Loading...
GMP Amendment 1 with KVC Constructors, Inc.ao~x ~6G6~ /n/i>/o ff- C 7C "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 •-s 1 F. .A .ice A~ ~ ~• .. .. 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 / ..~ ~~ /j _ !~ ~~ ~7 ,L Ci mey , ` ~, Da E ~~~~ 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 ~. 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 ~- n. M 3 N ~ d v ~ ~ ~ ~ Q V C O . d ~` N W O c a _o ~ ~ ~ ~ = w ~ t0 r yy 61 N C N 3 ~ ~ c ~° ~ p ~ V 1 c c W Ctj LL ~ LL _a ~ c c ._ $ 3 > a a x 0 MR V U N I~ 0 ~ I E , O C C U O ~ W c N U L ~ C U T ~ (0 to ¢ J O N U C ~ ~ O ~ N ~ L _ U O - ~ U ~ U > °o `~ SC n. f° U U } 0 a ~~ tp C W ji I I 0 ~..~ W ^ M O 0' ~..~ W ^ ~ 0 U W ^ ~ 0 U W ^ M ~ p Z Q M M O O ~..~ W ^ f~ N O U i W ^ O N O '~ m W W ~ ~ O m I W LL ~ '~ ~ O m W LL ~ ~ O m W LL aD N O m W LL ~ O m W LL N~ - _ O U w ^ M ~ O U w ^ O N O I m W LL CO N p m W lL 00 N ~ O ~ Q ~ C~ I O I ~ O ~ Q ~ C-O O ~ O I Q ~ i 00 i ~ ~ ' r ~ ~ ~ ~ I I ~ I ~ W T t Z ~p ~ 0 ~ 0 1 0 > 0 > r 0 U h 0 U h 0 U n O U ', r O U ~ O U n O U ~ O U ~ O U ~ O U r O U W O [Q O O [Q M O [Q M O [Q O ~ W N O O O O W ~ W W W W W W W W W W W W W W Q Z Z Z Z ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ LL LL LL LL rn rn S N N v ~ v ~ v ~ ~ O ~I ~ O ~ O ~ O N N ~ O_ v _~_ ~n ~ ~n ~ rn N ~ ~ ~ O O Q ~ I N' ~ I~ ! ~ ~ O r ~ O ~ O ~ O ~ O O O V I ~ ~ ~ ~C'7 ~ i 0 0 ~C'7 ~ O I it ~ ~ ~~ N O I~~I O ~~ ~ I E I tq m~ II I I~ I~ Q I ~ ~ w T c ~ I ' N E E O E o otf ~ `~ ~ n Y ~ ~ ' Y ~ as °~ ~ 'U ~ m ~ ~ °~ O ~~ 'C ~ N o U O 0 0 ^ ' I U m ~ o E'I $ ~ E LL E ~ ~ ~ ~ ~ o U p O •~ ' ~p U C 0 I N N 3 ~ I O. ~ 7 I QI C ~ (~ (` LL Y J O fd N N U N {~pp ~ .. N ~ ' ~ O •O E U C U C O N ~ w p _ L E 7 U Q ` U N Y U ~ O .C m U N U O L .N L .N C U U ~ O zl ~ _ w U ^I O I U O U f0 ~ O ~d _ a _~_. = N _. w _ _. a ^ -O -L c~ _ ~, 2' - L.L - LL LL U ~` ~ O o 0 O ~nl oi O o o O ~ ol 0 o 0 ~n 0 o 0 N 0 0 O 0 0 0 ol~ ~ ~n o O I o! o o 0 o' 0 ~ o 0 O 0 0 o~ 0 ~n' 0 o~ 0l O ~n 0 O i 0~ 0 O H O O O • tt M ~ ~ I O I 0 0 0 0 ~~ O 0 0 N N T t0 .= QI U ~ N Q1 Qj T ~ ,_ O w a` U 0 0 0 ° 0 ° ~ ° ~ c O ~ N E w N T N m E a` m p m ^ h O p c (n ii O K U~ ~~ 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 ~.