Return to Agenda Next Agenda Item BOARD GCOUNM COMM~SSIONERS DATE: August 5,2008 AGENDA ITEM NO. Consent Agenda fl Regular Agenda Public Hearing C] County Administrator's Signatu Subiect: The St Petersburg-Clearwater International Airport Requests Approval of Amendment No. 1 to the Contract for Terminal Renovations with Ajax Building Construction to Allow for Payment of Unspecified Work. Department: St. Petersburg-Clearwater International Airport Staff Member Responsible: Noah Lagos, A-AE., Airport Director Recommended Action: I RECOMMEND THE BOARD OF COUNTY COMMISSIONERS (BCC) APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH MAX BUILDING CORPORATION (AJAX) AND AUTHORIZE THE CHAIRMAN TO EXECUTE AND THE CLERK TO ATEST TO THE SUBJECT AGREEMENT. THIS AMENDMENT HAS BEEN APPROVED AND EXECUTED BY AJAX BUILDING CORPORATION. Summary ExplanationlBackcrround: On December 18,2007, the BCC approved the contract for Airport Terminal Improvements-Phase 1 to Ajax in the amount of $7,324,700. The contract did contain a provision to approve and authorize, on a limited basis, additional project work either on a unit cost, fixed fee, or not to exceed amount, a s long there was a corresponding decrease in project work resulting in no increase to the total contract amount. The current contract with Ajax does not contain a provision which would allow the department to authorize additional or "unspecified work" that would result in an increase to the approvd p r o j w s total cost. This type of unspecified work provision has been previously included in the Department of Public Works approved construction project contracts in order to insure that there is an uninterrupted flow of project work a s unforeseen conditions arise. Amendment No.1 provides authorization for the County Administrator to approve fully documented unspecified work not approved by the BCC a s a Change Order, in an amount not to exceed 5%or $250,000, whichever is less, of the total cost of the contract. This is consistent with the existing delegation Authority. Fiscal lm~actf~ostl~e~enue Summary: Should any unspecified work be authorized, the Airport has sufficient Reserves to cover the cost In addition, Federal Aviation Administration and the Florida Department of Transportation grant funding will be requested. Revis8d 07-18-03 Page 1 of 2 d ExhibblAttachments Attached: Contract Review Transmittal Slip Amendment No. 1 Revised 07-18-03 Page 2 of 2 ," CATS # . 265 1% CONTRACT REVIEW TRANSMITTAL SLIP PROJECT: A ~ ~ r o vofa Amendment l No. 1 to the Contract for Terminal Renovations with Aiax Building Construction to allow Davment for uns~ecifiedwork. CONTRACT NO.: ESTIMATED EXPENDITURE IREVENUE: $250.000 {Circle or underline appropriatechoice above.) In accordance with Contract Administration and its Review Process, the attached documents are submitted for your review and comment. Please complete this Non-Purchasing Contract Review Transmittal Slip below with your-assessment, and forward to the next Review Authoritv on the list, skipping anv authority marked "WA." Indicate suggested changes by noting those in "Comments" column, or by revising, in RED, the appropriate section@)of the document(s) to reflect the exact wording of the desired change(@. OTHER SPECIFICS RELATING TO THE CONTRACT: REVIEW SEQUENCE DATE 1 1109 Ob originator Noah Lagos INITIALS/ SIGNATURE COMMENTS REVIEWED & ADDRESSED OR INCORPORATED ORIGINATOR'S 'INITIALS & DATE COMMENTS (IF ANY) b L - Risk Management OMB nfa (see Contract Review Process) Please return to Noah Laaos All inquiries should be made to ~hankiou. by ASAP (8105 BCC Aaenda) Noah Laaos or John Holt ext. 37800 Amendment No. 1 Contract f&~irportTerminal Improvements Ph& 1- Ajax Building Corporation This Amendment No. 1 tb the Contract is made and entered into this day of , 2008 by and b e m e n Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the County, represented by its Board of County Commissioners, and Ajax Constrkktion, a Florida corporation, hereinafter referred to as the Contractor. WITNESSETH: Iune m R E A S , the County efftered into a contract with Ajax Building Corporation dated for Terminal Impr&%mentsPhaseI: and 9 WHEREAS, during constfilrction of the project terminal improvements, unspecified works associated with or resultilrig from the work on this contract require extra work or alterations; and WHEREAS, Amendment &a. 1 to this contract as set forth below will allow the Airport Director, or his designee, to approW fb11y documented, unspecified work which applies only to additional items over and above thdse specified in the original project plans; and WHEREAS, Amendment NNd. 1 will assist Contractor to proceed as scheduled and ensure the uninterrupted flow of project w'dkk. NOW, THEREFORE, the 'County and the Contractor, in consideration of the mutual covenants hereinafter set forth, @ee to amend the contract as follows ta add the following provision: 1. U n s ~ e e Work d Ahowance. The work under this Section includes an allowance for any additional work that may b6 associated with or resulting from the work in this contract or as otherwise identified by the Airpofi Engineer. Any amount of extra work and/or alternations to this contract charged to the alloWmce "Unspecified Work" shall be fully documented and approved in writing, in advance, 'by the County Administrator or his designee. All work performed under the allowance of "bnspecified Work" shall be completed in accordance with all conditions and requirements of this contract and shall include the work to be done by all necessary subcontractors and/or supj$iers. For purposes of this 'dmendrnent, "Unspecified Work" shall mean the stated fixed sum of money to be used only at the Airport Engineer's specified direction. The particular requirements and items for the all~*ances will be provided to the Contractor at the appropriate time and allowance amounts sh& apply only to additional items over and above those specified/indicated in the contract document. Page 1 of 2 2. Basis of Payment. ?'he value of "Unspecified Work" shall be determined by negotiation. The Axport Engine& shall negotiate the amount of payment for "Unspecified Work" and payment for "Unspecifikd Work" shall require written pre-approval by the Airport Director or his designee. The basis of the negotiated prices shall be included in the resulting pay applications. The total amount of any n6Vv or additional unspecified work that is not approved by the Board of County Commissioners ds a Change Order to the Contract which is associated or resulting from work under this coiikfact that is approved to be paid as unspecified work per this provision shall hot exceed five pe-nt (5%) of the total project contract price or $250,000.00, whichever is less. - 3. Except as provided herein, all other terms, provisions and covenants of the Agreement shall remain in fullfor& and effect. IN WITNESS WHEREOFi b e parties herein have executed this Agreement on the day and year first above written. PINELLAS COUNTY, FLORlDA Acting by and through the ~ o a ofd county CO-dssioners By: MAX BUILDING CORPORATION --. Chairman [Corporate Seal] ATTEST: ATTEST: Ken Burke, Clerk of the Circuit Cowt By: .- Deputy Clerk APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY By: 64 -.- Senior ~ ~ s % t aComty nt Attdihey Page 2 of 2