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"GMP AMENDMENT" N0.1 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 PROJECTS)
THIS GMP AMENDMENT NO. 1 ,made and entered into as of this 17 day of October
2007, ("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 6'h day of December 2006, for the following described Project:
Scott Rakow Youth Center
2700 Sheridan Avenue,
Miami Beach Florida
WHEREAS, the City and Construction Manager have agreed to amend the Agreement, in
the manner set forth herein, to incorporate the following phase of the project:
Pool Filtration System Replacement,
Documents dated 5/10/06 revisions dated 07/28/06 and 07/30/07.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, in the Agreement and the other Contract Documents 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. 1 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. 1 and the terms of the Contract Documents are in conflict, the terms of this GMP Amendment
No. 1 shall govern and control. The terms used herein, unless otherwise defined in this GMP
Amendment, 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 drawings listed on Attachment I, attached hereto, which drawings
are made a part of the Contract Documents by this reference (the
"Drawings"); and
b. The specifications listed on Attachment II, attached hereto, which
specifications are made a part of the Contract Documents by this
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reference (the "Specifications"); and
c. Those documents listed on Attachment III, Additional Contract
Documents, refer to the executed Pre-construction Services Agreement
for reference.
d. Those documents listed on Attachment IV, Construction Manager
proposal and Qualifications and Assumptions, attached hereto, are made
a part of the Contract Documents by this reference.
e. The Scope of the Work for the Pool Filtration System Replacement, as
described in Attachment I is hereby incorporated into the Work.
f. The date of Commencement for the Construction of Pool Filtration
System Replacement shall be immediately following the last date of
execution of this Amendment by the parties hereto (the "Date of
Commencement").
g. The Construction Manager shall achieve Substantial Completion of the
Work for the Pool Filtration System Replacement no later than 120
calendar days from the Date of Commencement (the "Contract Time",
and final completion not later than 2 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.
h. The Guaranteed Maximum Price (GMP) for the Pool Filtration System
Replacement is hereby guaranteed by the Construction Manager not to
exceed the sum of $227,000.00 (GMP Amendment No. 1), based upon
the entire Scope of the Work as described in the Contract Documents,
including, but not limited to, the Drawings and the Specifications, subject
only to additions and deductions by Contract Amendment(s) or
Construction Change Directive, as provided in the Contract Documents.
The GMP 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 and made a
part of the Contract Documents by this reference. Included in the
Schedule of Values and specifically identified herein, the Contingency
exclusive from the Guaranteed Maximum Price is the amount of
$11, 350.00.
i. 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.
j. 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.
k. Locations for utilities will be determined by the Construction Manager, at
the execution of GMP Amendment No. 1, and all existing utility
connections will be capped as needed and as noted in the Qualifications
and Assumptions Statement.
I. The Construction Manager's on site management and supervisory
personnel for this Project shall be set forth herein, and incorporated as
Attachment VII to this Agreement.
m. To the extent that the Owner has authorized the Construction Manager in
writing, to perform the Work for the Pool Filtration System Replacement
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 & IV 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 that such rates are not higher than the standard
paid for this Pool Filtration System Replacement.
n. Though the Pool Filtration System Replacement project has a short
duration and limited scope, a project schedule will be provided as
Attachment V. (Also refer to Date of Commencement and "Contract
Time" in paragraphs "f' and "g" of this Amendment).
o. Except as expressly provided herein above all of the terms, conditions,
covenants, agreements and understandings contained in the Contract
Documents shall remain unchanged and in full force and effect, and the
same hereby expressly ratified and confirmed by the City and
Construction Manager.
p. This GMP Amendment No. 1 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.
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date
first written above.
FOR CITY:
ATTEST:
a>g
City Clerk
Robert Parcher
FOR CONSTRUCTIONMANAGER AT-RISK:
CITY OF MIAMI BEACH
By:
Mayor
Matti H. Bower
KVC CONSTRUCTORS, INC
Florida Contractor License: CGC022994
ATTEST:
P,
~~~~ ~~i
Print Name
APPRO~lED AS TO
FORM LANGUAGE
eii FO E~tECUTION
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~~~~
Print Name
ATTACHMENT I CONTRACT DOCUMENTS:
Approved Plans, dated 5/10/06,
with revisions dated 07/28/06 and 07/30/07 for
Scott Rakow Youth Center Pool Filtration Equipment
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
ATTACHMENT V CONTRACT DOCUMENTS:
Construction Schedule
ATTACHMENT VI SCHEDULE OF VALUES
ATTACHMENT VII ON SITE PERSONNEL
Management and Supervisory
KVC CONSTRUCTORS, INC.
SCOTT RAKOW YOUTH CENTER
POOL FILTRATION REPLACEMENT
"GMP AMENDMENT N0. 1" TO PRE-CONSTRUCTION SERVICE AGREEMENT.
"ATTACHMENT I -Contract Documents"
OWNER:
City of Miami Beach Parks & Rec.
1700 Convention Center Drive
Miami Beach, FL 33139
ARCHITECT:
Brown and Brown Architects
7100 SW 99th Avenue, Suite 201
Miami, FL 33173
STRUCTURAL:
Brill, Rodriguez, Salaz, Inc.
9360 SW 72nd Street, Suite 262
Miami, FL 33173
MECHANICAL:
RPJ Inc.
4977 SW 74th Court
Miami, FL 33155
ELECTRICAL
Vital Engineering, P.A.
7100 SW 99th Avenue, Suite 202
Miami, FL 33173
Drawing # Description Issue Date Revision No. Revision Date
ARCHITECTURAL
-
A-1
A-2
A-3 Cover Sheet
Overall Site Plan, Elevations & Sections
Demolition & Floor Plan
Door Schedule, Sections, and Details
05/10/06
05/10/06
05/10/06 -
2
2
2 -
07/30/07
07/30/07
07/30/07
STRUCTURAL
S-1 Structural Plans, Details, and Sections 05/10/06 2 07/31/07
PLUMBING
P-1 Pool Equip. Area Floor Plan, Site Plan & Isometrics 05/02/06 2 08/06/07
MECHANICAL
M-1 Pool Equip. Area Floor Plan, Details & Schedules 05/02/06 - -
ELECTRICAL
E-1
E-2
E-3 Key Plan, Elec. Demo. Plan & Electrical Plan
Panel Sch., Lighting Fixture Sch. & Riser Diagrams
Symbols Legend, Electrical Notes & Details 05/10/06
05/10/06
05/10/06 1
-
- 07/30/07
-
-
Page 1 of 1
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Scott Rakow Youth Center
Pool Filtration Replacement
"GMP Amendment No. 1" to
Pre-Construction Service Agreement.
"Attachment IV"
Proposal Qualifications & Assumptions
1. A Construction Duration of Three (3) Months for performance of the work has been
included in our proposal.
2. It is agreed and understood that the existing Pool Facility will be shut down and
unavailable to the Public for the duration of the construction.
3. General Building Permit Fees and Temporary & Final Certificate of Occupancy Fees are to
be paid by the Owner.
4. At the request of the Owner, we have NOT included any costs for Owner's Protective
Liability Insurance Coverage (OPLIC) in our proposal. Should this coverage be required or
stipulated elsewhere in the Contract Documents it is understood and agreed that additional
compensation to Contractor will be required.
5. At the request of the Owner, we have NOT included any costs for Builder's Risk Insurance
Coverage in our proposal. All Builder's Risk premiums, coverage's and deductibles as
may be required or stipulated elsewhere in the Contract Documents shall be at the
Owner's (City of Miami Beach) expense.
6. Owner shall hire & pay for the services of an independent firm to perform special
inspections and threshold inspection services. KVC to coordinate inspections.
7. We have not included any costs for electrical power consumption or FPL fees in our
proposal. We have assumed using the existing electrical service from the building for
construction activities.
8. We have not included any costs for water consumption or MDWADNVASA fees in our
proposal. We have assumed using the existing water service from the building for
construction activities and minor pool filling if required.
9. Impact Fees are to be paid by the Owner.
10. We have included an Allowance of $500.00 for sod replacement at grass areas adjacent to
new tank enclosure.
11. We have not included any costs for Site utilities, underground piping or tapping/tie-ins to
existing utility piping beyond the existing pool storage room. None is shown on drawings.
Page 2 of 2
12. We have included aluminum picket gates at existing pool equipment room with ESP white
finish.
13. All new pool equipment (tanks, heaters, filters, controllers, switches, flow meters, etc.) as
required for the Work and scheduled on design and construction drawings, is to be
supplied by Owner (City of Miami Beach). We have not included any costs for pool
equipment.
14. We have included costs for furnishing and installing a 800 GAL liquid chlorine storage
tank.
15. Owner to furnish all pool equipment as shown on drawings and as necessary for
completion of the work. We have only included piping, fittings and valves as necessary to
install new pool equipment furnished by Owner. If pool equipment furnished by Owner is
incomplete, Owner will be responsible for providing missing equipment at their expense for
completing the work.
16. We have not considered draining the pool for replacement of equipment. We will provide a
diver to close/cap the pool drain prior to removal of equipment. In the event the pool
needs minor filling, we have assumed using the existing water service from the building for
pool filling if required. KVC has not included any costs for water consumption or fees as
outline in item #8 above.
END
9499 N. E. 2ntl Avenue, Suite 205 Miami Shores, Florida 331313
Voice: 305.757.7707 Data: 305.757.7701
CGC 022994
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KVC Constructors, Inc.
cott a ow out enter
re- ons ruction ervice greemen
_ "Attachment I"
Schedule of Va ues
Date: Wednesday, September 12, 2007
QUICK REVIEW SUMMARY COST
1 GENERAL CONDITIONS $46,774
2 DEMOLITION _ $7,876
3 EARTHWORK $2,900
4
5 SITE CONCRETE & FENCING
ASPHALT PAVING $5,620
NIA
6 LANDSCAPING AND IRRIGATION $500
7 TERMITE PROTECTION NIA
8 SITE UTILITIES NIA
9 CONCRETE SHELL $16_,040
10 LIGHTWEIGHT INSULATING CONCRETE _ NIA
11 UNIT MASONRY _ N!A
12 MISCELLANEOUS METALS $2,340
13 ROUGH CARPENTRY $775
14 FINISH CARPENTRY NIA
15 ROOFING NIA
16 INSULATION NIA
17 CAULKING, SEALANTS & WATERPROOFING $3,600
18 HOLLOW METAL $1,960
19 WOOD DOORS I BI-FOLDS NIA
20 FINISH HARDWARE $3,000
21 OVERHEAD DOORS & COILING GRILLE__S NIA
22 EFRONTS
R
GLASS /GLAZING / STO NIA
23 _
__
DRYWALL
GYPSUM N/A
24 _
_
PLASTER I STUCCO $1,000
25 TILE I STONE NIA
26 RESILIENT FLOORING NIA
27 CARPETING NIA
28 ACOUSTICAL TILE /SPECIAL CEILINGS NIA
_
29 PAINT I WALLCOVERING $3,700
30 RESIDENTIAL TOILET ACCESSORIES NIA
31 PUBLIC TOILET ACCESSORIES AND PARTITIONS NIA_
32 MISCELLANEOUS SPECIALTIES $300
33 APPLIANCES NIA
34 PARKING EQUIPMENT NIA
35 WINDOW TREATMENTS NIA
36 POOL $43,000
37 ELEVATORS NIA
38 FIRE PROTECTION NIA
39 PLUMBING $10,900
40 H.V.A.C. $10,000
41 ELECTRICAL $29,715
SUBTOTALS $190.000
42 OWNERS CONTINGENCY- 5% See Below
43 ESCALATION - 10% NIC
44 OVERHEAD & PROFIT $28,500
45 WARRANTY RESERVE NIA
46 INSURANCE $2,000
47 OPLIC (ALLOWANCE) NIC
48 PERMITS OWNER
49 BUILDERS RISK (ALLOWANCE) NIC
PAGE 1 OF 1
Scott Rakow Youth Center
Pool Filtration Replacement
"GMP Amendment No. 1" to
Pre-Construction Service Agreement.
"Attachment VII"
On Site Management & Supervisory Personnel
Project Manager: Freddy Vanegas
Project Superintendent: Orestes (Rusty) Orosco
END
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