Item C30
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
ME ET II\lG DATE: 03/1 5/06
DIVIS!ON: COUNTY ADMiNISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
-
AGENDA iTEM WORDING: Approval of a contract amendment with the Morganti Group being entered into as a
modification to tile County's purchasing po1icies under Hle emergency provisions of the County Code for the hurricane
damage repair of the Fiorida Keys Marathon Airport.
iTEM BACKGROUND: Please see attached memo from the County Attorney's Office.
- .~--
PREViOUS RELEVANT BOCC ACTION, Od. 19,2005 soce approved the award of the C,M. at Risk contract to the
Morganti Group.
CONTRACT/AGREErl,~ENT CHf.I,NGES: Allows the f'v1organti Group to perform the hUHlcane repairs at the Flmida Keys
Marathon Airport
STAFF RECOMMENDATION: Approval
TOTAL COST: Up to $4,000,000.
BUDGETED: Yes
COST TO AIRPORT: -0-
COST TO PFC: -0-
COST TO COUNTY: -0-
SOURCE OF FUNDS: FEMj\/fnsurance Proceeds: $2,500,000
FAA $1,544,850
REVENUE PRODUC!I\JG: N/A
AMOUNT PER MONTHIYEAR:
APPROVED BY County Attorney X
OMS/Purchasing X
Risk Management X
KEY WEST AiRPORT DIRECTOR APPROVAL
'/=~fr
"
---
-' ----
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
P,GENDA iTEM #
DISPOS!TION:
fpjll
Expiration Date: Open
Contract Purpose/Description: Hurricane Damage Repair at the Florida Keys Marathon Airport
Contract Manager: Peter Horton
(name)
# 3518
(Ext. )
for BOCC meeting on: 3/15/06
Airports - Stop # 5
(Department! Stop)
Agenda Deadline: 2/28/06
CONTRACT COSTS
Total Dollar Value of Contract: $4,000,000.00
Budgeted? Yes
Grant: Yes - FAA
County Match: None
I Estimated Ongoing Costs: nla
i (not included in dollar value above)
Current Year Portion: $4,000,000.00
Account Codes: 0459105
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Needed
Yes No
Airports Director .1J.i:.J ~ ) ~
Risk Management l/~I 6b ) eX)
Date In
O.M.B./Purchasing
I /
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( ) ( )
}('CJ
County Attorney
l;~/~
Comments:
Reviewer
Date Out
_/_/-
3 I <t/uG
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3052921516
MONROE C.OUNTY ATT
032459pm
03 08.2006
1/7
Suzanne A. Hutton. Interim County Attorney"'''
Robert B. Shillinger, Assistant County Attorney ..
Pedro 1. Mercado, Assistant County Attorney
SUS3n M. Grimsley, Assistant COUllty Atlorney
Natileenc W. Cassel, AS5istarlt County Attomey
Jerry D. Sanders, Assistant County Attorney
r-~'~
BOARD OF COUNTY COMMISSIONERS
Mayor O1arles qSi.mny" McCoy, District 3
MayOr Pro Tem Murray Nelson, District 5
George Neugent, Dfstrict 2
David P. Rice, DIstrict. 4
Dixie M. Spehar, District 1
OKY,~1: ~Dq~~E
OOS) 2'94-46<11
Office of the County Attorney
PO Box. 1026
Key West, FL 33041.1026
(305) 292-3470 - Phone
(305) 292-35]6 - Fax
ii Board Certified in City, County & local Gnvt. Law
TO: Board of County Commissioners
FROM: Pedro 1. Mercado
Assistant County Attorney
DATE: March 8, 2006
SUBJECT: Emergency Repairs to Marathon Airport
*************************************************
The Marathon Airport terminal sustained major damage as a result of Hurricane Wilma flooding. Large areas
of the terminal have been roped offwhere the tile flooring was destroyed and now presents a safety hazard.
Mold is prevalent throughout the terminal and at least one car rental agency employee has reported illness
due to mold. The consultant's air quality report has recommended removal of the drywall two feet above
areas with mold infestation. The County's insurance consultant has estimated the cost of repairs and mold
remediation to be approximately two miIlion dollars. As a result of these safety and health hazards, the
County Attorney's Office has recommended that no additional terminal space be leased. The current tenants
will be relocated within the terminal as conditions and repairs allow, County Code Section 2-541 requires the
County to competitively bid all contracts over $25,000. Florida Statute Section 255.20 which regulates locaJ
bids and contracts for public construction work requires that the County competitively bid any contract
seeking to construct or improve a public building. However, both the County Code and Florida Statute
contain exceptions to the competitive bid requirement. Under Section 2-541(k)(1) the County may dispense
with bidding procedures in the case of an emergency which is defined as:
a. An immediate danger to the public health or safety; or
b. A danger of loss of public or private property that requires immediate government action; or
c. An interruption in the delivery of an essential government service; or
d. A substantial risk that a funding source of a contract will be diminished or lost because the time
required to competitively award bids after the :funds become available exceeds the time within
which the funding source must be spent.
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AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND CONSTRUCTION
MANAGER. THE MORGANTI GROUP~ INC.
KEY WEST INTERNATIONAL AIRPORT-
NEW TERMIlNAL BUILING AND RENO V ATION PROJECT
TIllS AMENDMENT (hereinafter "Amendment") to the Agreement between the County and
Construction Manager, The Morganti Group, Inc., for the Key West International Airport - New
Terminal Building And Renovation Project (hereinafter "agreement") is made and entered into this
day of , 2006, by and between MONROE COUNTY, a political
subdivision of the State of Florida (hereinafter "County"), and The Morganti Group, Inc., a corporation
of the State of Florida, (hereinafter "'The Morganti Group").
WITNESSETH
WHEREAS, on the 2nd day of November, 2005, the parties entered into an Agreement for the
New Terminal Building and Renovation Project at the Key West International Airport; and
WHEREAS, on October 24, 2005 The Florida Keys Marathon Airport sustained major damage
which is an immediate danger to the public health and/or safety as a result of Hurricane Wilma; and
WHEREAS, an air quality survey has shown that the Florida Keys Marathon Airport is infested
with mold; and
WHEREAS, the Florida Keys Marathon Airport has tile flooring which has become loose and
is crumbling and is a tripping hazard; and
WHEREAS, Florida Statute 255.20, which regulates bidding on public construction projects,
contains exemptions to the requirement to competitively bid public construction projects when the
project is undertaken to replace, reconstruct, or repair an existing facility damaged or destroyed by a
sudden unexpected turn of events, such as an act of God, riot, flood, fire, accident, or other urgent
circumstances, and such damage or destruction creates an immediate danger to the public health or
safety; and
WHEREAS, Monroe County Code section 2-541(k)(1) contains an exemption to the County's
bidding requirements and allows the County to dispense with bidding procedures in the case of an
emergency such as where there is an immediate danger to the public health and safety; and
WHEREAS, The Morganti Group is available and willing to contract the necessary repair
work;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original Agreement as follows:
1. Section 1.2 is amended to read:
1.2 Extent of Asreement - This Agreement for Key West International Airport-New
Terminal Buildmg and Renovation Project (Project) and for The Florida Keys Marathon
Airport Hurricane Damage Repair including but not limited to air terminal repair, airfield
~nerator and vault repair/replacement and security fence and gates repair/replacement
{Repair Work), between the County and the Construction Manager, supersedes any prior
negotiations, representations or agreements. When drawings, specifications and other
descriptive documents defining the work to be included under a construction authorization
are substantially complete, they shall be identified in the construction authorization issued
by the Project Director. When drawings, specifications and other descrirtive documents
defining the work to be included in the guaranteed maximum price (GMP are sufficiently
complete, an Amendment to the Agreement shall be SIgned by t e County and
Construction Mana~er, acknowledging the GMP amount and the drawings, specifications
and other descriptIve documents upon which the GMP is based. To expedite the
preparation of thIs GMP Amendment by the County, the Construction Manager shall
obtain four (4) sets of signed, sealed and dated drawings, specifications, and other
documents upon which the GMP is based from the Architect-Engineer, and shall
acknowledge on the face of each document of each set that it is the set up-on which he
based his GJvlP and shall send one set of the documents to the County s Director of
Facility Development along with his GMP proposal, while keeping one set for himself
and returning one set to the Architect-Engineer, and one set to the Clerk of Courts for
Monroe County. The GMP Proposal shall mclude the following sections:
Section One:
Section Two:
Summary o/Work
GMP Price Summary - To include Construction Authorization &
Tax Savings
Scope Ckirifications and Assumptions
Detailed Estimate
Bid Tabulations and Recommendations
Preliminary Constrnction Schedule
Contract Documents - Drawing List and Specification List
Section Three:
Section Four:
Section Five:
Section Six:
Section Seven:
This Agreement shall not be superseded by any prOVISions of the documents for
construction and may be amended only by written instrument signed by both the County and the
Construction Manager.
2. Section 1.4 is amended to read:
1.4 Countis Construction Bud~ (proiect): The County's funds budgeted and r~uested for
construction of the PrQject e County's ConstructIon Budget IS Twenty-five million
($25,0001000.00) identified in Exhibit B, mcluding all Construction Manager fees, costs of
the worK and the County's and Construction Manager's construction and interface
contingencies as defined in Articles 8 and 9. This acknowledgement of the County's
budgeted funds is not to be construed as the Construction Managers Guaranteed Maximum
Price. A Guaranteed Maximum Price will be offered by separate documentation as outlined in
Article 7.
3. The following paragraph is appended to the Agreement between the County and Construction
Manager and incorporated into the original agreement as paragraph 1.5
1.5 Coun 's Construction Bud et e air Work : The County's funds budgeted and
requested or the hurricane damage repaIr work. e County's Hurricane Damage Repair
Budget is approximately Four million ($4,000,000.00), subject to final settlement with the
County>s insurance carrier, including all Construction Manager fees, costs of the work and
the County's and Construction Managers construction and interrace contingencies as defined
in Articles 8 and 9. This acknowledgement of the County's budgeted funds is not to be
construed as the Construction Manager1s Guaranteed Maximum Price. A Guaranteed
Maximum Price will be offered by separate documentation as outlined in Article 7.
4 This subsection shall survive the cancellation or termination of this agreement, and shall be in
full force and effect.
5. All other provisions of the November 2, 2005 original Agreement, not inconsistent herewith,
shall remain in full force and effect.
2
IN WITNESS WHEREOF, each party has caused this Amendment to Agreement to be
executed by its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
ATTEST:
THE MORGANTI GROUP, INC.
By
Title
By
Title
3