03rd Amendment 04/17/2019 `�RcougTQc 1
Kevin Madok, CPA
,:6j.��= Clerk of the Circuit Court&Comptroller—Monroe County, Florida
�110,ti.RQE couX` '
DATE: April 25, 2019
TO: Ann Mytnik
Sr. Contracts Administrator
VIA: Tammy Sweeting
Interim Executive Administrator
FROM: Pamela G. Hanel!" .C.
SUBJECT: April 17u BOCC Meeting
Enclosed is a duplicate original of Item C34, 3rd Amendment to Construction Manager at
Risk Contract with Biltmore Construction Co., Inc. for the Plantation Key Judicial Courthouse and
Detention Facility (this Amendment does not increase the Guaranteed Maximum Price), for you
handling.
Should you have any questions, please feel free to contact me at (305) 292-3550.
cc: B. Erickson
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
THIRD 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 Third 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"), is made and entered into this 17th day of April, 2019 in order to amend the
Agreement as follows:
WITNESSETH
WHEREAS, on December 13,2017 the Monroe County Board of County Commissioners
("BOCC") approved the Agreement with Construction Contractor to perform all construction
management work in connection with the development of the Plantation Key Judicial Courthouse
and Detention Facility("Project"); and
WHEREAS, on April 19, 2018 the BOCC approved the Guaranteed Maximum Price
("GMP") from Construction Contractor for the Plantation Key Government Center and Roth
Building Wastewater Treatment Plant Replacement and Abandonment phase ("Wastewater
Phase")of the Project in the amount of$783,765.00; and
WHEREAS,on May 16,2018 the BOCC approved the First Amendment to the Agreement
to incorporate the GMP and Contract Time for the Public Works Fuel Island Relocation and the
Wastewater Phase of the Project; and
WHEREAS, on October 17, 2018 the BOCC approved the Second Amendment to the
Agreement to incorporate the GMP and Contract Time for the Project; and
WHEREAS, the Wastewater Phase of the Project requires the decommissioning of the
existing water treatment utilities and sanitation facilities. The Florida Keys Children's Shelter
building ("Children's Shelter") utilizes and shares the sanitation system that also services the
Plantation Key Government Center property. Many requests were made to the Children's Shelter
to have it connect to the new utilities and sanitation system being installed.The Children's Shelter
is not yet connected to the sewer main and this failure is causing delay in the progress of the Project
and the Construction Contractor's ability to proceed effectively with the Project.
WHEREAS, this Third Amendment adds the Children's Shelter sanitation system work
and utility connection to the sewer main without increasing the GMP to the Construction
Contractor's scope of work;
THIRD AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CQNTRACI•BET MEN MONROE
COUNTY,FLORIDA AND alL'I MORE CONS!RUCl'lON CO,INC.FOR THE PLAN 1 ATION KEY JUDICIAL
COURTHOUSE AND OMEN"ION FAc LrTY
Pare 1 of 2
I
NOW THEREFORE, in consideration of the mutual promises contained herein, the
Owner and Construction Contractor agree to amend the Agreement as follows:
ARTICLE 1 —SCOPE OF WORK
1.1 Construction Contractor shall provide all equipment,material,and labor, including
grinder pumps, 2" force main, a grease interceptor, electrical systems, site work, and all work
necessary for construction of the Children's Shelter sewer connection and utility installation.
ARTICLE 2—GMP
2.1 Construction Contractor shall perform all necessary work described herein at a not
to exceed cost of Ninety-Three Thousand Five Hundred Ninety Eight and 57/100 dollars
($93,598.57), which will be included in the Wastewater Phase GMP of$783,765.00.
ARTICLE 3—CONTRACT TIME
3.1 Due to the additional Children's Shelter work, the Substantial Completion for the
Wastewater Phase shall increase by 160 days from February 25,2019 to August 4,2019.
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,the terms of this Amendment shall prevail and control.
: 71r:-4' TNESS WHEREOF, each party caused this Third Amendment to the Agreement to be
i_. _. `' its duly authorized representative.
= 4
. i,iY,
': �1 YIN MADOK BOARD OF COUNTY COMMISSIONERS
•,, - 0., OF MON' .. CO Y,FLORIDA
By: By: ,
Mayor/Chairman =•.. '- —_
Date: �'7, � q • -r;__ -
crt
BI CONST TION CO,.,INC. CONTRACTOR WITNESS:x:' - =:'
By: Witness signature: f
' , ,-
Name: 10-4\ --K4,,Virlit , Witness name: u 2 - Y1 r-
Title: V (c cP•RAsS I D4 ,i
Date: -1 101
`` MONROE COUNTY ATTORNEY
' APPRO" D AS FOR
CHRIS AMBROSIO
ASS ISIT /.ii
C9U TY ATTORNEY
Date: % 7