Item C09 C.9
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: C.9
Agenda Item Summary #6916
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Matthew Howard(305) 292-4337
N/A
AGENDA ITEM WORDING: Approval of a Sixth Amendment to the Construction Manager at
Risk (CMAR) Agreement with Biltmore Construction Co. Inc. (Biltmore), to increase the
Guaranteed Maximum Price (GMP) by $1,894,904.34 for the Plantation Key Judicial Courthouse
and Detention Facility for a total combined GMP of$34,187,462.06. The project is co-funded by the
2014 revenue bond and the one cent infrastructure sales tax.
ITEM BACKGROUND: This Sixth Amendment to the CMAR contract with Biltmore proposes to
add the following scopes into the GMP: courtroom finishes, bahama shutters, required site work, and
miscellaneous savings and clarifications in drawing revisions 3 & 4. Much of this scope was
originally approved but removed in amendment 4. This Sixth Amendment to the CMAR contract
also proposes to convert the following allowances into fixed prices:
- Acoustical Panel Allowance
- Interior Water Wall Allowance
- Electronic Safety and Security Allowance
- Paver Allowance
- Landscaping at Removed Exterior Fountain Allowance
- Landscape and Irrigation Allowance
PREVIOUS RELEVANT BOCC ACTION:
12/13/17 - BOCC approved a contract with Biltmore for CMAR services for the P.K. Gov. Center.
3/21/18 — BOCC approved a GMP amount for the Magnolia Street Fuel Storage and Distribution
system Relocation Project with Biltmore.
4/19/18 — BOCC approved a GMP amount for the Wastewater treatment plant replacement and
abandonment project with Biltmore.
5/16/18 — BOCC approved CMAR First Amendment to add the GMP for the Fuel Island Relocation
and Treatment Plant Replacement.
10/17/18 — BOCC approved CMAR Second Amendment to add the Plantation Key Courthouse cost
to the GMP.
4/17/19 — BOCC approved CMAR Third Amendment to add wastewater utility services for the
Florida Keys Children's Shelter.
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C.9
5/23/19 —BOCC approved CMAR Fourth Amendment to add additional recommended alternatives
including Bahama shutters, interior courtroom millwork and acoustical panels.
6/19/19 —BOCC approved to cancel CMAR Fourth Amendment due to budget constraints.
6/19/19 —BOCC approved CMAR Fifth Amendment to add Builders Risk Insurance.
CONTRACT/AGREEMENT CHANGES:
Adding Courtroom Millwork, 100% Site Work, Relocation of Overhead Utilities
STAFF RECOMMENDATION: Approval of Sixth Amendment to CMAR contract.
DOCUMENTATION:
Amendment 6_Biltmore_contractor signed
Biltmore Contract& Amend 1-5 EXEC
Amendment 6_Proposal to Owner 05-28-2020_Rev3
FINANCIAL IMPACT:
Effective Date: 6/17/2020
Expiration Date: 3/13/2022 (current substantial completion date)
Total Dollar Value of Contract: $1,894,904.34 - Sixth Amendment
$34,187,462.06 Total GMP including 6th Amendment& all Change Orders as of May 2020
Original Contract $ 150,000.00
Amendment 1 $ 1,320,677.00
Amendment 2 $ 32,818,441.14
Amendment 3&4 $ -
Amendment 5 $ 202,086.00
Amendment 6 $ 1,894,904.34
Subtotal $ 36,386,108.48
Change Order 1 4$68,41,"16 ,016\1
Change Order 2 4$986,135� 21y
Change Order [$23 ,144k2l\
Change Order [$80,n00jn6\
Change Order 4$213,360A0,6)
Change Order 6 $ -
Subtotal ($2J98fi46.42
Grand Total $ 34,187,462.06
Total Cost to County: 100%
Current Year Portion: $425,714.00 of Sixth Amendment
Budgeted: Yes
Source of Funds: 314 26008 CP1503
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C.9
CPI: N/A
Indirect Costs: $0
Estimated Ongoing Costs Not Included in above dollar amounts: Ongoing operation and
maintenance costs estimated at 5% of capital cost starting in year the building is occupied.
Revenue Producing: No X If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes
Additional Details:
314-26008-560620-CP1503
06/17/20 314-26008 - CAPITAL OUTLAY BUILDING $1,894,904.34
CP1503
REVIEWED BY:
Cary Knight Completed 06/02/2020 11:37 AM
Kevin Wilson Completed 06/02/2020 2:10 PM
Joseph DiNovo Completed 06/02/2020 2:16 PM
Purchasing Completed 06/02/2020 2:22 PM
Budget and Finance Completed 06/02/2020 5:15 PM
Maria Slavik Completed 06/02/2020 6:03 PM
Kathy Peters Completed 06/02/2020 6:04 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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C.9.a
SIXTH 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 Sixth 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 17 Day of June 2020 in order to amend the
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Agreement as follows: .E
WHEREAS, on December 13, 2017, the parties entered into an Agreement for Construction
Contractor to perform all construction management work in connection with the Project; and
o:
WHEREAS, on May 16, 2018, the parties executed the First Amendment to the Agreement to
incorporate the Guaranteed Maximum Price ("GMP") and contract time for the Public Works Fuel
Island Relocation and Roth Building Wastewater Treatment Plant Replacement phases of the Project;
and
WHEREAS, on October 17, 2018,the parties executed the Second Amendment to the Agreement
0
to incorporate the GMP dated October 2, 2018, and contract time for the Plantation Key Judicial
Courthouse and Detention Facility phase of the Project; and
I
WHEREAS, on April 17, 2019, the parties executed the Third Amendment to the Agreement to 2
incorporate the decommissioning of the existing wastewater treatment plant currently shared by the E
Florida Keys Children's Shelter building. cal
WHEREAS, on May 22, 2019,the parties agreed to a Fourth Amendment to the Agreement in the E
amount of$1,436,981.00 to incorporate additional allowances and alternates to the Project including
E
the addition of Bahama Shutters, Casework in Court Rooms "A", `B" and"C", and wood acoustical
treatments; and
WHEREAS, on June 19, 2019, the parties agreed to cancel the Fourth Amendment to the
Agreement in the amount of$1,436,981.00 which had not been executed by either party; and
WHEREAS, on June 19, 2019,the parties agreed to a Fifth Amendment to the Agreement to have
the Construction Contractor purchase and provide Builder's Risk insurance for the Project.
NOW THEREFORE, in consideration of the mutual promises contained herein, the Owner and
SIXTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FORTH E PLANTATION KEY JUDICIAL
COURTHOUSE AND DETENTION FACILITY
Page 1 of 3
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C.9.a
Construction Contractor agree to amend the Agreement as follows:
ARTICLE I - SCOPE OF WORK
1.1 The Scope of Work contemplated and approved in this Sixth Amendment consists of the
inclusion of required scopes that were previously excluded from the GMP, the conversion of
allowances into fixed prices, the acceptance of additional scope items that have been included as
the project has been refined, and clarifications to the contracting language for the Plantation Key
Judicial Courthouse and Detention Facility GMP dated October 2, 2018, that have been agreed to
and entered into between Owner and Prime Contractor to the extent as follows:
E
Previously excluded work to be included in this amendment shall include:
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1. Bahama Shutters as described in the enumerated drawings of Attachment A
2. Court Room "A", "B", and "C" Millwork as described in the enumerated drawings of
Attachment A
3. All sitework as described in the enumerated drawings of Attachment A
a.
The following allowances, identified in Biltmore's GMP proposal included as Attachment A in
Amendment 2, shall be converted into fixed prices and added to the overall GMP. The removed
allowances are: �-
0
1. Acoustical Panel Allowance in the amount of$120,000
2. Interior Water Wall Allowance in the amount of$50,000 0
I
3. Electronic Safety and Security Allowance in the amount of$946,000 '
0
4. Paver Allowance in the amount of$96,000
5. Landscaping at Removed Exterior Fountain Allowance in the amount of$7,000 cal
6. Landscape and Irrigation Allowance in the amount of$379,854
1.2 The Scope of Work contemplated and approved in this Sixth Amendment shall include every
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scope mentioned in 1.1 and will also include all revisions, clarifications and new scopes added into the
project up to and including Revision 4 drawings done by Currie Sowards Aguila Architects,Inc. dated
March 6, 2020 and included herein as Attachment A. Furthermore, the new scope also includes the
overhead power relocation project and all required scopes as defined in the drawings enumerated herein
as Attachment B.
ARTICLE 2 - GMP
2.1 The Construction Contractor's GMP shall be increased by One Million Eight Hundred Ninety-
Four Thousand Nine Hundred Four and 34/100 dollars($1,894,904.34)for providing the above revised
SIXTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FORTH E PLANTATION KEY JUDICIAL
COURTHOUSE AND DETENTION FACILITY
Page 2 of 3
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C.9.a
Scope of Work.
ARTICLE.3—CONTRACT TIME
3.1 The Construction Phase Commencement Date for the Work for the Plantation Key.Judicial
Courthouse and Detention Facility is hereby specified as August 5, 2019.
3.2 The Substantial Completion date hereby is increased by Ninety(90) calendar days.
Except as expressly modified herein,all other terms and conditions of the Agreement and GMP m
as amended 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,
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IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be executed a
by its duly authorized representative.
(SEAL)
ATTEST: KEVIN MADOK BOARD OF COUNTY COWUSSIONERS
OF MONNROE COUNTY, FLORIDA
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By: By:
Clerk Mayor/Chairman
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Date:
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BILTMORE CONSTRU N CO, INC. CONTRACTOR WITNES
By: w Witness Signature:
Name: Witness Name and.4Date:'
Title: r!&% Witness Signature:Date: - Witness Name and a
SIXTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION
KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY
Page 3 of 3
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wlPlantation Key Site Utility Relocation Project 04-22-2 c.9.a
Enumeration of Documents
C U R R I E ATTACHMENT '
SOWARDS
AGUILA
architects
ENUMERATION OF DOCUMENTS BID SET
ARCHITECTURAL
A0.00 07.08.2019 m
CIVIL
EX-1 EXISTING UTILITIES EXHIBIT 07.09.2019 cJ
EX-2 IPHASING UTILITIES EXHIBIT(PHASE 1) 07.09.2019
EX-3 FINAL UTILITIES EXHIBIT 07.09.2019 CL
_
SP-1 PROPOSED UTILITY SITE PLAN EXHIBIT(FKEC) 07.09.2019
ELECTRICAL v,
E1.0 ELECTRICAL SYMBOL LEGEND, GENERAL NOTES 07.12.2019 c
E2.0 SITE PLAN - DEMOLITION - FKEC COORDINATION 07.12.2019
E3.0 SITE PLAN - FKEC COORDINATION 07.12.2019
E4.0 DETAILS 07.12.2019
TECHNOLOGY
T1.0 JAT&T COORDIATION 01.24.2020 ®_
T1.1 TECHNOLOGY DETAILS 07.12.2019 i
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