Loading...
07th Amendment 04/21/2021 Kevin Madok, CPA '<;; .._. :y Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: April 23, 2021 TO: Stan Thompson, Budget/Contract Administrator Project Management FROM: Pamela G. Ilanc< t. SUBJECT: April 21" BOCC Meeting Attached is an electronic copy of the following item for your handling: U3 7th Amendment to the Construction Manager at Risk Agreement with Bilunore Construction Co. Inc., 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 six months.The project is co-funded by the 2014 Revenue Bond and the One Cent InfrasWcture Sales Tax. Should you have ally questions please feel free to contact me at (305) 292-3550. cc: 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 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 Biltmme 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 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 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 WHEREAS, on April 17, 2019, the parties executed the Third Amendment to the Agreement to incorporate the decommissioning of the existing wastewater treatment plant currently shared by the Florida Keys Children's Shelter building. • WHEREAS,on May 22,2019,the parties agreed to a Fourth Amendment to the Agreement in the amount of$1,436,981.00 to incorporate additional allowances and alternates to the Project including 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;and • SEVENTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 1 of 3 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 I -SCOPE OF WORK 1.1 The Scope of Work contemplated and approved in this Seventh Amendment allows the 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. ARTICLE 2-GMP 2.1 The Construction Contractor's GMP shall be increased by One Hundred Thirty-Four Thousand 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 Attachment A. Except as expressly modified herein,all other terns and conditions of the Agreement and GMP as amended remain unchanged. In the event of a conflict between the teams of this Amendment and those of the Agreement, Owner and Construction Contractor agree that the terns of this Amendment shall prevail and control. [Remainder of page intentionally blank] • SEVENTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 2 of 3 4( <, 41NESS WHEREOF, each party caused this Amendment to the Agreement to be executed r by*duIrte., orized representative. I6I \ Pirld42 ~ A T ICEVIN MADOK BOARD OF COUNTY COMMISSIONERS '� �x/J /� //fJ OF MO O.yATy. F O By;C7w,t,,,,„L,C40.1.wit� BY: .a.. NOV!1g \ ` As Deputy Clerk Mayor/Chairman Date: F Af, 2-• s l MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM I /k0 [l fU (ror) STANT COUNTY A vORNEY DATE: 4-11-7021 BILTMORE CON TRUC N CO, INC. CONTRACTOR W TINCIBT By: Witness Signature: ///7-p.-- pc/ Name:_ T'er.4fr- Witness Name an ate: Vs y/,YZ/ Title: V 1i tPeec pen r Witness Signature: Date: it -/3 L/ Witness Name and Da ,J W T C. —4 U 7_ T r SEVENTH AMENDMENT TO CONSTRUCTION MANAGEMENT AT RISK CONTRACT FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Page 3 of 3 ATTACHMENT A 1 ) BILTMORE C O N $ T R U C T I O 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 Dear Cary: 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 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 • $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(eel free to contact me. �Siiincerely, Pao DGRa99a o Vito DiRuggiero Vice President/LEED AP ,Ac uo oe CERTIFICATE OF LIABILITY INSURANCE °"�'""I°° ' 4/......---- 12/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. N SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Wallace Welch&Willingham, Inc. PHONE Certificates FAX 300 1st Ave.So., 5th Floor we No Fly 727-522-7777 (AID J 727-521-2902 Saint Petersburg FL 33701 EMAIL certdicates@w3ins.com INSURERIS)AFFORDING.COVERAGE NAIL IS INSURER A:Zurich American Ins.Co. 16535 INSURED BILTCON 01 INSURER B:American Guarantee&Liability Ins.Co. 26247 Biltmore Construction Co., Inc. INSURER C:North River Ins,Co. 21105 1055 Ponce de Leon Blvd. Belleair FL 33756 INSURERO:Illinois Union IDS.Co. _ _ 27960 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:101862824 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE WVD R POLICY NUMBER PWDO/MNOLICY F POLICY LIMITS A X COMMERCIAL GENERAL USABILITY INNND021 IY1/1//022 GL0008451106 1/1/2021 1/t 12022 CIAIMS-MADEEACH G TOR E2.000.000 EMED - — IREMISE S aEHTED --X�occU0. PREMISES(Ea occurrence) E1.000,000 X Cmfaclsl Llao MED EXP(My on person) $15,000 X Xcv PERSONAL&ADV INJURY $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $4,CCDOW POCKY .a,l JRO - — PECT LOC PRODUCTS.COMP/OP AGG $4.000,P^O OTHER' $ A AUTOMOBLEUABILITY BAP006451206 1/1/2021 1/1/2022 COMBINED SINGLE LIMIT(Ea accidenll $1,OW,000 X ANY AUTO BODILY IwuRv(Per Perm/ $ OWNEAUTOS SCHEDULED BODILY INJURY ) $ AUTOS ONLY AUTOS (Per $ X HIRED X AUTOS NE0 PROPERTY DAMAGEGE S AUTOS ONLY AUTOS ONLY Per.cadent) $ S X UMBRELLALIAB I X OCCUR AUC578165507 1/1/2021 1/1/2022 EACH OCCURRENCE $10.000.000 X EXCESS mB 5228082648 1/1/2021111/2022 -- CLAIMS-MADE AGGREGATE 510,000.000 DEO X RETENTION bn EXGSS LYbN1y $10.000.000 R MD EMPLOYRKERS ERS'LIABILITY YIN W0006651406 1/1/2021 1/12022 X SiPTUTE _ _DERµ roROPRIETIXUPARTNER/EXECUTIVE EL.EACH ACCIDENT $1,000,000 FF10ERMEMBER EXCLUDED' N ,NIA (Manstalory In NH) EL.DISEASE-EA EMPLOYEE $1,000,000 Mria4 to under 'DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1,000,000 0 Profess4onaWolblim Liability CEOG72498963001 1/1/2021 ti1/2022 Per Claim 5,000,000 Repo dale 1112015 Aggregate 5,000,000 Ded role 50.000 DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES(ACORD 101,Additional Remark.Schedule.may MI allrcbd If TOM apace L Pepuircd Monroe County BOCC is additional insured as respects to the General Liability if required by written contract,subject to terms,conditions,and exclusions of the policy Monroe County BOCC is additinnwl inclimH with resnnm In Alen I Willits if rani irwi by written contract,subject to terms,conditions.and exclusions of the policy. 18KhWMC>7 AENT BY - /23/2021 CERTIFICATE HOLDE DATECELLATION WAWA we,_ NILD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance PO Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth GA 30096 /17,' --/' I ©1988-2015 ACORD CORPORATION. All right"reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD