AMENDMENT N0.2 CONSTRUCTION MANAGEMENTd,00 ~-. ~ ~D ~~
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GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT N0.2 TO AGREEMENT FOR PRE-
CONSTRUCTION SERVICES BETWEEN CITY OF MIAMI BEACH, FLORIDA, AND KVC
CONSTRUCTORS INC., FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES
PURSUANT TO RESOLUTION N0.2006-26416 (ENTITLED "CONSTRUCTION
MANAGEMENT AT RISK PRE-CONSTRUCTION SERVICES FOR THE RENOVATION OF THE
SCOTT RAKOW YOUTH CENTER PROJECT)
THIS GMP AMENDMENT NO. 2, made and entered into as of this 22 day of April 2009,
("GMP Amendment") amends that certain Agreement between, the CITY OF MIAMI BEACH,
FLORIDA (City and/or Owner), and KVC Constructors, Inc. (hereinafter Construction Manager
or CM), made as of the 6th day of December 2006, (and amended, pursuant to that certain GMP
Amendment No. 1, dated October 17,2009) for the following described Project:
Scott Rakow Youth Center
New Addition, Remodeling, and Renovation
2700 Sheridan Avenue,
Miami Beach Florida
WHEREAS, on December 6, 2006, the Mayor and City Commission approved Resolution
No. 2006-26415, authorizing the execution of an Agreement between the City and Brown and
Brown Architects, Inc. for professional architecture and engineering services for the renovation of
the Scott Rakow Youth Center; and
WHEREAS, on December 6, 2006, the Mayor and City Commission approved Resolution
No. 2006-26416, authorizing the Mayor and City Clerk to execute aPre-Construction Services
Agreement with KVC Constructors, Inc (KVC) for the SRYC, pursuant to Request For
Qualifications No. 27-05/06 (the KVC Agreement); and
WHEREAS, the KVC Agreement, provides for the City to issue construction services
amendments once the design is complete and a negotiated Guaranteed Maximum Price (GMP) is
accepted and approved by the City; and
WHEREAS, on October 17, 2007, the Mayor and the City Commission approved
Resolution No. 2007-26668 approving and authorizing the Mayor and the city Commission to
execute GMP Amendment No.1 to the KVC Agreement, for the pool filtration system
replacement, in the amount of $227,000;
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WHEREAS, the City and KVC have now negotiated and agreed to add the sum of
$4,565,666, as GMP Amendment No. 2 to the KVC Agreement, which accepts the GMP for
Phase II addition, remodeling, and renovation improvements to SRYC; including ,with out
limitation, the following: Addition ,remodeling ,and renovations to the existing facility new bus
drop off and parking area and onsite upgrades, new ADA upgrades and elevator, remodeled
restrooms, new multipurpose room, new play area, new pool managers office.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and for such other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Owner and the Construction Manager do hereby agree as follows:
1. This GMP Amendment No. 2 is executed in connection with, and is deemed to be part
of the Agreement and the Contract Documents. Wherever the terms of this GMP
Amendment No. 2 and the terms of the Contract Documents are in conflict, the terms of
this GMP Amendment No. 2 shall govern and control. The terms used herein, unless
otherwise defined in this GMP Amendment No. 2, shall have the meanings ascribed to
them in the Contract Documents.
2. The following are hereby incorporated into the Contract Documents and made part
thereof:
a. The Construction Documents listed on Attachment 1 -GMP No. 2
attached hereto, which are made a part of the Contract Documents by
this reference (the "Construction Documents"); and
b. The specifications listed on Attachment II -GMP No. 2 attached hereto,
which specifications are made a part of the Contract Documents by this
reference (the "Specifications"); and
c. Those documents listed on Attachment III -GMP No. 2 Additional
Contract Documents, refer to the executed Pre-construction Services
Agreement for reference.
d. Those documents listed on Attachment IV -GMP No. 2 GMP book
inclusive of Construction Manager Proposal, Qualifications and
Assumptions, attached hereto, are made a part of the Contract
Documents by this reference.
e. The Scope of the Work for the addition, renovation and remodeling,
contemplated in this GMP amendment No. 2 and as described in
Attachment I -GMP No. 2 and II -GMP No. 2 is hereby incorporated
into the Work.
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f. The date of Commencement for the Construction of the portion of the
Work delineating the addition, renovation and remodeling contemplated
in this GMP Amendment No. 2 shall commence upon issuance of Notice
To Proceed (NTP) # 2, by the parties hereto (the "Date of
Commencement").
g. The Construction Manager shall achieve Substantial Completion of the
portion of the Work contemplated in this GMP Amendment No. 2, no
later than 425 calendar days from the issuance of NTP # 2 (the "Contract
Time"), and final completion no later than 30 days from the date of
Substantial Completion. Failure to meet either the Substantial
Completion or Final Completion dates shall be a material breach of this
Agreement and Liquidated Damages will be aased thereinafter.
h. Upon failure of Construction Manager to substantially complete the
portion of the work contemplated in this GMP Amendment No. 2 within
the specified period of time, plus any approved time extensions,
Construction Manager shall pay to the City the sum of $1,000.00 (One
Thousand Dollars) for each calendar day after the time specified in
subsection 2(g) of this Amendment.
i. The Guaranteed Maximum Price (GMP) for the scope of Work
contemplated in this GMP No.2 is hereby guaranteed by the
Construction Manager not to exceed the sum of $4,793,949.00 (GMP
Amendment No. 2), based upon the entire Scope of the Work as
described in the Contract Documents, as amended herein, and including,
but not limited to, the Drawings and the Specifications, subject only to
additions and deductions by Contract Amendment(s) or Construction
Change Directives, as provided in the Contract Documents. The GMP
for GMP Amendment No. 2 is more particularly itemized in the Schedule
of Values prepared in accordance with the terms of the Agreement,
which Schedule of Values is attached hereto as Attachment VI -GMP
No. 2 and made a part of the Contract Documents by this reference.
Included in the Schedule of Values and specifically identified herein, the
Owner's Contingency included in the Guaranteed Maximum Price for this
GMP Amendment No.2 is $228,283.00.
j. Should the Construction Manager realize any savings from the
negotiated Schedule of Values, incorporated as Attachment VI -GMP
No. 2, the City shall receive 75% of said savings with no line item
integrity. The City reserves the right to audit all contract related
documents at any time during the Project and at the end of the Project.
k. The Construction Manager shall provide Commercial General Liability
Insurance, Automobile Liability Insurance, and Worker's Compensation
Insurance in compliance with the provisions of Article II, Insurance and
Bonds, of the General Conditions of the Contract for Construction.
I. The Construction Manager shall provide the Public Construction
Payment Bond and the Public Construction Performance and Guarantee
Bond, in compliance with the provisions of Article II, Insurance and
Bonds, of the General Conditions of the Contract for Construction.
m. Utility locations will be identified by the Construction Manager and all
existing utility connections will be capped as needed, as noted in the
Qualifications and Assumptions Statement.
n. The Construction Manager's on site management and supervisory
personnel for the Project shall be set forth herein, and incorporated as
Attachment VII -GMP No. 2 to this Agreement.
o. To the extent that the Owner has authorized the Construction Manager,
in writing, to perform the portion of the Work contemplated in this GMP
Amendment No. 2 with the Construction Manager's own forces, the
salary and wage schedule for the Construction Manager's personnel
performing such portion of the Work, agreed upon by the City and the
Construction Manager, shall be as set forth on Attachments III 8~ IV-
GMP No. 2 attached hereto, and is made a part of the Contract
Documents by this reference. The Construction Manager warrants and
represents that the salary and wage schedule includes comparable
market rates (including any and all benefits, contributions and insurance)
charged by the Construction Manager for comparable contracts to other
business and individuals for similar services and/or work, that such rates
are not higher than the standard paid for this Project.
p. A Project Schedule will be provided as Attachment V -GMP No. 2
(Also refer to Date of Commencement and "Contract Time" in
subsections 2(f) and (g) of this Amendment).
q. Except as expressly provided herein above all of the terms, conditions,
covenants, agreements and understandings contained in the Pre-
Construction Contract Documents (and as same may have been
amended pursuant to GMP Amendment No.1 and this GMP Amendment
No.2) shall remain unchanged and in full force and effect, and the same
is hereby expressly ratified and confirmed by the City and Construction
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Manager.
This GMP Amendment No. 2 may be executed in several counterparts,
each of which shall be deemed an original but all of which shall
constitute one and the same instrument.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date
first written above.
FOR CITY/OWNER
ATTEST:
City Clerk
CITY OF MIAMI BEACH
By:
ayor Ma Herrera Bower
FOR CONSTRUCTION MANAGER:
KVC CONSTRUCTORS, INC
Florida Contractor License: CGC022994
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ATTACHMENT I CONTRACT DOCUMENTS:
• Phase III 100% (Construction Documents) Volumes I and II with
plans, dated 11/15/2008
• All Architectural, Civil, Structural and MEP/FP drawings included
under these covers are identified as Construction Documents and
dated Nov 15, 2008 with no revisions notes.
• Landscape Drawings, LDs and LPs, are identified as Construction
Documents with a Revision No. 2 date of Oct, 31, 2008
• Irrigation Drawings LI-1, LI-2 and LI-3) are identified as Phase III -
90% CD and are dated 05.23.2008.
• Irrigation Drawing (I-4) is identified as Phase III - 90% with the note
"NOT FOR CONSTRUCTION -FOR REVIEW ONLY" and dated July
15, 2008.Drawing I-4 includes the Legend, Zone Summary Chart,
Irrigation Notes and Specifications and Details. The Scope of Work
described in this drawing is included in the GMP.
• Drawings ADD 1 and ADD 2 dated Jan 20, 2009 and revised Feb 6,
2009. These drawings illustrated additional IT and Owner's
requirements.
• Technical Specifications Volumes II and III dated Nov 15, 2008.
Volume I containing Division 1 was deleted during the Bid/GMP
process since general conditions were already included in the Pre-
Construction CM@Risk contract with KVC.
• BID RFI 1 thru 20 are also included.
• Architects (Brown & Brown/ CSA) e-mail with sketches for fire
connection dates 2/5/09, 5 pages.
ATTACHMENT II CONTRACT DOCUMENTS:
SPECIFICATIONS
ATTACHMENT III CONTRACT DOCUMENTS:
General and Supplementary Conditions
See Executed Pre-Construction Services Agreement
ATTACHMENT IV CONTRACT DOCUMENTS:
KVC Constructors Proposal and Qualifications and Assumptions dated
February 27.2009
ATTACHMENT V CONTRACT DOCUMENTS:
Construction Schedule
ATTACHMENT VI SCHEDULE OF VALUES
ATTACHMENT VII ON SITE PERSONNEL
Management and Supervisory
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