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Item Z10 I�`� County of Monroe �y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS County �a� 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 � Holly Merrill Raschein,District 5 County Commission Meeting October 20, 2021 Agenda Item Number: Z.10 Agenda Item Summary #9865 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval of 1st Amendment to Agreement for Construction Manager At Risk Services (CMAR) pre-construction activities with NV2A Gulf Keystar Joint Venture AND approval of Task Order No. 1 in the amount of $223,505.00 for the Key West International Airport Concourse A and Terminal Improvements program, to be funded by Airport Operating Fund 404, FDOT Grant GIP09 and/or FDOT Grant G2090. ITEM BACKGROUND: When the original pre-construction agreement was approved by the BOCC, Contract Sum Section 4 stated that the total lump sum compensation for pre-construction phase will be subsequently agreed upon in a scope Gross Maximum Price (GMP) amendment, however, the preconstruction phase services are being performed as the design packages are being released to the construction manager therefore the original agreement is being amended to provide that the Owner will issue task orders to the CMAR for pre-construction phase services to be completed as the design packages are released and as set forth in each task order and based on the CMAR's hourly rates as outlined in Exhibit B. PREVIOUS RELEVANT BOCC ACTION: On October 21, 2020, the BOCC granted approval to advertise the competitive solicitation for the Construction Manager At Risk Services for Key West International Airport Concourse A and Terminal Improvements program. On May 19, 2021, the BOCC rejected all proposals and granted approval to re-advertise the competitive solicitation with a reduced period of advertisement from 45 days to 30 days. On September 15, 2021, the BOCC approved the CMAR pre-construction agreement with NV2A Gulf Keystar. CONTRACT/AGREEMENT CHANGES: Adds use of tasks orders and CMAR's fees to original agreement STAFF RECOMMENDATION: Approval. DOCUMENTATION: CMAR Pre-Construction 1 st Amendment CMAR Task Order 41 FINANCIAL IMPACT: Effective Date: Upon notice to proceed(NTP) Expiration Date: December 31, 2021 Total Dollar Value of Contract: $223,505.00 Total Cost to County: -0- Current Year Portion: same Budgeted: Yes Source of Funds: Airport Operating Fund 404, FDOT Grant GP09 and/or FDOT Grant G2090 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 10/15/2021 12:56 PM Richard Strickland Completed 10/15/2021 1:06 PM Pedro Mercado Completed 10/15/2021 3:02 PM Purchasing Completed 10/15/2021 3:07 PM Budget and Finance Completed 10/18/2021 12:06 PM Maria Slavik Completed 10/18/2021 12:26 PM Liz Yongue Completed 10/18/2021 1:59 PM Board of County Commissioners Pending 10/20/2021 9:00 AM 1st Amendment to Agreement Between Owner and Construction Manager at Risk (Pre-Construction Activities) THIS 1 sc AMENDMENT TO AGREEMENT(hereafter 1 sc Amendment) is made as of this 20th day of October, 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Construction Manager: NV2A Gulf Keystar, A Joint Venture 5450 MacDonald Avenue 43 Key West Florida 33040 Project: Key West International Airport Concourse A and Terminal Improvements Program WHEREAS,the Monroe County Board of County Commissioners("Owner")is the owner and operator of the Key West International Airport; and WHEREAS, at the September 15, 2021 regularly scheduled board meeting the Owner approved entering into a Construction Management Agreement(Original Agreement)with NV2A Gulf Keystar (Construction Manager): and WHEREAS,the Original Agreement allowed for additional time for determining the lump sum amount while the full scope of the pre-phase services was finalized; and WHEREAS, the parties wish to make provisions for partial payments based on the rates the Construction Manager previously provided in its competitive solicitation proposal; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, the parties do hereby agree as follows: SECTION 1. Sub- Article 4.1 of Article 4 - Contract Sum of the original agreement is amended to read as follows: 4.1 Owner shall issue a Task Order, using the form provided in Exhibit A hereto, to Construction Manager for all Pre-Construction Phase Services, including but not limited to providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with Design Professionals during the various design phases, and preparing cost estimates. Each Task Order issued by the Owner shall clearly state that it is issued pursuant to this Agreement and shall identify the scope of services to be performed by the Construction Manager, the required labor hours and lump sum fee for the scope of services based on the approved hourly rates outlined in Exhibit B, and the schedule for performance of the Services. Construction Manager shall commence work on the services provided for in the Task Order promptly upon his/her receipt of a written Notice to Proceed from the Owner. The Owner shall pay the Construction Manager monthly in current funds for the Construction Manager's performance of services as set forth in each Task Order and based on the hourly rates outlined in Exhibit B. The Task Order shall be all inclusive and no additional amount for reimbursable expenses (including but not limited to, transportation, per diems, postage, photocopying, telephone) shall be allowed. SECTION 2. Except as set forth in Section 1 of this lst Amendment, all other provisions of the Original Agreement approved at the September 15, 2021 regularly scheduled board meeting, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) OWNER: Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Michelle Coldiron CONSTRUCTION MANAGER AT RISK NROE COUNTY AT rOnNEY NV2A Gulf Keys ar, A Joint Venture AfPnOVE Fa PED 0 J. CAD By: ASS@STA UNTY ATTORNEY Date 10/15/21 Print name: Gilberto Neves Title: Managing Partner Date: 10/14/2021 Exhibit MASTER AGREEMENT FOR PROFESSIONAL SERVICES KEY WEST INTERNATIONAL I MI L IMPROVEMENTS PROGRAM TASK ORDER FORM Effective Date Task Order No. Client Project No. Engineer Project No. This Task Order is entered into on the effective date noted above pursuant to the "Master Agreement for Professional Services" between Monroe County, Florida ("Client") and McFarland Johnson Inc. ("Consultant"),dated February 15. 2017("Agreement"). The Agreement is incorporated herein and forms an integral part of this Task Order. Services Authorized: Client authorizes Consultant to perform the Services described in Appendix A attached hereto and incorporated herein,which Appendix A is marked with the above noted Task Order No.and consists of (—)pages) ._.....__ Pricing Time and Expense per Agreement and Exhibit B to the Agreement. Firm Lump Sum Price of$ Other(Describe): Schedule Services may commence on _ Services will cease by Other (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK,CLERK OF MONROE COUNTY, FLORIDA By- Mayor/Chairman CONSULTANT: By____w.............._ ® .._......... Witness Title- GULF BOLDING NV K KE 'YST R EXHIBIT B July 22,2021 Mr. Richard Strickland Director of Airports Monroe County Airports SUBJECT: CMAR Key West International Airport Concourse A and Terminal Improvements Program/ Pricing FEE The Construction Fee percentage markup on the cost of work is: 2.95%.This fee includes profit,overhead and G&A expenses. Billable Rates for Pre-Construction and Construction The following are NV2A Gulf Keystar JV's labor rates for preconstruction and construction services.These rates include fringe benefits and exclude overhead, profit and G&A expense. BIC= Project Director $ 209.38 Deputy Project Director $ 112.93 Sr Project Manager I $ 188.22 Sr Project Manager II $ 149.07 Project Manager II $ 112.93 Estimating & Procurement $ 145.07 Preconstruction $ 164.92 BIM Specialist $ 48.94 Community Outreach $ 90.35 Scheduler $ 117AS ODP Coordinator $ 65.88 onstructability $ 142.79 General Superintendent $ 131.75 MEP Airport Systems PM $ 147.34 GULF B UILD"NG NV K O" KEYST*R ICE= Project Director 209.38 Deputy Project Director 112.93 Sr Project Manager 1 188.22 Sr Project Manager 11 149.07 Project Manager 11 112.93 Project Manager 111 82.82 Scheduler $ 117.45 MEP Airport Systems PM $ 147.34 Safety Manager $ 91.10 ODP Coordinator $ 65.88 Admin I Permit Coordinator $ 39.15 BIM Specialist $ 48,94 Community Outreach $ 90.35 General Superintendent $ 131.75 Superintendent I $ 112.93 Superintendent II $ 90.35 Sincerely, Gilberto Neves Executive Leadership cc: Chas Spottswood Robert Spottswood, Jr. John Scherer W. Rick Derrer Exhibit A Agreement Between Owner and Construction Manager at Risk (Pre-Construction Activities) Key West International Airport Concourse A and Terminal Improvements Program TASK ORDER FORM Effective Date: Notice to proceed Task Order No. 1 Client Project No. Engineer Project No. 18811 This Task Order is entered on the effective date noted above pursuant to the"Agreement Between Owner and Construction Manager at Risk(Pre-Construction Activities)"between Monroe County,Florida("Client")and NV2A Gulf Keystar, A Joint Venture ("Construction Manager"), dated September 15, 2021 ("Agreement"). The Agreement is incorporated herein and forms an integral part of this Task Order. Services Authorized: Client authorizes Construction Manager to perform the Pre-Construction Services described in Appendix A attached hereto and incorporated herein, which Appendix A is marked with the above Task Order No. and consists of 1 one page(s). Pricing: Time and Expense per Agreement and Exhibit B to this Agreement. X Firm Lump Sum Price of$223,505.00 Other(Describe): Schedule 7NROE COUNTY AT MnNEY A pOVE ' FORM Services may commence on Notice to proceed t FED b J. Services will cease by December 31,2021 ASSIS UNTY ATTORNEY Other Date 10/15/21 (SEAL) BOARD OF COUNTY COMMISIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman CONSTRUCTION MANAGER By Project Director APPENDIX A Agreement Between Owner and Construction Manager at Risk For Pre-Construction Activities Key West International Airport Concourse A and Terminal Improvements Program TASK ORDER No. 1 Description of Pre-Construction Services included in this Task Order: Validation and review of preliminary design documents for scope and phasing. Integration and familiarization with Airport management, stakeholders and users, Design Team and Consultants through participation in meetings and work sessions.Initial analysis of phasing alternatives, project work packages and procurement best practices. Recommendations on procurement plan alternatives and revised phasing, in coordination with Design team and Airport management, to achieve timely completion of the program. The CMAR services included in this Amendment are to be performed in conjunction with the production and delivery of a 30% set of construction documents by the A/E of Record which shall be delivered to CMAR no later than December 1 2021. CMAR services associated with this Task Order shall be completed by December 31, 2021. The Lump Sum Price for the required labor hours and fee for the scope of services included in this Task Order No.1 based on the approved hourly rates outlined in Exhibit B is $ 223,505.00. 1 GULF BOLDING NV K KEYST' R July 22,2021 EXHIBIT B Mr. Richard Strickland Director of Airports Monroe County Airports SUBJECT: CMAR Key West International Airport Concourse A and Terminal Improvements Program/ Pricing FEE The Construction Fee percentage markup on the cost of work is: 2.95%.This fee includes profit,overhead and G&A expenses. Billable Rates for Pre-Construction and Construction The following are NV2A Gulf Keystar JV's labor rates for preconstruction and construction services.These rates include fringe benefits and exclude overhead, profit and G&A expense. BIC= Project Director $ 209.38 Deputy Project Director $ 112.93 Sr Project Manager I $ 188.22 Sr Project Manager II $ 149.07 Project Manager II $ 112.93 Estimating & Procurement $ 145.07 Preconstruction $ 164.92 BIM Specialist $ 48.94 Community Outreach $ 90.35 Scheduler $ 117AS ODP Coordinator $ 65.88 onstructability $ 142.79 General Superintendent $ 131.75 MEP Airport Systems PM $ 147.34 GULF B UILD"NG NV K O" KEYST*R ICE= Project Director 209.38 Deputy Project Director 112.93 Sr Project Manager 1 188.22 Sr Project Manager 11 149.07 Project Manager 11 112.93 Project Manager 111 82.82 Scheduler $ 117.45 MEP Airport Systems PM $ 147.34 Safety Manager $ 91.10 ODP Coordinator $ 65.88 Admin I Permit Coordinator $ 39.15 BIM Specialist $ 48,94 Community Outreach $ 90.35 General Superintendent $ 131.75 Superintendent I $ 112.93 Superintendent II $ 90.35 Sincerely, Gilberto Neves Executive Leadership cc: Chas Spottswood Robert Spottswood, Jr. John Scherer W. Rick Derrer NV2AG RO-01 M LE H MAN ,d►CORO" CERTIFICATE OF LIABILITY INSURANCE DATE(M 9/27/2021 `•� 2021 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 policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If 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 AG FL Insurance Team NAME: American Global LLC PHONE FAX 900 S Pine Island Road (A/C,No,Ext): (A/C,No): Suite 210 ADD"RIESS:certsFL@americanglobal.com Plantation,FL 33324 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance of Hartford 20478 INSURED INSURER B:The Continental Insurance Company 35289 NV2A Gulf Keystar JV LLC INSURER C:Valley Forge Insurance Company 20508 9100 S.Dadeland Blvd Suite 600 INSURER D:Berkley Assurance Company 39462 Miami,FL 33166 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR 6072326798 8/17/2021 8/17/2022 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ Approved /Is Management MED EXP(Any oneperson) $ 15,000 -�' -^ �^ `+�''�' PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY 1 JECT � LOC 9-27-2021 PRODUCTS-COMP/OP AGG $ 4,000,000 X OTHER: EMPLOYEE BENEFI $ 2,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X 6072326763 8/17/2021 8/17/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE CUE 6072326770 8/17/2021 8/17/2022 AGGREGATE $ DED I X I RETENTION$ 10,000 Aggregate $ 10,000,000 C WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WC672326767 8/17/2021 8/17/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1 000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liab. PCAB-6016213-0821 8/17/2021 8/17/2022 $5M Agg;Per Claim/EE 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Key West International Airport Concourse A&Terminal Improvements Monroe County Board of County Commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Auto Liability Policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. Gato Building,Room 2-213 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. 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