HomeMy Public PortalAboutAmendment No 21AMENDMENT 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 #21 (Revisions to State School "FF" Force Main at the
Village Civic Center)
THIS AMENDMENT made this 28th Day of July in the year Two Thousand and Five
By and between the Village of Key Biscayne, Florida, a Florida municipality, (the
"Owner")
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, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20,
WHEREAS, it is now necessary to revise the Agreement to include Work Associated
with the Crandon Streetscape Master Plan for the Village Fire Station, Police Station
and Administration and Community Center Buildings and Civic Center 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 Agreement to include, Work associated with the
Crandon Streetscape Master Plan scope changes and added Value Work, and to
identify its funding source, to identify the drawings, specifications and other documents
upon which the GMP is based, 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
$22,228,166 00 (which includes the $8,594 00 GMP for the Work Associated with the
Crandon Streetscape Master Plan scope changes and added Value Work As listed
below in items 2 a through 2 b for the Village Civic Center )
(2) Drawings and Other Supporting Documents — in addition to the drawings,
specifications and other supporting documents in previous amendments (No 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20) 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 No R -30I to the Village of Key Biscayne from James A Cummings,
Inc , dated February 16, 2005, in the amount of $6,770 00 for Work related with
the unforeseen conditions during the installation of the Force Main and Police
Officer Traffic Control and Proposal Approval by the Village of Key Biscayne,
which are attached hereto as Exhibit 'A 1 "
b Proposal No R -54I to the Village of Key Biscayne from James A Cummings,
Inc , dated July 6, 2005 in the amount of $1,824 00 to furnish a maintenance
bond and the Work associated with the unforeseen conditions at station 0+05 for
the completion of the State School "FF" Force Main, which are attached hereto
as Exhibit 'A 2
c 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 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 Work Associated with the Revisions to State
School `FF" Force Main in the amount of $8,594 00, and establishment of the
GMP for the Project of $22,228,166 00
(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 c /ra 4- By
Corporate Secretary, Pamela Kalis William R Derrer, President
James A Cummings, Inc
Witne- -d
By
By
Attest
By
VAC
GC-4—
,dL j4/eE
1/c
(print name)
e Clerk
Approved as to form an
By
i age me
(Corporate Seal)
VILLAGE OF KEY BISCAYNE`
D
PZORIV
legal sufficiency
1
IS� �.� OP
4,r iT7Y an .: er
103001\agreements\amendment to agreement between owner and construction manager
EXHIBIT B
Amendment Number 21
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 MANAGERS CONSTRUCTION PHASE FEE $527 392 00
CONSTRUCTION MANAGERS OVERHEAD & PROFIT $457 223 00
CONSTRUCTION BUDGET BALANCE $10 277 461 00
SUBTOTAL CONSTRUCTION COSTS $11,262,076 00
ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00)
SUBTOTAL $11,102,810 00
OWNER S CONTINGENCY $256 924 00
OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11,359,734 00
OWNERS CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE
WITH PRECONSTRUCTION FEE $11,472,924 00
VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN
CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $119 226 00
CONSTRUCTION MANAGERS OVERHEAD & PROFIT $34 521 00
CONSTRUCTION BUDGET BALANCE $647 913 00
OWNERS 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, 4, 5, 6 & THE CRANDON N STREETSCAPE
MASTER PLAN (INCLUDING school FF SANITARY FORCE MAIN)
CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $80 382 00
CONSTRUCTION MANAGERS OVERHEAD & PROFIT $98 288 00
CONSTRUCTION BUDGET BALANCE $2 237 526 00
AMENDMENT NUMBER 20 CRANDON STREETSCAPE (SCOPE CHANGES & ADDED VALUE) $251 661 00
AMENDMENT NUMBER 21 REVISIONS TO STATE SCHOOL FF FORCE MAIN $8 594 00
OWNERS CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE
INFRASTRUCTURE WORK $2,676,451 00
VILLAGE COMMUNITY CENTER (RECREATION CENTER)
CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00
CONSTRUCTION MANAGER S OVERHEAD & PROFIT $434 328 00
AMENDMENT NO 18 — EMERGENCY POWER & POOL EQUIPMENT MODIFICATIONS $126 398 00
AMENDMENT NO 18 — ARTS IN PUBLIC PLACES ALLOWANCE ($135 000 00)
CONSTRUCTION BUDGET BALANCE $9 597 214 00
EXHIBIT B
OWNER S CONSTRUCTION BUDGET
OWNER S CONSTRUCTIONN BUDGET - VILLAGE COMMUNIY CENTER
OWNER CHANGE ORDERS
OWNER CHANGE ORDER NO 1
OWNER CHANGE ORDER NO 2
OWNER CHANGE ORDER NO 3
OWNER CHANGE ORDER NO 4
OWNER CHANGE ORDER NO 5
TOTAL OWNER CHANGE ORDERS
OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES)
AMENDMENT NO 07 - VILLAGE HALL GENERATOR BUILDING (NOT INCLUDED IN GMP)
OWNER S TOTAL CONTRACT BUDGET
$10,794,860 00
($1 140 899 62)
($1 118 301 79)
$34 363 00
($1 195 184 00)
($97 707 00)
($3 517 729 41)
$22 228 166 00
$72 760 00
$22 300 926 00
( A `)
urrirnings
General Contractors
February 16 200-,
1
l
SKA LINE MANAGEMEN f GROUP INIC
88 West McIntyre Street
Kev Biscayne FL 33149
1
-TRANSMITTED
James A Cummings Inv
3575 Nortnwest 53rd Stree
Fort Lauderdale FL 33309
Phone 954 733-4211
Fax 954 485 9686
Website
wwwjamesacummings corn
(305) 573-2620
ATTN Mr Paul T A. ; • Project Director
RE KEY BI ' • YNE CIVIC CENTFR — S 17 j
REQU T FOR �:�a• •+_ R PROPOSAL R -30I
STATE SCHOOL "FF" FORCE MAIN- UNFORSEEN CONDITIONS & POLICE
TRAFFIC CONTROL AT CRANDON BOULEVARD
Dear Mr Abbott
James A Cummings Inc is submitting Proposal #R -30I in the amount of $6,770 00 This proposal
incorporates the Work associated with Unforeseen Conditions and Police Officer Traffic Control required
while completing the installation of the State School ` FF' Force Main Please see attached summary
form and subcontractor quotations for a recapitulation of this Work
The request for this change order is limited to the costs associated with labor, materials & equipment
necessary due to Unforeseen Conditions Encountered Dunng Installation of the Force Main as well as
Providing an Off -Duty Police Officer to Control Traffic at the Intersection of Crandon Boulevard and
West McIntyre Street while Installing Force Main Across this Intersection As required by
Bisca e Police Department, an ofd duty officer must be stationed at the intersection d
is taking place in this intersection This change may be charged a
rated into the Agreement Between the Owner and the Construction
Please provide direction on funding for this Work
If there are any questions d 'di/Ur concern. regarding this matter please do not hesitate 'n c miact1
'this of Le at (305) 361-9227 tor discussion
Sincerely
JAME CLMMI GS INC
JorgrA Fuentes
Project Enginter
Reviewed & Approved
SK N &NAGEI NT GROUP, INC
b
/0"2
ott
/SMG Project Director
Cc Roberto La`gt SPILL IS CA.VDEL A. DM EM via fax (305) 447-3558
Armando Nunez 1, KBP1\ D t 'a tax (305) 36..-77). 7
Eric Squilla J'�C
FILE
10
James A Cummings Inc
Proposal Summary Form
Village of Key Biscayne
R-301 STATE SCHOOL FF FORCE MAIN UNFORSEEN CONDITIONS
444: urn m l ncjs
11 WI
SECTION 1
DESCRIPTION OF WORK
02 STONE -CIRCLE UNDERGROUND INC
Unforseen Conditions- Underground Utility Conflicts at
I Crandon Boulevard
Police Officer at Intersection- VKB Requirement
SUBTOTAL
LABOR BURDEN
SALES TAX
SUBTOTAL
LABOR
M EP a_
L B NC FACT
54118
$2 296
$o
$0
$6 414
$0
$0
$0
$0
$6 414
TOTAL $6 414
OVERT LEAD (4 5%) - - $289
SUBTOTAL 7731
PROFIT (Included in Overhead above)
SUBTOTAL
BOND
TOTAL
N/A
$6 703
$67
$6 770
02/16/2005 JAMES A CUMMINGS INC
STONE CI R CL E
LI \DERGROLII\D, I `C
CHANGE ORDER REQUEST FOR
STATE SCHOOL "FF FORCE MAIN
JANUARY 3, 2005
r
k )
sa er • scv.er • (La laze
c0rsncto''
Description This Change Order rs a result of the unforeseen conditions encountered on
12116 and 12/29 while completing our contract obligations
On 12/16 an existing 8" water main was discovered at the same elevation
and ditch line as the proposed 8" force main Under MDWS investigation and
direction the proposed face main wss redirected to the north 5' parallel to
the existing main Four hours of equipment and labor performance was lost
due to this unforeseen condition
On 12/29 an additional existing 12' force main was discovered 14' parreliel
to the existing 12" force main that was tapped for our final connection This
existing force main was at the same elevation as our proposed main Four
hours of equipment and labor including matenal was required to pass the
proposed force main under this conflict pnor to our completion
Listed below is a cost breakdown for the additional matenal equipment
and labor exhausted due to these unforeseen conditions
Materials
8" M J 22-1/2 Elbow
8* DIP Mega -Lug Kit
Eguiriment
Track Excavator
Wheel Loader
Compactor
Crew Truck w/ Tools
Ths Work Order continues on rage 2
Quantity
2 EA
4 EA
Ti me
8 hrs
8 I, rs
8 nrs
Q J
Unit
$11900
$40 50
Sub -total =
+7% Saps Tax
Material Total =
Unit
588 00
$59 00
$17 00
$30 00
Eq�'crnent Total =
Extended
$238 00
$16 00
$400 00
$28 00
$428 00
Extended
$704 00
5472 00
$136 00
$240.00
$1,552 CO
38 10 S w 10th Avcl}uc
For Lauderdale Fonda 33-12
(954) 331-5020
Fax (954)33t MR-)
Ltccnse 444 1 1 35,
Page 2 - State School FF Force Main Change Order
Labor w/ Burden
Supenntendent
Foreman
Backhoe Operator
Loader Operator
Pipelayer
keybrsreccntr-ff1
Quantity Tame Unit Extended
1 4 hrs $65 CC $260 00
1 8 hrs $47 OC $376 00
1 8 hrs $25 00 S200 00
1 8 hrs $23 00 $184 00
3 8 hrs $22 00 $528 00
Labor Total = 31 548 00
Sub -total for Above = $3 528 00
+10% Overhead = $352 80
+5%Profit = $1?gttrl
34 057 20
+ 1 5% Bond = $60 86
Grand Total for thrs Change Order = S4,118 00
STO\E- CIRCLE
C \UFRGR(IC NU IBC
CHANGE ORDER REQUEST FOR
STATE SCHOOL "FF' FORCE MAIN
JANUARY 7, 2005
• •c 1 • JI 1 1'_L
Description This Change Order is a result of the traffic and pedestrian control
requirements the Village of Key Fist ayne Police Department had during our
installation of the proposed force main crossing at Crandon Blvd and West
Mclntrye Avenue An off -duty police officer with vehicle was utilized during
working hours while crossing this intersection Listed below is a cost
breakdown for this sevice fee
Materials
Administrative Fee
Police Vehicle Fee
Police Officer
kevbisreccntl-ff2
Grand Total tor tens Change Order =
RECE:1 Jy
Quantity
8 Shifts
8 Shifts
66 Hrs
Unit Extended
$15 00 $120 00
$15 00 $120 00
$29 00 $1,914 00
Sub -total = $2 154 00
+5% Overhead/Profit = $107 70
$2 261 70
+ 1 5% Bond = $33 93
$2,296 00
,t) `\ A Liu
1 F1t,1ILI l i 12
(`l,-:) , 1 -3I)2I)
1 t. (0.1-4) „ 1 0(‘).1
1 n -- I 12-)
Dat..
Apr ,
Add L,
\ iJ1agt of Nei Biscayne Police Depai tment
1", //IL Lill, )11 1(); Off -Dcf tl Eric21() P'.1
s 2/i 4 -.Li‘ 4-
�;_-Tl L itior
ST�4\ c - C t 2CLE UKCE R612bOND Phone (vs 33 ► - 502 o
33o 6 1A.c 30/WE LittiDGRIAla.x 0$ 331 — OG $5
Applicar t NA, 1shes to engage the sen ice of off -duty personnel of the Village of Key Biscayne Police Department
for Public Sa err Sen iLes that are in addition to those provided generally to the public There is a $15 00
sernicP fee for each shift officers are required to work
type of er� ice to be perto-med
r c20.66\rau< ()Pteav1sioN
Location or sen lee to be performed CiZANDCYQ SIAM IQEsr Inc. NreeE
**************-***************************************************************************
Number 8 classtfitation of personnel required Superr'sor (s) Officer (,) 1
**********************************************,.*********************************,t*********
There is a four (4) hour minimum on all off -duty employment
Cancellations must be made 24 hrs in advance
*******************k**********************************************************************
Period of e 'ip1 , mLnt
Beginning Date 1Z/h0/04 Ending Date ?
Number of hours Beginning Time 7' 040A in
Ending Time 4 ao em
Payment of ser%lce is due at time of application Payment must be made by check or money order
payable to the \ illage of Kev Biscayne' Officers may not accept cash payments
The % ILI LGE OF KEA BISCkY" E POLICE DEPARTMIEST is "SOT obligated to provide off -duty
Police st r iLL Off dun Polhci sLrN ills K all not be approtied to anN, person, firm, or organization v hose
officers members business or operations are of a questionable nature or for an eN.ent that will discredit_ --
the empl4) t 11 Pollee Department or the. \ illage
It is unJt. r) ' 'a it n )t kith ird n_ the faLt that the applicant %sill pas the 1 illage of his, Biseasne for
services rcn.i r d ind adrnint.tr n: fits Polies personnel remain emploNets of thi \ illac.2t of Keti
Biscatin 1' 11 , t) p irtrntnt Tht applicant is restricted to the general assignment of dutiLs to be
perform 1 9 i no iuthoritl o1Lr Polttt personnel
1 1,
S' 2n 11
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Cumming
Generd Contractors
A Company
., ulv 6 200)
James A Cummings Inc
y General Contractors
t r 2 South Florida Office
3575 Northwest 33rd Street
Fort Lauderdale FL 3330Q
Phone (954) 733 4211
Fax (954) 485 9688
Central Florida Office
11-0 Celebration Blvd Suite 105
Celebration FL 34747
Phone (321) 939 0583
Fax (321) 939 1998
SKYLINE MANAGEMENT GROUP NC
88 West McIntyre Street
Key Biscayne, FL 33149
TRANSMITTED VIA FAX (305) 573-2620
T *4 Mr Paul T Abbott Prnie.* r, rFc ter
r
REQUEST FOR CHANGE ORDER PROPOSAL RA4I
STATE SCHOOL "FF" FORCE MAIN — MAINTENANCE BOND & CONFLICT
Dear Mr Abbott
James A Cummings, Inc is submitting Proposal #R -54I in the amount of $1 824 00 This proposal
incorporates a request to furnish a maintenance bond and the Work associated with the unforeseen
conditions at s*,t 3n 0+05 for the completion of the State Scnool FF Force Main Please see a LalLhed
summary form and subcontractor quotations for a recapitulatio of this Work
The request for this change order is limited to the costs associated with the labor materials & equipment
necessary due to the unforeseen conditions encountered during the tnstallatton of the Force Main as well
as the request to provide a Maintenance Bond for the closeout of this Work Said Work may be charged
against the Owner Contingency or incorporated into the Agreement between the Owner and the
Construction Ma lager eta Future Amendment Please provide d recti' n furding for this Work
'f there are an) questions and/or concerns regarding this rr a*ter please do noL hes tate in contacting
this office at (.505, 361-9227 for discussion
Sincerely,
,I AMES A Ci MMINGS, INC
j((,
Enc Squilla
Vice President of Operations B/SMG Project Dir, tor
ReN, iewed : Approved
SK LIME IANAGEMENT GROUP, INC
bbt tt
Cc Roberto Lagt ',PILL Is < \\D[I \ DMA! pia tax ( 0-)) 447 >>D8
Armando Nune7 KRP`\ D is tax (30)) 365-77.)"
FII E (R -54I)
James A Cummings Inc
Proposal Summary Form
Village of Key Biscayne
R-541
State School FF Bond & Conflict
i
(ummirs
I I
1
y
SECTION
DESCRIPTION OF WORK
LABCIR
1/IA TER',iL.
--.,8t -`I-7--- -C'
i
1
01 Stone Circle Provide maintence bond for WASA
Document was excluded from the original
proposal
02 Stone Circle Utility conflict at station 0+05
Unforeseen condition not shown on the Contract
Documents i
r
--
I
F
SUBTOTAL
LABOR BURDEN
SALES TAX
SUBTOTAL
TOTAL
OVERHEAD (4 5%)
SUBTOTAL
PROFIT (Included in Overhead above)
SUBTOTAL
BOND
TOTAL
07/06/2005 JAMES A CUMMINGS INC
1
$289
$1 439
$ot $01 $1 7281
$0
$0
$0
$0
$1 728
$1 728
$78
NA
1
$1 806
1,
$13
$ 824
•
STONE -CIRCLE
L 1,DERGROLND, ICE
CHANGE ORDER REQUEST FOR
KEY BISCAYNE CIVIC CENTER
May 18, 2005
water • sewer • dramage
construction
escrn • tion Per our letter of August 25 2003 our tnrtial contract for $279 000 00
for the above referenced lob included 1 5% pQrforrrar'cc ht -.2r The
....r i. o F E u►o nut ,'iclude a
oond cost but these proposals became approved change orders to
the original contract Listed below is a breakdown of change orders
that did not include a bond cost
han • e Order
hange Order #1
hange Order #2
hange Order #4
hange Order (5
hange Order #6
hange Order #7
hange Order #8
hange Order #8
�an;e CO'der #9
Amount Description
$ 84 800 00 C►vrc Center Phase 18
$ 11P 000 00 State School "FF" FM
$ 7 400 00 Civic Center Phase 3
$ 11 050 00 Recreation Center Devvatenng trench
$ 47 100 00 Civic Center Phase 4&6
$ 8 849 00 State School "FF FM MDWASA Revisions
$ (11 773 00) Recreation Center Plan Revisions
$ 14 875 00 Recreation Center Plan revisions
$ 9 775 00_ Recreation Center Well Abandonment
$ 288 076 00
_IALOO MD
/x 1 5'/o Bond
4 325 $ -4-2—
1NASA maintenar,c�� bord
TOTAL FOR THIS CHANGE ORDER $4,325
y cn1r13
r
R�
11111Wpg Cor
ti
', 1
FIVED
t005
9'3 � r1�a
n h
1 r-
3830 S W 3Cth Avenue
Far Lauderdale Flonda 33312
(954) 331 5020
Fix (954) 331 0685
Lscense * 1 1257
1 STONE -CIRCLE
UNDERGROUND, INC
CHANGE ORDER REQUEST FOR
KEY BISCAYNE RECREATION CENTER K _
AUGUST 21, 2003
k
vatcr • sewer • drainage
construction
``- f 1
-r/1 it vc "CO, FT— Frvo
aescripticni G°ilaligE cr dr is b rc...t s,.' vast*`ruet fTEVicr
0+05 on the State School "FF" civil documents The plan view on sheet C1 1 01 did show
we would be crossing the existing drainage on the south side of McIntire Street, but there
was no profile view provided showing that both pipes would be in conflict with each other
and we would have use (4) 8" D I P elbows to cross under the drainage with 6" of
seperation This installation was installed per MDWS specifications Listed is a cost
breakdown for these additional fittings with components We will not be charging any
;Lditional labor or equipment for this installation
Matenal Description
8" M J C-110 D 145 Elbow 401 -lined
8" M J Standard Gland
8" M J Neoprene Gasket
3/4" H D G Al Thread Rod
3/4" H 0 G Eyebolts
3/4' H D G Washers & Nuts
keybisreccntr6
Quantity
4
8
8
16
16
Unit Extended
ea $220 00 $880 00
ea $12 50 $100 00
ea 34 50 $36 00
$2 00 360 00
ea $1 25 $20 00
ea $0 50 $8 00
Subtotal = $1,104 00
+7% Sales Tax = 377 28
Material Total = $1 181 28
Summary
Matenal Total = 31 181 28
+10% Overhead = $118 13
+10%Profit = 511813
+1 5% Bond = 321-26
Total for this Change Order = $1,438 80
t
3830 S w 30th Avenue
Hollywood Florida 33312
(954) 331 5020
Faz (954) 331 0685
License #91-1257