Item U03 Co �� � .�� , BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
The Florida Keys Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
u f Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Summary #10920
1111AY OF MEE"III'll[NG A.D.111 CAN ]ICIII'EM IJ3
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527
N/A
AGENDA ITEM WORDING: Approval of the First Amendment to the Construction Manager at
Risk (CMAR) agreement with Ajax Building Company in the amount of $31,856,275 for the
construction of a new Emergency Operations Center in Marathon to be funded primarily by a series
of grant agreements, minimizing the use of County capital funds.
ITEM BACKGROUND: This is a proposed First Amendment to the CMAR agreement with Ajax
Building Company, to adjust the Guaranteed Maximum price (GMP) for the construction of a new
Emergency Operations Center (EOC) in Marathon. This agreement adjusts the GMP from
$27,865,199 to $31,856,275. The increased cost from the original GMP is based on escalation of the
costs of materials and labor. The new scheduled date for substantial completion is February 2, 2024.
The project is funded by three grants from FDOT, FDEM (direct appropriation), and FDEM
(HMGP). Staff anticipates additional funding from FDEM to cover the escalation in costs and scope
added during the FDEM / FEMA reviews of approximately $5 — 6 million. Any shortfall in grant
funding will have to be provide by County match funding, if necessary.
PREVIOUS RELEVANT BOCC ACTION:
1/21/22 Rescind/replace Modification 42 to the HMGP grant agreement which
was revised to reinstate and extend the agreement. The original
Modification 42 only extended the date.
12/8/21 Approval of third amendment to the pre-construction services contract
with Ajax Building Company, LLC to add the costs of an extended
pre-construction period.
12/8/21 Approval of Modification 42 to the HMGP grant agreement extending
the completion date of the grant to May 31, 2022 and increasing the
grant amount by $44,581.12, for HMGP agreement 4 4337-66-R with
the Florida Department of Emergency Management(FDEM)
11/3/21 Approval of CMAR agreement with Ajax Building Company, LLC for
the construction of the Emergency Operations Center.
5/19/21 Approval of a grant agreement amendment (Modification 41 to the
direct appropriation grant agreenment) with the Florida Division of
Emergency Management to receive state funded appropriations for
Local Emergency Management and Mitigation Initiatives assistance
number 31.064 (Agreement Number 19-SP-10-11-54-01-237) in the
amount of $5,900,000.00, and approval of a resolution authorizing the
County Administrator to sign all amendments, modifications, and other
necessary documents including reimbursement requests for this grant.
The original period of time was July 1, 2018 - June 30, 2021. This
amendment extends the end date to June 30, 2023.
12/9/20 Approval of Modification 4 1, extending the completion date of the
grant, of a Hazard Mitigation Grant Program (HMGP) agreement 4
4337-66-R with FDEM which provides design funding, in the amount
of $916,071.21 for the Emergency Operations Center (EOC) at the
Marathon airport.
10/21/20 Approval of Second Amendment to the Agreement for Pre-
Construction Services with Ajax Building Company, LLC in the
amount of $265,591.00 for the Emergency Operations Center to add
the scope and cost of the DAV building demolition.
10/21/20 Approval of a First Amendment to the Agreement with Architects
Design Group / ADG, Inc. (ADG), in the amount of$2,818,325.00, for
design through construction administration of an Emergency
Operations Center (EOC) in Marathon.
5/20/20 Approval of a no cost Amendment to the Agreement for Pre-
Construction Services with Ajax Building Company, LLC for the
Emergency Operations Center to remove certain contract provisions
that were not required at the pre-construction stage.
4/15/20 BOCC approved an Agreement with Ajax Building Company, LLC to
provide Construction Manager At Risk (CMAR) services for the
Emergency Operations Center (EOC) at the Marathon Airport in the
amount of $110,000.00 through a FDOT grant. This Agreement is for
Pre-Construction Phase services.
4/15/20 Approval of Amendment No. 1 to State of Florida Department of
Transportation Public Transportation Grant Agreement G1009
providing $4,000,000.00 in additional funding for the Non-
Aeronautical Use Building Project (Emergency Operations Center-
EOC) at the Florida Keys Marathon International Airport.
12/9/19 BOCC approved an HMGP agreement with FDEM for Phase I of a
FEMA grant in the amount of $916,071.21 to be used for pre-
construction activities for the EOC.
11/20/19 BOCC approved the recommended site location for the EOC building
at the southwest corner of the Marathon Airport.
9/18/19 Approval of a contract with Architects Design Group, Inc. (ADG) for
design and construction administration services for an Emergency
Operations Center (EOC) in Marathon; correcting contract sum
scrivener's error in Section 7.1.1 of the contract.
8/21/19 BOCC approved a revised contract with ADG which changed the name
of the EOC building to "FL Keys Marathon Airport Non-Aeronautical
Use Building" due to requirements of Monroe County's acceptance of
an FDOT grant agreement.
5/22/19 BOCC Approved award of a contract to ADG to provide design and
construction administration services for the Monroe County EOC.
3/21/19 BOCC approved staff request to negotiate with ADG a professional
services contract to provide design and construction administration
services for the Monroe County EOC.
12/19/18 BOCC approved an agreement with the Florida Department of
Transportation (Public Transportation Grant G1009) to accept a grant
in the amount of $400,000 (to be matched with $400,000 in County
funds) for the planning, permitting, design and construction of a non-
aeronautical building (EOC) to be constructed on the SW corner of the
Marathon airport property.
9/19/18 BOCC approved an agreement with the Florida State Department of
Emergency Management to accept a grant in the amount of$5,900,000
for the design and construction of a Monroe County Emergency
Operations and Public Safety Center.
6/20/18 Approval to advertise a Request for Qualifications for professional
architectural services for a re-design through construction
administration of a new Emergency Operations Center in Marathon, in
compliance with the Code of Federal Regulations (2 CFR) for potential
Hazard Mitigation Grant Program (HMGP) funding
11/14/17 BOCC ratified a Second Amendment to the contract with ADG to
develop an updated construction estimate with modifications to the
design for a new site and slightly revised scope.
10/1/09 BOCC approved a First Amendment to the contract with ADG to
include information technology needs to the design.
2/18/09 BOCC approved a contract with Architects Design Group (ADG) for
the design through construction administration of a new EOC in
Marathon.
CONTRACT/AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ajax Construction Phase Agreement EXECUTED
22.08.05 Marathon Arprt NAUB EOC GMP Proposal
First Amendment to Ajax Construction Phase Agreement 8-9-2022 clean
FINANCIAL IMPACT:
Effective Date: August 17, 2022
Expiration Date: N/A
Total Dollar Value of Contract: $31,856,275
Total Cost to County: $0.00
Current Year Portion:
Budgeted: NA
Source of Funds: Florida Division of Emergency Management, FEMA & FDOT
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: $30,282385 in total grant funds
County Match: Up to $1,926,224
Insurance Required: NA
Additional Details:
See below
REVIEWED BY:
Cary Knight Skipped 08/11/2022 2:01 PM
Kevin Wilson Completed 08/12/2022 9:48 AM
Cary Knight Skipped 08/12/2022 9:46 AM
Cynthia Hall Completed 08/12/2022 9:57 AM
Purchasing Skipped 08/12/2022 9:47 AM
Budget and Finance Completed 08/12/2022 10:00 AM
Brian Bradley Skipped 08/12/2022 9:47 AM
Lindsey Ballard Completed 08/12/2022 10:04 AM
Board of County Commissioners Pending 08/17/2022 9:00 AM
FIRST AMENDMENT TO AGREEMENT BETWEEN
MONROE COUNTY AND
AJAX BUILDING COMPANY,LLC
FOR THE FL KEYS MARATHON AIRPORT NON-AERONAUTICAL USE BUILDING
This First Amendment("Amendment") dated , 2022 to the Agreement dated November
3,2021 ("Agreement")is made and entered by and between Monroe County, a political subdivision
of the State of Florida,whose address is 1100 Simonton Street,Key West,FL 33040,its successors
and assigns, hereinafter referred to as "County", and Ajax Building Company, LLC, 109
Commerce Boulevard, Oldsmar, FL 34677, its successors and assigns, hereinafter referred to as
"Contractor." The County and Contractor are collectively referred to as "Parties."
WHEREAS, on October 14, 2021, the Contractor delivered a proposal ("Proposal") for a
Guaranteed Maximum Price ("GMP") for construction of the FL Keys Marathon Airport Non-
Aeronautical Use Building ("Project"), located in Monroe County, Florida, based on designs
generated by the architect/designer ADG, Inc.; and
WHEREAS, on November 3, 2021, the Parties entered into an Agreement by which the County
approved the GMP and further approved the selection of the Contractor to perform all work
("Work")in connection with the management of the construction phase of the FL Keys Marathon
Airport Non-Aeronautical Use Building ("Project"), located in Monroe County, Florida; and
WHEREAS, construction costs have escalated since execution of the Agreement and the Parties
have agreed that a revision of construction schedules and compensation is necessary.
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties
hereby agree as follows:
1. Within the Agreement, the first sentence of Paragraph 1.1 within Article 1, The Contract
Documents, shall be revised and replaced to read as follows:
1.1 Contract Documents consist of this Agreement including any Exhibits or
Attachments to this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), the Request for Proposals (RFP) issued to
secure the services of the Construction Manager, Addenda to the RFP issued prior
to execution of this Agreement, together with the Construction Manager's
response to RFP, the Guaranteed Maximum Price (GMP) Proposal dated August
5, 2022 ("GMP Proposal"), all required insurance documentation, and any
addenda, amendments, change orders, construction change directives, and field
orders issued after execution of this Agreement.
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2. Within the Agreement, the fourth sentence of Paragraph 4.1, Contract Sum, shall be
revised and replaced to read as follows:
4.1 The Owner will also pay Construction Manager a Construction Management
Overhead and Fee for the entire Cost of the Work in the fixed amount of One
Million Five Hundred Twenty Eight Thousand Nine Hundred Eighty One Dollars
and no cents ($1,528,981.00) as part of the GMP of Thirty One Million Eight
Hundred Fifty Six Thousand Two Hundred Seventy Five Dollars and no cents
($31,856,275), as outlined in the GMP Proposal.
3. All other terms and conditions of the Agreement remain unchanged and in full force and
effect.
[The remainder of this page intentionally left blank.]
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IN WITNESS WHEREOF, each party caused this Amendment to be executed by its duly
authorized representative. Execution by the Contractor must be by a person with authority to bind
the entity.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor
Date
CONTRACTOR'S Witnesses Attest: CONTRACTOR: Ajax Building Company,
LLC
Contractor must provide two witnesses
signatures Signature:
Signature: Print Name: William P. Byrne
Print Name: Title: President
Date: Date:
and
Signature:
Print Name:
Date:
Approved as to form and content:
Monroe County Attorney's Office
8-9-2022
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