Item C18County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
March 21, 2018
Agenda Item Number: C.18
Agenda Item Summary #3998
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338
N/A
AGENDA ITEM WORDING: Approval to utilize and implement the Guaranteed Maximum Price
(GMP) from the Biltmore Construction Co. Inc, Construction Manager at Risk (CMAR) proposal for
the construction of the Magnolia Street fuel storage and distribution system relocation project. This
project is funded by Fund 314 in the amount of $536,912.00.
ITEM BACKGROUND: The Plantation Key courthouse campus needs to be modified to
accommodate the proposed new Plantation Key Courthouse and Detention facility. The modification
includes relocation of the existing fueling depot. On October 24, 2016, the County and Currie,
Sowards, Aguila Architects (CSA) executed a task order for engineering and design plans to relocate
the Plantation Key fueling depot to the Magnolia Street Public Works facility in Key Largo. The
County's CMAR has provided the attached GMP for this phase of the project and the relocation
work.
PREVIOUS RELEVANT BOCC ACTION: On January 21, 2015, the BOCC approved a
continuing contract with CSA. On December 13, 2017, the BOCC approved a contract with Biltmore
Construction Company, Inc., for Construction Manager At Risk (CMAR) services for the Plantation
Key Judicial Courthouse and Detention Facility.
CONTRACT /AGREEMENT CHANGES:
Guaranteed Maximum Price on Biltmore's CMAR Contract
STAFF RECOMMENDATION: Recommend approval as outlined above
DOCUMENTATION:
REV Biltmore Const. Monroe County Fuel Relocation GMP Proposal legal approved.April.pdf (3 7
18 LEGAL STAMP - IMAGE)
FINANCIAL IMPACT:
Effective Date: March 21, 2018
Expiration Date: N/A
Total Dollar Value of Contract: $536,912.00
Total Cost to County: $536,912.00
Current Year Portion: $536,912.00
Budgeted: Y
Source of Funds: 314 26008 CP1503
CPI: N/A
Indirect Costs: $0
Estimated Ongoing Costs Not Included in above dollar amounts: $0
Revenue Producing: No
Grant: No
County Match: $0
Insurance Required: Yes
Additional Details:
If yes, amount:
Yes.
03/21/18 314 -26008 - CAPITAL OUTLAY BUILDING
CP1503
REVIEWED BY:
$536,912.00
Ann Mytnik
Completed
03/06/2018 4:06 PM
Cary Knight
Completed
03/06/2018 4:17 PM
Kevin Wilson
Completed
03/06/2018 4:28 PM
Chris Ambrosio
Completed
03/06/2018 5:06 PM
Budget and Finance
Completed
03/06/2018 5:09 PM
Maria Slavik
Completed
03/06/2018 5:15 PM
Kathy Peters
Completed
03/06/2018 5:24 PM
Board of County Commissioners
Pending
03/21/2018 9:00 AM
,. f i • i w
gr- 410 •
*.** Article 1— Guaranteed Maximum Price (GMP) Proposal
❖ Project Summary
+*.* Exhibit A- Enumeration of Contract Documents
*.** Exhibit B - Allowance Items
+.** Exhibit C - Assumptions and Clarifications
❖ Exhibit D - Construction Schedule
❖ Exhibit E- Alternates
BILTMORE
NSTRUCTION CO., INC. Public Works Fuel Island Relocation
Plantation Key Judicial Courthouse and Detention Facility
300 Magnolia Street, Key Largo
Guaranteed Maximum Price (GMP) Proposal GMP 986-001
Biltmore Construction Co., Inc. proposes to complete the work, as described herein, for the Guaranteed
Maximum Price of: FIVE HUNDRED THIRTY SIX THOUSAND NINE HUNDRED TWELVE DOLLARS
This Price is for the performance of the Work as described herein and in accordance with the Contract
Documents.
By acceptance of the GMP and issuance of a Purchase Order and/or Notice to Proceed, Monroe County
hereby incorporates the GMP into the Agreement between Owner and Construction Manager.
MBELTMORE
bb A C I _ 6 Public Works Fuel Island Relocation
Plantation Key Judicial Courthouse and Detention Facility
3OO Magnolia Street, Key Largo
Guaranteed Maximum Price (GMP) Proposal GMP 986-001
The project includes the demolition of the existing fuel island (gas and diesel) at Monroe County
Government Center. The gas tanks and pumps are to be decommissioned and relocated to the new
fueling facility located at 300 Magnolia Street in Key Largo. The canopy at the existing Monroe County
Government Center will remain in place and be removed during future phase. The existing fuel lines will
capped for future removal during construction of the new Monroe County Government Center.
Contract Documents include: the Drawings, Specifications, Addenda (Construction Documents{the
Agreement, General Conditions, Supplementary Conditions as expressly noted herein, and this Exhibit A,
as well as the Guaranteed Maximum Price (GK4P) Proposal in its entirety. This GMP Proposal isexpressly
recognized as a Contract Document inasmuch as it forms the basis upon which the Guaranteed
Maximum Price ixbased. As such, in the event there is any disagreement, conflict, or ambiguity between
the GMP Proposal and any other Contract Document, the 6MP Proposal shall govern.
The Owner's issuance of any Notice to Proceed, Purchase Order, or any other written directive ur
instructions to proceed with the Work, after this signed GMP Proposal has been delivered by Biltmore to
the Owner, shall constitute an express acceptance of the foregoing Enumeration of Contract Documents
and the enforceability thereof.
See Attached Exhibit "A" Enumeration of Documents
Biltmore Construction Co., Inc.
1-0988 Monroe County Fuel Island
Number
Title
Architectural
Comments
A1.00
General Notes
A1.01
Site Plan
A1.02
Enlarged Site Plan
A1.03
Site Details
Civil
11/21/2017
1 of 1
Drainage Plan
Electrical
11121/2017
E -0.1
Electrical Notes, Legend, and
512212017
Schedules
E-1.1
Electrical Plan
E-2.1
Enlarged Electrical Plan
E-3.1
Electrical Riser and Panel Schedules
Plumbing
11/21/2017
P-1.1
Enlarged Plumbing
Utilities
prepared by C
G01 (1)
Cover Sheet
PEOI (2)
Existing Facility Removal Plan
PE02 (3)
Existing Site Conditions and
51221512212017 r1Q17 1
Proposed Work Area Plan
PE03 (4)
Petroleum System Installation Plan
r)r-nA lr\
O.f—l— Related r).f.if.
Date: 112612018 [
Date Rev.
Received Date
Status
Comments
5/2212017
11/21/2017
For Permit
prepared by CSA
5122/2017
11/21/2017
For Permit
Architects
512212017
11/21/2017
For Permit
prepared by CSA
512212017
11121/2017
For Permit
Architects
512212017
11/21/2017
For Permit
prepared by CSA
512212017
11/21/2017
For Permit
Architects
5/2212017
11/21/2017
For Permit
prepared by CSA
For Permit p
prepared by C
CSA
Architects
41712017 11/21/2017 For Permit prepared by CSA
Architects
512212017
11121/2017
For Permit
prepared by CSA
CSA
Architects
5122/2017
11/21/2017
For Permit
prepared by CSA
For Permit p
prepared by C
CSA
Architects
512212017
11121/2017
For Permit
prepared by CSA
512212017 1
11/21/2017 F
For Permit p
Architects
512212017
11/21/2017
For Permit
prepared by CSA
Architects
5/2212017 1
Architects
512212017 11/21/2017 For Permit prepared by CSA
Architects
512212017 1
11/2112017 F
For Permit p
prepared by C
CSA
Architects
512212017 1
11/21/2017 F
For Permit p
prepared by C
CSA
Architects
512212017 1
11/21/2017 F
For Permit p
prepared by C
CSA
Architects
5/2212017 1
11/21/2017 F
For Permit p
prepared by C
CSA
Architects
51221512212017 r1Q17 1
11/21/2017 F
For Permit p
Architects
0
PE05 (6) Petroleum Related Additional Details 512212017 11/2112017 For Permit prepared by CSA
Architects
0
E
The Allowances noted below represent reasonably anticipated values included in this GMP Proposal to
cover the cost of certain items absent or not specified in sufficient detail in the Construction Documents
as listed in the ENUMERATION OF CONTRACT DOCUMENTS Section of this GMP Proposal or for which
uncertainty remains. The amount of the Allowance stipulated herein is inclusive nf all labor, materials,
equipment taxes, delivery, insurances, bond and fees necessary to perform the anticipated work, unless
otherwise noted.
Allowances for work as represented in this GMP Proposal govern over the actual items contained in the
Contract Documents. Variations between the Allowance values and the actual cost of these prescribed
items may be reflected in add or deduct Change Order(s) to this GMP Proposal.
The ASSUMPTIONS AND CLARIFICATIONS section of this GMP Proposal may provide a more detail
description of these Allowances. i
1. The following are not included in the GK4PProposal:
A. Survey of Asbestos Containing Material or any other hazardous or unsuitable material,
unless specifically noted as an item included in the Scope of Work.
B. Impact Fees/Inspection Fees.
L Performance Specifications.
2. Warranties and Guarantees:
A. Biltnnone Construction Co, Inc. Warranties and Guarantees
Biltmore Construction Co., Inc. warrants to the Owner that the materials and workmanship
furnished under this Contract will be of good quality and new unless otherwise required or
permitted by the Construction/Contract Documents, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform with the
requirements of the Construction/Contract Documents. Work not conforming tothese
requirements may beconsidered defective. 8i/tmoneConstruction Co., |nc.'s warranty excludes
remedy for damage or defect caused by insufficient maintenance, improper operation, or
normal wear and tear under normal usage. The term and duration of this express warranty is
one (1) year from the Date of Substantial Completion. The provisions herein shall not prevent
the Owner from proceeding directly against the manufacturer and/or installer for such longer
period of time as allowed by State Statute.
B. Installer/ Subcontractor Warranties and Guarantees
The Subcontractor shall warrant to the Owner and to Biltmore Construction Co., Inc. that all
workmanship and materials are free from defects ininstallation. The express
warranty/guarantee shall be consistent with the durations stipulated in the
Construction/ContraotDocuments. The period customarily being year from the Date of
Substantial Completion established in the Construction/Contract Documents.
Notwithstanding anything to the contrary, neither Biltmore Construction Co., Inc., nor its Sureiy,
nor the Subcontractor shall have any joint/several liability relating to, nor shall they be obligated
2"i"I"'BILAMOR&
Public Works Fuel Island Relocation
Plantation Key Judicial Courthouse and Detention Facility
300 Magnolia Street, Key Largo
Guaranteed Maximum Price (GMP) Proposal GMP986'O01
to underwrite, or in any way become guarantor(s) of any manufacturer's warranty/guaranty or
product to the Owner. The Owner shall be provided with the "stundamd"manufacturer's
warranty, and it shall satisfy the requirements under the Construction/Contract Documents
relating thereto.
C. Manufacturer's Express Warranties/ Guarantees
Biltmore Construction Co., Inc. shall collect and transmit to the Owner any and all standard
manufacturer's warranties and standard manufacturer's guarantees specified in the
[onstructinn/[ontnac1Documents. The obligation and liability ofBihmore Construction [o,Inc.
and/or its Surety is limited to the collection and proper transmittal of these warranties and
guarantees to the Owner.
D. Extended Warranties
This proposal is qualified to include only those extended warranties available as standard from
the manufacturers. The Contractor, installers, and applicators will not provide extended
warranties or guarantees.
Special conditions relating to Owner purchased / Contractor installed items and associated tax
Notwithstanding any provision to the contrary, should the Owner elect to purchase items
directly and avoid any sales taxes or other taxes, the Owner will defend, indemnify, and hold
harmless Biltmore Construction Co., Inc. absolutely from and against any claim, audit,
investigation, cost, or assertion of any kind made by, or on behalf of, the Florida Department of
Revenue or other such agency that may arise during and / or subsequent to the completion of
the project. Under no circumstances shall Biltmore Construction Co., Inc. or its subcontractors
be liable for the sales taxes associated with the Owner purchased items.
4. Builder's Risk Insurance:
Biltmore Construction Co. Inc. shall purchase and maintain, until the date of Substantial Completion of
this project, a standard Special Form (all "Risks of Physical Loss") Completed Value Builder's Risk
insurance policy in the amount of the initial contract sum (GMP), including any subsequent
modifications thereto, insuring the interests of the Owner, Bi|tmore Construction [o,|nc,and
Subcontractors in the Work under this contract. A separate flood policy will be included as part of this
insurance.
BIELTMORE
Public Works Fuel Island Relocation
Plantation Key Judicial Courthouse and Detention Facility
300 Magnolia Street, Key Largo
Guaranteed Maximum Price (GMP) Proposal GK8P9AG'0O1
All premiums and deductible costs related to this property insurance shall be seen as cost of the work
and paid by the Owner.
A. The following items are the responsibility of the Owner and are not included in this GMP:
Property insurance premiums and/or deductible costs.
l. Property insurance coverage on existing buildings and/or contents.
Z. Property insurance coverage on the Work under this Contract after the date of Substantial
Completion.
S. Basis of this GK4P Proposal relative to 100% Drawing Document Review Comments and other
potential design change' subsequent to the submittal of this proposal:
This proposal is provided based un the final design documents unpennbted. |f the Scope of
Work changes or permit review requires additional changes to the work the GMP Proposal and
its associated costs are subject to change.
6. Time and Price - Impacted Materials & Equipment (Escalation/Availability of Materials):
As of the date of this Contract Agreement and/or during the performance of the Work, certain
markets providing materials and equipment necessary to complete the Project may experience
significant industry-wide fluctuation in cost, delivery, and availability. Aaa result, should there
be any fluctuations that materially affect the cost, delivery, and/or availability of such items,
regardless if same should occur before the acceptance of the GMP Proposal, or subsequent to
the acceptance, the Owner agrees to make an equitable adjustment in the Contract Time and/or
Guaranteed Maximum Price asapplicable. Notwithstanding any other provision to the contrary,
the Contractor shall not be liable to the Owner for any expenses, losses or damages arising from
a delay in delivery of a potentially time and price impacted material/equipment item not the
fault of the Contractor.
7. Subcontractor Payments:
Notwithstanding anything to the contrary, the Owner specifically acknowledges and agrees that the
Construction Manager (Contractor) operates on a pay-when-paid basis with its subcontractors, and
nothing contained herein or elsewhere shall be interpreted to require the Construction Manager
and/or its Surety to remit any payment (including final payment) to subcontractors prior to the receipt
of payment (including final) from the Owner.
8. No cost is included for any Florida Keys Electric Co-Op work related to primary power.
9. This GMP is not a line item GMP and the costs should not be considered as such.
10. This proposal includes only twenty (20) vertical feet of foundations for the Canopy System as none are
currently indicated on the construction documents.
11. No soil remediation at the existing Monroe County Government Center is included in this proposal.
11. Signage included in this proposal is for the gas tanks and pumps only. All other signage to be provided
by Owner.
13. All work is to be done during normal work hours. No overnight work is included in this GMP.
14. All finishes are included as specified on the drawings and specifications. All colors are to be selected
from normal range of colors unless specified.
15. Utility consumption costs, other than temporary utilities for construction, are excluded.
16. Re-filling of existing gas/diesel tank at 300 Magnolia Street is not included in this proposal.
17. The Owner is required to have the existing gas/diesel tank at the Monroe County Government
Center to contain 100 gallons of gas or less in the tank prior to removal.
1Q. The removal ofthe existing canopy at the fuel island at the Monroe County Government Center is
not included in this proposal and will be included in a future phase.
19. The removal of the existing fuel lines (gas/diesel) at the existing fuel island at the Monroe County
Government center is not included in this proposal and will be included in a future phase. Capping of
the existing lines is included in this proposal.
2O.An allowance of$J,5DO.00 has been included for un Air Compressor.
Please see the "Guaranteed Maximum Price Breakdown" which follows.
BILTMORE
- -- ---- ---- . .... ....
CONSTRUCTION CO., INC. Public Works Fuel Island Relocation
Plantation Key Judicial Courthouse and Detention Facility
3OO Magnolia Street, Key Largo
Guaranteed Maximum Price (GMP) Proposal GMP 986-001
Bidffrade
Itemized Description of the Work
Amount
1A
General Works
$2,500.00
3A
Cast-In-Place Concrete
$92,345.00
9G
Painting
$1,200.00
11A
Fuel Pumps/Tank Relocation
�
11B
Canopy
$33,106.00
lic
Air Compressor Allowance
$2,500.00
22A
Plumbing
$45,000.00
26A
Electrical
$83,150.00
32A
Fencing
$5,950.00
Liability Insurance
$5,369.00
Perfonnance and Payment Bond
$5,369.00
Permits
$6,383.00
Builders Risk Insurance Including Deductible Expenses Allowance
$5,369.00
General Conditions/Requirements
$23,684.00
Construction Phase Fee
$103,255.00
Overhead and Profit 7% of (GMP)
$35,125.00
Contingency (5% of SDC)
$17,907.00
Total Guaranteed Maximum Price (GMP)
$536,912.00
Page 10
DESCRIPTION
UNIT COST PER MONTH
TOTAL
Cell Phones
4 months x $400.00 per month
$1,600.00
IT Costs
1 Lump Sum
$500.00
Office Supplies
4 months x $100.00
$400.00
Postage & Delivery
4 months x $120.00 per month
$480.00
Temporary Labor
128 Man Hours x $43.00 per hour
$5,504.00
Rubbish Removal
4 Pulls x $700.00
$2,800.00
First Aid Supplies
4 months x $60.00
$240.00
Fire Extinguisher
1 Lump Sum
$100.00
Security Fencing
1 Lump Sum
$220.00
Temporary Water
4 months x 75.00 per month
$300.00
Temporary Sanitation
4 months x $140.00 per month
$560.00
Survey
I Lump Sum
$3,000.00
Quality Control Testing
I Lump Sum
$4,385.00
As Builts/Close-Out
Video
1 Lump Sum
$1,250.00
Progress Photos/Aerial
Photos
1 Lump Sum
$1,695.00
Extra Plans & Specs
1 Lump Sum
$250.00
Small Tools
4 months x $100.00 per month
$400.00
Total
$23,684.00
BIELTMORE
b S — R ( J T - 16 w C 1 - 6. Public Works Fuel Island Relocation
Plantation Key Judicial Courthouse and Detention Facility
]OO Magnolia Street, Key Largo
Guaranteed Maximum Price (GMP) Proposal GMP 986-001
DESCRIPTION
UNIT COST PER MONTH
TOTAL
Project Executive
188 MH x $90.03 per hr
$16,925.64
Project Engineer
281 MH x $26.34 per hr
$7,401.54
General Superintendent
140 MH x $63.64 per hr
$8,909.60
Superintendent
693 MH x $63.64 per hr
$44,102.52
Job Clerical
270.1 MH X $33.00 per hr
$8,913.30
Safety Director
1 Lump Sum
$715.64
Total
$103,255.00
'BILIMORE
C CO., INC. Public Works Fuel Island Relocation
Plantation Key Judicial Courthouse and Detention Facility
300 Magnolia Street, Key Largo
Guaranteed Maximum Price (GMP) Proposal GMP 986-001
Subject to the ASSUMPTIONS AND CLARIFICATIONS contained herein, the anticipated construction period
shall be from notice to proceed tu achieve Substantial
Completion, after receipt, by Biltmore Construction Co., Inc., of all of the following requirements:
• Execution of the Guaranteed Maximum Price Amendment of the Agreement Between Owner
and Biltmoone Construction Co,Inc.
• Receipt of the Written Notice to Proceed.
• Receipt of all required Permits.
• Recorded Notice of Commencement (as upp|icab|e).
• Construction site available to commence construction activity.
• Utilities disconnected and/or relocated as necessary to commence construction.
Final Completion shall be within Thirty (30) calendar days following the Date of Substantial Completion of
the Work.
A more detailed CPM Project Schedule will be provided in accordance with the requirements of the
Agreement between Owner and Biltmore Construction Co., Inc.
Monroe County
'ilroject 988
=*- lTTfriM=- 1*.;M- STMW, MitiMij , 0 - - 11 - - - - - - - WITF.TT
Tue 1/30/18 Page 2 Biltmore Construction Co., Inc.
Attachment: REV Biltmore Const. Monroe County Fuel Relocation GMP Proposal legal app romp d.April.pdf (3 7 1 8 LEGAL STAMP - IMAGE)
BIILTMGRE
CONSTRUCTION CQ,|NC.
EXH|B|TE — Altemnate Prices
Public Works Fuel bland Relocation
Plantation Key Judicial Courthouse and Detention Facility
300 Magnolia Street, Key Largo
Guaranteed Maximum Price (GK4P) Proposal GK8P986-UO1
Alternate No. 2 (2) Single Phase Control Box
Alternate No. 3 (2) 1.5 HP STP Submersible Transfer Purn
NOTE: Election to accept any or all of the above alternates must be made no later than
(45) days from the date of the Notice to Proceed in order to not affect price or schedule. All alternates
include all fees.
Page 14
This GIMP Proposal must be accepted in writing by the Owner on or before April 30, 2018. After said
date, this GMP Proposal shall be null and void, absent the express written acceptance by Biltmore
Construction Co., Inc.
Biltmore Coy lrkwfiky (CGC040464)
By:_ " Ap
Signature
Name: Vito Di,R
� gugro-,
Print Name
Title: Vice - President
-,
,A�P fr. VEDAIQ . TqFORM
Y