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HomeMy Public PortalAboutAmendment No 13RESOLUTION NO 2003-41 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE COMMUNITY CENTER COMPONENT OF THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT N 0 13 T 0 A GREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authorize the expenditure of Village funds for construction items for the Community Center component of the Village's Civic Center Project (the "Project") as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authonzed 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, Specification Of Funds A That the construction activities for the matters descnbed in Amendment No 13 and in Exhibit "A", attached hereto, are each hereby approved and authonzed B That the fund amount and source for the work items are hereby authonzed and approved as descnbed in Exhibit "A " Section 3 Amendment To Agreement Approved T hat A mendment No 13 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authonzed, in 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 authonzed 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 2nd day of December , 2003 MAYOR ROBERT OLDAKOWSKI CHITA H ALVAREZ, CMC, VILLAG APPROVED AS TO FORM AND LEGAL SUFFI VILLAGEATTO E F \103001\Resolutions\auth g construction expense items 11 5 03 2 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, Florida (the "Project") AMENDMENT NUMBER #13 (Work and Time Associated with Construction Schedule Impacts for the Village Community Center ) THIS AMENDMENT made this 30th Day of October 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, 9, 10, 11 and 12, WHEREAS, it is now necessary to revise the Agreement to include Work and Time Associated with Construction Schedule Impacts 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 and Time Associated with the Construction Schedule Impacts 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 Pnce — the Guaranteed Maximum Pnce (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined m Article 7 1 of said Agreement shall be $21,777,206 59 (which includes the $327,744 00 GMP for the Work and Time Associated with Construction Schedule Impacts for the Village Community Center as listed below in item 2 a for the Village Fire Rescue, Police and Administration and Community Center Buildings ) (2) Drawings and Other Supporting Documents — m addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12) 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 -15C to the Village of Key Biscayne from James A Cummings, Inc , dated October 27, 2003, indicating Construction Schedule Impacts and a Revised Final Completion Date of October 9, 2004 for the Community Center (Amendment No 5) portion of the Village of Key Biscayne Civic Center Project, which are attached hereto as Exhibit "A 1 " b The revised Project Budget, which is attached hereto as Exhibit "B " (3) 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 a Establishment of the GMP for Work and Time Associated with Construction Schedule Impacts for the Village Community Center in the amount of $327,744 00, and establishment of the GMP for the Project of $21,777,206 59 This Amendment constitutes an accord, satisfaction and final settlement of all Work and Time Associated with Construction Schedule Impacts for the Village Community Center as to any matter, cost or expense arising or occurring pnor to issuance of Field Change Order No 3 on September 8, 2003 (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 q2,VLJCL j(Lt;) Corporate Secretary Witnessed By By Approved as to form and legal sufficiency By G�su /57 igA77`CC / (print name) Village Attorney By Willi r, orporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE 1030011agreements\amendment to agreement between owner and construction manager (Corporate Seal) EXHIBIT 3 SKYLINE MANAGEMENT GROUP SfDig Description Scone VILLAGE of KEY BISCAYNE Rostra CIVIC CENTER PROJECT 'Project Cost Summary I Community Center 6 Amendment 6 12 Amendment 10 18 Amendment 11 14 Amendment 12 17 Future Amendment 23 Future Amendment 24 Future Amendment 31 Professional Fees 32 Professional Fees 33 Professional Fees 34 Construction Program Manager 35 Construction Program Manager 36 Environmental Consultant 37 Testing /Threshold Inspection 38 F6ctures Fumlture Equipment Community Center Building Community Center Misc Modifications Community Center Additional Sheet Ping Community Center Recharge Dewatering System Community Center Re -design Community Center G C Delay Cost Community Center Delay Addnl. Builders Risk Ins. Community Center Original Design Community Center Redesign Community Center Time Extension Community Center Representation Community Center Scope / Time Extension Community Center Ground Water Contamination Community Center Community Center Cost 8 9,818 670 40 043 $ 56,265 $ 817"28 $ 395,483 $ 327 744 i 84799 $ 499 500 i 233 655 i .-85:600 i 200 000 i 120 000 i 275_,0O0 - i 166 Q00 i 650 000 'TOTAL COMMUNITY CENTER COST $ 13,033,881 I October 21,2003 Approved Pending Pending Pending Pending Pending Pending Actual Cost Actual Cost Estimated Expense' Actual Cost Esthnaied Expense Impact Cost Estimated Expense, frripact Cost Estimated Expense Estimated Expense Added Value Added Value Impact Cost impact Cost Added Value 1—mpact Cost Iriipact Cost 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 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 $9 878 355 00 AMENDMENT NO 09 - OWNER REQUESTED CHANGES $232 893 00 SUBTOTAL CONSTRUCTION COSTS S11 095 863 00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $10 936 597 00 OWNER S CONTINGENCY $256 924 00 OWNER S GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11 193 521 00 OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11,306.711 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 (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 $771 920 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $425 691 00 CONSTRUCTION BUDGET BALANCE $9 141 302 00 OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER) $10.338,913 00 EXHIBIT B (cont'd ) OWNER S CONSTRUCTION BUDGET OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 (Si 140 899 62) OWNER CHANGE ORDER NO 2 ($1 118 301 79) SUBTOTAL OWNER S CHANGE ORDERS (S2259201 41) OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $21 777 206 59 1 CJ/ Jt7! ZUCIJ 11 JO Jt730 / JZOLU K Y L 1 Nt. MUM I UKUUF' PAGE 01 Oct 30 03 02 08p Itey Biscayne Civic Center 3053615647 P 2 "a-5944413 k k. I '. I Caerwarrallra Si s October 27, 2003 SKYLINE MANAGEMENT GROUP [NC 88 West McIntyre Street Key Biscayne, FL 33149 James A Cummings, inc 3575 Northwest 53rd Strve Fort Lauderdale FL 33309 Phone 954-7334211 Fax: 954^4185 9668 Webette www iarnesacumrnIngs CAM TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER REVISED PROPOSAL, R I5C COMMUNITY CENTER IMPACTS Dear Mr Abbott, Due to impacts beyond the control of James A Cummings Inc regarding the construction of the Village of Key Biscayne Community Center, an additive change order to the amount of 5327,744 and a time extension of 194 Calendar days is required Please see attached summary forth and subcontractor quotations for a recapitulation of this amount At the request oldie Village of Key Biscayne, Builders Risk Insurance (584,793) is not included in this change order request The current Builders Risk Insurance Policy for the Community Center (Amendment No S) portion of the Village of Key Biscayne Civic Center Project expires in May 2004 The unpacts of the Work preceding this change order request are limited to the Conununaty Center, as delineated in James A Cummings, Inc correspondence dated December 3, 2002, January 28, 2003 May 5, 2003 June 6, 2003 and Village of Key Biscayne correspondence dated February 27 2003 Pursuant to Articles 10 and 16 of the Agreement Between the Owner and the Construction Manager, this 4W request for time extension of 194 Calendar Days establishes a revised Final Completion Date of October 9,milu.—' 2004 for the Community Center (Amendment No 5) portion of the Village of Key Biscayne Civic Center Project If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (30S) 361-9227 for discussion Sincerely, Reviewe. & Approved J ' UMMINGS, INC S n ` NAGEMENT CROUP, INC, 1, • so . o 3 Cc Rick Dernr IAC !Eric Squilla, JAC 64 a Abbott /VKB/SMO Project Director A c `t�••l`.�e,Q` eon. " '1 !. Pb.p.1lu4.. L►io4 "Bot,liZ StirrTUSIOADAre AS, LL mirW `i '4• dIPICr 1 Cfrvta►"S IWir "r4".blunt 'T'I'C C 4 wi Ln..3 t naLA cti,rre,, . s . James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -15C Community Center Schedule Impacts (Revised) cr' N. umminas SECTION I DESCRIPTION OF WORK 1 LABOR MATERIAL SUBCONTRACT 01 JAMES A CUMMINGS INC 1 —� Construction Phase Extension - (139 Working Days) 4 $207 465 ,,, This Extension in Construction Phase Includes a Time Extension of 194 Calendar Days and Establishes a Revised Final Completion Date for the Community Center of October 9 2003 ,t, Builders Risk Extension ($84 793 - Not Included at the Request of the Village of Key Biscayne) 02 HJ FOUNDATION Rental of Sheet Piling Additional - (137 Calander Days) ($192 15/Per Day) $26 325 03 FORMWORKS INC General Conditions & Matenals Increase ($31 594) $15 797 Direct Costs - Venders/Suppliers ($37 299) $18 6501 Gnffin Dewatenng Equip Rental - (137 Calendar Days) ($369/Per Day) I $50 553 i 16 FISK ELECTRIC CO General Conditions ($17 907) + $8 954 I -J- - - -I I SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $0 $0 $327 744 $0 00 $0 $0 $0 $327 744 $327 744 N/A 1 $327 7441 N/A $327 7441 1 N/A $327 744 10/30/2003 JAMES A CUMMINGS INC 1 (2) FOUNDATION Octobi r 15, 2003 James A. Cummings, Inc 3575 Is W 53rd Street Ft Lai. derdale, FL 33309 Attenti m Mr Alexander Smith, Jr Subject Key Biscayne Tennis Center Steel Sheet Piling Rental Gentle! ten r f- zi ...Litt Key L. i' r Iffy-, The ste ;1 sheet piling for the above -referenced project was rented for 137 calendar days 4 % mo aths beyond the contract rental period We request a change order at the Y subconl Tact unit rate of $5,850 per month, a total of $26,325 for this additional rental Thank 1 ou for your attention to this matter Very tri ly yours, HJ FOL NDATION //1/k v Edwin `T Hickey Presider t EWH/r& P \Estunates.ptt posahlERV\Kay. 8ucayne Rcc C ntertI01S0311r doc ii c L1t€r Form Works, Inc. Key Biscayne Community Center Summary of Damages for Contaminated Soils Delay REV 1 General Conditions & Material Increases - 94 Days 4/24/03 - 9/8/03 Storage trailer Safety Equipment & Expendables Trucks / Vehicles- (2) Tfevel;Gem f Tells Rental Rate Difference of Wall Panels 2 MO $1,070 92 $2,141 84 from FWI owned to Outside Rental (See attached Breakdown) Decking Matenals Increase 1 LS $16,100 00 $16,100 00 Including Plywood and Lumber (See attached Breakdown) SUBTOTAL FWI 15% Overhead & Profit FWI Did Prey a Total General Conditions & Material Increases- 4/24/03 - 9/8A itlrzleS Page 1 of 2 -11 _ � ,L� -I t p, 277,-(1 --X4,232 22 $227 1 Ittal Direct Cost - Delays 94 Days/137 Calendar Days 4/24/03 - 9/8/03 KA Lumber Reinforcing Price Increase Original $ 77,000 versus $ 98,216 (See Attached Quotes tax excluded) Suncoast Post Tension Cable Original $ 25,100 versus $ 32,900 Bar Supports Original $ 5,900 versus $ 6,600 (See Attached Quotes tax included) Griffin Dewatenng Standby $21,216 00 $7,800 00 5700 00 137 DAYS $369 00 $50,553 00 (137 days are calendar days for 94 working days) Subtotal $80,269 00 FWI 15% Overhead & Profit 57,582 95 Total Direct Costs - 4/24/03 - 9/8/03 TOTAL REA et kikicveT) 3-14 2219 &P itil ,4t) 3�'' c L Page 2 of 2 $87,851.5 & A P%" r• • n n �1 1 LV,.1L.V.V.7 I 1 -RCM GRIFFIrd DEW i 1.--: IG SLJF! Fy NO JS4tiEgg3.' 1". Ort E 2nc: ©1 --FM °i. FORMWORKS 4951 S W 34rx PLACE FT LAUDERDALE, FLORIDA 33314 ATTENTION STEVE BINFORD SUBJECT EQUIPMENT STANDBY RENTAL RATE, KEY BISCAYNE RECREATIONAL CENTER Dear Steve IGRIFFIN Gnfbn Dewarer+ng S el Pot de L L C 1321 V N 1391 Avg Pcmpano Be3-h Ficrlas 33O Phone (9 .$) 969 8854 Fax (lisit7 969 9 7s 10-7-03 The monthly rental rate established to our iaitial agreement for usage of the dewatenng system after the first 60 days of on line usage is $500 + tax The standby rate for dewatenng system during its downtime at the Key Biscayne Project is $369 50 + tax (or 74% of its cost dunng usage periods) Dates for this charge are 4-28-03 through 9-9-03 and the dewatenng system was re- activated for its normal usage on 9-10-03 Please call us should you have questions Very Truly Yours 4 ,,i , David Handy 7 FISK 10125 N `\ 116`h \\ as Stta b. 14 Miami FL 33178 305-870-0988 OffiLe 305-870-0154 Fax JAMES A CUMMINGS, INC 3575 NW 53rd ST FT LAUDERDALE, FL 33309 ATTEN ALEX SMITH PROJECT KEY BISCAYNE REC CENTER SUBJECT COSTS FOR JOB DELA% DEAR SIR Date 9-08-03 Per your request we hereby submit to you the following request for equitable adjustment to our contract for the time extension incurred on this contract As you know, the job has been delayed five and a half months in startup, due to this Fisk Electric Co has incurred significant additional expenses Which it would not have incurred these extra costs if the Project had not been delayed Therefore, Fisk Electric believes it is entitled to an equitable adjustment to its contract The amount that Fisk Electric requests for equitable adjustment is (Eighteen Thousand Three Hundred and Ten Dollars) Based on the 5 5 months overrun of the original completion date It comprises of the following General conditions as per contract of 39,950 00 Original job time frame of 12 months equals = 3,329 17 per month Job over run of 5 5 months ^ 1 ,340-00-m extra expenses Yours , Stewart Matheson Project M inager cc Jack Maxwell Pat Clyne ne A cs't'Q'2 C \DocunlLnts rnd Settings\StL'A trt\Desktop KEY BISCA NE\df.' IN c.h 1r`c doe. 1 EXTENDED DIRECT JOJ EXPENSE Five & half(5 5) months Extension to the completion date of thin project, as compared to the onginal project schedule means that Fisk Electnc has to continue to incur Direct Project Job Expense on the Project. These extended duect job expenses were never included m Fisk Electnc s estimate and bid for this Project Fisk Electric is entitled to compensation for the en tre amount of its extended Direct Job Expense and those expenses are calculated as follows Category Field Telephone /Fax /DSL Nextel Foreman per mth Project Manager per mih Storage Tnuler (1) Ofoe Trailer (1) Average per Month 16500 44 50 970 00 630 00 7500 4500 Cu Telb, Inateaaloe Chucks) Direct Job Stte Expense Mal `Value of Fisk Electnc Tools Total Average Monthly tired Job Expense Time Extension (Months) Extended Direct Job Expense 15% Overhead & Profit Total S $ S 4400 1000 87 00 "4 8 1I,49775 i[1 `Maw maftM M 1 2 EXTENDED PROJECT SUPT RYIZION Due to the delays on the p+oject, Fisk Electric is forced to keep our Project Superviaton (Labor Supenntradent & Senior Project Manager) employed oa the Project throughout the extended penod of time without additional campcnsahoa. This expense, while necessitated by the extended performance rerouted on the project, was not considered nor included in our contract nice Therefore, we feel we should be reimbursed for such cost. Robert A Brown (8 hrs/month) $ 44 18/hr X 5 5 Months S 1943 92 Eddy Perrault (8 hrs/month) S56 40/hr X 5 5 Months $ 2,481 60• Sub Total $ 4 425 52 15% Overhead dt Profit $ 663 83 TOTAL $ 5,089 35 EXTENDED DIRECT' JOE EXPENSE 51322231(2„Acarr-u-----r TOTAL CLAIM $18,31166 2 James A Cummings Inc 3575 Northwest 53rd Stree Fort Lauderdale FL 33309 Cummincis General Contractors December 3 2002 Village of Key Biscayne Department of Building, Zoning and Planning 88 West McIntyre Street Key Biscayne, FL 33149 ATTN Mr Jud Kurlancheek, Director RE KEY BISCAYNE CIVIC CENTER REVISED DEMOLITION SCHEDULE Dear Mr Kurlancheek, Phone 954 733-4211 Fax 954-485 9688 Website wwwjarnesacummings com TRANSMITTED VIA HAND DELIVERY James A Cummings, Inc is providing a "revised" schedule of activities up to completion of the demolition of the existing village offices This schedule is revised from that indicated in Amend #5 GMP schedule due to the following, (1) The desire of the Village of Key Biscayne to not start demolition until after December 20, 2002, (2) FPL's inability to reroute services at the McIntyre Duct bank until January 20, 2002 It is our understanding that the Village of Key Biscayne is coordinating directly with FPL for the rerouting and de -energizing requirements Concerns over the easement/dedication issues between the Village of Key Biscayne and FPL for the Duct bank crossing of McIntyre must be addressed by The Village of Key Biscayne It is critical that these issues are coordinated with FPL as soon as possible, so that a "firm" date can be determined for FPL commencing their installation 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, MMINGS, INC Alex a(1 r Smith Prole Manager Cc Jere Lahev DEPARTMENT OF MANAGEMENT SERVICES via fax (904-359 6281) Rob Maphis, JAC Rand Eachus JAC Armando Nunez k KB P w D FILE James A Cummings, Inc 3575 Northwest 53rd Stree Fort Lauderdale FL 33309 1 urmn iinc1v.; Genera Contractors January 28 2003 Village of Key Biscayne Department of Building, Zoning and Planning 88 West McIntyre Street Key Biscayne, FL 33149 ATTN Mr Armando Nunez, Public Works Director RE KEY BISCAYNE CIVIC CENTER SCHEDULE IMPACTS DUE TO FPL WORK Phone 954 7334211 Fax 954-485 9688 Website 'WMjamesacummings com TRANSMITTED VIA HAND DELIVERY Dear Mr Nunez, As you are aware, the start of construction for the new Community Center is currently on hold due to work that is to be performed by FPL for the Owner This Work consists of installing a new pole, and power feeders and de -energizing the existing overhead lines, all of which is required for the safe and proper demolition of existing structures FPL (Al Solis) has advised that there are several issues preventing them from proceeding with this Work 1 The Village of Key Biscayne has not provided FPL documents required for proper planning and pncing of the Work 2 The Village of Key Biscayne has not paid FPL for other work that has already been finished The progress schedule has been significantly impacted by the inability to start demolition of the existing buildings In fact, the Community Center work has been impacted by at least eighteen (18) workdays Work for the new Administrative and Police parking area south of the new building has also been affected by FPL work We once again request the Village work with FPL to resolve all outstanding issues to enable their work to proceed If there is any support that James A Cummings, Inc can provide to resolve any issues, please notify our on -site personnel immediately Please note that James A Cummings Inc is stnving to mitigate further schedule impacts or resulting increases in construction costs However we must reserve the right to request compensation for costs and a time extension which may result from continued postponement of this work 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, JAMES A CUMMINGS, INC Ale x der Smith .fir Project Manager Cc Jud Kurlancheek, VKBBZD Jacqueline Menendez VKBVM Rick Derrer, JAC Rob Maphis, JAC Rand Eachus JAC Lantz Holtzhower, JAC FILE James A Cummings, In' 3575 Northwest 53rd Stree Fort Lauderdale FL 33309 Cu General Contractors May 5 2003 Village of Key Biscayne Department of Building, Zoning and Planning 88 West McIntyre Street Key Biscayne, FL 33149 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER COMMUNITY CENTER SCHEDULE & FINANCIAL IMPACTS Dear Mr Abbott, Phone 954 733-4211 Fax 954-485 9688 Website rvvw jamesacummings corn TRANSMITTED VIA HAND DELIVERY James A Cummings, Inc is in receipt of a letter addressed to the Department of Environmental Resources (DERM) authored by Village of Key Biscayne community members filing a written request for a Public Hearing before the board of Miami -Dade Board of County Commissioners The date of the filing with DERM is April 24, 2003 This written request for a public hearing will impact the substantial completion date of construction for the community center The impacts imposed on the construction schedule and the financial responsibilities ofJames A Cummings, Inc and its' subcontractors cannot be realized until the dewatenng/community issues are resolved James A Cummings Inc has moved forward with Work as directed by the Village of Key Biscayne in order to reduce the schedule impact provided by Village Council Resolution 2002-9 and the those impacts realized by Florida Power & Light not completing their work as scheduled Additionally, there has been an inquiry by a community member into the application for permit for installation of the three (3) Class V Wells The permit has yet to be issued by the Department of Environment Protection (DEP) As per conversation with Mr Pyara Wilkhu, DEP representative, once the permit is issued, a fourteen (14) day appeal period commences for the individual(s) filing the inquiry The impacts (if any) imposed on the construction schedule and the financial responsibilities ofJames A Cummings, Inc and its' subcontractors cannot be realized until the issues concerning the Class V Wells are resolved James A Cummings, Inc reserves it right to request compensation for costs and a time extension, which may result from thir. 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 efcienc' 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 JAMES A 1 �UMMINGS, INC Ale er Smith Jr Pro ect Manager Cc Jacqueline Menendez, VKB Rick Dever, JAC Rob Maphis, JAC Armando Nunez, VKB FILE James A Cummings, In( 3575 Northwest 53rd Stree Fort Lauderdale FL 33309 Curniminels General Contractors June 6 2003 SKYLINE MANAGEMENT GROUP INC 88 West McIntyre Street Key Biscayne, FL 33149 Phone 954 733-4211 Fax 954-485 9688 Websrte www;amesacummings corn TRANSMITTED VIA FAX (305) 573-2620 & USPS ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER CHANGE IN THE PROJECT FIELD CHANGE ORDER NO 002 Dear Mr Abbott We are in receipt of your June 4, 2003 Field Change Order No 002 directing the stoppage of dewatenng system work pending additional tests and recommendations from the Owner's testing/engineenng agent, Langan Engineering Pursuant to the June 6, 2003 meeting between Langan Engineering, Skyline Management Group, the Village of Key Biscayne and James A Cummings Inc it is our understanding that test results and subsequent authonzation to resume work will not be provided until July 1, 2003 This directive forces us to halt further progress of the Community Center dewatenng and foundation work Changes directed by this written order will have a significant impact on the schedule for construction, thereby increasing the cost and time for this Project The extent of time required is not presently discernable Once the impact is determined James A Cummings, Inc will submit a request for time extension and additional compensation according to the provisions of our Agreement If there are any questions or concerns regarding this matter, please do not hesitate in contacting this office at (305) 361-9227 Sincerely, JAMES Ale ;� er Smith, Jr Pr t Manager NGS, INC Cc Jacqueline Menedez VILLAGE OF KEY BISCAYNE via fax (305-365-8936) Jud Kurlancheek, VILLAGE OF KEY BISCAYNE via fax (305-365-5556) Armando Nunez VILLAGE OF KEY BISCAYNE via fax (305-365-5556) David Wolpin, Vv EISS SEROTA HELFMAN et al P A via fax (305-854-2323) Jose Aguila ROBERT G CURRIE PARTNERSHIP via fax (561-243-8184) Roger Archibald LANGAN ENGINEERING via fax (305-362-5212) Rick Derrer JAC Rob Maphis JAC FILE s VILLAGE OF KEY BISCAYNE Village Carsnci! Robert Oldakowski Mayor Jorge E Mendia Vtce Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fned James L Peters Robert L Vernon Director Jud Kurfancheek AICP Department of Building, Zoning and Planning DT February 27 2003 TO James A Cumin, s Inc FR Jud Kurlanche AICP, Director Building Zoning and Planning Department RE Old Village Hall Demolition As set forth in Village Council Resolution No 2002-9, the demolition of the Old Village Hall Building and the parking spaces cannot proceed until the Council addresses the parking shortfall that was caused when the 31 on street spaces were removed from Femwood Rd and McIntyre Street The Council will consider this item on March 18, 2003 This timing is consistent with the removal of the power lines and published progress reports in The Islander News All other construction should continue to proceed It is suggested that the demoltion of the building be set for March 19, 2003 Resolution 2002-9 was the result of meetings with citizens who were concemed about the impact of parking spaces on Fernwood Rd and the lack of green space on McIntyre Street This Resolution provided funding for the infrastructure The lack of citizen opposition for the funding of the infrastructure was based on the aforementioned provision dealing with parking Cc Jacqueline R Menendez, Village Manager Eugenio Santiago P E Chief Building Official Armando Nunez, Public Works Director 88 Vest 'McIntyre Street • Key Biscayne Florid i 33149 • (305) 365 5512 • Fax (305) 2/65 5556 N. f i