01st Amendment 05/16/2018
DATE:
June 4, 2018
TO:
Ray Sanders, Project Manager
Project Management
Tammy Sweeting
Executive Assistant
FROM:
Pamela G. Hancock, D.C.
th
SUBJECT:
May 16 BOCC Meeting
Attached is an electronic copy of Item
C28, First Amendment to the Construction Manager at
Risk (CMAR) Agreement with Biltmore Construction Co. Inc., to incorporate contract provisions that
were inadvertently omitted from the PK-Roth Wastewater and Fuel Island Relocation projects into the
CMAR agreement, for your handling.
Should you have any questions, please feel free to contact me at extension 3550.
cc: County Attorney
Finance
File
FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK
CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND BILTMORE
CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL
COURTHOUSE AND DETENTION FACILITY
This First Amendment to the Construction Management at Risk Contract between Monroe
County, Florida ( "Owner ") and Biltmore Construction Co., Inc. ( "Construction Contractor "), for
the Plantation Key Judicial Courthouse and Detention Facility ( "Project ") dated December 13,
2017, ( "Agreement "), amends and modifies the Agreement pursuant to Sections 2 M.; 4.A.b.;
and 7A. to establish and implement the Guaranteed Maximum Price ( "GMP "), Scope of Work,
and Contract Time for the Public Works Fuel Island Relocation and the Plantation Key
Government Center and Roth Building Wastewater Treatment Plant Replacements and
Abandonments portions of the Project, as follows:
ARTICLE 1 - SCOPE OF WORK
The scope of Work contemplated in this First Amendment consists of all the Work accounted
for in the Public Works Fuel Island Relocation GMP ( "Fuel Island GMP ") and the Plantation
Key Government Center and Roth Building Wastewater Treatment Plant Replacements and
Abandonments GMP ( "Wastewater GMP "), that have been agreed to and entered into between
Owner and Construction Contractor, in accordance with the Agreement, which are hereby
attached to, incorporated and made a part of this First Amendment by reference as follows:
1. Fuel Island GMP dated February 8, 2018, and approved by the Board of County
Commissioners on March 21, 2018.
2. Wastewater GMP dated March 16, 2018, and approved by the Board of County
Commissioners on April 19, 2018.
ARTICLE 2 - GMP
2.1 Construction Contractor's GMP for the Work, including the estimated Cost of the Work
as defined in Section 5 of the Agreement and Construction Contractor's Fee as defined in
Section 4 of the Agreement, is as follows:
1. Fuel Island GMP - $536,912.00.
2. Wastewater GMP - $783,765.00.
2.2 The GMP includes material that may be purchased directly by the Owner ( "Owner Direct
Purchases "). Construction Contractor will process deductive Change Orders under the
Agreement for the actual amount of Owner Direct Purchases, inclusive of sales taxes. Prior to
final payment, a final reconciliation of the Owner Direct Purchases against the GMP will be
performed and a final Change Order will be prepared for the Owner's review and execution.
2.3 The Construction Contractor's Overhead and Profit for these portions of the Project are
hereby established as a not to exceed amount of CM FEE said not to exceed amount included
within the two GMP as follows:
1. Fuel Island GMP - $ 35,125.00
2. Wastewater GMP - $ 78,376.00
2.4 The General Conditions / Requirements including Construction Phase Fee (Personnel)
expenses for the Fuel Island GMP anticipated on this Project are hereby established as a not to
exceed amount of $126,939.00 (One Hundred Twenty Six Thousand Nine Hundred Thirty Nine
Dollars and 00 /100), said amount is included within the GMP. The General Requirements
expenses for the Wastewater GMP anticipated on this Project are hereby established as a not to
exceed amount of $269,148.00 (Two Hundred Sixty Nine Thousand One Hundred Forty Eight
Dollars and 00 /100), said amount is included within the GMP. The items included as General
Requirements expenses are listed in the List of Itemized General Requirements in each GMP.
Except as said not to exceed amount for General Requirements expenses may be expressly
adjusted by Change Order or Construction Change Directive. Construction Contractor
acknowledges and agrees that Owner shall have no liability for any General Requirements
expenses beyond payment of the above noted amount and Construction Contractor agrees that it
shall not be entitled to receive any additional compensation from Owner for the General
Conditions beyond the above amount unless approved by Owner in writing. Construction
Contractor shall provide an accounting of funds allocated for General Requirements expenses at
the completion of the project as a precedent to final payment. Construction Contractor shall
return to the Owner any amounts paid for General Requirements expenses that exceed the
amount of actual General Requirements expenses accounted for by Construction Contractor, and
amounts returned shall be credited from the GMP.
2.5 Monthly installment payment of the Construction Contractor's Fee and the General
Requirements expenses shall be based upon the actual cost incurred for the designated portion of
FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE
COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL
COURTHOUSE AND DETENTION FACILITY
Page 2 of 5
the Work for each particular month. Contractor shall supply backup and support for that portion
of Contractor's Fee requested in each Pay Application in a form acceptable to owner.
2.6 In order to efficiently and timely address any unknown or unanticipated conditions that
are within the scope of the required Work and are otherwise reimbursable without duplication as
a Cost of the Work, but excluding all items that are to be reimbursed under the General
Requirements expense amount noted in paragraph 2.4 above, the parties have agreed to establish
an Project Contingency Allowance within each GMP in a not -to- exceed amount of PROJECT
CONTINGENCY AMOUNT of $17,907.00 (Seventeen Thousand Nine Hundred and Seven
Dollars and 00 /100) for the Fuel Island GMP and $36,626.00 (Thirty Six Thousand Six Hundred
and Twenty Six Dollars and 00 /100) for the Wastewater GMP. Contingency funds shall be used
to cover costs that may result from incomplete design and unanticipated costs that arise during
construction that are not identified by the construction documents. Construction Contractor shall
not proceed with any portion of the Work which it intends to charge against this contingency
without first obtaining Owner's express written authorization to proceed. The Construction
Contractor acknowledges and agrees that any work which is to be charged against the
contingency allowance that does not receive such prior written approval from the Owner shall be
deemed to be part of Construction Contractor's basic Work compensated within the GMP and
not chargeable against the Project Contingency Allowance. Unused contingency remaining at the
end of the job will be credited from the guaranteed maximum price. Construction Contractor has
no entitlement to any portion of any unused contingency. Contractor shall prepare and submit to
Owner a monthly report regarding contingency usage and consumption with supporting back up
and documentation in a form acceptable to Owner. All contingency expenditures shall be subject
to audit and review by Owner prior to issuing a progress or final payment.
2.7 The parties have agreed to establish allowances within each GMP for items and amounts
identified in the GMP Proposal. Construction Contractor shall not proceed with any portion of
the Work associated with the aforesaid allowance ( "Allowance Work ") without first obtaining
Owner's express written authorization to proceed with said Allowance Work. Unused Allowance
Amounts remaining at the end of the job will be credited from the guaranteed maximum price.
Construction Contractor has no entitlement to any portion of any unused allowances. Allowances
that are exceeded shall be adjusted via change order.
FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE
COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL
COURTHOUSE AND DETENTION FACILITY
Page 3 of 5
2.8 Construction Contractor recognizes that the Agreement may include work for trench
excavation in excess of five feet deep. Construction Contractor acknowledges the requirements
set forth in Section 553.63 of the Florida Statutes titled Trench Safety Act. Construction
Contractor certifies that the required trench safety standards will be in effect during the period of
construction of the Project and Construction Contractor agrees to comply with all such required
trench safety standards.
ARTICLE 3 - CONTRACT TIME
3.1 The Construction Phase Commencement Date for the Work for the Fuel Island GMP is
TBD from NTP and for the Wastewater GMP is TBD from NTP. The total period of time
beginning with the Construction Phase Commencement Date through the date required for
Substantial Completion of the Work for the Fuel Island GMP is One Hundred and Forty Nine
(149) CALENDAR DAYS FOR COMPLETION ( "Contract Time "), and for the Wastewater
GMP it is One Hundred and Fifty Two (152) Calendar Days.
The Substantial Completion Date is therefore established as 149 calendar days from the
notice to proceed for the Fuel Island GMP and 152 calendar days from the notice to proceed for
the Wastewater GMP.
3.2 Pursuant to this Agreement, the parties have established a liquidated damage rate for
reasons stated therein, which the parties acknowledge and agree apply to this Amendment and
Construction Contractor's responsibility to complete the Work within the Contract Time as stated
herein. Accordingly, the liquidated damage rate established in this Agreement shall be assessed
from Construction Contractor for each calendar day Construction Contractor fails to achieve
Substantial Completion for the Designated Work within the Contract Time and shall be the sole
remedy for all damages for delay.
3.3 Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project Management's
signature of approval on the Certificate of Substantial Completion. The liquidated damages table
below shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day
$50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day
FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE
COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL
COURTHOUSE AND DETENTION FACILITY
Page 4 of 5
$100,000.00- 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day
$500,000.00 and Up 300.00 /Day 500.00 /Day 1000.00 /Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an
extension of time on the Contract.
Except as expressly modified herein, all other terms and conditions of the Agreement
remain unchanged. In the event of a conflict between the terms of this Amendment and those of
the Agreement, Owner and Construction Contractor agree that the terms of this Amendment shall
prevail and control.
F i ,' ��.' SS WHEREOF, each party caused this First Amendment to the Agreement to
r a oti =W • t °`o l is duly authorized representative. -ONO 1 i
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"mq •mai ii ' !.; VIN MADOK BOARD OF COUNTY COMMISSIONERS
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OF MONROE COUNTY, FLORIDA
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Ls- BETMO ` \W , ION CO., INC.
By: 6
MON I E COUNTY ATTORNEY'S OFFICE
Name: I �� 8T F�
` r �J PATRICIA EABLES
Title: V I 1 's.pr, J ` r ASSISTANT COUNTY A ORNE
Date:
5/Z58/ b DAM
Witness signature: ,I »t Q ..--
Witness name: / al 4.c! / R
FIRST AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT BETWEEN MONROE
COUNTY, FLORIDA AND BILTMORE CONSTRUCTION CO., INC. FOR THE PLANTATION KEY JUDICIAL
COURTHOUSE AND DETENTION FACILITY
Page 5 of 5