1st Amendment 03/15/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 31,2006
TO:
Bevette Moore
Airport Business Administrator
Pamela G. Hanc~
Deputy Clerk
FROM:
At the March 15, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Contract Amendment between Monroe County and
Construction Manager, The Morganti Group, Inc. being entered into as a modification to the
County's purchasing policies under the emergency provisions of the County Code for the
hurricane damage repair of the Florida Keys Marathon Airport.
Enclosed is a copy of the above-mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
Mar"08 06 03: 33p
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AMENDMENT TO AGREEMENT BETWE~~;)NROE COUNTY AND CONSTRUCfION
MANAGER. THE Ml9RG}I.NTI GROUP. INI~
KEY WEST INTERNATIONAL AlRPORT-
NEW TERMIINAL BUILlNG AND RENOVATION PROJECT
THIS AMENDMENT (hereinafter" Amendmellt") to the Agreeml:mt between the County and
Construction Manager, The Morganti Group, Inc.) for the Key West International Airport - New
Term~ Building And Renovation Project (hereinafb~r "agreement") is made and entered into this
/S day of ft1qN::A , 2006, by and between MONROE COUNTY, a political
subdivision of the State of Florida (hereinafter "County"), and The Morganti Group, Inc., a corporation
ofthe State of Florida, (hereinafter "The Morgan1i Group").
WITNE SSETH
WHEREAS, on the 2nd day of Novembt:r, 2005, the parties entered into an Agreement for the
New Terminal Building and Renovation Project arthe 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/<:r safety as a result of Hurricane Wilma; and
WHEREAS, an air quality survey has shown th~lt the Florida Keys Marathon Airport is infested
with mold; and
WHEREAS, the Florida Keys Marathon AirpoIt has tile flooring which has become loose and
is crumbling and is a tripping hazard; and
WHEREAS, Florida Statute 255.20, whic.h regUllates 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 Jrl:pair all existing facility damaged or destroyed by a
sudden unexpected turn of events, such as an act of Gotl, riot, flood, fife, a.ccident, or other urgent
circumstances, and such damage or destruction t:;Jreates .m immediate danger to the public health or
safety; and
WHEREAS, Monroe County Code section 2~5Lll (k)(l) contains an exemption to the County's
bidding requirements and allows the County to dispens~~ with bidding pro{:edures 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 uvailable and willing to <:ontract the necessary repair
work;
NOW, THEREFORE, in consideration of the mutual promises and covenants Set forth below,
the parties agree to amend the original Agreemmt as f(: llows:
1. Section 1.2 is amended to read:
1.2 Extent of ~eement - This Agreen:,ent for Key West International Airport-New
Terminal Buildmg and RenovatiOlil Projeet (project) and for The Florida Keys Marathon
Airport Hurricane Damage Repair including but not limited to air tenninal repair, airfield
~nerator and vault repa4-/repla.cEilUent 21.nd security fence and gates repair/replacement
(Repair Work), between the County and i;he Construction Manager, supersedes any prior
negotiations, representations or agreements. When drawings, specifications and other
descriptive documents defining the work to be included undC:lf a construction authorization
are substantially complete, they sball be identified in the construction authorization issued
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by the Project Director. When drawings, specifications and other desc~' tive documents
defining tile work to be included in the gullranteed maximum price (GMP are sufficiently
complete, an Amendment to the Agrel~ment shall be Signed by e County and
Construction Manaser, acknowled!~ng th~: GMP amount and tne 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 signe~.. ~ealed and dated drawings, specifications, and other
documents upon which the UMJp is hased from the Archite<.1~Engineer, and shall
acknowledge on the face of each docum(;mt of each set that it is the set up-on which he
based his GMP and shall send one set of the documents to the County s Director of
Facility Development along with hls GMP proposal while keeping one set for himself
and returning one set to die Architect-EIIlgineer, and one set to the Clerk of Courts for
Monroe County. The GMP Proposal shallmclude the following sections:
Section One:
Section Two:
Sum!!U!!)' of Work
GMP Price SummQ!:'Y - To include Construction Authorization &
Tax Savings
Scope C/arijfcation.~i' and Assumptions
Detailed Estimate
Bid Tabulations aTll./ Recommendations
Preliminary Construction Schedule
Contract Document;! - 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 wli.tten instrument signed by both the County and the
Construction Manager.
2. Section 1.4 is amended to read:
1.4 County's Construction Bud~t (Pr(rlect): The County's fundli budgeted and r~uested for
construction of t~e P~oject: he. ~ounty's C<?nstructJ.on Budget IS Twenty-five million
($25,0001000.00) tdenttfied 10 Exhlbrt B, lOcludmg all Constru4~lOn Manager fees, costs of
the worK and the County's and Constnlction Manager's construction and interface
contingencies as defined in Articles Sand 9. This acknowledgement of the County's
budgeted funds is not to be construed as the Construction Manager's Guaranteed Maximum
Price. A Guaranteed Maximum Price will be dfered 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 cl.s paragraph 1.5
1.5 Coun~s Con~truction Budget (Re~air. Work~ The County's funds budgeted and
requested or the unicane damage repair v,;ork. e County's Hurricane Oamage Repair
Budget is approximately Four million (~OOO,OOO.OO)~ ~ubject to final settlement with the
County's insurance carrier, including aO \"onstruction Manager fees, costs of the work and
the County's and Construction Ma~c~s comtruction and inten.ace contingencies as defined
in Articles 8 and 9. This acknowledgememt of the County's budgeted funds is not to be
construed as the Construction Managerls Guaranteed Maxi mum Price. A Guaranteed
Maximum Price will be offered by separate documentation as outlined in Article 7.
4 This subsection shall survive the cancellation (;r 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.
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, WHEREOF, each party has .;aused this Amendment to Agreement to be
~< orized representative.
g>>
J! KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
:: MONROE COf7b FLORIDA
'i;lYOr/Chairman
ATTEST:
THE MORGANTI GROUP, INC.
By G~yk'=y ~
Title Vle.- 'p,If<f.r")G~
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