Loading...
Item G1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 17, 2007 Division: Engineering _ Bulk Item: Yes No X Department: Engineering _ Staff Contact Person/Phone #: David S. Koppel, 292-4426 AGENDA ITEM WORDING: Approval of Amendment 2 with The Morganti Group for the Key West International Airport and Florida Keys Marathon Airport. ITEM BACKGROUND: Several changes in the contract language are necessary. PREVIOUS RELEVANT BOCC ACTION: On October 19, 2005 the County entered into a contract with the Morganti Group for the Key West International Airport – New Terminal Building and Renovation Project. 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 BOCC approved an amendment to the Morganti contract for Hurricane Damage Repair Work to the Marathon Airport. On December 20, 2006, the BOCC approved Amendment 3 with Morganti establishing the G.M.P. CONTRACT/AGREEMENT CHANGES: See attached. __________________________________________________________________________________ STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: BUDGETED: ________________ Yes No COST TO COUNTY:SOURCE OF FUNDS: REVENUE PRODUCING:AMOUNT PER MONTHYear ____ Yes No APPROVED BY: County Atty OMB/Purchasing Risk Management ____ DOCUMENTATION: Included Not Required_____ DISPOSITION:AGENDA ITEM # Revised 11/06 U BOARD OF COUNTY COMMISSIONER~R · d AGENDA ITEM SUMMARY 'eVISe , , ! J , l ( K.:,..,--------.-. r\tJ\ Meeting Date: January 17.2007 Bulk Item: Yes No-L Division: En:~neer~n: Department: En meenn 1/11/{71 Staff Contact Person/Phone #: David S. Koppel. 292-4426 AGENDA ITEM WORDING: Approval of Amendment 2 with The Morganti Group for the Key West International Airport and Florida Keys Marathon Airport. ITEM BACKGROUND: Several changes in the contract language are necessary. PREVIOUS RELEVANT BOCC ACTION: On October 19, 2005 the County entered into a contract with the Morganti Group for the Key West International Airport - New Terminal Building and Renovation Project. 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 IS, 2006, the BOCC approved an amendment to the Morganti contract for Hurricane Damage Repair Work to the Marathon Airport. On December 20,2006, the BOCC approved Amendment 3 with Morganti establishing the G.M.P. CONTRACT/AGREEMENT CHANGES: See attached. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # O-=L Revised 11/06 SECOND AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND 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 ,2007, 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 WHEREAS, on 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 (Marathon 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 Agreement for the New Terminal Building and Renovation Project at the Key West International Airport as amended by Florida Keys 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, the Project Director and the Architect-Engineer, called the "Construction Team"l s,hall work jointly during design and through final construction completion and snail be available thereafter should additional" services be required. The Architect-Engineer will provide leadership during the Preconstructlon Phase with support from the Construction Manager and the Construction Manager shall provide leadership to the Construction Team on all matters relating to construction. 2. Section 1.2 is amended to read as follows: 1.2 Extent of eement - This Agreement for the Key West International Airport-New Termin Building and Renovation Project (Key West Project) and the 1 Florida Keys Marathon Airport Hurricane Damage Repair Work (Marathon Repair Work), between the County and the Construction Manager, supersedes any prior negotiations, representations or agreements. When drawings, specifications and other descriptive documents definmg 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 IDS GMP and shall send one set of the documents to the Project Director along with his GMP proposal, while keeping one set for himself and returning one set to the Architect-Engmeer, 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: CMP 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 written work order based on a defined scope of work excluding Construction Managers fees as specified in Article 8, prepared by the Project Director and issued to the Construction Manager. Construction Authonzations snail be used prior to the date of the GMP AmeniIment and all work performed pursuant to Construction Authorizations shall be included in the GMP Construction Manager - The Morganti Group, Inc., 1450 Centrepark Boulevard, Suite 260, West Palm Beach, Florida 33401, Owner - Monroe County, a political subdivision of the State of Florida, acting through its Board of County Commissioners (hereinafter BOCC). County's Representatives - The Project Director and his superiors or designees. Permitting Authori~ - The local authority with jurisdiction over the area in which the project is locate . Key West Proiect - The Project consists of permitting, construction and code 2 inspection for Key West International Airport-New Terminal Building and Renovation Project necessary to build the component parts of the project identified in Exhibit B. Marathon Repair Work - The Repair Work consists of permitting, construction and code inspection for the Florida Keys Marathon Airport Hurricane Damage Repair Work necessary to build the component parts of the project identified in Exhibit B I. Proiect Director - The County Engineer (hereinafter Project Director) is designated by the County to provide direct interface with the Construction Manager with respect to the County's responsibilities. 5. The following paragraph is appended to the Agreement between the County and Construction Manager and incorporated into the original agreement as paragraph 1.5 1.5 County's Construction Budi\:et-Florida Kexs Marathon -.Airnort Hurricane Damage Repair Work (Marathon epair Work{ The County's funds budgeted and requested for the hurricane damage repair wor . The County's Hurricane Damage Repair Budget is Three Million, Seven Hundred Eighteen Thousand, Five Hundred Fitty Nine Dollars ($3,718,559.00) including costs of the work and the County's and Construction Manager's construction and interface contingencies as defined in Articles 8 and 9. A Guaranteed Maximum Price will be offered by separate documentation as outlined in Article 7. 6. Section 2.1.4 shall be amended to read as follows: 2. 1.4 Cost Control Subs~stem - The operation of this subsystem shall provide sufficient timely data an detail to permit the Construction Team to control and adjust the Key West Project and Marathon Repair Work requirements, needs, materials, equipment and systems by building and site elements so that construction will be completed at a cost which, together with all other Key West Project and Marathon Repair Work costs, will not exceed the maximum total Key West Project or Marathon Repair Work budget. The requirements of this subsystem for the Key West Project include the following submissions at the following phases of the 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 Price. (d) At Completion of 100% Construction Documents Phase For Each Item Or Bid Package. 3 (e) Construction Documents Estimates - Prior to the bid of each bid package, when the working drawings and specifications are complete, the ConstructIOn Manager shall prepare and submit a cost estimate on the basis of a quantitative matenal take-offWlth current local cost for each bid group by subcontract package. The requirements of this subsystem for the Marathon Repair Work are limited to bid tabulations, which shall be provided to the Project Director at the time that any applicable Construction Authonzations are sought or the GMP is provided. 7. Section 2.2( I) shall be amended to read as follows: 2.2 PROJECT MANUAL Upon award of contract the Construction Manager shall develop a draft comprehensive Project Manual apylicable to both the Key West Pr~ect and the Marathon Reparr Work descnbing the services set forth in this Contract. This shall proVide a plan for the control, direction, coordination and evaluation of work perfurmed 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 throughout the design, construction and Owner occupancy phases. Five copies oftlie Project Manual and any updates shall be subnutted to the County and Architect- Engineer. In developing the Project Manual, the Construction Manager shall coordinate with the County and the Architect-En~eer. A separate project manual shall not be required for the Marathon Reparr Work. 8. Section 2.3(8) is amended to read as follows: (8)Market Analysis and Stimulation of Bidder Interest - This subsection, 2.3(8) shall apply to the Key West Project only. (I) (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 sliall 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 determmations, 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 written "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 tlie 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 gualified Contractors and subcontractors in bidding on the. work and of familiarizing those bidders with the requirements of this project. 9. Section 3.2 is amended to read as follows: 3.2 County's Reoresentative - The Project Director shall be fully 4 acquainted with the project and shall define the lines of Owner authority to approve Project Construction Budgets, and changes in the Project. He shall render decisions promptly and furnish information expeditiously. 10. Section 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 fortli in Subparagraphs 8.1.1, 8.1.2,8.1.3, 8.1.4, 8.1.5 and 8.1.6. II. Section 8.1.1 is amended to read as follows: 8.1.1 Preconstruction Phase Fee - For the performance of the services set forth under paragraphs 2.1.3(1), 2.1.4(a)(b)(c)(d)J 2.3(1) and 2.3(2) and for profit and overhead related to these services, a tot81 ree 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 ttie Preconstruction Phase Services. 12. Section 8.1.2 is amended to read as follows: 8.1.2 Construction Phase Fee - Key' 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 Key West Project 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 emplo).:ees). The Construction Phase Fee shall be invoiced and paid in Twenty Three l23) 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 Flonda 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 of the Jlroject is finally completed and occupancy of the project accepted by the County. If construction IS authorized only for apart of the project, the fee paid shall be Jlroportionate to the amount of work autliorized by the County. Except as provideQ in subsection 8.1.2.(1), the Construction Manager's construction phase fee for the Key West Project shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000) (1) Construction Mana~er's Exclusive Remedy: In the event the construction Substantial or Final ompletion date is extended, as the sole result of any act or sole neglect of the County or the Architect-Engineer, or is solei>.' 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. Any delays occasioned by the construction manager's failure to provide the County or the Architect- Engineer with appropriate documentatIOn that this Agreement expressly requires the Construction Manager to provide or failure to obtain required approvals that the Construction Manager is expressly required by. this Agreement to obtain shall not be attributable to the County or the Arcbitect- Engineer. (2) Costs and Expenses Included in Fee - The following are included in the Construction Manager's fee for services during the Construction Phase: 5 (a) Salaries or other compensation of the Construction Manager's employees at his principal office and branch offices. The Construction Manager's personnel to be assigned during the construction phase, their duties and responsibilities to this project and the duration of their assignments are shown on Exhibits H and I. (b) The costs of all data processing staff. (c) Salaries or other compensation of the Construction Manager's employees at the job site. The Construction Manager's personnel to be assigned to the site during the Construction Phase under tile joti site management and supervision fee, their duties and responsibilities and the duration of their assignment are shown on Exhibit I. (d) General operating expenses incurred in the management and supervision o{the project, except as expressly included in Article 9. (e) Those services set forth in Article 2A(9)(a). (f) Job office supplies - includes payer, pencils, paper clips, file folders, staples, etc., and Janitorial supplies (photo copy or blue print paper not included). (g) Direct tax saving purchase program. 13. Section 8.1.3 is amended to read as follows: 8.1.3 Overhead And Profit For Construction Phase - Kev West Project - For overhead, profit and general expenses of any kind, except as may be expressly included in Article 9, for services provided during and related to the construction phase of the Key West Project, the fee shall be One Million Dollars ($1,000,000) and shall be paid proportionally to the ratio of the cost of the work in place, and less retainage (see Article 12.n, as it bears on the latest estimate of the total construction cost or to the GMP, whichever is less. The balance of the fee shall be paid when construction of the project is finally completed and occupancy of the project accepted by the County. Ifconstruction is authorized only for a part of the project, the tee p3.1d shall be proportionate to the 3.lDount of work authorized by the County. 14. The following paragraph is appended to the Agreement between the County and Construction Manager and incorporated into the original agreement as paragraph 8.1.4. 8.1APreconstruction Phase Fee - Marathon Repair Work - 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 'twenty Nine Thousan<l, Seven Hundred Forty Four Dollars ($29,744.00). The Preconstruction Phase Fee shall be invoiced and paid in a single payment of $29, 744 to be billed no earlier than April 15, 2006 and shall be paid III 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. The Construction Manager's personnel to be assigned during this phase and their duties and resp'onsibilities to this project and the duration of their assignments are shown on Exhibit F, 15. The following paragraph is appended to the Agreement between the County and Construction Manager and incorporated into the original agreement as paragraph 8.1.5. 8,1.5 Construction Phase Fee- Marathon Repair Work - The Construction Manager's 6 compensation for work or services performed during the Construction Phase shall be a fee of Three Hundred Seventy One Thousand, Eight hundred Three Dollars ($371,803.00) (However, the County retains the right to review the need and effecttveness or any employee or employees assigned 6y the Construction Manager, should the Project Director question the need for the employee or employees). The Construction Phase services began on April 15, 2006 and will run for 13 months until May 15, 2007. Payment shall be invoiced and paid in 12 equal monthly installments of $28,600 each and one final payment of $28,603 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 Authonzation by the Project Director and the final monthly payment shall be paid only when construction of the project is finally completed and occupancy of the pr~ect accepted by the County. If construction is authorized only for a part of the project, the fee paid shall be proportionate to the amount of work authorized by the County. Except as provided in subsection 8.1.5(1), the Construction Manager's construction phase fee for the Marathon Repair WorK shall not exceed Three Hundred Seventy One Thousand, Eight hundred Three Dollars ($371,803.00). (1) Construction Ma~er's Exclusive Remedy: In the event the construction Substantial or Final ompletion date is extended as the sole result of any act or sole neglect of the County or the Architect-Engineer, or is solei,}' 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. Any delays occasioned by the construction manager's failure to provide the County or the Architect- Engineer with appropriate documentatton that this Aweement expressly reguires the Construction Manager to provide or failure to Obtain approvals that this a!v.eement expressly requires the Construction Manager to obfam shall not be attnbutable to tlIe County or the Architect-Engineer. (2) Costs and Ex~s Included in Fee - The following are included in the Construction ager's fee for services during the Construction Phase: (a) Salaries or other compensation of the Construction Manager's employees at his principal office and branch offices. The Construction Manager's personnel to be assigned during the construction phase, their duties and responsibilities to this project and the duratIOn of their assignments are shown on Exhibits ff and I. The costs of all data processing staff. Salaries or other compensation of the Construction Manager's employees at the job site. The Construction Manager's personnel to be asSigned to the site during the Construction Pluise under the job site management and supervision fee, their duties and responsibilities and the duration of their assignment are shown on Exhibit I. General operating expenses incurred in the management and supervision of the project, except as expressly included in Article 9. Those services set forth in Article 2.4(9)(a). Job office supplies - includes paper, pencils, paper clips, file folders, stap.les, etc.1 and janitorial supplies {photo copy or blue print paper not mcludeo). (b) (c) (d) (e) (t) 7 (g) Direct tax saving purchase program. 16. The following paragraph is appended to the Agreement between the County and Construction Manager and incorporated into the original agreement as paragraph 8.1.6. 8.1.6 Overhead And Profit For Construction Phase- Marathon Repair Work - For overhead, profit and general expenses of any kind, except as may be expressly included in Article 9, for services provided during and related to the construction phase of the Marathon Repair Work the fee shall be One Hundred Forty Eight, Thousand, Seven Hundred Twenty One Dollars ($148,721.00) and shall be paid prop<?rtionally to the ratio of the cost of the work in place, and less retainage (see Article 12.1), as it bears on the latest estimate of the total construction cost or to the GMP, whichever is less. The balance of the fee shall be paid when construction of the project is finally completed and occupancy of the project accepted by the County. If construction is authorized only for a part of the project, the fee paid shall lie proportionate to the amount of work authonzed by the County 17. Section 12. 2 is amended to read as follows: 12.2 Final Paxment - 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, provided that the Project be then finally completed, that the Construction Manager has verified by his signature that he has completed all items specified on the attached exhibit K, ana 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 hunllred percent (200"10) of the estimated cost of completing any unfinished work and portIOn of tbe 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 oy 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. 18. Section 12.4 is amended to read as follows: 12.4 Delayed Pavments by Owner - If the County should fail to pay the Construction Manager within twenty five (25) business days, as provide by section 218.735, Florida Statutes, then the Construction Manager may, ullon seven (7) additional days written notice to the County and the Architect-Engineer stop tbe Project until payment of the Amount owing has been received. 19. Section 17.6 is amended to read as follows: 17.6 Construction ~er's Payment Rights - The Construction Manager shall be paid in accordance With t e Flonda Prompt Payment Act; F.S. 218.735. If County has reason to reject a payment request or invOice, the rejection shall be in writing and shall specifY the deficiency and the action necessary to correct the deficiency. Any undisputed portion of the payment application or invoice shall be paid timely (Within 25 business days). A corrected payment request or invoice will be submitted to only address the written deficiency. 20. All other provisions ofthe October 19, 2005 original Agreement, not inconsistent herewith, shall remain in full force and effect. 8 IN WITNESS WHEREOf', each party has caused this Amendment to Agreement to be executed by its duly anthonzed representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman ATTEST: THE MORGANTI GROUP, INC. By By Title Title 9