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2nd Amendment 07/18/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 25, 2012 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contract Administrator FROM: Pamela G. Hance * D. C. At the July ib , 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item B21 Amendment #2 to the Agreement with Mailloux and Sons for the Lower Keys ADA Compliance Segment #2 project, to permit use of the Stock Island Fire Station Site for the Contractor' office until construction of the fire station starts. Item B22 Second Amendment to contract with Bender & Associates Architects, P.A. for Stage 3 of the East Martello Tower Masonry Restoration. This project is fully funded by the Tourist Development Council. Item B23 Second Amendment to contract with Bender & Associates Architects, P.A. for Stage 3 of the West Martello Tower Masonry Restoration. This project is fully funded by the Tourist Development Council. ✓Item B26 First Amendment to Contract with MBI/K2M Architecture, Inc. for the Design Concept and Cost Estimating for a General Aviation Facility Customs Terminal in the Existing Marathon Airport. Enclosed is a duplicate original of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. Please note: your item numbers B24 & B25 have been sent to Nat Cassel, Assistant County Attorney so that she can stamp and sign each one. Once she returns them to our office, they will be executed and a duplicate original of each will be sent to you. cc: County Attorney Finance File ✓ SECOND AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR THE ADA COMPLIANCE SEGMENT #2 LOWER KEYS MM 47 — MMO THIS SECOND AMENDMENT to the AGREEMENT BETWEEN OWNER AND CONTRACTOR (hereinafter "AGREEMENT ") is made and entered this 18 day of July, 2012, between MONROE COUNTY (the "Owner" or "County ") and MAILLOUX AND SONS, INC. (the "Contractor ") in order to amend the Agreement between the parties dated May 16, 2012 and as Amended on June 20, 2012 as follows: WHEREAS, on the 16` day of May 2012, the BOCC approved an AGREEMENT between Monroe County and Mailloux and Sons for the Lower Keys ADA Compliance Segment #2 in the amount of $433,590.00; and WHEREAS, on the 20 day of June 2012, the BOCC approved a First Amendment to the Agreement correcting a scrivener's error in the project name calling the project ADA COMPLIANCE SEGMENT #1 and correcting the name to ADA COMPLIANCE SEGMENT #2; and WHEREAS, on the 20` day of June 2012, the BOCC also approved to remove the Contractor's proposal and proposal documents for ADA COMPLIANCE SEGMENT #1 and properly replace them with the Contractor's proposal and proposal documents for ADA COMPLIANCE SEGMENT #2; and WHEREAS, the Contractor will need a site prior to commencement, within the scope area, with available room to accommodate temporary facilities and materials storage for ADA Compliance work at the 29 Lower Keys Facilities; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree to amend the AGREEMENT as follows: 1. The Contractor hereby agrees to abide by FL200 - Highway Wage Decision for Monroe County, as attached hereto and made a part hereof as Exhibit "A ". 2. The Contractor may utilize lots 12, 13, 14, and 15 of Block 31 in the Maloney Subdivision in Stock Island for the purpose of housing temporary facilities and materials storage for usage in the ADA Segment #2 project. 3. The Contractor shall vacate and remove temporary facilities, as described above, on or before December 31, 2012. If the date of Final Completion of the ADA Segment #2 project is after December 31, 2012, the Contractor will relocate the temporary facilities and stored materials to a site within the scope of work, or to an alternate location not owned by the County. In all cases, Contractor shall comply with all requirements as listed in the Contract Documents Section 001500 - Temporary Facilities, Section 001510 — Temporary Utilities, and Section 001590 Field Offices and Sheds, attached hereto and made a part hereof as Exhibit "B ". 4. All materials stored at any temporary site must be approved by the County in writing, and Contractor shall include applicable insurance for the storage and transportation to a County owned site for such materials, as required in the original contract and amendments. ADA Compliance Segment #2 Amendment #2 Page 1 t 5 _ The remaining terms of the CONTRACT, not inconsistent herewith, shall remain in full --°' ice a,d effect. ti IN'WITE,S WHEREOF, the parties hereto have executed this Amendment on the date stated above. i '' Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY / / COMMISSIONERS OF MONROE By COUNTY, FL IDA Deputy Clerk By: Date: I8, 2-42 41" Mayor /Cha an (SEAL) ' ./ CONTRACTOR i Witness I.". -� MAILLOUX AND SONS, INC. W l • . By: Witness MONROE COUNTY ATTORNEY Af : PPROVED AS TO �ORM: NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date - -7- ?- - f . rte, - 71 - tV ^--, ul 1J = m n co o D ADA Compliance Segment #2 Amendment #2 Page 2 EXHIBIT " A" FL200 - Highway Wage Decision for Monroe County.txt General Decision Number: FL120200 01/06/2012 FL200 Superseded General Decision Number: FL20100299 State: Florida Construction Type: Highway Counties: Glades, Hardee, Hendry and Monroe Counties in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 01/06/2012 SUFL2009 -196 08/05/2009 Rates Fringes CARPENTER, Including Formwork $ 11.97 0.00 CEMENT MASON /CONCRETE FINISHER $ 10.05 0.00 LABORER: Asphalt Raker $ 9.75 2.19 LABORER: Common or General $ 9.94 0.00 LABORER: Flagger S 9.43 0.00 1 LABORER: Pipelayer $ 8.33 0.00 OPERATOR: Backhoe /Excavator $ 10.42 0.00 OPERATOR: Bulldozer $ 11.69 0.00 OPERATOR: Distributor $ 10.38 0.00 OPERATOR: Grader /Blade $ 13.78 0.00 OPERATOR: Loader $ 10.33 0.00 OPERATOR: Milling Machine $ 10.08 0.00 OPERATOR: oiler S 9.58 0.00 OPERATOR: Paver $ 11.59 2.10 OPERATOR: Roller $ 10.23 0.00 OPERATOR: Screed $ 11.70 0.00 OPERATOR: Tractor $ 8.15 0.00 TRUCK DRIVER: 4 Axle Truck $ 11.18 1.60 TRUCK DRIVER: Lowboy Truck $ 11.86 0.00 TRUCK DRIVER: Dump Truck $ 17.00 0.00 WELDERS - Receive rate prescribed for craft performing Page 1 FL200 - Highway Wage Decision for Monroe County.txt operation to which welding is incidental. -------- ==== _=== == Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. union Identifiers An identifier enclosed in dotted lines beginning with characters other than "su" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage J determination. The date 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. Non -Union Identifiers classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 - 007 5/13/2010. Su indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can Page 2 FL200 - Highway wage Decision for Monroe County.txt be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling on survey related matters, initial contact including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations wage and Hour Division u.s. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Administrator (see 29 CFR Part 1.8 and 29 CFR Part 7). write to: wage and Hour Administrator u.s. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board). write to: Administrative Review Board u.S. Department of Labor 200 Constitution Avenue, N.w. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. msa amaaavaaeasssaa - - �aasaaasoaaa� eea� o END OF GENERAL DECISION Page 3 • ADA COMPLIANCE SEGMENT # 2 EXHIBIT "B" SECTION 01500 TEMPORARY FACILITIES PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide temporary facilities needed for the Work including, but not necessarily limited to: 1. Temporary utilities such as water, electricity, and telephone. 2. Field office for the Contractor's personnel. 3. Sanitary facilities. 4. Enclosures such as tarpaulins, barricades, and canopies. 5. Temporary fencing of the construction site as required for public safety. 6. Project sign. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Permanent installation and hookup of the various utility lines described in other Sections. 1.2 PRODUCT HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. PART 2 — PRODUCTS 2.1 FIELD OFFICES AND SHEDS A. Contractor's facilities: 1. Provide mobile home on site for a field office adequate in size and accommodation for Contractor's offices, supply, and storage. 2. Within the Contractor's facilities, provide space adequate for holding project meetings. B. Sanitary facilities: 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in a sanitary condition at all times. TEMPORARY FACILITIES 01500 -1 ADA COMPLIANCE SEGMENT # 2 2.2 ENCLOSURES A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms, bridges, and other temporary construction necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Upon completion of the Work, remove job signs. C. Except as otherwise specifically approved by the Owner, do not permit other signs or advertising on the job site. 2.3 TEMPORARY FENCING A. Provide and maintain for the duration of construction a temporary fence of design and type needed to prevent entry onto the Work by the public. 2.4 PROJECT SIGNS A. Prior to start of construction, mount a project sign on a 4' x 8' sheet of plywood. Securely fasten the sign to the building or posts set in the ground as approved by Project Management. A design provided by, or approved by Project Management will include, but not necessarily be limited to: the project name; the Owner's name; major tenant's names; the Contractor's name, address, and telephone number. PART 3 — EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities, to include existing mobile home, and controls as rapidly as progress of the Work will permit, or as directed by the Owner. END OF SECTION 01500 TEMPORARY FACILITIES 01500 -2 • ADA COMPLIANCE SEGMENT # 2 SECTION 01510 TEMPORARY UTILITIES PART 1 - GENERAL 1.1 SUMMARY A. Section includes: 1. Temporary utilities required for construction. PART 2 - PRODUCTS 2.1 MATERIALS - GENERAL A. Materials shall be new, adequate in capacity for the required usage, not create unsafe conditions, not violate requirements of applicable codes and standards, and comply with NEC Art. 305 - Temporary Wiring. 2.2 TEMPORARY ELECTRICITY A. The Contractor shall furnish, install and maintain, temporary electric power service for construction needs throughout the construction period and shall remove such service on completion of the work. 1. Power centers for miscellaneous tools and equipment used in the Work will be provided by the Contractor as follows: a. Distribution boxes with minimum of four (4) double - duplex 15 Amp, 120 -Volt grounded outlets, with GFCI Protection for personnel. b. Located so that power is available at any point of use with not more than 100 ft. power cords. c. Circuit - breaker protection for each outlet. 2. The Contractor shall fumish, install, and maintain all equipment and wiring required to distribute the power, up to and including the power services. 3. The Contractor shall pay all costs of installation, maintenance, and removal of temporary services. 4. Materials shall be new, and must be adequate in capacity for required usage, and must not violate the requirements of applicable codes and standards. Materials used for temporary service shall not be reused in the permanent system. 5. The Contractor shall comply with all applicable requirements specified in National Electric Code Art. 305 when installing the temporary electric power service, shall maintain the system to provide continuous service and shall modify and extend the service as the progress of the Work requires. TEMPORARY UTILITIES 01510 -1 4 • ADA COMPLIANCE SEGMENT # 2 6. The Contractor shall completely remove all temporary materials and equipment at Project Completion. Underground lines may be disconnected and abandoned in place with approval of Project Management. 7. Feeders and Branch Circuits shall be protected from physical damage. 2.3 TEMPORARY TELEPHONE SERVICE A. The Contractor shall be responsible for arranging with the local telephone service company to provide telephone service at the construction site. The Contractor shall pay all costs for installation, maintenance, removal and service charges for such service. 2.4 TEMPORARY LIGHTING A. The Contractor shall furnish, install and maintain temporary lighting for construction needs throughout the construction period and shall remove such temporary lighting on completion of the Work. 1. Temporary artificial lighting shall be provided in enclosed Work areas and all other work areas when natural lighting does not meet minimum requirements. Temporary artificial lighting in Work areas shall produce uniform illumination of 20 -foot candles. 2.5 TEMPORARY WATER A. The Contractor will arrange and pay utility service company, to provide water for construction purposes. In addition, the Contractor is responsible for providing potable drinking water for his personnel and subcontractors, as well as suitable containers, ice and salt tablets in sufficient quantity to meet the needs of his labor force. All charges, costs, fees and deposits required by the Utility Company for the permanent or temporary water meter, tap and piping material and installation shall be the responsibility of the Contractor and included in the base bid price. 2.6 TEMPORARY HEATING, COOLING AND VENTILATING A. The Contractor shall be responsible for providing, and operating and maintaining temporary heating, cooling and ventilating, as required, to maintain adequate environmental conditions to facilitate the progress of his Work; to meet minimum condition for the installation of materials; and to protect materials and finishes from damage due to temperature or humidity. The Contractor, subject to the approval and direction of Project Management, shall: 1. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors, or gases. 2. If portable heaters are required, utilize only UL approved units complete with controls. 3. Insure that all safety devices specified for operation of equipment are functioning properly. TEMPORARY UTILITIES 01510 -2 ADA COMPLIANCE SEGMENT # 2 4. Pay all costs of providing, operating, maintaining, and removing such temporary heating, cooling, and ventilating equipment as may be required. The foregoing obligations of the Contractor are in addition to his obligations under Article 10 of the General Conditions. 2.7 TEMPORARY SANITARY FACILITIES A. The Contractor will provide sanitary facilities in compliance with laws and regulations. B. The Contractor will service, clean and maintain facilities and enclosures. 2.8 TEMPORARY FIRE PROTECTION The Contractor shall furnish, install and maintain temporary fire protection equipment, materials, supplies and service within the buildings throughout the construction period in accordance with the requirements of all applicable codes and standards. Each floor shall have a temporary fire protection system. 2.9 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition. 1. Prior to final painting, the Contractor shall remove temporary lamps and install new lamps. 2. Prior to final inspection, the Contractor shall replace filters and wom or consumed parts of mechanical equipment. END OF SECTION 01510 TEMPORARY UTILITIES 01510 -3 ADA COMPLIANCE SEGMENT # 2 SECTION 01590 FIELD OFFICES AND SHEDS A. The Contractor furnish, install, and maintain a temporary field office for his use, the use of his employees, and the use of Project Management during the construction period. The location of the Field Office shall be determined by Project Management. B. The Contractor shall furnish, install, and maintain temporary storage and work sheds to adequately protect his work, materials, equipment, supplies, tools, machinery, and construction equipment from damage and theft C. The Contractor shall arrange his field office and sheds so as not to interfere with the construction. The locations of field offices and sheds shall be coordinated with Project Management. The type, size and location of field offices and sheds are subject to approval by Project Management. D. The Contractor shall arrange and pay for temporary electricity and telephone service for his field office and sheds, if he should require such services. E. The Contractor shall relocate his field office and sheds as directed by Project Management, at no additional cost to the Owner or Project Management. F. The Contractor shall remove his field office and sheds on completion of the Work or when directed by Project Management. The Contractor shall remove all debris and rubbish and shall place the area in a clean and orderly condition. END OF SECTION 01590 FIELD OFFICES AND SHEDS 01590 -1 . • 1 - ACORO. DATE MAILL -2 OP ID: SP `� CERTIFICATE OF LIABILITY INSURANCE 06/19/12 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 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 941 - 484 -0681 NAII Gifford - Heiden Ins - NGNG PHO NE I FAX P 0 Box 428 941- 485 -3835 (NC No. Ettc (NC, No): Venice, FL 34284 E-MAIL Victor L. Garraus ADDRESS: INSURER(S) AFFORDING COVERAGE NAB # INSURER A : Southem- Owners Ins Co 10190 INSURED Mailloux and Sons Inc. INSURER B: Progressive Companies 10193 1500 15th Ave. Dr. East #103 Brldgefl h eld Employers r Co Palmetto, FL 34221 INSURER C: INSURER D : 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 SUER POLICY EFF POLICY EXP — INSR WVD POUCY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) UMRS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 20734723 09/28/11 09/28 /12 i pA j„aSES Ea ocamenc $ 300,000 CLAIMS -MADE X OCCUR `\ 1 / • MED EXP (Any one person) $ 10,000 x CONTRACTUAL �� \ \ ' fi r, — ` PERSONAL &ADVINJURY $ 1,000,000 X XCU LIABILITY �J C , G l ( GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE OMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 2,000,000 POLICY n PRO- n LOC $ AUTOMOBILE LIABILITY ( COMBINED SINGLE LIMIT $ 1,000,000 B ANY AUTO X 04498899 -1 01/04/12 01/04/13 BODILY INJURY (Per person) $ AL OWNED X SCHEDULED BODILY INJURY (Per accident) $ X HIRED AUTOS X NNON —O NE PROPERTY DAMAGE $ 20,733,909 (Per accident) HIREDINONOWNED $ 1,000,000 X UMBRELLA UAB X OCCUR A EXCESS LIAB EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE 4740975700 09/28/11 09/28/12 AGGREGATE $ $,000,000 DED X RETENTIONS 10,000 $ WORKERS COMPENSATION X 1 TORY L WCSTIM(TS ATU- I x OETR H- AND EMPLOYERS' LIABILITY Y I N C ANY PROPRIETOR/PARTNER/EXECUTIVE 83050663 - USL&H INC W DED 04/03/12 04/03/13 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) DRUG FREE WORK PROGRAM E.L DISEASE - EA EMPLOYEE $ 1 000 If yes, describe under r DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY UMIT $ 1,000,000 • A Crime 20734723 09/28/11 09/28/12 100,000 A Equipment Floats 20734723 09/28/11 09/28/12 RENT/DEDU 230,000/500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Monroe County Board of County Commissioners included as additional insured and loss payee as respects to ADA Compliance, Segment #2 project. Additional Insured applies to General Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION MONR001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 1!/ /ego / 6' ,. ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD • I I ( NOTEPAD: HOLDER CODE MORROW' MAILL -2 ' 2 !! INSURED'SNANE Maiiloux and Sons Inc. OP ID: SP D ATE 06/19112 Builders Risk Installation floater included on olicyy 20734723. All Risk, i ncluding property at construction premises. 250;000 limit completed value basis. County permitted to occupy building prior to completion.