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HomeMy WebLinkAbout2003-018 AAAmendmentNoLdoe . AMENDMENT NO. 1 FACILITIES MAINTENANCE COMPLEX PROJECT NO. 9820 ARTICLE 1-GENERAL This is an Amendment to the Construction Manager at Risk Agreement(AGREEMENT)dated August 6,2002. ARTICLE 2—CONSTRUCTION MANAGER'S BASIC SERVICES The CONSTRUCTION MANAGER agrees to perform the construction phase services as stipulated in the AGREEMENT to construct a new Facilities Maintenance Complex(sites 1 and 2)as detailed in the construction documents,and in accordance with Proctor Construction's clarifications to the construction documents,dated 12/3/02,which is herein made a part of this Amendment and is attached as Exhibit"A". ARTICLE 5—SCHEDULE The time for completion of the construction phase services shall be 630 calendar days. ARTICLE 7—PAYMENTS TO CONSTRUCTION MANAGER The COUNTY agrees to pay and the CONSTRUCTION MANAGER agrees to accept for services rendered pursuant to this Amendment,a Guaranteed Maximum Price of$7,343,632.24,as detailed in Proctor Construction's price proposal,dated 12/3/02, which is herein made a part of this Amendment and is attached as"Exhibit B". ARTICLE 12-MISCELLANEOUS PROVISIONS A. Receipt of an executed copy of this Amendment shall constitute the COUNTY'S notice to the CONSTRUCTION MANAGER to proceed with the work. B. All provisions of the AGREEMENT not specifically modified shall remain in full force and effect. C. This Amendment,regardless of where executed,shall be governed by and construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County,Florida,or,in the event of federal jurisdiction,in the United States District Court for the Southern District of Florida. IN WITNESS WHEREOF the parties hereto have executed these presents this 21-ay of January 200/ PUX_TOR CONSTRUCTION NY INDIAKRIVER C UNTY,FLORIDA Donald Tolliver r Kenneth R.Macht,Chairman (Corporate Seal) ApprovedbyBCC January 21 , 2003 LL LAG Attest:Jeffrey K.Barton William G.Collins,II,Deputy County Attorney Cie uit Court Approved as to Form and Legal Sufficiency Patricia Ridgely,Deputy Clerk J es E.Chandler,County Administrator Indian River County Approved Date Administration10- Legal j Le al iC Risk 0! 9 03 Budget Public Works z 3I Capital Projects Project Engineer EXIHIBIT A Facilities Maintenance Complex Indian River County, Florida Clarifications to: Construction Management at Risk (CMAR) Agreement Dated August 6, 2002 Project 9820 Article 2.1.9.1 Delete liquidated damages 2.2.14.3 Designated project safety director is Isaac Hilterbrand 2.2.17 No hazardous materials are identified in plans, specifications, etc. Therefore, any hazardous material removal would be outside guaranteed maximum price (GMP). Clarifications to: Contract Documents and General Requirements Dated July 31, 2002 Project 9820 Section 00520 Agreement Article 4.02 Change 600 to 630 4.03 Change $500.00 to $00.00. Section 01732 Selective Demolition Paragraph 3.5.0 Delete 12/3/02 Page 1 of 7 EXIHIBIT A Facilities Maintenance Complex Indian River County, Florida Clarifications to: Plans and Specifications Project 9820 Division 1 —General Conditions 1. The General Conditions for the Facilities Maintenance Complex (FMC) are based on both sites running concurrently, with site 1 starting approximately 6 to 8 months after site 2. 2. Testing for soil compaction,paving, sub-grade, concrete, and pump mix to be performed by Owner. 3. Site 1 —All equipment and vehicles located at the north property line of site 1 to be removed by Owner. 4. Site 1 —Proctor Construction Company (PCC) will not be responsible for moving or storing of any furniture for Owner. 5. A $10,000.00 savings could be realized should Owner base Performance Bond on 100% of Contract value versus 125% of Contract value. Division 2—Sitework 1. Silt barrier for erosion control will remain in contract and only be used if necessary to prevent erosion. 2. Asphalt paving has been deducted from contract. Owner to provide and place asphalt. The deduct amount for both sites is $214,000.00. 3. The vertical curb has been reduced as per revised plan provided by Owner. The deduct amount for both sites is $53,000.00. 4. Striping and pavement marking to remain in contract. 5. Site 2—The sanitary sewer line and two (2) manholes to the south end of site by fuel depot has been deleted. 12/3/02 Page 2 of 7 EXIHIBIT A Division 2—Sitework Cont. 6. Site 2—Owner to supply and install permanent elliptical culvert piping at north boundary line of site along 41"street in a timely fashion as not to affect schedule of project. If needed Owner to provide temporary culverts and entrance drives for construction use. Head walls and piping excluded from PCC contract for a deduct of $13,000.00. 7. Site 1 —PCC is not responsible for the removal or disposal of any 55 gallon barrels. 8. Site 1 —PCC excludes the abatement of any asbestos, lead, or refrigerants if found, during the demolition or construction of project. 9. Site 1 —PCC is not responsible for the removal of hazardous materials or contaminated soil. 10. Site 2—The demolition of abandoned house located at the northwest corner of site is not shown in contract documents. There is a $5000.00 allowance for this item. 11. Site 2 Fuel Depot—Change fueling pump station from suction pumps to dispensers. 12. Add two (2)pump systems to off load tanker trucks into fuel storage tanks. 13. Change fuel storage tanks from concrete encased (fire guard) to double walled fire rated(flame shield). 14. Eliminate two (2) -12,000 gallon fuel storage tanks. 15. Change one (1)—20,000 gallon tank to a 30,000 gallon tank for unleaded gas. 16. One (1) 20,000 gallon tank to remain as specified for diesel. 17. Tank storage slab size has increased to accommodate size of 30,000 gallon tank. 18. Kiosk and oil shed have been deleted from scope of work. The lube cube and air station will be moved to the northeast island. This island will also be roughed in for future dispensers. 19. The canopy size has been reduced from 122' to 114'. The fascia has been reduced from 48"to 24". The deck gauge of canopy has changed from 20 to 24 gauge. 20. The number of lights used under canopy has been reduced from 16 lights to 8 lights. 21. All sod has been changed from floratam to bahia. 22. All fencing has been changed from vinyl to galvanized. 12/3/02 Page 3 of 7 EXIHIBIT A Division 2—Sitework Cont. 23. Site 1 —Existing perimeter fencing will remain and be re-used. PCC to add new cross fence and gates. The deduct amount is approximately $50,000.00 per revised plan by Owner. 24. Site 2—The permanent fence will be installed at the completion of site work. This results in a $9000.00 savings. PCC will still carry $6000 for temporary gates and minor temporary fencing in General Conditions. 25. Site 2—Change west entrance gates to manual rolling gates and east gates to remain cantilever. 26. Irrigation for both sites will be modified from drawings. Irrigation will still conform to all requirements and will be jointly revised by PCC and Owner. Guaranteed Maximum Price (GMP) reflects base drawings. Division 3 Concrete No changes to Plans and Specifications. Division 4—Masonry No changes to Plans and Specifications. Division 5—Metals No changes to Plans and Specifications. Division 6—Woods and Plastics No changes to Plans and Specifications. Division 7—Thermal and Moisture Protection 1. Site 1 - Bituminous damp proofing can not be found on plans. 2. Site 2 - Bituminous damp proofing was to be used on back side of lift pit wall. The lifts have been changed to a self-contained unit, therefore there is no concrete pit and no bituminous damp proofing needed. 3. Bentonite geotextile waterproofing with pre-fabricated drainage composite is listed in Specifications, but cannot be found on drawings, therefore is not included in Contract. 12/3/02 Page 4 of 7 EXIHIBIT A Division 8—Doors and Windows 1. Site 2—The finish on overhead coiling doors has been changed from a powder coat finish to a standard prime finish. 2. Site 2—The finish on overhead coiling door guides has been changed from galvanized finish to standard prime. 3. Aluminum storefronts to be dark bronze anodized per request for information(RFI) 4/1. Division 9—Finishes 1. No access panels are seen in plans for drywall or plywood ceilings. 2. The rigid insulation on exterior walls has been changes to batt insulation. 3. The ceramic tile for both sites has been changed from a porcelain tile to a standard ceramic tile. The wall tile will also be reduced to 4' from finish floor. GMP reflects base drawings. 4. The ceramic floor tiles has been changed from a 6"x 6"porcelain to a 12"x 12" standard ceramic tile. Division 10—Specialties 1. Visual display boards are listed in specifications, but cannot be found in plans. Display Boards are not included in Contract. 2. PCC has not been able to locate any fire extinguishers on plans. There is a $6000.00 allowance for this item. 3. Window treatments are not included in this Contract. Division 11 —Equipment 1. PCC has not been able to locate any projection screens on plans. There is a$1000.00 allowance for this item. Division 12—Furnishings Non-Applicable Division 13—Special Construction 12/3/02 Page 5 of 7 EXIHIBIT A 1. Pre-engineered metal building design has changed. The facade and hidden gutter has been deleted. A color band will be used with exposed gutter. Division 14—Conveying Systems 1. Lift quantities vary between plans and specifications. Lift pricing is based on quantities given by Owner. Five (5) (MOD 30) 50,000 lb. built in lifts, one (1) 15,000 lb surface mounted post lift and one (1) 18,000 lb. surface mounted post lift. 2. The 50,000 pound built in lifts has been changed from specifications as directed by Owner. The surface mounted lifts are as specified. 3. Owner is responsible for disconnecting, moving, and re-installing all existing lifts to be relocated from Public Works. Division 15—Mechanical 1. The sanitary piping above slab has been changed from cast iron to PVC. 2. Plumbing fixtures to change to commercial grade fixtures upon approval of shop drawings. 3. Protection of P-traps water seal from evaporation by way of safe waste or deep seal traps to be used as per 2001 State Code. 4. PVC piping for slab on grade rough-ins will not be sleeved at concrete floors. 5. All tests to be performed as per local jurisdiction with 24 hour notice. 6. Painting of exposed PVC vent pipes not included. 7. Per specification Section 15410 1.8, excess materials to be furnished by subcontractor for first year during warranty period. Division 16—Electrical 1. Delete coordination drawings. 2. Delete coordination study/short circuit. 3. Delete submittals on: dimmer system, voice data, paging, tv system, under floor raceway system, security system, VFD's, lightning protection system, and energy management system. 4. Delete load calculations on panel schedules. 5. Delete testing as requested in specification 16410, 16420 and 16442. 12/3/02 Page 6 of 7 EXIHIBIT A 6. Delete concrete encasement of conduit and duct banks for site electric. Division 16—Electrical Cont. 7. As-built drawings to be completed on common as-built plan. 8. Install fire alarm per fire alarm contractor(Simplex) specifications. 9. Site 1 and 2—$10,000.00 allowance for motor starters. 12/3/02 Page 7 of 7 EXHIBIT B PROCTOR CONSTRUCTION COMPANY Guaranteed Maximum Price Project: Facilities Maintenance Complex-Site 1 10 Months Ph Cost Typ Description Budget 010 002 L Daily Cleanup 7,000 010 003 O Final Cleaning 2,000 010 006 O Testing B.O. 010 009 O Common Labor 7,000 010 010 O Permit B.O. 010 011 O Impact Fees B.O. 010 015 O Insurance 15,300 010 016 O Bond 21,000 010 018 O Job Photographs 1,300 010 019 O Barriers/Fences(Temp) 4,000 010 022 O Surveys 15,000 010 024 O Rentals 14,000 010 026 O Storage Trailers 1,000 010 027 O OSHA&First Aid 1,000 010 030 O Temporary Electric 6,000 010 031 O Postage/Shop Drawings 2,000 010 034 O Telephone Bill 5,500 010 039 O Dumpster Expense 5,500 010 046 O Blueprints 3,000 010 051 O Field Office Equipment 10,000 010 058 O Portable Toilet 4,500 Soil Poisoning 4,000 Subtotal-General Conditions 129,100 020 050 S Sitework 482,382 Demolition-Site 39,500 Demolition-Fuel Depot 12,000 020 080 S Landscaping/Sod 111,462 020 082 S Irrigation 43,000 020 088 S Chain Link Fence 32,500 030 228 S Concrete 119,570 040 200 S Masonry 96,408 050 556 S Structural Steel 0 060 394 S Rough Carpentry 64,200 060 395 M Trusses 26,664 060 397M Rough Lumber 37,429 12/3/02 060 398 M Finish Carpentry 25 000 Page 1 EXHIBIT B PROCTOR CONSTRUCTION COMPANY Guaranteed Maximum Price Project: Facilities Maintenance Complex-Site 1 10 Months Ph Cost Typ Description Budget 060 408 S Cabinets(Laminate) 1,635 070 425 S Fireproofing 1,000 070 429 S Insulation 18,000 070 433 S Roofing 30,204 070 477 S Caulking& Sealants 4,500 080 500 S Storefront/Windows 14,595 080 503 S Doors/Frames/Hardware 51,715 080 508 S Sectional Doors 8,995 080 537 M Access Doors 2,000 090 553 S Drywall/Metal Studs/Stucco 147,552 090 556 S Ceramic Tile 25,864 090 562 S Special Flooring 0 090 564 S Acoustical Ceilings 9,641 090 566 S Painting/Caulking 43,445 090 680 S Carpet&VCT 16,567 100 100 S Tackboards 0 100 601 S Toilet/Bath Accessories 15,336 100 606 M Fire Extinguishes 3,000 100 607 S Flag Pole p 100 613 S Letters and Signs 3,064 130 703 S Pre-Eng Metal Bldg 0 110 130 S Louver 979 110 131 S Projection Screens 1,000 110 632 M Appliances 0 120 500 S Window Treatments 0 150 761 S Plumbing 69,500 150 767 S HVAC 158,000 150 769 S Fire Sprinklers 0 160 001 S Electrical 184,250 160 001 S Electrical Allowance-Motor Starters 51000 Subtotal-Subcontracts 1,905,957 Labor 224,100 Fee 7% $158,140.99 Contingency 2% $48,345.96 12/3/02 TOTAL $2,465,643.95 Page 2 EXHIBIT B PROCTOR CONSTRUCTION COMPANY Guaranteed Maximum Price Project: Facilities Maintenance Complex-Site 2 11 Months Ph Cost Typ Description Budget 010 002 L Daily Cleanup 6,000 010 003 O Final Cleaning 1,500 010 006 O Testing B.O. 010 009 L Common Labor 6,000 010 010 O Permit B.O. 010 011 O Impact Fees B.O. 010 015 O Insurance 31,000 010 016 O Bond 41,000 010 018 O Job Photographs 1,200 010 019 O Barriers/Fences(Temp) 6,000 010 022 O Surveys 15,000 010 024 O Rentals 14,400 010 026 O Storage Trailers 1,200 010 027 O OSHA&First Aid 1,000 010 030 O Temporary Electric 9,000 010 031 O Postage 3,000 010 034 O Telephone Bill 6,000 010 039 O Dumpster Expense 5,000 010 046 O Blueprints&Asbuilts 3,000- 010 058 O Portable Toilet 5,000 010 056 O Water Bills 4,000 010 057 O Electric Bills 8,000 010 060 S Soil Poisoning 6,000 Subtotal-General Conditions 173,300 Tree Moving 12,500 020 050 S Sitework 779,460 Demolition 5,000 . 020 080 S Landscaping/Sod 72,335 Irrigation 33,000 030 228 S Concrete 318,600 040 200 S Masonry 106,706 050 350 S Fences/Gates 64,849 050 556 S Structural Steel 0 060 394 S Rough Carpentry 3,000 060 395 M Trusses 0 12/3/02 1060 397 M Rough Lumber . 3,000 1 Page 3 EXHIBIT B PROCTOR CONSTRUCTION COMPANY Guaranteed Maximum Price Project: Facilities Maintenance Complex-Site 2 11 Months Ph Cost Typ Description Budget 060 398 S Finish Carpentry 25,000 060 408 S Cabinets(Laminate) 7,155 070 429 S Foam Insulation 0 070 433 S Roofing 0 070 477 O Caulking and Sealants 8,000 080 500 S Storefront/Windows 33,975 080 503 S Doors/Frames/Hardware 47,900 080 508 S Rollup Doors 65,178 090 552 S Drywall/Metal Studs/Stucco 111,756 090 556 S Ceramic Tile 47,615 090 564 S Acoustical Ceilings 11,777- 090 566 S Painting/Caulking 42,242 090 680 S Carpet&VCT 31,427 100 100 S Tackboards/Marker boards 0- 100 601 S Toilet/Partitions 17,268 100 606 M Fire Extinguishes 3,000 100 613 S Letters and Signs 3,462 130 703 S Pre-Eng Metal Bldg 446,360- Fueling 46360Fueling Package 438,894 Lube Systems 100,958 Lifts 377,315 150 761 S Plumbing 99,500 150 767 S HVAC 303,725 150 769 S Fire Sprinklers 43,580 160 001 S Electrical 389,751 160 001 S Electrical Allowance-Motor Starters 5,000 Subtotal-Subcontracts 4,059,288 Labor 236,890 Fee 7% $312,863.46 Contingency 2% $95,646.83 TOTAL $4,877,988.29 12/3/02 Page 4