HomeMy WebLinkAbout499-2005 RDA ResoRESOLUTION NO. 499-2005
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE
DIRECTOR TO ACCEPT THE REVISED GUARANTEED MAXIMUM PRICE,
IN THE AMOUNT OF $786,502, FOR THE COLONY THEATER
RENOVATION AND RESTORATION PROJECT; AUTHORIZING THE
EXECUTIVE DIRECTOR AND SECRETARY TO EXECUTE THE
ATTACHED AGREEMENT BETWEEN THE MIAMI BEACH
REDEVELOPMENT AGENCY AND THE STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES, FACILITIES AND
BUILDING CONSTRUCTION DIVISION, FOR THE PROJECT;
AUTHORIZING ADDITIONAL SERVICES TO URS CORPORATION TO
CONTINUE FIELD OBSERVATION SERVICES, IN THE AMOUNT OF
$60,677; PROVIDING FOR AN FF&E ALLOWANCE, IN THE AMOUNT OF
$125,000; PROVIDING FOR AN ART IN PUBLIC PLACES ALLOCATION
FOR THE CONSTRUCTION OF THE COLONY THEATRE BUILDING, IN
THE AMOUNT OF $9,923; PROVIDING FOR CIP FEES, IN THE AMOUNT
OF $31,752; AND APPROPRIATING $1,013,854 FROM CITY CENTER
RDA FUNDS FOR THESE PURPOSES.
WHEREAS, the Colony Theater Renovation Project (Project) began as a $1.5
million concept project in early 1999; and
WHEREAS, a series of cultural facilities grants were pieced together during the
balance of that year and in October 1999, the City executed a Professional Services
Agreement with the State of Florida Department of Management Services ("DMS") to
provide design, pre-construction, and construction management at risk services (the
Agreement); and
WHEREAS, through the Agreement, DMS was contracted to provide a practically
full service operation, and many of the normal duties of the City are fully delegated to DMS
as the City's agent; and
WHEREAS, the Agreement calls for DMS to hire both the Architect and the
Construction Manager/Contractor through its own competitive process and the respective
agreements with each party are executed and administered by DMS; and
WHEREAS, the City's obligations under the Agreement are primarily to provide
funding and to pay timely upon DMS' approval of proper payment applications; and
WHEREAS, the Agreement called for a number of deliverables during the design
and pre-construction stages; and
WHEREAS, the deliverables were consistent with a standard construction manager
at risk process where a general contractor is brought into the design process at an early
stage to work with the architect of record in both developing the design documents and in
pricing the Project; and
WHEREAS, in this Project, the Architect hired by DMS is R.J. Heisenbottle
Architects ("RJHA" or Architect), and the Construction Manager/Contractor is McCartney
Construction Company ("McCartney" or Contractor); and
WHEREAS, the total fee paid by the City to the DMS/RJHA/McCartney team for pre-
construction services was $313,872, which included the design fee for RJHA, the
constructability review by McCartney, and the management fee by DMS; and
WHEREAS, the final deliverable of the pre-construction process is a Guaranteed
Maximum Price ("GMP"); and
WHEREAS, a gross price for the City's budgeting purposes was provided by the
Project team in July 2002, in the amount of $6,365,000, which served as the basis for the
appropriation by the City; this amount was inclusive of DMS, RJHA, and McCartney's fees,
and included a Project contingency; and
WHEREAS, a formal GMP in line with this final budget amount was executed by
DMS on behalf of the City in February 2003; and
WHEREAS, in May 2003, DMS provided Request for Change Order (RCO) No. 3 to
the City in the amount of $557,769; this amount was requested to increase contingency, for
alleged unforeseen conditions, to pay for City requested items, and to address overruns in
budgeted allowance categories that were set aside because construction commenced prior
to completion of design and specifications; and
WHEREAS, between May 2003, and March 2004, the Construction Manager and
A/E continued to identify additional items for the RCO and the final request to the
Commission/RDA Board was $789,019; this amount was recommended to the City by
DMS for approval; and
WHEREAS, on March 17, 2004, the City Commission appropriated an additional
$1,521,249 for the Project which consisted of the following components:
Grant Fund replacement $ 500,000
AiPP Fees $ 66,849
CIP Office Fee $ 234,486
RJHA Add Services $ 30,170
McCartney Change Order #3 $ 539,911
Contingency $ 149,833; and
WHEREAS, during this City Commission meeting it was stated by the Contractor,
Architect of Record, and the DMS representative that this funding would be sufficient to
complete the Project, and that they did not anticipate having to come back to the City
Commission for any additional funding; and
WHEREAS, Change Order #4, in the amount of $84,311, and Change Order #5, in
the amount of $46,781, have been submitted in the past year and have used up the
remaining contingency; and
WHEREAS, additional Requests for Change Order for out of scope work have
continued to be submitted on a regular basis; and
WHEREAS, in December 2004, DMS and the City met to determine how to get the
Project finished; it was determined that a revised GMP and some modifications to the
Agreement must be finalized to ensure that the Project will be completed without the
continual requests for change orders; and
WHEREAS, the determination was made to provide a revised GMP that stipulates
that no further funding will be requested; and
WHEREAS, additionally, the City has insisted on a four party agreement that
provides for liquidated damages and that would provide the City more contractual control
over the Project team; and
WHEREAS, on January 26, 2005, a proposal was submitted to the City requesting
additional funding, in the amount of $922,485 to complete the Project; and
WHEREAS, this amount included construction funding, an additional contingency,
and additional fees for RJHA and DMS; and
WHEREAS, this proposal was initially rejected by the City and negotiations were
initiated in order to reach a fair and reasonable agreement that all parties would accept;
and
WHEREAS, on February 4, 2005, a modified proposal, in the amount of $751,630,
was submitted which still included items the City was not agreeable to fund; and
WHEREAS, further negotiations and modifications to the proposal occurred and, on
February 11, 2005, a final proposal was received which is the basis of the current
Agreement recommendation; and
WHEREAS, the final proposal includes a Guaranteed Maximum Price, in the
amount of $6,251,694, with a requested increase in funding of $786,502; and
WHEREAS, this additional funding amount includes authorizations for additional
General Conditions, Overhead and Profit, Management Fees, and some City requested
items, as well as some unforeseen conditions, which result in additional construction funds
for McCartney, in the amount of $549,366; and
WHEREAS, the total requested increase also includes a new contingency, in the
amount of $125,000, to account for possible future requirements on the Project; and
WHEREAS, there is also a request for additional services for RJHA, in the amount
of $117,136; these services are primarily to account for construction administration for the
extended timeline on the Project and for special inspector services; and
WHEREAS, this additional funding request is already reduced from the previous
proposals through reductions offered by McCartney, RJHA and DMS during the
negotiations; and
WHEREAS, these reductions are $82,694 offered as credits by McCartney; $59,048
offered as fee credits by Heisenbottle; $30,000 offered as refunds by DMS on their service
fees previously paid; and $16,538 offered as waived fees by DMS for the future
management of the Project until completion; and
WHEREAS, the total for these credits and waived fees is $188,280, the
negotiations, therefore, between all parties, have yielded a reduction, in the amount of
$260,983, from the original request of $922,485; and
WHEREAS, this reduction is composed of credits, reduced fees, and also items
which were proposed for the Project but agreed by all that they would not be needed for
the proper operation of the facility; and
WHEREAS, during the Finance and Citywide Committee meeting on March 9, 2005,
the Project team discussed the additional item of the modifications to the auditorium ceiling
that had been presented in the Final Project Funding spreadsheet for the Colony Theatre;
and
WHEREAS, this item had not been priced at the time the Agreement was prepared;
however, the Architect and Contractor have developed a budget for this item which has
been added to the requested increase in funding; and
WHEREAS, the budget request is $80,000 for the actual line items which include a
lifeline safety harness system for above the auditorium ceiling to provide safe access to
service workers, added lighting, electrical outlets, fire sprinklers and strobes; and
WHEREAS, it also includes a contingency of $45,000, pending approval from the
Building Department; it had originally been anticipated that this item could cost up to an
additional $400,000; and
WHEREAS, the Contractor, the Architect, DMS and the City have essentially agreed
with the new GMP and the new four party agreement, which is being presented today
(attached); and
WHEREAS, in addition to the above referenced cost savings, the City is currently
negotiating to have DMS fund the observation services that have been and are proposed to
be provided by URS Corporation until the completion of the Project, which have been
previously funded by the City; and
WHEREAS, it is anticipated that the fee, which may now be funded by DMS, will
result in additional cost savings to the City; and
WHEREAS, the City has also depleted the FF&E allowance during the construction
phase of this Project and needs to ensure that it has control over a separate allowance
account to pay for items that will be needed to open a fully operational theatre; and
WHEREAS, a request by the City for an allowance of $125,000 is also being
presented in this memo to allow for the replenishment of the FF&E allowance; and
WHEREAS, the amended Agreement will stipulate the following items:
a) Substantial Completion date of August 10, 2005, which shall not be subject to
modification by change order;
b) Final Completion date of September 9, 2005,
which shall not be subject to modification by change order;
c) Paperwork timeline which forms part of the Agreement;
d) Final schedule which forms part of the Agreement; and
WHEREAS, liquidated damages in the amount of $1,000/day for each and every
calendar day elapsing between the dated fixed for substantial completion (August 10,
2005) and the date for which Substantial Completion shall be fully accomplished; said
liquidated damages shall be payable to the owner in addition to any excess expenses or
costs payable by the Construction Manager to the Owner.
NOW, THEREFORE BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY OF THE CITY OF
MIAMI BEACH, FLORIDA, that the Chairman and Members hereby authorize the
Executive Director to accept the revised Guaranteed Maximum Price, in the amount of
$786,502, for the Colony Theater Renovation and Restoration Project; authorize the
Executive Director and Secretary to execute the attached Agreement between the Miami
Beach Redevelopment Agency and The State of Florida Department of Management
Services, Facilities and Building Construction Division, forthe Project; authorize additional
services to URS Corporation to continue field observation services, in the amount of
$60,677; provide for an FF&E allowance, in the amount of $125,000.00; provide for an Art
in Public Places allocation for the construction of the Colony Theatre building, in the
amount of $9,923.00; provide for CIP fees, in the amount of $31,752; and appropriate
$1,013,854 from the City Center RDA funds for these purposes.
PASSED AND ADOPTED this 16th day of March , 2005.
ATTEST:
SECRETARY
Robert Parcher
APPROVED AS TO
=ORAA.~ LANGUAGE
" f GN
Matti Her era Bowe g ` ~~
nt A~eno~l
CITY OF MIAMI BEACH
MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY
Condensed Title:
A resolution, to execute the revised guaranteed maximum price and amendment to the agreement
between the Miami Beach Redevelopment Agency (RDA) and the State of Florida Department of
Management Services, Facilities and Building Construction Division, for the renovations and restoration of
the Colony Theatre in an amount not-to exceed $786,502: Authorizing additional services to the URS Corp
to continue field observation services in the amount of $60,677; providing for an FF&E allowance in the
amount of $125,000; providing for an AIPP allocation in the amount of $9,923; providing for CIP fees in the
amount of $31,752; and a ro riatin $1,013,854 from Ci Center RDA Funds for these ur oses.
Issue:
Shall the RDA appropriate $1,013,854 from City Center RDA Funds for the completion of the Colony
Theatre Project?
Item Summa /Recommendation:
The Colony Theater Renovation project began as a $1.5 million concept project in early 1999. A series of
cultural facilities grants were pieced together during the balance of that year and in October 1999, the City
executed a Professional Services Agreement with the State of Florida Department of Management
Services ("DMS") to provide design, pre-construction, and construction management at risk services.
On January 26, 2005, a proposal was submitted to the City requesting additional funding, This amount
included construction funding, an additional contingency, and additional fees for RJHA and DMS.
The final proposal includes a Guaranteed Maximum Price, in the amount of $6,126,694, with a requested
increase in funding of $786,502. This additional funding amount includes authorizations for additional
General Conditions, Overhead and Profit, Management Fees, and some Owner requested items as well as
some unforeseen conditions, new contingency and additional services for RJHA, additional AIPP fees and
CIP fees are requested in the amount of $41,675. A request by the City for an allowance of $125,000 is
also being presented in this memo to allow for the replenishment of the FF&E allowance and authorizing
additional field observation services to the URS Corp in the amount of $60,677 bringing the total amount
requested to $1,013,854.
Therefore, the Administration recommends appropriation of $1,013,854 from the City Center RDA Fund for
the com letion of the renovation of the Colon Theatre ro'ect.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $1,013,854 City Center RDA
2
3
Finance Dept. Total $1,013,854
Ci Clerk's Office Le islative Trackin
Diana K. Trettin, Senior Capital Projects Coordinator
Si n-Off
De met irector si tant City Manager City Manager
r:\AGEN \Mar1605\Consent\Colony RDA7appropriation - cover.doc
U 2 '2
AGENDA ITEM JU
DATE ~j ~co -VJ
CITY ~F MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
REDEVELOPMENT AGENCY MEMORANDUM
To: Chairman David Dermer and Date: March 16, 2005
Members of Miami Beach Redevelopment Agency
From: Jorge M. Gonzalez ~,
Executive Director
Subject: A RESOLUTI OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE
DIRECTOR, OR DESIGNEE, TO EXECUTE THE REVISED GUARANTEED
MAXIMUM PRICE AND AMENDMENT TO THE AGREEMENT BETWEEN THE
MIAMI BEACH REDEVELOPMENT AGENCY AND THE STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES, FACILITIES AND BUILDING
CONSTRUCTION DIVISION, FOR THE RENOVATIONS AND RESTORATION
OF THE COLONY THEATRE IN AN AMOUNT NOT-TO-EXCEED $786,502;
AUTHORIZING ADDITIONAL SERVICES TO THE URS CORPORATION TO
CONTINUE FIELD OBSERVATION SERVICES IN THE AMOUNT OF $60,677;
PROVIDING FOR AN FF&E ALLOWANCE IN THE AMOUNT OF $125,000;
PROVIDING FOR AN ART IN PUBLIC PLACES ALLOCATION FOR THE
CONSTRUCTION OF THE BUILDING IN THE AMOUNT OF $9,923;
PROVIDING FOR CIP FEES IN THE AMOUNT OF $31,752; AND
APPROPRIATING $1,013,854 FROM CITY CENTER RDA FUNDS FOR
THESE PURPOSES .
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
The Colony Theater Renovation project began as a $1.5 million concept project in early
1999. A series of cultural facilities grants were pieced together during the balance of that
year and in October 1999, the City executed a Professional Services Agreement with the
State of Florida Department of Management Services ("DMS") to provide design, pre-
construction, and construction management at risk services.
Through its Agreement, DMS was contracted to provide a practically full service operation
and many of the normal duties of the City are fully delegated to DMS as the City's Agent.
The Agreement calls for DMS to hire both the Architect and the Construction
Manager/Contractor through its own competitive process and the respective agreements
with each party are executed and administered by DMS. The City's obligations under its
Agreement with DMS are primarily to provide funding and to pay timely upon DMS'
approval of proper payment applications.
COLONY THEATER
Commission Memorandum
March 16, 2005
Page 2 of 4
The DMS agreement called for a number of deliverables during the design and pre-
construction stages. The deliverables were consistent with a standard construction
manager at risk process where a general contractor is brought into the design process at
an early stage to work. with the Architect of Record in both developing the design
documents and in pricing the project. In this project, the Architect of Record hired by DMS
is R.J. Heisenbottle Architects ("RJHA") and the Construction Manager/Contractor is
McCartney Construction Company ("McCartney"). The total fee paid by the City to the
DMS/RJHA/McCartney team for pre-construction services was $313,872, which included
the design fee for RJHA, the constructability review by McCartney, and the management
fee by DMS. The final deliverable of the pre-construction process is, by Agreement, a
Guaranteed Maximum Price ("GMP").
A gross price for the City's Budgeting purposes was provided by the project team in July
2002, in the amount of $6,365,000, which served as the basis for the appropriation by the
City. This amount was inclusive of DMS, RJHA, and McCartney's fees, and included a
project contingency. A formal GMP in line with this final budget amount was executed by
DMS on behalf of the City in February 2003.
In May 2003, DMS provided Request for Change Order (RCO) No. 3 to the City in the
amount of $557,769. This amount was requested to increase contingency, for alleged
unforeseen conditions, to pay for City requested items, and to address overruns in
budgeted allowance categories that were set aside because construction commenced prior
to completion of design and specifications. Between May 2003, and March 2004, the
Construction Manager and A/E continued to identify additional items for the RCO and the
final request to the Commission/RDA Board was $789,019. This amount was
recommended to the City by DMS for approval. On March 17, 2004, the Commission
appropriated an additional $1,521,249 for the project which consisted of the following
components:
Grant Fund replacement $ 500,000
AiPP Fees $ 66,849
CIP Office Fee $ 234,486
RJHA Add Services $ 30,170
McCartney Change Order #3 $ 539,911
Contingency $ 149,833
During this Commission meeting it should be noted that the Contractor, Architect of
Record, and the DMS representative advised the Commission that this funding would be
sufficient to complete the project, and that they did not anticipate having to come back to
Commission for any additional funding. Change Order #4 in the amount of $84,311 and
Change Order #5 in the amount of $46,781 have been submitted in the past year and have
used up the remaining contingency. Additional Requests for Change Order for out of
scope work have continued to be submitted on a regular basis.
In December 2004, DMS and the City met to determine how to get the project finished. It
was determined that a revised GMP and some modifications to the agreement must be
finalized to ensure that the project will be completed without the continual requests for
COLONY THEATER
Commission Memorandum
March 16, 2005
Page 3 of 4
change orders. The determination was made to provide a revised GMP that stipulates that
no further funding will be requested. Additionally, the City has insisted on a four party
agreement that provides for Liquidated Damages and that would provide the City more
contractual control over the project team.
On January 26, 2005, a proposal was submitted to the City requesting additional funding,
in the amount of $922,485 to complete the project. This amount included construction
funding, an additional contingency, and additional fees for RJHA and DMS. This proposal
was initially rejected by the City and negotiations were initiated in order to reach a fair and
reasonable agreement that all parties would accept. On February 4, 2005, a modified
proposal, in the amount of $751,630, was submitted which still included items the City was
not agreeable to fund. Further negotiations and modifications to the proposal occurred and
on February 11, 2005, a final proposal was received which is the basis of the current
Agreement recommendation.
The final proposal includes a Guaranteed Maximum Price, in the amount of $6,251,694,
with a requested increase in funding of $786,502. This additional funding amount includes
authorizations for additional General Conditions, Overhead and Profit, Management Fees,
and some Owner requested items as well as some unforeseen conditions, which result in
additional construction funds for McCartney, in the amount of $549,366. The total
requested increase also includes a new contingency, in the amount of $125,000 to account
for possible future requirements on the project. Thirdly, there is a request for additional
services for RJHA, in the amount of $117,136. These services are primarily to account for
construction administration for the extended timeline on the project and for Special
I nspector services.
This additional funding request is already reduced from the previous proposals through
reductions offered by McCartney, RJHA and DMS during the negotiations. These
reductions are $82,694 offered as credits by McCartney; $59,048 offered as fee credits by
Heisenbottle; $30,000 offered as refunds by DMS on their service fees previously paid; and
$16,538 offered as waived fees by DMS for the future management of the project until
completion. The total for these credits and waived fees is $188,280. The negotiations,
therefore, between all parties, have yielded a reduction, in the amount of $260,983, from
the original request of $922,485. This reduction is composed of credits, reduced fees, and
also items which were proposed for the project but agreed by all that they would not be
needed for the proper operation of the facility.
During the Finance and Citywide meeting on March 9, 2005, the project team discussed
the additional item of the modifications to the auditorium ceiling that had been presented
in the Final Project Funding spreadsheet for the Colony Theatre. This item had not been
priced at the time the agreement was prepared, however the architect and contractor have
developed a budget for this item which has been added to the requested increase in
funding. The budget request is $80,000 for the actual line items which include a lifeline
safety harness system for above the auditorium ceiling to provide safe access to service
workers, added lighting, electrical outlets, fire sprinklers and strobes. It also includes a
contingency of $45,000 pending approval from the Building Department. It had originally
been anticipated that this item could cost up to an additional $400,000.
COLONY THEATER
Commission Memorandum
March 16, 2005
Page 4 of 4
The contractor (McCartney Construction), the Architect of Record (RJ Heisenbottle), DMS
and the City have essentially agreed with the new GMP and the new four party agreement,
which is being presented today (attached).
In addition to the above referenced cost savings, the City is currently negotiating to have
DMS fund the observation services that have been and are proposed to be provided by
URS Corporation until the completion of the project, which have been previously funded by
the City. It is anticipated that the fee, which may now be funded by DMS, will result in
additional cost savings to the City.
The City has also depleted the FF&E allowance during the construction phase of this
project and needs to ensure that it has control over a separate allowance account to pay
for items that will be needed to open a fully operational theatre. A request by the City for
an allowance of $125,000 is also being presented in this memo to allow for the
replenishment of the FF&E allowance.
The amended agreement will stipulate the following items:
A Substantial Completion date of August 10, 2005, which shall not be subject to
modification by change order.
A Final Completion date of September 9, 2005, which shall not be subject to modification
by change order.
A paperwork timeline (attached) which forms part of the agreement.
A final schedule (attached) which forms part of the agreement.
Liquidated damages in the amount of $1,000/day for each and every calendar day elapsing
between the dated fixed for substantial completion (August 10, 2005) and the date for
which Substantial Completion shall be fully accomplished. Said liquidated damages shall
be payable to the owner in addition to any excess expenses or costs payable by the
Construction Manager to the Owner.
The Administration recommends that this new Agreement with its new provisions and the
final Guaranteed Maximum Price be approved in order to complete the Colony Theater
Renovation and Restoration, and the required funding be appropriated.
JMG/RCM/TH/Ir
T:WGENDA\2005\Mar1605\Consent\RDA MEMO COLONY3162005.doc
FACILITIES MANAGEMENT AND BUILDING CONSTRUCTION
AGREEMENT BETWEEN
OWNER, AGENT, ARCHITECT-ENGINEER AND CONSTRUCTION MANAGER
STATE PROJECT NO.:
STATE MV DESIGNATION
PROJECT NAME AND LOCATION:
COMB-9042000
A
Renovations and Restorations,
The Colony Theatre
City of Miami Beach, Florida
OWNER: City of Miami Beach
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
AGENT: State of Florida Department of Management Services
4050 Esplanade Way
Tallahassee, Florida 32399-0950
ARCHITECT-ENGINEER: R.J. Heisenbottle Architects, P.A.
340 Minorca Avenue
Coral Gables, Florida 33134
CONSTRUCTION MANAGER: McCartney Construction Company
• 4800 Southwest 64th Avenue, Suite 109
Davie, FL 33314
Jeb Bush,
Governor
Robert H. Hosay
Interim Secretary
AGREEMENT BETWEEN
OWNER, AGENT, ARCHITECT-ENGINEER AND CONSTRUCTION MANAGER
THIS AGREEMENT, made this day of in the year Two Thousand and Five, is by and
between the City of Miami Beach (hereinafter the OWNER}, the State of Florida Department of
Management Services {hereinafter the AGENT), R.J. Heisenbottle Architects, P.A. (hereinafter the
ARCHITECT-ENGINEER), and McCartney Construction Company (hereinafter the CONSTRUCTION
MANAGER) collectively referred to as the PARTIES.
WITNESSETH:
WHEREAS on October 20, 1999 there was made an AGREEMENT BETWEEN CLIENT AND AGENT
for Project No. COMB-99042000 (hereinafter CONTRACT-A); and
WHEREAS on March 6, 2000 there was made an AGREEMENT BETWEEN OWNER, AGENT AND
ARCHITECT-ENGINEER for Project No. COMB-99042000 (hereinafter CONTRACT-B); and
WHEREAS on October 22, 2001 there was made an AGREEMENT BETWEEN OWNER AND
CONSTRUCTION MANAGER for Project No. COMB-99042000 (hereinafter CONTRACT-C); and
WHEREAS time is of the essence and the PARTIES wish to complete Project No. COMB-99042000
according to the terms and conditions contained herein; and
WHEREAS it is the intention of the PARTIES to amend CONTRACT-A, CONTRACT-B and
CONTRACT-C so as to make the terms and conditions herein a part of those agreements.
NOW THEREFORE, the Parties hereby execute this Agreement and agree that the same becomes binding
and enforceable by and through the Parties, their assigns, and agree as follows:
1. Final Budget. The Final Budget for the Project shall be as shown in the attached Exhibit-A, which
Exhibit-A by reference and attachment hereto forms a part of this Agreement. The Final Budget shall
not be subject to modification by Change Order.
2. Substantial Completion Date. The date of substantial completion shall be August 10, 2005. The
PARTIES understand and agree that time is of the essence. The date of substantial completion shall not
be subject to modification by Change Order.
3. Final Completion Date. The final delivery date shall be September 9, 2005. The PARTIES understand
and agree that time is of the essence. The final delivery date shall not be subject to modification by
Change Order.
4. Final Schedule. The PARTIES agree to adhere to the final project schedule as shown in the attached
Exhibit-B, which Exhibit-B by reference and attachment hereto forms a part of this Agreement.
5. Paperwork Timeline. The PARTIES agree to adhere to the paperwork timeline as shown in the
attached Exhibit-C, which Exhibit-C by reference and attachment hereto forms a part of this Agreement.
6. Outstanding Change Orders. The Parties agree that the following Change Orders will be approved by
OWNER upon submission to OWNER in final format:
• Change Order #6 (See Exhibit-D)
. Change Order #7 (See Exhibit-E)
-1-
Change Order #8 (See Exhibit-F)
Change Order #9 (See Exhibit-G)
Change Order # 10 (See Exhibit-H}
Liquidated Damages. Inasmuch as failure to complete the project by August 10, 2005 will result in
substantial injury to the OWNER, and as damages arising from such failure cannot be calculated with
any degree of certainty, it is hereby agreed that if the project is not substantially completed as in
accordance with the provisions of the Contract Documents the COSTRUCTION MANAGER shall pay
to the OWNER One Thousand Dollars ($1,000} for each and every calendar day elapsing between the
date fixed for substantial completion above and the date such substantial completion shall have been
fully accomplished, as liquidated damages for such delay. Said liquidated damages shall be payable in
addition to any excess expenses or costs payable by the COSTRUCTION MANAGER to the OWNER.
8. Extent of Agreement. This Agreement is intended to be the fmal agreement between the PARTIES for
the completion of the Project. The provisions of this Agreement may be altered only by written
instrument signed by all PARTIES. Provisions of CONTRACT-A, CONTRACT-B and CONTRACT-C
shall not be effective for modifying the provisions of this Agreement.
9. Conflict. In the event any of the terms provided in this Agreement conflict with the terms of
CONTRACT-A, CONTRACT-B and/or CONTRACT-C, the terms of this Agreement shall control All
other terms of CONTRACT-A, CONTRACT-B and CONTRACT-C shall remain in full force and effect.
The terms and conditions herein, together with CONTRACT-A, CONTRACT-B and CONTRACT-C,
constitute the entire agreement and understanding of the parties and shall supersede all communications,
negotiations, arrangements and agreements, either oral or written, with respect to the subject matter
hereof.
10. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly
authorized to do so and to bind the respective party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written
above.
Ca]'~'1- I ~:~
CITY OF MIAMI BEACH
As Witnessed: APPROVED
By By
Jorge M. Gonzalez, City Manager
-2-
AGENT
As Witnessed:
DEPARTMENT OF MANAGEMENT SERVICES
By
APPROVED:
By
LeeAnn Korst, Director
Facilities Management and Building Construction
Department of Management Services
Approved As To Form And Legality:
By
Office of the General Counsel
Department of Management Services
ARCHITECT-ENGINEER
As Witnessed:
By
R.J. HEISENBOTTLE ARCHITECTS, P.A.
APPROVED:
By
Richard J. Heisenbottle, Corporate President
R.J. Heisenbottle Architects, P.A.
CONSTRUCTION MANAGER
As Witnessed:
By.
MCCARTNEY CONSTRUCTION COMPANY
APPROVED:
By,
Sheldon McCartney, Corporate President
McCartney Construction Company
-3-
Final Project Funding for Colony Theatre
Reconciliation (2/11105)
Contract amount through C O # 5
Amount paid through 12/31/04
Balance of contract
Total of direct pay subcontractor purchase orders
Amount paid through 12/31/04
Balance of direct pay subs
Balance to complete incl CM contract and direct pay subs -12/31104
Outstanding Change Orders
co#s
CO#7
co#s
CO#9
CO #9 CREDIT
McCartney Additional Credit
List of CO#20 items, including insurance thru Aug
Balance to complete
Contingency
$5,582,328.09
-$4,655,955.00
$672,000.90
-$172,410.68
CO subtotal
CO total
~ EXHIBIT
A
$926,373.09
$499,590.22
$145,383.21
$184,665.43
$8,798.21
$66,910.31
-$27,984.43
_~
-$54,709.53
$146,303.03
$1,$95, 329.54
$75,000.00
Total to complete construction $1.,970,329.54
Addl coast funding (less existing balance) $544,366.23
_.,
If major modifications are necessary at Auditorium Ceiling it could add up to $400,000`to the above~udget
and an additional 3 months to the project schedule \~- i ZSi °~' ~
Addl A/E funding ($142,000 + $4991) reduced to $119,420 (w/bal of $2284 in proj) $117,136.00
Total Credit ($29,242.82+$29,855=$59,097.82)
DMS Fee Amt: $16,537.56 (Waived} $0.00
DMS Refund -30,000.00
Total funding to complete project $661,502.23
~~~`~,0
$_^mm' 9 + ~ C C m V m N > b a a O ~ p N m N P W N ~ 0 0 P V W N V N + 0 0 m V m N s 4 N + O m m J m N a N N + O
g I ~
',
Nr
~
A
_
_
C ~
m
.G
C m
~
m
~. 77
m
3 X11
m~
2 m
m
~
' m
R
v
~ b
^'
5
~
S
G
~
to
f~ fn
e
n
8
-1
m ]~
m
V ~
~
S i S A
$
~
7 ib,
w
io
~
A
p
7 bl Y
1 <
'm D
p
l
~
m T
°
~ W b
g
~
i ]
$ l a
~
T
- a p
~ ~
?I T a
s
T a
f~'
T
~
O
m a
T a
~ ~ a
' ~
T T W
a
~
.
~ w
n
TI w
a p
~~ N
~
ZI
y ~
~
Q 6
m b
, ~
3
V m
~
~
S
. m ~ ?
, ¢ ~
_
m
~
D
p m
~
~
A
c
m
~
m
= Z
3
m
,~ e
_os c
=
~ 3
gy
~ m
m o
~ g
-mi b
c b
c b
c
~ m
m ~,
`~ ~
8
~ g 8i8
~'~
ate. ro w s
m m
~a
G
~ m
~
m ¢
b
m
~ b
g ~ p o
~ o
=~ 0
Q 0
o
~=~ 0
o
~ 0
`Q
^' 0
°
~
~
~ 0 0
Q
,~ $
~~
~ o
°
~ o
Q
~
8
, g
~
~$
,
m m
m
m
~'
g
~ g
~ x
d f
m m
~
m v
m o
c
~
~~
m
~m
3
a
~
'
c
x
c
c
m
,c
o
m
~
~
'~
S!p
c t m
m
to
_
a
1 3
m
~
n
m
~
w
m
A
m _
~
~
m
n
~
m
m
2
°m
2'
2
~
2
m
m
3
m
~
$
8
,
m
. ¢
, ~m~
, 5
Qp
m
m EXHIBI'
~
m p
m
m N ~
m
<
s' x
<
D r
<
D m
n p
m
m d
.c
N
4 3i d
i~
g ~
o
~ m
~
m
< m
.° ~ ^
m ~
o
~
N 3
3
!
~ m
3
m c
'
~ u
$
m m
F a
c
m s
c
m i ~ s
c
a3 a 3
v m
~ m
~ ~
m
v s
a
p
m m
g
m
S. ~ ~
W ' ~ A' n Q O di n m m~c m b m ~' n - r °-' ~ t ~ id O m m 8 g _
^' K
p ~II a s ~ m ~ m o m r $ w Ss m n y
~ a m m n a b B
L t T m e{ o
C c Ol p 0 ~ o m ~ ~ m
rj N pj "~ D
~ m l~ ' S a % Q EtE
1 C) a ~ ~ i ~
I I~ ~ ~ .~ 1 9 ~m O
(
I ~ ~~
o;
o; ~,
o
o ~
o
o ~
V
~ 0
v ~~
~p ~
x
~
Ib
o ~
m III m
j ,` ~ v
_
~
i m I ~V = ~ I I J
~~
m 1
(!~ ~
~ ~~ ~~ ~ ~ f
~ ~ ~~ ~~~ ~ ~ ~ ~ ~~
m m ~ ~ ~~ ~ ' ~
m ~j~ ~ ~ ~ ~~ ~ ~ ~ ~ ~
C I~ ~
m ~
m ~ ~ ~ N
T
3
G
~
~
C
~ o
~~
~ C
i
m G' T
~.
~ p p
? 7 p
7~ T o
1~
~ ~
C ~
C
d a
7 c
m T
~
. c
~ m ~
C T
3
Q c S
m C m
d
~ c
m p
~ 7 p
7 p
? pp
? c
m
m G
m
G
D
. ~ p
~
~ M
y
~
~G
f3
° I
iG
O
~ p
S
~
fD
~
O
~i
N
Q
m
~'
N
'
~ ~
O
2~
N
~ pp
S ~ I
a
N
NI
~
O po
b
n'
~
/
S p
O ~
~ N
~ o
~ V
O~
¢~Qi \
13
aa
m eOenn
G
0
~
o
~ Q
~°
0
v 0
V
~~i 0 0
i V
N D
~
~ 0
=
O
u
i 0
m
P~
[
O 0
~
m O
~ m
O
a
~
O.1'
[~
J 0
~3
~ 0
A
i 0 p
A a
f3 O
2~ O
A
P
^I
~
~
L
' O
~ {J
a ~f
[J \
Nj O
L'
~
II VV
a
~
-'
~
O
ro
$
~
~
8
~
2
~1
~ (]
W
~A3
I~ O
~~1
N O
1 ~~ll p
A
~
=
Z
pp
a ~~ W W i p
L Q
Lea g Q
u Si p
o
A > pp
~ fa p
~ h p
p
_p
a A pp
S pp
A A p
p
pp
A 6 pp
A ~
T
y [~
[~,,
,1> o
p
g~ (
j~
(
A o
p
a [~
a pp
A A p
la p
p
A ~
~ (OJ f0.1 ~
W ~ IfaJ W fOJ fOJ COil fOJ W ~
W W iO.f
~ 1
'
~ e
N
(~
S
V
~ ~ N
.~ - & ~
S ~ _ ~ mm
p ~
_
__ 1 &
~~
~
v
-- - -
~ s;
.
(: f a ~ ~ ~ ~ &N
.
.
~
....~
f....:
._
_
~
._
Ilr
I
_
~ , __
_
_
..
._
._ .
4
.
I ._
__.. _
_
_ i ~
..._.
. _....
....~ ~
......
.... _..
..
_..
_
_
.....
~ l~
.. t
_ N
~ ..
~"
ffi
F
-
I
_
....
.
_
I_
~
..
.. ..
~.
..
.
o
~ d
n N
!
I
- f
f
~
~ i
_ __ _ . ~ .._ ~.. ~_ _ __ . . _ _i _ _ _ _ __ _ _ _
~~
tl
~
~ ~
I , I
l I
~
'
~
, ~~-
~&
_ _ ~ _ _ _ . _ ._ ._ _ ~ _ ~ l ~ _ _ _ I
.~ ___ ~ _ __ __ _ _ _ _ _ _ _~_ __ w
<_ ~ l i ~ a
I ~ - I ~ .
D 0 9
O ~ w N
O a a
b •
w N s
a ~ a a a
O W W
V m W
w w
~ N u
+ W
O N N
o N
V N N N
> N N N N
O C
w
V
m
w
m
m V
w
w
A
N
C
I
S
_Na
~~
~
~
T
3
S
C
~3
a
~m
m~
m
c ~.
°
2f*~
m m
~ 2
m
Q
m
~
~
m
2
~
m
~
m
_
IE
I
T»7 to
.C,1c
m
c
o
g
y
m
~!
m
~
~
]
g
j
7
7
2 .
g m
09
10
g
..e
~ 7
m
~
9
~~
m
m{
9i
m
T
G
D
L7
°
~
O
0~
w
m
O
n
x
~°
~
O
"c`
S~
70
g
m
a
3
"~
g
a
~
T
R
~
~
T
$
~
~
T
o °
a
~
~p
m
a
tl
~
$
a.
'7
~
A
lc
~~E
W
O.
~
°
W
6
T
W
~.
T
N
O
T J
w
~
$
Q
a
Q 't
m ~
m O
7 m
~
'
~
~
3
Q
~I
~ m
x f
0
m
m^
C
m
~
m
m
~
q
2
~
o . n . m
y ~
c I3
c ~
c ~ ~ ~
5+.~' 3
o > > R l m
~ _ :
~v m 8
~' ~
i ,< S
I o
. ~ o $ m m
m 3' g I
n ° > >' c
~n
~
m p
,
~
m m
v q ~
3 c
$ x t3
!c
~ x ~
g
x m
~ m
$ 7
m mp A
~
~ m
c tc .
m m
m j
~ ggc
3
ti
m m o
p ~
m ~
°m
"'
m
3i
~
to
m -i
~ m
~
~ ~
~ mt
im
~`
^ nu
(~
~ ~
~
~
m d~
z m
m
~' rA
~ tn
~ y
~
` m
~ m
m
3 m C
~ n
m C
a
m m
o- [
m ~
~ .m o tu
m
~ X
g
h
~
< w
~ m
<
Z n
I «
on
n w
O m~
,~fn
Q
~ a
~
.~
, m
Y ~
~ m
~
w
p9~, -
m -t
$' ?
S S
~ i
~~ ~
~ g
~
m c~
m
m c
m c
'm 3
c
m c
m
m
p
m
r3
g 2
m
w ~ 0
m ~
~
,
~ m w a ~'r0 m '~ `0
m 2 m ~ n ~ N
~ m N ti3i a mp w g g ~` '
L T W C ~ C C ~ j (D ~ ~ ~ ~ < ~ 3 ~ m m I N ~ j `G tl tl T D
m ~~ > > A I ? ~ n (~ ~ ~m . ~ o i~ uD m ~
p ~
m T
o -
~°o
, T T
g V j ye
ly
i
I°
~ I m
- ;~
~ '
~ U I
' ~ Ol
~
p
m I
fm
~ 4
Jj
i
t
I
r
~ i
-n
~. m
n ~
P
: ~ ~ ~ 3
- § ~
~ ~ ~
~ ~ c
m s~m
c I, o. ~ ~
~ ~ ~
~ 3
~ !m
~ a ~
a t ~
~ ~
~ ~~
c ~ m
c o m
. a '" c
~ m ~t
~. ~ c
~ m ~
c Tim
~. n c
m ~ a
c a ~j
~ i c
m ~
~ ~
~ ~
~ ~
~ ~
~ c
m c
m c
m m
u m
a ~
~ ~
~ 3
~
~„
SQL
N 0
0
O
S
~+
~
O
~ ~°
N
O o
`
-
` 0
~ N 0
'`
tD Ci
W td
13 11Z 0
¢r
f3 o
W
1 0
~ ` 0
~ 0
~
Qom`'
O 0
Q
a 0 0
V V
f3 N o
`
o a o
V a
n~
a 0
~/ 0 0
~ m
~
~ 0Q
8
~ -~ O
A
I.l~ oo
A A
C3 O
O`i
a
~
f3
~
O
~
t3'
~ Q
L°
n
~
~
~
~
~
S
~
o
"'
~
~Qa oAp p~p ~~ 7
O rt
'
Q p\p u
pC p~ (a1 ~ p~~ pQp p~ p~
~ p~ pA
I p~ ~c~] p~ L~ pC~ p~ p~ [ n
p` a p~ pA pL~ m
pG pa pQ ~ p~ to
p` ^
'
\ pN ~ ~ ~ A
C v
~ Q Q
a A
p~ `
W n~
`
O n~
\
O ~
O m
d a l a W L A A .P A A A 8. A A 3 A A 6 A A P. A A A A P j O S S A A A A A A A A W W W W W .1
( W t
d W. !
J !
A !
J W
t,~
,
ll
j {j
~. 1
.
_
m
( g R
f r o g
_ ._ _ _ _ _ _ __ _ _ ___ __ _ _ _ _ _~ .
_ ._ __ __ . __ _ _. _ ._ _ ___ __ __ __ _ _ _
: r ~ I
~ a
~._ . .v. . _..
~ _ _. . O
~ ! ~ R ~
~
~ ~ f •
a
c °i
~. a
- ~ ' - - - - - - - m
m
~Q
. - .
\
\ j --
( - ~.
S `
~
~
~ ~
~
\
~ `
4f ~
\ i
_
i
`
i
~
j --
,
f
j r
j
I
r
~
_
~
_
~ m&
o
~ 1 _ ~
f
~^ i
~~
~V
C~
- i
I
.
_
~ I
~
.
' '
.
jI
~.~ _ _ ~ ..
1 c "'
S i V
O
~ I A
r " "_
~ i _ f _ - c
~
a
' t {
I ~ j ~ ~ N
N
E .~ ~. .
~ ~ ..
~
~
0 ~ `
~
I I
I __t
I __
1 I
u
`~ ~ I ..
P
m O p
~. N 9~ O O O
O ~ m V $ d fOd N m+ p O m V ~ N a 41 N + O O m V m N ~ V + 0 0 0 Y O N > 41 N +~ O b m J W Omi A 0 C
4 I I ~
' ~
N i
~~i m
mn
m I
J x
'D
~o
~ x
D
n to
m c.
o
=
~ cn
~ -i
m
:: ~1
5
m x
~,I
~" ~
b
9.
> x
o
o
; a
°
g
m m
m'
m
m
~
a _m
m
ioo
m
~
V ~ v_
~
'a m
m
3
a. Ln
m
4
a. 2I
>
{O x
«
>
C~ x
n x
m
n v
~' ~
o
~m m
m gp
a"
a >
°
F
~ ~ ~!
m i m
f;
° ~ 4
x~
m ~ v
~
m 5
~
m
v ~
m
~ T
m
B
~ v_~
m
m
m
m~
~ p
Ia
Ic z x
«
D
7A x
~
D 'c
e
3
c ~,r
m
'~
o. L^
m
~m
°.m m
m
~
n. m
m
o z
~
, ~oa ~~ (a D
n p co
~ -
c
3 c
~ m
m A
'~ I
'~. ~ m m o ~ m
~ y
~ 'a'b $ gI cn G)
' p
~ m
m m ~ ~ t
m
m~'(m
~ m - X'
3 ~
~c ~
m
= ° ~
m a
w~ O p o
~ _e ~ ~¢ ~ ~
~g
~ gx
~
0 c
~~
.3 v
n ~
~ 2
~n' Wj
~ o
3
n ~
c
~ i
_I
m Q °'
m
3 3
3
m ~
m
i cT
~
e i1
~
c -~E
3 a
c '
w °.
° ,~
a ~
g i
3 n
°
=
o _ o
~ o
v
m in
~ ~
°
° 9
g nl
g
'°' xQ
~y tn
m
3' tn
m
g m
a
~
~
~
~
m m
~
~
f
~
~
~
~ v ~
m
i
~ ~
S m
~ ~ -a
T
. .x
g '°
~
?i ~m
~
~ .~.
6~ ~
O ~
0
~
~
~
G
(
Oi
~
~ A
m
~
AI .
mr p ~
Q
L
f 7 K ~ m I I L) O m m~ 1
~ ~
O
W
t
I
I
(
t
(
I ~
I
~ ^
~
I
!
0
V'
C ~ O O i p ' I ~
m
~
m
~ ~~ ~ ~ ~ i ~ ~ ~ ~ ~,
m Sc
e ~
m ~
m ~L ~I ~L
m mom ~
m ~ -1
c ~~ -~
c ~ ~
'
' o ~ ~
`
' ( 3 . ~ -i ~ ~ -I o '_1 ~
m ~ 7 ^ I
l ' T
~. TI
~. 1
7
c c n 7
n c c e 7
c c c ~
c e c e c a a a n a n i a a a m m e ~ 7
~ ~ c m m m m m m m
pp
A
a
O
~
N
~• O
~
O
~ o
~li
O~ ' O
n3 O
V
~ O
= pp
V
a! 0
V
a 0
n3
~ ~
6
~
1 Q~^
O
!Q~
P
~
~
~ O
~
~
~ 0
LT
-`~ 0
d
N 0
A
Ni 0
A
t~. 0 OI O
A AI A
f3 13 ~ pp
A
1V
g
~
.Li
N
`
r 0
V
O~ 0
1~
O .+ O
' 7~
O
~
O O
V
I~ O
[J
a
~
~ 4
~V
d ~ O
~U
d O
~.1
d
S
o ~" N
~ L.a
0 ~"
p N
3
3 ~ ~'
° ~ ~" L"
° ~
O1 ~°i
0 O
° ~'N
° ° N q
C
o N
° N
° N
O C'
° N
c N
° C'
° ~?
°~ ~
O V
a v
a vvi;
a a ° ~
° P
O L"
° ~i Q'
° ~ ~' FC'~" V
~ 'E L"
° La
° ~ La V
'
~ ~'
°
~
4m ~ c
W W fY fd W I
W. o
A N N N ~ ( ]I N N (n ~ to {n F to UI ~
tll N N N w ~ ~ N N N V~ I N N {!1 t!i 8I A S R ~ S2 $ d A S $ R A
-
-
-
- m
m
- - - -- - - - 1 0
V
A
Y I I i
\ \
`
N ~
4s°
~ • D
~
i ~ N g m
fu ~
\ •
~ y
-
-
- \
~
\
~
m S
~~
d
\ \ -
oo
4
~ t ~ __.
t
I
If~.... .
_
._
f ~ ifI
1
I I _ 3
'
8
.__ I
~
_
~. 1
_ {{
7
_ (
_ ~
~ '
~_
_ I 1
~
._ ~
I
._ w
~ d
S
°e
__.
_I
_ _ _
_ I I
,
~
h
1
_ . ~
.
( P
~ _ _- -- -.- _ _ _- _ _ .---. . . .. _ _. _. __ _ -
i _-
~ _ _ - - __. . __ _ _ ._ .
_
~
~
, ~
~ i
m
~ -
T I s =
0
,,
I
_ ~ ~
V
P
t m N
~9
Y 4rNf N + O .+~D '~ }+ a > 41 N + O O b w " ~ J. Y N ~ O tl N V m (A P N N N O b s V m m V N ~ O P m O N N > LOf Q
a
4 ~ t
I iI N
I I!
~ 11
'
N i
~A ~ ~
~
aa~
N . m
r ~•
~ ~e
~
1
m D
m
w Kc
~
m
m
~~y
l
~
~ ~
m
..t ._
m Q
~
1 lm
i
~
~ ~
~ ?''
~
m m
=
l W
m
io
m m
n
m D ~
c
3
» y
5 _m
m
m
m ~
m
(/J S
G
D
A It1
ro
Z C
ug
~ i0
'~
Ia
~ m
~
~ _~
~ ~
m
'^
m v N
m
m
~n
Fm
n
~ o
~ 1
mi
p
~'
p s
-
9
m
~ m
S
V
Z ~
m
m
Q D
~
a
m o
p
A
m ~
v ~
m
3
`o
a
n ~ i
Q°
m ~ ~y
m
m,ItC
> > .
m a
Om
m
~
7
C 7
m
a A
m
m ~~
1p~
W
~
_
c m
9 n
C)
~C
~
a~.
~
G~
3
~
1°
~ =
m
' m ~
m
~
a'~
'~
'rr
m'
g
S T
4 ~
~
<
m
!n m
$
~
m (
m_ 7^
~.
~ N
m b
m m
Q, ~
m
~2
~'f Ai
mt
v
~
g
3 7
.
.2 ~
~
.
g
~
~
'a 5 ~a
m y
m xCm
mm
~ m
Z m ~
"~ ~
C in
a~ m
S ~ o
~ '
o_
!~ ~c
m a' = 1
c i ~
m m3
~' oo
L7 n
~
~ -i
'
~
~
m Q, R, O ~
T ~
3 m
~ --
~
A
®
~ + I
~ ~ ~ o ' m a il _
' " ~ ~o ' ~ ~ ~ m i ~° ~ a 3 m ~ ~' D ~ a'o ~~ ~ ~
5 g
k I ~ .c I
~ m I C)i '~ ~ ~ , ~ ~ ie ~
.c g _ ~ ~ ~ o ~ ~
I T ~ t m( w ~ ~ ° ~ o ° ° ~ ~ ~ d
.C I
N' ~
T
I ~ i
O~ i ! ~
V
~ ~
~
m a
.~ .~ ~ '~ ~ o
m
3
3
~ (~
O _~
i w
ro ~`
m ~ ~
E A
a
{ o h
O Cl
O t7
O m
~
ae
rn $,
A
$ E
I m
A at
pA, ~
w x
w
O A
O ~ tn,
f m~
I
~ I
i
~
~ ~
~
C
m
t
m
C
m i
C
m
~
C
m I
~ m
~ ~ n
~
~ ~ I
C
m
C
m
T
=.
~
~
1
.
~
c
m
n ~
'T
~
~ T
= t
~t~
T
~
T
~
Ti
~
"[i
~ J
~I T
n~ ~
~
c
m
o.
~
'ii
n
~
~
o
~
~
c ~
O
~ l
~
c
o C
~ m
m
a
~``
c i
'~
~
~
TI
~
TI
~
~
~
~
_
~
y
o~
a
~
i
~
$
a
~
$
°
a 0
~ ~
°a4 0
a
g~'
ow
~ o
~ a
.i
~ o
.
s
i 0
.i
~ 0
v~
a 0
~ .
~ . _I
~' .
0
~
o .
0
~ .
0
w
a .
0
~ .
0 0
Ian
~It3 0
~'
~~vv
n3 0
L'
w l
0 0
L'''~o
p
N
~
o ~
nZ -
n3
+ ~ _,
~
' 0
o
i'$v .
0 0
~ .
0
° .
0
C 0
~~'
~ 0
L"
o
~'
0
r
.Q ~
Q o
N N
4 l.`n
N _p
p ~
$ papw
~ W c npS
~ ~
W Q
o e
° pro a ~ti
G ~ v
° ~p t ~
°
~ L''
N .i
~ ~
N
~ `i.f`i
~
N N
~ 'p2 Q
N -'~
~
N Q
a~ fpG' [aJ' °
~ 11
~a e
`'~
$ $ p_ 'm
~ p~ 'm
$ N
p ~'
S L''
$ L''
~ N
W pC'
m I
A f
J 1t 6 A A A L f {
L fJ 1 1 71. t
i l (l l f i. 11
C 1 n I
i1 A f i~l, A A . A A A A S i
4 [J
_ ~ : _ _ ~ __ . _ ~ ~ _ _ _ _ _ _ __ ~
f I
i :
~ i I
~ !
- - - - - - Y
~
t o
~ = a
_ o
z ~
a
~
_`
I m
~ ~ ~ _~
9 _ \ +
N mp
~
~
~ 0 n
S~ b
. I _ \ I ` _ '~ r
Q
\
, p
S j
~
.~j
+
_~ ~ \ ~ q
K
_
`
_
f ~ ~ ~ ~ $
-
~
I '
_
~
t
~
I i ~
V
q
~ °w
~n - "f .
- .-.. .. ~ - ~ t ~._ _ t _... _ ~ _ -. _ c
°w ..
o
I ~ I i
~ ~
f - o~
mm
E ~ ~ ~
t
w
~
- ~
- $
_
- ~
° E
.. ~_ _ r
--
-
-
- f ~
~ t
` $
o
~
--~- - - _ '
i
~
a
-
_
- - _
-
-I-- -
-
-
--
-
- --
-- -
-~
-
-
--
--- -
--
---
~ m
- R
~,
~- e~ °a S°. °u v ° ~ °o : v » m o m a ~ a to a u v =~ a m m ° ~ r w .° m o o d » a vi ` ~. ~
a
I I j I r d
g ~
Nei ~ ~ c
~
2 c
mc w
a ~
m m
,a a
c ~~
Si mmJJ
m
mg 2
G
D 2
<
D r~r
m
~ l 2
m ~
w
t3 ro
m
7
' ro
w
a Dl
I
g
` m
~S
m g
~
+y Omj~
c°
°a
~t ~
°z 5~
<
D! ~
c
3 ~
~
3 ~+
m
~ ~
m
~' m
m
6
m
~ p~+
m ! ~
c
~3 ~
~ ~
I C z
~
~~~ pD m w c3 c) = ~ ~i
O H CSi f~
~ A
a ~.
g ~ ~ ~ r
,
~ ~~ t~
tI 0
- 6
"
~ _D~ m D y l7i
~ j ~
p $' $
~
~ c o
C
c ; n
~
m '
an y
a
O n
c m m ~
m m
es ~
- °•
v I
~ ~
3 w c ~1 ~
't a
- w R7 ~ {
! r
c '~ a y
.D Z ~
x ~l~
'r O
~ ~
n
~~ m
~
m S
°
Y. tn
~ °
~ ' ~ f
j C
O at
' ~ ~ W j 3 C I
1 m m
° `C m N ~
~ O ~ 9 ~ ! ~ ~
~ °
m I = w ~ ° ~ m ~ ~ ~ ~ ~
~ I ~
$ _
7 p
p ~_
~ ~ - ~ m ~ ,
7 r
J i ~ ~~ '< ~ ~
I
1
m f ~ I ~
n I I m ~
~
0
7 '
~
1 t
I ~
~ ~
~ i
~ ~ ~ ~
a ~ ~ ~ ~ ~
m ~~~
m
m ~ ~
~ ~
a ~~~
~
~ ~
~ ~
o ~
o i~
c ~
~ ~
o ~
~ ~~~
~
~ s ~ ~
'n
~ ~~~{
I
~ ~
~ ~
~ ~
~ ~
~ ~i
~ ~
~ ~
~ ~
o ~
~
c
m
~ c
0
m c
0
~
0
~ c
0
~ c
0
~ ~
0~0
N•~
0
~
0
~
i
0 0
~I~
~
>
~
>
m
g
g
3
0
~
S
~~
m
~
a
o
~
I
I
e
~
~
o
~
0
~
~
°
~
~
0
~ m
~
° '~ .w ~
° I N ~~ [
G A AIL N N \ NI N N gy
: ~ N
° A N ~1
~
~ Lil ~ ~ ~
Qj A t0 A ~ ~
N G ` )
~ U N U t
l. I N U N N NI L°J
~ 1 4°.. t°i1 t°]I V°ii N S pp
N tb11 L
ftI N N S p
p
A S A f°A (J S W W (°il p
g W p
Pi f°i1 f°J p
(v W ° I
a . ._. _ - -` - -j -~ - - - - - - _ _ __ _ o
~I
( I
I
-
~
-
~ g
- ~ - i g S
,~,
-
-
-
-
-
!-
-
-
-t
-
-
-
- 4
f
...I
..~
~ ~
~ I ~
_ _ _..
_ .. '. _ - -- - -- -- -
v ~ ! ` ~~
~ - I ~ f ~:
. I
m ~9
.
~ ~
_
_ _
~$
I _
~~ _
\
N 'J eO
'i
O
T ~ \
\ ! po
N
K -- -
I
v'I
I
I
_
~-T
I
-_~ -
__
P
~ m
1 I
r I~
~ -~
f
~ - - V e
~
t ~ ~ ~
.
.~
o E
II
I
~
~
~
V
s
I - - - - .
- -- - ~ __ - - -
I
j
I o
_ ~
G '_
YU
C
I C
P N
. N
~ O
EXHIBIT
-~
G
N
Q
~O
~a~
N
~~ j ;~o~}
~ ( { ~ ° l ~~
7~W ! ~dmCi ~ ~ ~z~
i t7 d
~~ ~ ~~ pfa O~r~n
~~~ ~ ~~~
~ ~ ~ coq
~oj ~~~ ~ ~~ ~~~
~~~ ~°z ~ z ~ ~xz°
Na~ ~ao ~, o a
~y ~r~nC ~
ao~ C7
~ ((~~~
I~ ~
°z
r~
-C
b
'~'
n
4
0
n
0
r
0
H
x
h7
a
b
0
r
DepartT,tent of Management SCrviCES
Division of Fac"slitics Mansganont and Building Conswction
COA'SZ'12LlCT[ON CONT'RACT' CHARGE ORDER
EXHIBIT
D
Change Order Ntmthcr, F - ~rrrr~
State Projextt Number. fY1>vER - 44fI4~lHl
ate Projcci Name• - Contractor. _ ~~~
grchitccUArtsineer - Address- ~ `~
Address ^,4,^,t~`~-- Avrntt!' enilr 1(1
C"t
city:
StatclZip: .
ni..,....• 2n5Jdfi-774e1
tr /y~ ~~
RJHA.
prchitectlEngineer
Cottstsuction
ey
Statc/Zp:
Phone - 4-
Si~t13111re, Ctient
Representarzve -COMA
Si~tature, Department of
Managemezrt Services
*Substantiai Completion Date
DBC SOO6
Revisad 9Jt?3
This Change Order is an amendment ro the Coottact Agreement between Conteartor and the Owner, and all ebntrad provisions shall apply ttuless
spccincally r~eeattptul. The amount and time ebange designated ate tine maximum ar~reed w by both the Owner and the Crsntractor for this change. In
a
~ .~ r . ,.~:+~ ,rc r to rh;< l"nanne_Qrdet No other alnrcmtatts or modifications ShaD apply to This contract
a74e1ldtt1C1Y1 tiLlieSS e~-ptassly provided herein. Thee than=Y c m'ter rr~rvntc final ncv aMJJ?J1Ji±renanl sn Rrr~rinn 1 f) S7_ Ffnriria Crah~rrc f 7 Q'71;1_
Departnsent of R9anagemeni Services
Divis'son of 1=aeilities Management and Building ConsU'uction
CONS'l'i2UCC10N CON'I'J2AC1' Ct1ANGE ORDER
Orig. Contract Sum: $5,568,002.00
rtne Order Number: 7
S~tat.e Project T~lumber:S'~nnit 44(14~U(t
-
State Projec-I Name:
~
t~ A
~ e h•+ ,
Contractor.
~r
~
, , w
Architectlfingineer:_
.
e
;,,. ut -
i 'n ~
Address'
_ ---
.
.
Address:~s " City
City: Slate(Lip•
State/Lip• Phone: -
1'hunc:
DESCRlPT10N OF CHANGE (Attach additional aces if re uiredl
pecrease In
]ncrease In
1. Description of items -see attached
COR ~ 10 $ 2,987:?5
COR # ] 1 $ 31,595.18
COR #1 14 $ 23,242.78
COR # l ~ $120,504 '?3
COR ~ 16 $ 8,335.99
Notice To Proceed Date: 11/l8l02
'Chi
cement between Contractor and the Owner, and all contract provisions shall apply unless
This Change Order is an amendment to the Contract Agr
specificallyexempted- The amount and time change designated are the ma~mum agreed to by both the Owner and the Contractor for this change. 1n
0
+ hPf\vPPn ()Smrr anti C'nniraMnr wish resne No other agreements or modifications shall apply to this contract
amendment unless expressly provided herein. - _ ^^
i~ e,
Signature,
RJHA
*Substantial Completion Date
~r~
~ EXHIBIT
~ E
bate ~ ~'/~ ~/"-!
Signature,
Signature, Client
Representative -COMB
Signature, Depattineni of
Management Services
DBC 5006
w -] •M7
Department of Managemcr3t St:rvices
Qivisian of Fac3litics Mauagcmcnt and Building Construction
CONSTRUCTION CONTRACT CHANGE ORDER
Change Order Number.
= EXHIBIT
F
State Project Number:. !C'n3„rt= _ ggn4~nn _
State 1'rojea Name: ~ ~ '
r
i
~
'
R! Heicenhnttle Arrhiteds ~
AFC113tCCl~R6',InCCr' .n an
nn
~ '~ f nnernrrt
-
~~~
_ ConlraClar. ~, ~
t(19
C
i
Addresr ~dn ~~nnrr_a Avrnii~„ irit In -
n
te_
AddrCSS' /Ldrnut
Cny: ~t/ice! ~~Rhs CSty
$latefLtp'~.1~3nrir~,r 31124 SiatclZil3'
Phone;...3ni.~Afr7799 l'bo33C 454-f,R9.?R7;~
DESCRIPTION OF CHANGE Attach additional aces if r wired) Decr..ase [n Increase In
1. Description of items -see attached
COR ~ 17r $8,74821
1. RFI 165 at t13e stairs to the roof, the plans did not indicate a light at the roof
landing ar intermediare landing. This item is to install 3 fixtures as per
sketch S1C 14.
2. Renewal of Builder's Risk insurance for 30 days starting ] 2!31/44.
Notice To Proceed Date: l I/18!02 Orig. Contract Stun: 55,568,002.00
Contract Time: Da s Date" Contract Sum: $5 912 376.74 $5.912 376.7-0
Orininal Contract Time 427 U13/04 5utstatal
$ 8 798`21
Present Coatract Time 861 04/05/05 Net Ad Deduct $5 912 376.74
This Chan a Add Deduct Pres. Contract Sum
New Contract Time New Contract Sum 5921 174.95
This Change Order is 3!D amendment to the Coni3xt At,~eement bcnvcca Contractor and the Owner, and alt contract provisions Shall apply uale~
specifically exempted. The amount and time ehaage designated are the maximum agreed to by both the Qwner and the Contractor for ibis changc..In
rnncrrlrrat•rnn of t11~fc ~gnin~a_rtj4! ^~' ie rnntran fim~ srnrj rnnfran arm the r irartnr hrrthti rP,l,~acr< (lwnrr from a!1 rlaime clrmx ~ ^*
0
rrrnrrl to thic f'ha ffndnT No other tS ar madificalions shall apply to t13is contract
~~~. r 1.~.i. ..an fls.. rr an[i ~' ntrannr with, ,_~gr agTamCr3
amendment unless expressly provided herein.
a vaanvt^n•
MMENDI;ll:
,~,,,Y+ite ,~rrxuvnr~:
.Qr31e •~rn•~•~.,••. -- -- --
Date -
Signature, Architeci/Engitteer
~}~, 5i Contractor
McCatttrey Construction Signad3tre, Client
Representative -COMB Signature, Department of
Managem~tt Services
*Substantial Completion Date
DBC 5906
Revisod 4103
= EXH181T
Department of Mana„`emenc Serviaa
Division of Facilities Managcrrteat aad Building Constn,dion G
CONSI'ttt1CT10N CO1V'TItACT CHANGE ORDE1t
Change Order Nurnlter-
State projectNnmber• -
StateProjcxtName
R t Nricenhtsttlr ArrhittK'fc P b Contt'artor: ne..r ,+n ('nnctrnrMinn Cnt~Y
Architect/Eagincer ~
Adctress. 74n l4tinnrca Averttt~, c„~. to Ad
City' (`nrsii Cahtec Ctty~ +
Stace/Zip- State/Zip Finritia z~~ 4 -
Phortc 3~5-~4fi-~~ Phone 95d-684 7R7R
DESCR1PTiON OF CHANGE Attach additional Qes if uir Decrease In increase Tn
} . Description of items -see attached
COR # 18' (S 1,3b8.00)
COIL # 19 $40,293.88
Notice 7o Proceed Date: 11/18/02 Orig_ Contract Sum: $S,Sb8,002.00
Contract Time: Da Date" Contract Sum: $5 921 174.95 $5 921 174.95
Ori inai Contract Time 427 1113/04 Subtotal
Present Contract Tiute 861 04/05/OS Net Add Deduct S 38 925.88
This Chan Add duct) 77 Pres. Contract Burn 5 1 174.45
New Contract Time 938 06121 /OS A1ew Contract um $5 b0 100.83
Thu Change Ott3er is an amendment in the Contras Agrecmtat between Cantractor and the Qwner, and all contn;ct provisions shall apply anless
specifically pccmpttd. The amount and time change designated are the rnaximttm agrsed to by both the Owns and the Contractor for this changes .1a
rnt.mrit-rat+nn nr rnr inrC~Pntnv a(~nMmmte • '^^' titr+r anrS rpp rt °+m thr rnn rtnr hereh
CR1Lc c ni art+nn ancr~o nnr of tIIC tn+++c°rtinn~ir.PVCnfc and nay i+rren~git~e,ri~ to thic Chang r Thtc wnrten
p~„~+~.rnt hr~~.4 --- fh tr anti C'nntrarlnr v^th rrattst to chic C:hangr !?rder No other ag+eerncnl5 or mpolficauons shall apply to this contract
amendment un1c55 exptrssly provided heroin. 't'hie Ct,(?rdrr reiyrr~nt¢ final r~ a 'nn 1+n pant to CectiQn 1 ~, 57 Finrida Stannrc f 197R1-
RECOMMEN
~
t Af'f'KV V t:U: nrrnv r i.:~. - -
Date
Signature, Architect/Engineer
}uE3A Signat 1vE/Conttactor
Mc~~~rufr~e'/ Construction Signatta-e, Client
Ttcpresentative -COMB Signature, Departrnent of
Management Services
"Substantial Completion Date
1}$C 5006
Revived 4/D3
Deparnneat of Management Services
Division oFFacilitics Management and Building Corstruction
CflNSTRUCTIflN CONTRACT CHANGE ORDEEt
~ EXHIBIT
H
order N bar 1 n
Change urrl
State Project Number rn~,tu - 99i14NN1 _
State Projcet Name .
ctinn rnmtfanX
M
r
'
R I H .iccnhnttle-9zrll.Li~e
ArchitecUEngtneer_ ~..--5.-'-'- .,.
nn
m
artni'v
P A _ COntr2C[Ur:. l~t'!
.
e~tt [A~ e
~. Cn;M 1(14
Address_. z4d11vlinnrra AvetttlC,,~uite 10 .,.
..~.
-., -
Address;_4$~l
'
City rnrse! re~hlcc Ctry'
'
d
'
$tatelZip. Florida 'i31"t4 vta ~a
it
StatefZip. Flnr
Phone-...,,i^~ ""~ °'qO _ Phonc-
6 DUr7lI\1>;Tl•
RECOMMENDED'
Date APY VDU: nrrcw~cv.
n,r -- ---
Dat -
Signature, ArchitecdEngineer Si~ature, CM/Cotltractor
McCartney Construction Signature, Client
Representative -COMB Signature, Departrnent of
Management Services
~{,4
sSubstantial Completion Date
DHC 5006
Revised 4103
'this Change Order is an amendment to the Contract Agreerncrst between Contractor and the Owner, and all contrail provisions shall apply unless
specifically exempted. The amount and lime change designated ate the maximum agreed to by both the Owner and the Contractor for this change.ln
~irrnTnda nr
rnnc,rirtar~nn of the fnrroni*t~Sljn~M~ in e~tttraa'~r 1i --r and rx~r^+rt~ fhe cnntraetnr hrxrh~ t~l,Pac*`c l~tam~fmm at3 r,~gjtl7,g
_ _ tran rtin a ramtc and rn-=-rrmc~_ i» nc n Chic anon (lrrirr This t~triEtn ~,..eC.__
-- --- -° --~-- -- : «l,~ ca .~.-n gL~L-~'-~.S..i,._._ t`E+_z...~~.. an (lrrlrr is rhr .rC__r~re
~ - ;,r„~~ { -.- ..~ rnetrarrnr >A^th rert+!-~'* to this rhan8r !?rdcr_ No other agreements or modiF'ications shall apply to this contrail
3mt:ndttlent uIIless expressly provided herein..T-his-~~ +R1aII$G~~G[-t~Yr+10 f-"~~rnrv~"n~,rntm~anr to C~rt~nn 17(1 57 l: lnrida St~mrtrc 1197R1_
Colony Theatre
Contract Reconciliation
Date: 01 /26/2005
Contract amount through C O # 5
Amount paid through 12/31/04
Balance of contract
Total of direct pay subcontractor purchase orders
Amount paid through 12/31/04
Balance of direct pay subs
Balance to complete including C M contract and direct pay subs - 12/31/04
Outstanding Change Orders
CO#6
CO#7
CO#8
CO#9
List of CO items identified, not formally submitted
Insurance (6 mos cvg thru July bldr risk + windstorm)
Contingency - 12 % of balance to complete
Estimate to complete
Upgrades to existing bathrooms -Budget
Revised estimate to complete with bathroom upgrades
$926,373.09
$499,590.22
$1,425,963.31
$145,383.21
$1$4,665.43
$8,798.21
$38, 925.88
$48, 284.00
$37,764.00
$226, 774.00
$2,116,558.04
$62,400.00
$2,178,958.04
tf major modifications are necessary at Auditorium Ceiling it could add up to $400,000 to the above Budget
and an additional 3 months to the project schedule
Addl funding to complete prof (construction) $752;994.73
Addl A/E funding ($142,000 + $4991) $146,991.00
DMS Fee
Total funding to complete project
$5,582,328.09
-$4,655,955.00
$672,000.90
-$172,410.68
$22,499.62
$922,485.35