Item D42
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20,2006
Bulk Item: Yes XX No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITE:M WORDING:
Execution of GMP Amendment for the Key West International Airport and Florida Keys Marathon
Airport
ITEM BACKGROUND: On October 19,2006 the County entered into a contract with the
Morganti Group for the Key West International Airport -New Terminal Building and
Renovation Pr'oject. As a result of the damage caused by Hurricane Wilma and the health and
safety issues it created at the Florida Keys Marathon Airport on March 15, 2006 the RO.e.e.
approved an amendment to the Morganti contract for Hurricane Damage Repair Work to the
Marathon Airport. The contract requires that Morganti and the County prepare and execute an
amendment to the contract reflecting the G.M.P.
PREVIOUS RELEVANT BOCC ACTION:
Verbally approved the G.M.P. amendment at the November 2006 ROe.e. meeting
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Execute amendment
TOTAL COSll:
BUDGETED: Yes XX
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED ny: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DURECTOR APPROVAL:
(TYPE NAME HERE)
DOCUMENTATION:
fuel uded
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 2/05
Dil.
1HIRD AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND
CONSTRUCTION MANAGER, THE MORGANTI GROUP, INe.
KEY WEST INTERNATIONAL AIRPORT-
'NEW TERMINAL BUILDING AND RENOVATION PROJECT
Guaranteed Maximum Price Amendment
This third amendment (hereinafter "GMP Amendment") to the Agreement between the County and
Construction Manager, the Morganti Group, Inc., for the Key West International Airport - New
Terminal Building and Renovation Project (hereinafter "Agreement") is made and entered into this
:2077f day of Dtrc(fl'1s4i)I( ,2006, by and between Monroe County, a political subdivision of
the State of Florida (hereinafter "County"), and The Morganti Group, Inc" a corporation of the State of
Florida, (hereinafter "The Morganti Group").
WITNESSETH
WHEREAS, on the 2nd day of November 2005 the parties entered into an Agreement dated October 19,
2005 for the New Terminal Building and Renovation Project at the Key West International Airport;
and
WHEREAS, on the 15th day of March 2006 the parties entered into an amendment, incorporated
herein, of the original agreement whereby The Morganti Group contracted with the County to perform
Hurricane Damage Repair Work to the Florida Keys Marathon Airport; and
WHEREAS, The County and The Morganti Group have agreed to amend and clarify both the
Agreement and the First Amendment in a second amendment to the Agreement;
WHEREAS, the F.A.A. and the F.D.O.T. have both provided grant funds for the New Terminal
Building and Renovation Project at the Key West International Airport and the Hurricane Damage
Repair Work to the Florida Keys Marathon Airport; and
WHEREAS, the grant awards contain grant conditions which must be satisfied;
WHEREAS, the parties are currently working together and with the Architect-Engineer to determine
the scope of each party's responsibility and appropriate lines of authority to assure compliance with
such grant conditions during the Construction Phase;
WHEREAS, the parties intend to amend the Agreement, separately from this GMP Amendment, to
address such compliance responsibilities;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the
parties agree to amend the original Agreement as follows:
.$K
In accordance with Article 7, the County hereby approves and the Agreement dated October] 9,2005
is hereby amended to establish for the designated portion of the work described in the GMP proposal
dated November 15,2006 the Guaranteed Maximum Price in the amount of$31,613,533.00 for the
Key West Intemational Airport New Terminal Building and Renovation Project and $3,718,026.00 for
the Marathon Hurricane Damage Repair Work. The total Guaranteed Maximum Price, $35,331,559.00,
includes preconstruction and construction phase fees and overhead and profit for the Key West
Intemational Airport New Terminal Building and Renovation Project and the Marathon Hurricane
Damage Repair Work.
All other provisions of the October 19, 2005 Agreement (as previously amended), not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Amendment to the agreement to be executed by
its duly authorized representative.
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
Construction Manager:
The Morganti Group, Inc.
~;,., ~'"<-R'~"". M_"
ATTEST:
~ft;e:~t;~~~bL
SECOND AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY
~D CONSTRUCTION MANAGER. THE MORGANTI GROUP, INC.
KEY WEST INTERNATIONAL AIRPORT-
NEW TERMINAL BUILDNG AND RENOVATION PROJECT
THIS SECOND AMENDMENT (hereinafter "2nd Amendment") to the
Agreement between the County and Construction Manager, The Morganti Group, Inc.,
for the Key West International Airport - New Terminal Building And Renovation Project
(hereinafter "agreement") is made and entered into this day of
, 2006, by and between MONROE COUNTY, a political subdivision
of the State of Florida (hereinafter "County"), and The Morganti Group, Inc., a
corporation of the State of Florida, (hereinafter "The Morganti Group").
WITNESSETH
WHEREAS, on the 19th day of October, 2005, the parties entered into an
Agreement for the New Terminal Building and Renovation Project at the Key West
International Airport; and
\VHEREAS, on 15th day of March 2006 the parties entered into an amendment,
incorporated herein, of the original agreement whereby The Morganti Group contracted
with tht: County to perform Hurricane Damage Repair Work (Repair Work) to the
Florida Keys Marathon Airport; and
WHEREAS, The County and The Morganti Group have agreed to amend and
clarify both the Key West International Airport - New Terminal Building And
Renovation Project agreement and the Florida Keys Marathon Airport Hurricane Damage
Repair Work amendment; and
WHEREAS, the County and The Morganti Group have agreed to memorialize
these amendments and clarifications;
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth below, the parties agree to amend the original agreement Agreement for the New
Terminal Building and Renovation Proiect at the Kev West International Airport as
amended bv Florida Kevs Marathon Airport Hurricane Damage Repair Work
Amendment as follows:
1. Section 1.1 is amended to read as follows:
1.1 The Construction Team The Construction Manager, tlle Direetor of Faeilities
f)e.,'eIOj'lffient for tlle COllnt)" the Protect Director Direetor of Planning and
f)e...elotment for tlle K, West Intemational f.iFj'lort and the Architect-Engineer,
called t e "Construction eam", shall work jointly during design and through final
construction completion and shall be availaole thereafter should additional services
be required. The Architect-Engineer will provide leadership during the
Preconstruction Phase with support from the Construction Manager and the
Construction Manager shall proVIde leadership to the Construction Team on all
matters relating to construction.
TAL#565469.3
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2. Section 1.2 is amended to read as follows:
1.2 Extent of Al1eement - This Agreement for the Key West International
Airport-New Termina Building and Renovation Project (Kev West Project) and the
Florida Kevs Marathon Airport Hurricane Damage Reo air Work (Marathon Reoair
Work). between the County and the Construction Manager, supersedes any prior
negotIations, representations or a,greements. When drawings, specifications and
other descriptive documents defimng the work to be included under a construction
authorization are substantially complete, they shall be identified in the construction
authorization issued by the Project Director. When drawings, specifications and
other descriptive documents defining the work to be included in the guaranteed
maximum price (GMP) are sufficiently complete, an Amendment to the Agreement
shall be signed by the County and Construction Manager, acknowledging the GMP
amount and the drawings, specifications and other descriptive documents upon
which the GMP is based. To expedite the preparation of this GMP Amendment by
the County, the Construction Manager shall obtain four (4) sets of signed, sealed
and dated drawings, specifications, and other documents upon which the GMP is
based from the ArchItect-Engineer, and shall acknowledge on the face of each
document of each set that it is the set upon which he based his GMP and shall send
one set of the documents to the COImty's Director of Facilities De'/elojllRcnt
pro~ect Director Key West :\ifj'lort, Director of P'anninf aHa De'/elojllRent along
wit his GMP proposal, while keeping one set for himse f and returning one set to
thtl Architect-Engineer, and one set to the Clerk of Courts for Monroe County. The
GMP Proposal shall include the following sections:
Section One: Summary of Work
Section Two: GMP Price Summary - To include Construction
Authorization & Tax Savings
Section Three: Scope Clarifications and Assumptions
Section Four: Detailed Estimate
Section Five: Bid Tabulations and Recommendations
Section Six: Preliminary Construction Schedule
Section Seven: Contract Documents - Drawing List and Specification
List
This Agreement shall not be superseded by any provisions of the documents for
construction and may be amended only by written instrument signed by both the
County and the Construction Manager.
3. Section 1.3 is amended to read as follows:
1.3 Definitions:
Architect-Engineer - URS Corporation Southern, 7650 Corporate Center Drive,
Suite 400 Miami, Florida 33126.
Construction Authorization - The term Construction Authorization shall mean a
wnitten work order based on a defined scope of work excluding Construction
M2magers fees a.s specified in Article 8, prepared by th.e Project Director af,ld issued
to the ConstructIOn Manager. ConstructIOn AuthonzatIons shall be used pnor to the
date of the GMP Amendment and all work performed pursuant to Construction
Authorizations shall be included in the GMP
Conslruction Manager - The Morganti Group, Inc., 1450 Centrepark Boulevard,
SWle 260, West Palm Beach, Florida 33401,
Owner - Monroe County, a political subdivision of the State of Florida, aCling
through its Board ofCounly Commissioners (hereinafter BOCC).
~~nt~'s Re~resentatives - The ~~:~r ~; ka~I~~s D~~=~= Pro~ct Director
Im'ect r of lar.ning aHa De...el fi c T st I .'.1 ort and hIS
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superiors or designees.
Permitting Authority - The local authority with jurisdiction over the area in which
tht: project IS located.
Kf; we~ Pro~ - The Project is the total weFk te Be performea lIHeer this
Aj;, eelRe 1. The Pr~i eet consists of permitting, construction and code inspection
for Key West InternatIOnal Airport-New Terminal Buildin,!;\ and Renovation Project
nel~essary to build the component parts of the project identJfied in Exhibit B.
Marathon Repair Work - The Rjtair Work consists of permitting, construction and
co e mspectlOn for the Flonda evs Marathon Airport Hurncane Damage Re~alr
Work necessary to build the component parts of the proiect Identified in Exhibit 1.
4.
Pro~ect Director - The Dirootm of Facilitios DevclefHHont Countv Entp.ccr Direeter
ef-Iar.Ring lIfla DeyelepmeRt of ~-West--ffit6fHllbElfIal f.irport - IS heremafter
referred to as Project DlI'ectorj and is designated by the County to provide direct
interface with the Construction Manager with respect to the County's
responsibilities.
Sel~tion 1.4 is amended to read as follows:
I A Count's Construction Bud et-
Bu' v I n Pr e : e ounty suns u gete
ani requeste or constructIOn 0 e rOJect. e ounty's Construction Budget is
Twenty-five million ($25,000,000.00) as te Be dfe';iaea BY the Censtruetien
MiHlllger llfIa iaeHtiFiea in exhiBit B, including all onstruction Manager fees, costs
of the work and the County's and Construction Manager's construction and interface
contingencies as defined in Articles 8 and 9. +his llelffiswloagolReHt ef the
be I' ,
GlJ. .. . A Guaranteed Maximum Price will be offere bv
~)arate documentation as outlined in Article 7.
The following paragraph is appended to the Agreement between the County and
Construction Manager and incorporated into the original agreement as paragraph
1.5
5.
1.5 urn e
Dam R M h n all' r: e ounty s un s u gete an
requeste or t e urncane amage repair wor . The County's Hurricane Damage
Repair Budget is appre)[ilRlltely Three Million Seven Hundred Ei hteen Thousand
Five Hundred Fift Nine Dollars 3718559.00,
thti COllRty's InSlH'llftee ellfflOf, mc udmg a Construction Manager fees, costs of the
work and the County's and Construction Manager's construction and interface
contingencies as defined in Articles 8 and 9. This aeknowledgement of the
Ge::t~ ~1Iti:~~=~.~ net te Be eenstruea.lIS the Csnotf!1elisn MllIla5er's
Gti~ - -t e --.{ -- - ---fl--. A Guaranteed MaXimum Pnce will be offere by
separate documentation as outlined in Article 7.
6. Se(:tion 2.1.4 shall be amended to read as follows:
2.1.4 Cost Control Subsvstem - The operation of this subsystem shall provide
suffiCient limely data and detail to permit the Construction Team to control and
adjust the Kev West Project and Marathon Repair Work requirements, needs,
materials, equipment and systems by bUlldmg and site elements so that construction
will be completed at a cost which, together with all other Kev West Project and
Marathon Repair Work costs, will not exceed the maximum total Kev West Project
or Marathon Repair Work budget.
TAL#565469.3
The requirements of this subsystem for the Key 'Nest IfltBffiatiBHal f.il"jlort New
+.:miHaI BliildiHg !.fid ReHovatioH Protest Kev West Proiect include the following
submissions at the following phases oft e project:
Estimates
(a) . At completion of Advanced Schematic Preconstruction Phase For Each Item
or BId Package.
(b) At Completion of Design Development Phase For Each Item Or Bid Package.
(c) At establishment of the Guaranteed Maximum
(d) At Completion of 100% Construction Docume
Package.
(e'l Construction Documents Estimates - Prior te
wilen the working drawings and specifications a
Manager shall }lrt:{lare and submit a cost estimate
matenal take-off WIth current local cost for each bid
The r~uirements of this subs~stem for the Fl
:a~i::H~:f\~e :H~~~g1h!~e~:rat~~~~:~
which shall be rovided to t e Pro' ect Director :
ConstructIOn AuthonzatlOns are sou t or t e GMP
Estimates
m :\t CeIHflletioH ef I OO~(, COHstruetioH DOelliRl
Pfrekage-c
<) '/!/"
l72tu:J.LtldtN?i'JJ
aq9- 5-9(0 9
CfQfit
6""[3,-98.7 -JCC'?~:
fil CeHstR1eti~H D~slllJ!.sHts EG~imates Prier te the Bid ef eaell Bid paek~e,
\W:leH the werkiHg drawiHgs aad speeiiieatieHs are eeIHfllete, tlle COHstrnetJoH
~:~uirt::I~r:th~li::H~=lte:s~r: :a~mbi~ ;:li~t;:~:!t:uci~r:~~:e
7.
Sel:tion 2.2(1) shall be amended to read as follows:
2.2: PROJECT MANUAL
Upon award of contract the Construction Manager shall develop a draft
c~mprehensive Proje~t Man1;1al. ~Iicable to both the ~. ~~st eat.~~~!
=tl:o lI~ridI~~a~r;~~t~ ~~H=::a~~~~~
Marathon Repair Work describing the services set forth in thIS Contract. This
shall provide a plan for the control, direction, coordination and evaluation of
work performed throughout the project organization including identification of
Key personnel, responsibilities of Construction Manager, County and
Architect-Engineer; work flow diagrams; and strategy for bidding the work.
The Project Manual shall be updated as necessary throucl1out the design,
construction and Owner occupancy phases. Five copies oftne Project Manual
and any updates shall be submitted to the County and Architect-Engineer. In
developing the Project Manual, the Construction Manager shall coordinate
with the County and the Architect-Engineer. A separate proiect manual shall
not be required for the Marathon Repair Work.
8. Section 2.3(8) is amended to read as follows:
(1)
(8) Market Analvsis and Stimulation of Bidder Interest - This subsection.
TAL#5654',9.3
2.3(8) shall apply to the Kev West Proiect only.
(a) The Construction Manager shall monitor conditions in the construction
market to identify factors that will or may affect costs and time for
completing the project; he shall make analysis as necessary to (I)
determine and report on availability of labor, material, equipment,
potential bidders, and possible impact of any shortages or surpluses of
labor or material, and (2) in light of such determinations, make
recommendations as may be appropriate with respect to long lead
procurement, separation of constructIon into bid packages, sequencing
of work, use of alternative materials, equipment or methods, other
economics in design or construction, and other matters that will
promote cost savings and completion within the scheduled time.
(b) Within thirty (30) days after receiving Notice to Proceed, the
Construction Manager shall submit a wntten "Construction Market
Analysis and Prospective Bidders Report" setting out
recommendations and providing information as to prospective bidders.
As various bid packages are prepared for bidding, the Construction
Manager shall submit to the Project Director and the Architect-
Engineer a list of potential bidders. The Construction Manager shall
be responsible to stimulate bidder interest in the local market place and
identify and encourage bidding competition.
(c) The Construction Manager shall carry out an active program of
stimulating interest of qualified Contractors and subcontractors in
bidding on the work and of familiarizing those bidders with the
requirements of this proj ect.
9. Section 2.4(4) is amended to read as follows:
(4) Solicitation of Bids - This subsection 2.4 4 a lies to work related
to the Key West Prolect only. Bv way 0 amen ent dated March 3.2006
and attached hereto. the reauirements contained withm thIS subsectIon.
2.4(4), are waived for the Marathon Repair Work.
(a) Without assuming responsibilities of the Architect-Engineer, and
unless waived in writing by the County, the Construction Manager
shall prepare invitations for bids, or requests for proposal when
applicable, for all procurements of long lead items, materials and
services, and for Subcontractor contracts. If solicitation of bids is
waived in writing by the County, the Construction Manager will
adhere to County polIcy and procedures for all procurements of long
lead items, matenals and services, and for Subcontractor contracts.
Invitations for bids shall be prepared in accordance with the following
gUIdelInes:
I. Contracts over Ten Thousand Dollars ($10,000) but not exceeding
Twenty Five Thousand Dollars ($25,000) may be entered into by
the Construction Manager with the firm which submits the lowest
verbal quotation. The Construction Manager shall obtain a
minimum of two (2) verbal quotations. These quotations shall be
entered on a bid tabulation sheet and a copy of such tabulation
sent to the County and Architect-Engineer upon request. The
successful quotation shall be confirmed by written contract or
purchase order defining the scope and quality of work to be
provided and awarded to the firm with the most responsive bid. .
2. Contracts exceeding Twenty Five Thousand Dollars ($25,000) but
T AL#565469.3
3.
not exceeding Two Hundred Thousand Dollars ($200,000) may be
entered into by the Construction Manager with the firm who is
qualified and submits the most responsive proposal. The
Construction Manager shall request at least three (3) firms to
submit sealed written proposals based on a written drawings
and/or specification. The written proposals shall all be received at
the location, date and time named by the Construction Manager in
his request for proposal. A tabulation of the results shall be
furnished to the County and Architect-Engineer upon request.
Contracts exceeding Two Hundred Thousand Dollars ($200,000)
may be entered into by the Construction Manager with the firm
who is qualified and submits the lowest responsive proposal. The
Construction Manager shall advertise these proj ects at least once
with the last advertisement appearing at least 21 calendar days
prior to the established bid opening date and at least five 5 days
prior to any scheduled pre-bid conference. These proposals shall
be based on approved plans and specifications. Bids shall be
received at the location, date and time established in the bid
advertisement.
Individual purchases of materials or rentals or leases of equipment
amounting to less than Ten Thousand Dollars ($10,000) each may
be made without bids or quotes when reasonably necessary to
expedite work on the project, however, the Construction Manager
shall not divide or separate procurement in order to avoid the
requirements set forth above.
Site utilities may be acquired at market rates from the entity(ies)
providing such in the franchise area.
(b) As part of such preparation, the Construction Manager shall review the
specifications and drawings prepared by the Architect-Engineer.
Ambiguities, conflicts or lack of clarity of lanj;uage, use of illegally
restrictive requirements, and any other defects III the specifications or
in the drawings noted by the Construction Manager shall be brought to
the attention of the Project Director and Architect-Engineer in written
form.
4.
5.
(c) For each separate construction contract exceeding Twenty Five
Thousand Dollars ($25,000), the Construction Manager shall, unless
waived in writing by the County, conduct a pre-bid conference with
prospective bidders, the Architect-Engineer and Project Director. In
the event questions are raised which require an interpretation of the
bidding documents or otherwise indicate a need for clarification or
correctIOn of the invitation, the Construction Manager shall transmit
these to the Architect-Engineer and upon receiving clarification or
correction in writing shall prepare an addendum to the bidding
document, and issue same to all of the prospective bidders.
(d) For all contracts exceeding One Hundred Thousand Dollars
($100,000), the Construction Manager shall establish a pre-
qualification procedure for applicable subcontract trades.
10. Section 3.2 is amended to read as follows:
3.2 Countv's Rewesentative - The Director ef PaeilitieG De'/elepmeHt
Proiect Director sha I be fully acquainted with the project and shall define the
lines of Owner authority to approve Project Construction Budgets, and
TAL#5654',9.3
changes in the Project. He shall render decisions promptly and furnish
information expeditiously.
II. Secltion 8.1. is amended to read:
8.1 In consideration of the performance of the contract, the County agrees to
pay the Construction Manager as compensation for his services, fees as set forth
m Subparagraphs 8.1.1, 8.1.2, lIflll 8.1.3. 8.1.4. 8.1.5 and 8.1.6.
12. Section 8.1.1 is amended to read as follows:
8.1.1 Preconstruction Phase Fee Kev West Proiect - For the performance of the
services set forth under paragraphs 2.1.3(1), 2.1.4(a)(b)(c)(d), 2.3(1) and 2.3(2)
and for profit and overhead related to these services, a total fee of Two Hundred
Thousand Dollars ($200,000). The Preconstruction Phase Fee shall be invoiced
and paid in five (5) equal monthly payments of Thirty Thousand Dollars
($30,000) each and a final monthly payment of Fifty Thousand Dollars
($50,000) at completion of PreconstructlOn Phase Services in accordance with
the Florida Prompt Payment Act, F.S. 218.735. The first monthly payment shall
become due following the issuance of Notice-To-Proceed with the
Preconstruction Phase Services.
13. Section 8.1.2 is amended to read as follows:
8.1.2 Construction Phase Fee- Kev West Proiect - Prior to commencement of
the Construction Phase, the County will dIrect the Construction Manager in
writing to proceed into the Construction Phase. The Construction Manager's
compensation for work or services performed on the Kev West Proiect during
the Construction Phase shall be a fee of Two Million FIve Hundred Thousand
Dollars ($2,500,000) (However, the County retains the right to review the need
and effectiveness of any employee or employees assigned by the Construction
Manager, should the Project Director questIOn the need for the employee or
employees). The Construction Phase Fee shall be invoiced and paid m Twent~
Three (23) monthly payments of One Hundred and Five Thousand ($105,000
each and one final monthly payment of Eighty Five Thousand Dollars ($85,000
in accordance with the Florida Prompt Payment Act F.S. 218.735. The first
monthly payment shall become due following the issuance of the first
ConstructIOn Authorization by the Project Director and the final monthly
payment shall be paid only when construction ofthe project is finally completed
and occupancy of the project accepted by the County. If constructIOn is
authorized only for a part of the pro] ect, the fee paid shall be proportionate to
the amount of work authorized by the County. ~Movided m subsection
8.1.2. I the Ke West Pro'ect shall not excee wo illion Five Hundred
Thousand Dollars 2 500 000
(I) Construction Manager's Exclusive Remedv: In the event the
construction Substantial or Final Completion date IS extended, regardless of
whether delay is eallsed BY as the sole result of any act or sole neglect of the
County or the Architect-Engineer, or IS solely attributable to the County or the
Architect-Engineer, the Construction Manager's sole and exclusive remedy is an
extension of the construction completion date and payment of addItional
Construction Phase fees and Overhead and Profit for Construction Phase as
provided by Articles 10 and 16. AnC; delavs occasioned bv the construction
manager's failure to provide the ountv or the Architect-Engineer WIth
appropnate documentatIOn that this Agreement expresslv reqUIres the
ConstructIOn Manager to proVIde or faIlure to obtam reqUIred approvals that the
ConstructIOn Manager IS expresslv reqUIred bv thIS Agreement to obtam shall
not be attributable to the Countv or the Architect-Engineer.
(2) Costs and Expenses Included in Fee - The following are included in the
Construction Manager's fee for services during the Construction Phase:
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(a) Salaries O'r O'ther cO'mpensatiO'n O'f the CO'nstructiO'n Manager's emplO'yees
at his principal O'ffice and branch O'ffices.
The CO'nstructiO'n Manager's JlersO'nnel to' be assigned during the cO'nstructiO'n
phase, their duties and respO'nsibilities to' this project and the duratiO'n O'f their
assignments are shO'wn O'n Exhibits H and 1.
(b) The CO'sts O'f all data processing staff.
(c) Salaries O'r O'ther cO'mpensatiO'n O'f the CO'nstructiO'n Manager's emplO'yees
at the jO'b site. The CO'nstructiO'n Manager's persO'nnel to' be assigned to' the site
during the CO'nstructiO'n Phase under the jO'O site management and supervisiO'n
fee, their duties and respO'nsibilities and the duratiO'n O'f their assignment are
shO'wn O'n Exhibit 1.
15.
(d) General O'perating expenses incurred in the management and supervisiO'n
O'fthe project, except as expressly included in Article 9.
(e) ThO'se services set fO'rth in Article 2.4(9)(a).
(f) JO'b O'ffice supplies - includes paper, pencils, paper clips, file fO'lders,
staples, etc., and JanitO'rial supplies (phO'tO' CO'py O'r blue print paper nO't
included).
(g) Direct tax saving purchase program.
14. SectiO'n 8.1.3 is amended to' read as fO'llO'ws:
8.1.3 Overhead And Profit FO'r CO'nstructiO'n Phase-Kev West Proiect: FO'r
O'verhead, prO'fit and general expenses O'f any kmd, except as may be expressly
included m Article 9, fO'r services provided during and related to' the
cO'nstructiO'n phase O'f the Key West Proi ect, the fee shall be One MilliO'n DO'llars
($1,000,000) and shall be paid propO'rtiO'nally to' the ratiO' O'f the CO'st O'f the wO'rk
in place, and less retainage (see Article 12.1), as it bears O'n the latest estimate O'f
the tO'tal cO'nstructiO'n CO'st O'r to' the GMP, whichever is less. The balance O'fthe
fee shall be paid when cO'nstructiO'n O'f the prO'ject is finally cO'mpleted and
O'ccupancy O'f the prO'ject accepted by the CO'unty. If cO'nstructiO'n is authO'rized
O'nly fO'r a part O'fthe prO'ject, the fee paid shall be propO'rtiO'nate to' the amO'unt O'f
wO'rk authO'rized by the CO'unty.
Th,~ fO'llO'wing paragraph is appended to' the Agreement between the CO'untv and
ConstructiO'n Manager and incO'rpO'rated mtO' the O'riginal agreement as paragraph
8.1.4.
-T1.4 PrecO'nstructiO'n Phase Fee- MarathO'n R air WO'rk - FO'r the erfO'rmance
0' t e services set O'rth under ara a s 2.1.3 I 2.1.4 a b c d 2.3 1 an
2.3 2 and O'r rO' It and O'verhea re ate to' these services a tO'ta ee 0' went
Five ThO'usan Nme Hun e Sixteen DO'llars and Thirt EI t Cents
25916.38 The PrecO'nstructlOn P ase Fee s a e mVOlce and aid m a
sm e a ent 0' 25916.38 to' be I ed nO' earher than A nl 15 006 and
sha I e paid m accO'r ance Wit t e FIO'nda Prompt Pavrnent ct. F.S. 218.735.
The first mO'nthlv pa~ent shall becO'me due fO'llO'wmg the issuance O'f NO'tice-
TO'-PrO'ceed With tlie recO'nstructlOn Phase Services.
The CO'nstructiO'n ~an.a~er's persO'nnel to' be assigned during this ~hase and their
dul1es and resEO'nslblhl1es to' thiS prolect and the duratIOn O'f their assignments
are shO'wn O'n Xhlblt F.
16. Th,: follO'win'U!aragraph is appended to' the Agreement between the CO'untv and
Construction Manager and incO'rporated into the origmal agreement as paragraph
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8.1.5.
-~1. . n Ph Fe - on R ir W r - The Construction
anager s compensatIOn or wor or services j:!erformed dunng the
ConstructIOn Phase shall be a fee of Three Hundred Twent Three Thousand
Nme Hundred FI Four Do ars and Sevent Cents 323954.70. However
t e ount retams the n t to review the need an e ectlveness of an
em 10 ee or em 0 ees assl e t e onstructlOn Mana er shou d the
Pro ect Director uestlon e nee or teem 0 ee or em 0 ees. The
ConstructIOn P ase services egan on Apn 15.2006 and will nm or 13 mon s
until Ma 15 2007. Pa ent shall be mVOlced and aid in 12 e ual monthl
msta ents 0 2500 eac an one ma a ent 0 23954.70 m accor ance
Wit the F on a Prompt PaYment Act F.S. 218.735. T e ust monthly payment
shall become due followmcf the Issuance of the first Construction Authorization
by the Proiect Director an the final monthlv payment shall be paid only when
construction of the proiect is finally com~leted and occupancy of the proiect
accepted bv the Counta. If constructIOn IS authorized only for a friar! of the
proiect. the fee paid sha I be proportionate to the amount of work aut orized by
the Count . Exce t as rovided m subsection 8.1.5 I the Construction
Manager's constructIOn PI ase ee for the Marathon Repair Work shal not
exceed Three Hundred Twentr Three Thousand Nme Hundred Fifty Four
Dollars and Seventy Cents ($32 .954.70).
(1) Construction Mana~er's Exclusive Remedy: In the event the
construction Substantial or Final ompletlOn date is extended as the sole result
of any act or sole neglect of the County or the Architect-Engineer. or IS solelv
attnbutable to the Count~ or the Architect-Enrmeer. the Construction Manager's
sole and exclusive reme is an extension 0 the construction com letion date
an payment 0 ad Itlona Construction Phase ees an ver ead and Pro It or
Construction Phase as orovided bl; ArtICles 10 and 16. Anv delavs occasIOned
bv the construction manager's fal ure to provide the County or the Archltect-
Engmeer With approQnate documentation that thiS Agreement ex~ressl~
re uires the ConstructIOn Mana er to rovlde or failure to obtain r-"lIire ~
!!pprov stat thiS Al\Ieement express y reqUires t e onstructlon Manager to
obtain shaH not be attnbutable to the County or the Architect-Engineer.
2 Costs and Ex enses Included in Fee - The followin are included in the
ConstructIOn anager's ee or services unng the ConstructIOn P ase:
a Salaries or other com ensation of the Construction Mana er's
emp ovees at IS pnnClDa 0 Ice and branch 0 Ices.
The Construction Manager's personnel to be assigned during the
construction ohase. their duties and resoonslbilitles to this orOJect
and the duratIOn of their aSSignments are shown on Exhibits H and 1.
(b) The costs of all data processing staff.
c Salaries or other com ensation of the Construction Mana er's
emoloyees at the 10 site. The ConstructIOn Manager's personnel to
be assigned to the site during the Construction Phase under the iob
site management and supervisIOn fee. their duties and responsibilities
and the duration of their assignment are shown on Exhibit 1.
d General 0 eratin ex enses incurred in the mana ement and
supervision 0 the project. except as exoressly mcluded m Article 9.
(e) Those services set forth in Article 2.4(9)(a).
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Job office su lies - includes
sta es etc. an anltona su
not mcluded).
( g) Direct tax saving purchase program.
17.
The followin
OmstructlOn
8.1.6.
----s.1.6 Overhead And Profit For Construction Phase- Marathon Re air Work
For overhea , ~ro It and ~eneral expenses of anv km . except as may be
expresslv inclu ed in Artic e 9. for servicew:rovided during and related to the
construction phase of the Marathon Regair ork. the fee shall be One Hundred
Twent Nme Thousand Five Hundre EI t One Dollars and EI tv Eight
Cents 129581.88 and shall be aid ro ortlOnall to the ratio of the cost of
t e wor m lace an ess retama e see Icle 12.1 as it bears on the latest
estimate 0 t e tota constructIOn cost or to the GMP. whichever IS less. The
balance of the fee shall be liaid when constructIOn of the eroiect is finallv
completed and occupancy of t e prOlect accepted by the Countv. f construction
is authorized only for a part of the gro~ect. Hie fee Paid shall be proportionate to
the amount of work autnonzed by t e ounty
ara a h is a ended to the A eement between the Count and
anager and mcoroorated mto the ongmal agreement as paragraph
18. Section 12. 2 is amended to read as follows:
12.2 Final Payment - Final payment constituting the unpaid balance of the
Cost of the Project and the Construction Manager's fee, shall be due and payable
as described in Article 17.6 after the County has accepted occupancy of the
project, I?rovided that the Project be then finally completed, that the
ConstructIOn Manager has verified by his signature tnat he has completed all
items specified on the attached exhibit K, and that this Agreement has been
finally performed. However, if there should remain work to be completed, the
Construction Manager and the Architect-Engineer shall list those items prior to
receiving final payment and the County may retain a sum equal to two hundred
percent (200%) of the estimated cost of completing any unfinished work and
portion of the Construction Manager's retainage, provided that said unfinished
Items are listed separately and the estimated cost of completing any unfinished
items are likewise listed separately. The estimated cost of completing any
unfinished work shall be determined by the Architect-Engineer and approved by
the County. Thereafter, the County shall pay to ConstructIOn Manager, monthly,
the amount retained for each incomplete item after each of said items IS
completed.
19. Section 12.4 is amended to read as follows:
12.4 Delaved Payments by Owner - If the County should fail to pay the
ConstructIOn Manager wlthm twent~-five business da~s~ as I;ovided b~ section
218.735. Florida Statutes. thiFty ( 0) dayo after th~ -eee-t sf an -flflr-eved
~'ffieftt FeEj:llest :fFem the CeaDtraetiea MlIRager, then the Construction
Manager may, upon seven (7) additional days written notice to the County and
the Architect-Engineer stop the Project until payment of the Amount owing has
been received.
;\)'l)'lFeval ef )'laymeat refjllireo that the GfI)'llieati6a fer payment shall Be made BY
the CeHtrooter Manager aHd is thea revieYfed lIRa sigHed eff eft B~' the
g:e=:t, ~~a~O:lIn~d E~r:~r~t ~laJ:' d:at~I~~:a~ra~~ll~:
Gfljllieatiea fer jlaymeHt is thea re'fiewed aHd F611ted BY the Pr-ojeet Direeter,
:~r::st;;:~~~~h~ ~~~) 'l:~:~b~~ B~=~~~~ e~the ~::;~e~:~~
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the elHef disBtlrsemeDl sfResr marksa as reeeivea BY date stamp BY the effiee
sf the Cellllly Bagiaesr.
20. Section 17.6 is amended to read as follows:
17.6 Construction Mana er's Pa ent Ri ts - The Construction Manager
shall be pal m accor ance Wit the F on a rompt Payment Act, F.S. 218.735.
If Countv has reason to reiect a oar::Rent reauest or invoice. the r~ction shall
be m wntin and shall s ecif the de Icienc and the action necess_ to correct
the de IClenc . An un IS ute ortlon 0 the a ent a !CatIOn or mVOlce
s a be a1 lImel WI m 25 busmess as. A correcte a ent re uest or
mvolce wII e su mltte to on v a ess the wntten de IClencv.
21. All other provisions of the October 19, 2005 original Agreement, not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Amendment to
Agreement to be executed by its duly authorized representative.
(SEAL)
ATTEST: DAI\INY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
ATTEST:
THE MORGANTI GROUP, INC.
By
Title
By
Title
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