Changes located at the Community Center in the amount of $40,043 00, and establishment of the GMP for the Project of $21,280,901 59 (4) 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 Pa,vvPc KaiL4 Corporate Secretary Witnessed By By s a % �,� a,4 cC4/ o (print name) William R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE Approved as to form and 1 a sufficiency By 1 Village Attorney 103001\agreements\amendment ts'•greement 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 VILLAGE 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 AMENDMENT NO 09 - OWNER REQUESTED CHANGES $232 893 00 SUBTOTAL CONSTRUCTION COSTS $11 079 758 00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $10 920 492 00 OWNER S CONTINGENCY $256 924 00 OWNERS GM? BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11 177 416 00 OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11,290,606 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $119226 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 (INCLUDING STATE SCHOOL FF SANITARY SEWER FORCE MAIN) CONSTRUCTION MANAGERS 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 MANAGER S OVERHEAD & PROFIT $422 814 00 CONSTRUCTION BUDGET BAI ANCE $8 871 444 00 OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER) $9,858,713 00 EXHIBIT B (cont d ) OWNER S CONSTRUCTION BUDGET OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 ($1 140 899 62) OWNER CHANGE ORDER NO 2 (S1 118 301 79) SUBTOTAL OWNER S CHANGE ORDERS ($2,259,201 41) OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $21 280 901 59 1 ummings JAMES A CUMMINGS, INC OWNER AMENDMENT NO 10 BREAKDOWN PROJECT VILLAGE OF KEY BISCAYNE CIVIC CENTER REF Amendment #10 Community Center Owner Directed Change JOB # 99-1-38 PREPARED i DATE 07/1 r/03 APPROVED IOR DESCRIPTION AMOUNT SUB C 0 LABOR Labor $0 TOTAL LABOR $0 MATERIAL Bonds $310 TOTAL MATERIAL $310 SUBCONTRACT Concrete - CC (Formworks) $30 987 Elevators - CC (Schindler Elevator) $1 229--- L Tilt -up Concrete (C & H Conc) $5 993 f Vanity Supports (Steel Fab) $1 524 L Yes Yes Yes Yes 1 TOTAL SUBCONTRACT $39 733 TOTAL REIMBURSABLE $40 043 FEES Fees $0 TOTAL FEES $0 TOTAL AMENDMENT NO 10 $40 043 JAMES A CUMMINGS INC James A Cummings Inc 3575 Northwest 53rd Streei Fort Lauderdale FL 33309 I urrinidnc s Gnera( Contractor., Mav 9 200 Village of key Biscayne Department of Building, Zoning and Planning 85 West McIntyre Street Key Biscayne, FL 33149 Phone 954 733-4211 Fax 954485 9688 Website wwwjamesacummings com TRANSMITTED VIA HAND DELIVERY ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER REQUEST FOR CHANGE ORDER PROPOSAL #R -01C ADDITION OF 4" MUDSLAB Dear Mr Abbott James A Cummings, Inc is submitting Proposal #R -01C This proposal incorporates additional matenals and equipment for the installation of a 4' Mudslab as indicated by the Village of Key Biscayne and in response to attached RFI #CO3 8B Please see attached backup and summary for the work in the amount of $30 987 00 James A Cummings, Inc reserves it 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 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 (305) 361-9227 for discussion Sincerely, JAM CUMMINGS, INC er Smith ct Manager Cc Rick Derrer JAC Rob Maphis JAC Todd Hofterberth VKBRDD Jose Aguila Robert Cume Partnership FILE Request for Information ummincis 1 1 1 l i 111i Dttailed (v.ithout Collaboration) grouped In, Numbe key Biscayne Ct% it Center 88 West McIntyre Street Kev B1stavne Florida 3_, 149 Project # 99 1 38 James a Cummings Inc Fel 303 .,61 9227 Fax _103 )61 3647 RFI # C038B Date Created 4/9/03 To Company Attention Author Company Authored By Robert G Currie Partnership 134 NE 1st Ave Delray Beach FL 33444 Jose Aguila James A Cummings Inc 530 Crandon Blvd Key Biscayne FL 33149 Lantz Holtzhower Subject Discipline Protective Mud Slab Structural Cost Impact Amount Sched Impact Days Dwg Impact 0 0 Cc Company Name Contact Name Copies Notes Skyline Management Group Inc Paul Abbott 1 Question Date Required 4/16/03 The owner has reviewed the protective mud slab and has requested the following specifications The mud slab is to be a 4 4000 psi concrete slab (inclusive to the 34 required) with hook bars for connection to the mat foundation A finish is not required and the remaining 30 will be poured as specified m one (1) continuous pour Please furnish number size and location requirements for the hook bars Is reinforcing required for the 4 mud slab" If so please furnish requirements In order to expedite the placing of the material can the mud slab be placed m multiple pours" Please review and respond asap Suggestion Answer Company Answered By Co Respondent Robert G Currie Partnership Jose Aguila Answer Date Answered 4/1 x/03 a) 4 Thk Ft -4000 psi Mud Slab w 6x6 W 1 4 x W l 4 W W F Multiple pours are acceptable b) 30 thick foundation mat t c=4000 psi wi :6 J 14 o c top 46 @ 12 o c bottom c) Pro' ide 44 bars c 20 o L each wav to connc,ct mud slab to foundation mat Prolog Llanager Printed on 4 22 OJ Claudia Ferrer prolog manag projeLts kbam2tntra pmd Page 1 of f NUM RUBERT _F o- - 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Lttet ti c..I r•�+�� o tl 1 o GII� Nom heal Ooc Cs* Msaso iikytM tamale/0 Oroalt toe, Pal Abbot nob 1 atirir„Q. vow Amami Clasbr. 56 243 a &s 5 e'E►O3 Request for InFornauon Utasiesi vardAexi, C etb 'It+a^1. Vapirpol 1), /waver ?low 19-1,111 na. t>ra� Woo Tct: 3067. -92rW raw M W &I Ito virtl OS .361 Sie Isola ti __s O DOM Po bit TM owner 1s+ motewad too resew, sled slnp a+d has motor* sysetentions Tire rood slab is to he a 4' 4»)IN oareoso slob assisaho to the 14. molted) vile Mob tars Dm aoasaotsoo w tbe not foondotbei A WA is reit' illtred. arid Its runtish% 30" will tits voural asipacelod>a CM (1) coc1tA Age moot Moms hood* aausbtt: lfdc MA loath rWtrlrseeto for to boot burs. 1a r'irlosamd ?4uir•d for the 4 mod Age If so, plates Banish requirements. let ordcr •s emoilitoSAS ptoats oi'sbs'naterbt! eau dm mid midi be Owed to multi* Mrs? Maw sorkiw and reopood mo s VOW Saininave ,►froopo0 t� CoaorposrlMo A/nw►Cwlae7 .... - km A � ......� -bast 03 Goss.la'sadtip AtioOer -�' Ll h TNK4 AZ /kit SG44 �► f 6/c6 WI,YxW/,y cAiwr MJLrAS PAAS /9P4 hczeidrA8LE__ —3d` T}JK FDN f 9cczD 6i/ #6 Y"'iic X68/z o% BoTTB4 -- ffto Y g G.)/1Y com,lEci 1+La) Slhg FNNi M.AT; .1tite-8*- Sub wt ^sC`t1 t 'R t4,,.; R?� as as j dGv b^, FO S ► ..dy iit David Keeler Form Works, Inc 4951 S W 34 Place Ft Lauderdale FL 33314 954 587 0530 April 28 2003 General Contractor James A Cummings Inc Attention Mr Alex Smith Re Key Biscayne Recreation Center Mud slab per RFI * C038B Dear Mr Smith o� RECEIVED APR 2 8 2003 James A Cummings, Inc Key Biscayne Civic Center Please find our estimate o or additional la or+and eq uipment equ pment involved with changing the bottom 4 of the foundation mat to a mud slab Additional costs include three added mobihzabons for a concrete pump finishing crew and supervision and additional reinforcing steel wire mesh and associated labor and hoisting Estimate Mud slab bulkhead Wire mesh & reinforcing Place and finish (litterbug finish) Crane Dewatenng Concrete pump 250 If x 38 400 sf x 32 000 sf x $ 11 80 = $ $ 0 19 = $ $ 034 = $ 3 days x $ 900 = $ JAC added mud slab to save time therefore no change to dewatenng 3 days x $ 1 320 = $ 3 960 OHP & Bond at 16% Total change Order Amount Requested 2 950 7 296 10 880 2 700 $ 27786 16% $ 4 446 $ --32-22' "SC>, 97f-7 This estimate assumes all additional work will be released with in our normal construction sequence We reserve the right to update our request for change order should it effect our construction schedule and or means and methods at the time of approval Please call with any questions 6i,_ i t�L LN/ t NFL© James A Cummings Inc 3575 Northwest 53rd Street For Lauderdale FL 33309 Cummings General Contractors Apnl 28 2003 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 www jamesacummings com TRANSMITTED VIA HAND DELIVERY ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER REQUEST FOR CHANGE ORDER PROPOSAL #R -02C WHEELCHAIR LIFT Dear Mr Abbott, James A Cummings, Inc is submitting Proposal #R -02C This proposal incorporates the addition of a "Severe Atmospheric Condition Package (SAC option)' to the wheel chair lift located on the exterior of the building at the Pool area deck Please see attached backup and summary for the work in the amount of $1,229 00 James A Cummings Inc reserves it 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 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 (305) 361-9227 for discussion Sincerely, JAME A UMMINGS, INC Ale . : er Smit ' Jr Pr ct Manager Cc Rick Derrer JAC Rob Maphis JAC Todd Hofferberth VKBRDD Jose Aglaia Robert Currie Partnership FILE Cummin-s Request for Information Detailed («ithout Collaboration) 2roupcd b‘ Number hey Biscayne Civic Center 88 West McIntyre Street Key Biscayne Florida 33149 Project # 99 1-38 James 4 Cummings Inc Tel 30 361 9227 Fax 30 361 647 RFI # C050 Date Created 6/9/03 To Company Attention Author Company Authored By Robert G Currie Partnership 134 NE 1st Ave Delray Beach FL 33444 Jose Aguila James A Cummings Inc 530 Crandon Blvd Key Biscayne FL 33149 Alex Smith Subject Discipline Wheel Chair Lift Architectural Cost Impact Amount Sched Impact Days Dwg Impact 0 0 Cc Company Name Contact Name Copies Notes Question Date Required 6/16/03 Specification Section 14240 indicates a Hydraulic Wheel Chair Lift (See attached) The introduction of a 'Severe Atmospheric Condition Package (SAC option) is recommended to be used on Model #CDE 42 This model is a screw type drive vs the specified hydraulic (See attached) The manufacturer has stated that the SAC option can be Incorporated more extensixely on the CDE-42 than on the specified hydraulic lift Is this Screw type drive Wheelchair Lift acceptable for installation in lieu of the specified hydraulic unit" Please review and respond ASAP Suggestion Answer Company Answered By Co -Respondent Robert G Currie Partnership Jose Agutla Answer Date Answered 6/12/03 A screw type drive wheelchair lift is acceptable Prolog Manager Printcd on 6/12 Oi \Llaudia serverprolog manag project5\kbam2mtra pmd Page 1 of 1 R O M R O B E R T + a C U R R I E P A P T N E P S H T P P H O N E N O 5 b 1 ? 4 3 8 1 8 4 J u n 1 2 2 0 0 . 3 3 '