Item U03 U.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: U.3
Agenda Item Summary #3131
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Matthew Howard (305) 292-4337
N/A
AGENDA ITEM WORDING: Approval of a Seventh Amendment to the Construction Manager at
Risk (CMAR) Agreement with Biltmore Construction Co. Inc. (Biltmore), to increase the
Guaranteed Maximum Price (GMP) by $134,080.00 for the Plantation Key Judicial Courthouse and
Detention Facility for a total combined GMP of $33,336,071.41. This Amendment extends the
Builders Risk Insurance for an additional 6 months. The project is co-funded by the 2014 revenue
bond and the one cent infrastructure sales tax.
ITEM BACKGROUND: This Seventh Amendment to the CMAR contract with Biltmore proposes
to extend the Builders Risk Insurance coverage for an additional 6 months until November 30, 2021.
The current Builders Risk policy expires on May 15, 2021. The project is approximately 6 months
from completion. This policy extension will cover the project until completion.
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.
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.
6/17/20 —BOCC approved CMAR Sixth Amendment to incorporate add alternates, allowances and
miscellaneous design revisions/clarifications.
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U.3
CONTRACT/AGREEMENT CHANGES:
Extending Builders Risk Insurance coverage for additional 6 months
STAFF RECOMMENDATION: Approval of Seventh Amendment to CMAR contract.
DOCUMENTATION:
Amend. 47 PK Cthse_Biltmore_legal stamped
Contract& Amend 1-6 Biltmore EXEC 6.17.20
FINANCIAL IMPACT:
Effective Date: 4/21/2021
Expiration Date: 11/30/2021 (updated builders risk policy expiration date)
Total Dollar Value of Contract: $134,080.00 - Seventh Amendment
$33,338,052.41 Total GMP including 7th Amendment& all Change Orders as of April 2021
Original Contract $150,000.00 Change Order 1 (- 68 f_,07,f 0)
lAmendment t 1,320,677.00 Change Order 2 986,1 1 ,t'1)
Amendment 2 32,0,18,4 't.14 Change Order 3 ($ 5 144,F`1)
Amendment 3 &4 Charge Order i 530'01 0'01)
Amendments $202,GS6.00 Change Orders ($ `13,36a,0,0)
Amendment 6 1,994,K .3 Change Order 6
Amendment 7 134,GS,0.0,0 Change Order 7 c;588 0' & j'
Subtotal 36,520,188.48 Change Order 5q1, ET2,'0,0)
Change Order 9 t 129,8 8 8'0,0_
Change Order 10 819,869 3)
Change Ordertt (583_971,92)
Grand Total 33,33 ,05 .4
Total Cost to County: $134,080.00
Current Year Portion: $134,080.00 of Seventh Amendment
Budgeted: Yes
Source of Funds: 314 26008 560620 CP1503
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
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U.3
Insurance Required: Yes
Additional Details:
314-26008-560620-CP1503
04/21/21 314-26008 - CAPITAL OUTLAY BUILDING $134,080.00
CP1503
REVIEWED BY:
Cary Knight Skipped 04/13/2021 12:13 PM
Kevin Wilson Completed 04/13/2021 12:17 PM
Joseph DiNovo Completed 04/13/2021 12:38 PM
Purchasing Completed 04/13/2021 12:39 PM
Budget and Finance Completed 04/13/2021 12:40 PM
Maria Slavik Completed 04/13/2021 1:06 PM
Liz Yongue Completed 04/13/2021 2:57 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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U.3.a
SEVENTH 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 Seventh 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 21st day of April 2021 in order to amend the Agreement
as follows:
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
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
a.
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 n
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
c
WHEREAS, on April 17, 2019, the parties executed the Third Amendment to the Agreement to
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incorporate the decommissioning of the existing wastewater treatment plant currently shared by the y
Florida Keys Children's Shelter building.
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WHEREAS,on May 22,2019,the parties agreed to a Fourth Amendment to the Agreement in they
amount of$1,436,981.00 to incorporate additional allowances and alternates to the Project including
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the addition of Bahama Shutters, Casework in Court Rooms "A", `B" and "C", and wood acoustical
treatments; and
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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; and
SEVENTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY
JUDICIAL COURTHOUSE AND DETENTION FACILITY
Page 1 of 3
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U.3.a
WHEREAS, on June 17, 2020, the parties agreed to a Sixth Amendment to the Agreement in the
amount of$1,894,904.34 to incorporate additional allowances and alternates to the Project including
the addition of Bahama Shutters, Millwork in Court Rooms "A", `B" and "C", converted certain
allowances into fixed prices, and included miscellaneous design revisions and clarifications.
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 The Scope of Work contemplated and approved in this Seventh Amendment allows the .E
Construction Contractor to extend the Builders Risk Insurance coverage for an additional 6 months.
The new expiration date of coverage will be November 30, 2021.
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ARTICLE 2 - GMP
2.1 The Construction Contractor's GMP shall be increased by One Hundred Thirty-Four Thousand c�
Eighty and 00/100 dollars ($134,080.00) for providing the above revised Scope of Work. The �--
Construction Contractors Proposal dated April 13, 2021 shall be included in this amendment as
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Attachment A.
Except as expressly modified herein,all other terms and conditions of the Agreement and GMP
as amended remain unchanged. In the event of a conflict between the terms of this Amendment and c
those of the Agreement, Owner and Construction Contractor agree that the terms of this Amendment i
shall prevail and control. CL
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SEVENTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY
JUDICIAL COURTHOUSE AND DETENTION FACILITY
Page 2 of 3
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U.3.a
IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be executed
by its duly authorized representative.
(SEAL)
ATTEST: KEVIN MADOK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By: E
As Deputy Clerk Mayor/Chairman
E
Date:
MONR47E COUNTY ATTORNEYS OFFICE
APPROVED AS TO FORM
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•-_,_ASSTANT COU ATTORNEY
_
4-1 1-_2o1 _
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BILTMORE CONSTRUCTION CO, INC. CONTRACTOR WITNESS
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By: Witness Signature: i
Name: Witness Name and Date:
Title: Witness Signature: CLi
Date: Witness Name and Date:
SEVENTH AMENDMENTTO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY
JUDICIAL COURTHOUSE AND DETENTION FACILITY
Page 3 of 3
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ATTACHME -rr
113ILTMOM
C Q N - S T R U C T 1 0 N
April 13,2021
Mr.Cary Knight
Director, Project Management
Monroe County Public Works& Engineering
1100 Simonton Street
Key West, FL.33040
Re: Plantation Key Judicial Center and Detention Facility Project
Builders Risk Extension Proposal
CJ
Dear Cary:
CJ
Biltmore Construction is pleased to offer the following proposal to provide the Builders Risk Extension for the
Plantation Key Judicial Center and Detention Facility Project.The Builders Risk Policy extension will be passed thru
Biltmore Construction Co., Inc.and no fees will be added to the policy.
The cost is itemized as follows:
Base Policy thru Westchester Insurance Company-Policy Term 5/15/21 to 11/30/21-$134,080.00
0
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Policy Specifics
• $22,600,000.00 Insured value.
• $100,000.00 Deductible for flood with$20,000,000.00 sublimit for flood.
• 5%Deductible for named windstorm insured at$22,600,000.00 CL CLI
• $25,000.00 Deductible for Earth Movement insured at$22,600,000.00
•
$10,000.00 Deductible for Water Damage. �
• $5,000.00 Deductible for all other perils.
• Monroe County Board of County Commissioners as Additional insured and Loss Payee.
If you should have any further questions,please feel free to contact me.
Sincerely,
,Vero veRaqq�
Vito DiRuggiero
Vice President/LEED AP
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