14th Change Order 10/26/2020 BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayer Heather C urruthers,District 3
tt
Florida � ,, � Mayor bra Terry Michelle C;oldiran,District 2
The i ',i Craig rig Crates,District t
David Dice,District 4
Sylvia Murphy,District 5
Memorandum
DATE: 10/23/2020
TO: BOCC
Dig'tallysgned by Kevin G.WI PE
' ,% DN e,Kevn6 WI PE Monroe County FL(the Florida
FROM: Kevin G. Wilson, P.E. ��°' ��"' Keys oo email I keen@monroecoonty fl.gov,-US
: Date.2020.10.23 08.24.14-04'00'
SUBJECT: Proposed Change Order to be Approved
Attached is proposed Change Order#14 for the Monroe County Library & Adult Education Marathon
Branch project. This change order increases the final contract sum by $10,615.50. The substantial
completion date is unchanged.
Monroe County Ordinance 027-1998 and subsequent amendments provide authority for the
Administrator to approve change orders within specified limits after providing Board of County
Commissioners with at least 24 hours to review them and pose any questions or objections that they may
have. It is the Administrator's intent to approve the attached change order under that authority.
It is the Administrator's intent to approve the attached change order under that authority on Monday,
October 26, 2020.
MONROE CouNiYANGiNEERiNG/ PRojEcr MANAGauNT
CONTRACT CHANGE ORDER
PROJECT TITLE. CHANGE ORDER NO, #14
Monroe County Library and Adult Education INITIATION DATE: 10120/2020
Center, Marathon Branch CONTRACT DATE.03121/2019
TO CONTRACTOR:
Pedro-Falcon Contractors, Inc.
31160 Avenue C
Big Pine Key, FL 33043
The Contract is changed as follows:
The original(Contract Sum)(Guaranteed Maximum Price)...........................................$7,016,385.00
Net change by previously authorized Change Orders........................_........... .......__ $ 711,694.61
The(Contract Sum)(Guaranteed Maximum Price)prior to this Change order was ._.........$7,728,079.61
The (Guaranteed Maximum Price)will be(increased) (decreased)(unchanged)by this
Change Order.............$ 10,615.50
The new Contract Sum (Guaranteed Maximum Price)including this Change Order is ...._$ 7,738,695.11
The Contract Time will be(i J ncreased)(decreased)(unchanged ............. .......... 0 Days by
The at of Substantial Completion as of the date of this Change Order is....... ........... 3/06/2021
Detailed description of change order and justification:
Upon requesting a local Fire Inspection during construction, the Contractor was informed by both the City of
Marathon and Monroe County Fire Marshals that due to the location of the Library(Monroe County School
District property)that these inspections fell outside of their jurisdiction.As the Monroe County School
District is the permit holder, but does not perform Fire Inspections, MTCI Private Provider Services,
was solicited to perform these services at the recommendation of the Monroe County School District
inspection representatives. This change order includes lump sum payment for all aspects of fire inspection
services including plans review as well as any additional inspections outside of the estimated 10 inspections
required. No additional contract time will be required for these additional serwces.
Change order is 0.15 of qri_a r�al contract orr'ca.
blot valid until signed by Owner Architect,11f,applicaLeAnd Cain t r
UQ Q
ARCHITECT:
i a C Date
CONTRACTOR: 10111j�2c'9 0
Pedro-Falcon Contractors, Inc. 1 Date #
Digitally signed by Cary Knight
Cary Knight Date:2020.10.22 17:11:10
DIRECTOR PROJECT MANAGEMENT -04'00'
Cary Knight, Director Date
Digitally signed by Kevin G.Wilson,P.E.
DN c-1-im G.Wil—,P.E.,.-M—County,FL
(th,Fl,dd,KY,, ,,—fl—ilk—
k
M" 'ty
COUNTYIASSISTANT ADMINISTRATOR: Date MM.1�.M N5531-04'00C-US'
Roman Gast es! Date
Kevin Wilson
Christine Hurley
Jf
Change Order Attachment per Ordinance No. 004-1999
• Change Order was not included in the original contract specifications. Yes Z No El
If Yes, explanation: This change is a result of an unexpected fire authority jurisdictional issue during
construction.
• Change Order was included in the original specifications. Yes El No Z
If Yes, explanation of increase in price:
• Change Order exceeds$50,000 or 5%of contract price(whichever is greater). Yes [I No Z
If Yes, explanation as to why it is not subject for a calling for bids:
• Project architect approves the change order. Yes 0 No El
If no, explanation of why:
• Change Order is correcting an error or omission in design document. Yes EJNo 0
Should a claim under the applicable professional liability policy be made? Yes ❑ No Z
Explain: NIA
PEDRO FALCON
CONTRACTORS, INC.
31160 Avenue C,Big Pine Key,FL 33043-4516
(305)872-2200-Fax(305)872-2219
EC 130034161 CGC 1507617
www.pedrofalcon.com
Request for Change Order
15 October 2020
Project-. Marathon library
PCO Number: 021
Description: Fire Inspection Services
........................I................ ................... ........... .......... ................................................. ......
MTCI Private Provider Services, LLC
Provide FIre Inspection Services..........................-............................................$10,000.00
SubtotalSubcontractor Fire inspections.......................................$10,000.00
PFCManagement Fee @ 5%..............................................................$500-00
P&PBond 1.1%ofTotal Cost...............................................................$115-50
Respectfulty Submitted,
Ken Bygler
Project Manager
Industrial-Commercial-Insiffitfional-Residential-(Wilty
Established 1984
W
PRIVATEMTC1
PROVIDER SERVICES, LLC
PROPOSAL
October 14, 2020
To: y:
Pedro Falcom Contractors, Inc. MTC1 Private Provider Services
c/o Ken Bygler 866 Ponce De Leon Blvd
31160 Ave C 2nd Floor
Big Pine Key, Florida 33043Coral Gables, FL 33134
TCI Private Provider Services proposes to supply Fire Inspection Services for the Marathon
Library project located at 3490 Overseas Highway in Marathon, Florida. The project consists o
a new 2-story, 15k SF public library it ing.
Inspection Services
TCI will perform fire inspections utilizing certified fire inspectors as required by the NFPA.
Inspections will be performed y o "as requested" basis. MTC1 will perform the inspections
in accordance with the plans previously approved by Monroe County School Board.
Inspection Proc it s:
Approved set of plans must be provided prior to the inspection.
The on-site superintendent will be responsible for requesting inspections.
-site location to be supplied to MTCI for required documentation and storage.
Three copies of each inspection report will be generated and distributeds
follows:
Monroe County School Board Building Official
-site logbook
TCI—digital copy of the inspection is available throw CI's website
86 6 =:o ,° De Q,0 11 .s3 N 0 F.,0 0, Co ad G a Wes 3w 3 572162 .?gin£
Marathon Library
10.141020
Terms and Conditions
➢ Terms and conditions stipulated in this Proposal shall be valid for 60 days from
date of issuance.
MTC1 holds the client fully responsible for all aspects of their permits including
but not limited to the expiration of all permits.
➢ Final letters shall not be provided if invoices are 30-days as due.
Please include invoice contact information upon execution of this Proposal.
In the event that MTC1 is prevented or delayed to meet timing commitments by
circumstances of natural disaster or national emergency, MTC1 will be excused
from any failure to perform such obligation under this Agreement to the event
such failure is caused by any such circumstances.
Additional terms and conditions on page 4
Rates:
Inspection Fee- $ 10,000.00
*The inspection fee includes 10 jobsite visits by a licensed and certified fire inspector and
final certification paperwork. Additional visits to the jobsite will be billed at$1,000 per visit.
Travel time will not be billed. In the event the inspector is expected to book a hotel the fee
will be billed as a reimbursable expense. Owner may have to option to provide payment up
front for the hotel, in which case the surcharge will be waived. Client may also book the
hotel directly.
A La Carte (Hourly rate)
Inspector/P Engineer Principal
Onsite Meetings (8-hour minimum) $130 $170 $170
Plans Coordinator Services $58 per hour
Courier Services $48 per hour
Reimbursable Expensest Cost plus 20%
tincludes copies and Fed-Ex/UPS delivery charges paid by MTC1 on behalf of the Client. Fees
not paid within 30 days will be subject to standard credit card interest rate charges.
Payment Terms:
Upon execution of agreement MTC1 will invoice client$3,334.00. Anadditional 33%will be
invoiced during framing inspections. The remaining balance will be invoiced during final
inspections.
Page 2 of 4
Marathon Library
10.14.2020
ACceptance of Proposal
The parties have read the foregoing, understand teagreement completely and scope of work,
and willingly enter into this agreement which will become effective on the date signed below by
the CLIENT.
Name&Title of MTCI Authorized Representative Name of Client and Title (print)
Signature of MTCI Authorized Representative Signature of Client's Authorized Representative
Date
INVOICE CONTACT INFORMATION:
(Contact Name)
(Address,City,State,Zip)
Telephone Number:
Facsimile Number:
E-Mail:
Upon receipt of this executed Proposal inspections and permit status may be monitored via our website
at www.yntciprivateprovider.com.
Page 3 of 4
ADDITIONAL TERMS AND CONDITIONS
1. INVOICE & PAYMENT srl'WCTURE. MTCI will invoice client on a monthly services to other third parties provided that MTCI gives Client prior written
basis. All payments are due to MTCI within 15 days of invoice receipt. notice of the persons or entities with which MTCI has subcontracted. MTCI
Payments owed to MTCI but not made within 30 days of invoice date shall remains responsible for any Affiliate's or subcontractor's performance or
bear simple interest at the rate of 1.5% per month. If payment is not failure to perform. Affiliates and subcontractors will be subject to the same
received within 30 days of invoice date,Services will be discontinued until all performance criteria expected of MTCI. Performances clauses will be
invoices and interest are paid In full. included in agreements with all subcontractors to assure quality levels and
agreed upon schedules are met.
2. CHANGES TO SCOPE OF SERVICES. Any changes to Services between Client
and MTCI shall be made in writing that shall specifically designate changes in 9. INSURANCE. (A.) MTCI shall procure and maintain and shall cause any
Service levels and compensation for Services. No changes shall be binding subcontractor of MTCI to procure and maintain, the minimum insurance
absent a written Amendment executed by both Parties. coverages listed below throughout the term of this Agreement. Such
coverages shall be procured and maintained with forms and insurers
3. TERMINATION. Either party may terminate this Agreement upon 10 days acceptable to CLIENT. In the case of any claims-made policy,the necessary
written notice,with or without cause.In case of such termination,MTCI shall retroactive dates and extended reporting periods shall be procured to
receive payment for work completed up to and including the date of maintain such continuous coverage.(B.)Worker's compensation insurance to
termination within 15 days of the termination. Upon receipt of notice of cover obligations imposed by applicable law for any employee engaged in the
termination,MTCI shall discontinue all services and work in connection with performance of work under this Agreement, and Employer's Liability
the performance of this Agreement and shall deliver to Client,in electronic insurance with minimum limits of one million dollars ($1,000,000) bodily
and/or other formats all finished and unfinished documents and work injury each accident,one million dollars($1,000,000)bodily injury by disease
product prepared by MTCI under this Agreement. MTCI shall not be —policy limit,and one million dollars($1,000,000)bodily injury by disease—
responsible or liable in any manner for Client's use of unfinished work each employee. (C.) Commercial general liability insurance with minimum
product or documents listed above. combined single limits of one million dollars($1,000,000)each occurrence
and two million dollars($2,000,000)general aggregate. The policy shall be
4. CLIENT OBLIGATIONS. Client shall timely provide all data information,plans, applicable to all premises and operations. The policy shall include coverage
specifications and documentation required by MTCI to perform Services at for bodily injury, broad form property damage, personal injury (including
no cost to MTCI. coverage for contractual and employee acts), blanket contractual,
independent MTCI's,and products. The policy shall contain a severability of
5. LIMITS OF LIABILITY. EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH interest provision and shall be endorsed to include CLIENT and CLIENT's
HEREIN, MTCI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY officers, employees, and MTCls as additional insureds. (D.) Professional
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION liability insurance with minimum limits of one million dollars ($1,000,000)
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR each claim and two million dollars ($2,000,000) general aggregate. (E.)
PURPOSE, ERROR-FREE OPERATION, PERFORMANCE, ACCURACY, OR Automobile Liability:If performance of this Agreement requires use of motor
INFRINGEMENT. IN NO EVENT SHALL MTCI OR CLIENT BE LIABLE TO ONE vehicles licensed for highway use,Automobile Liability Coverage is required
ANOTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, that shall cover all owned,non-owned,and hired automobiles with a limit of
EXEMPLARY, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, not less than $1,000,000 combined single limit each accident. (F.) CLIENT
DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER shall be named as an additional insured on MTCI's insurance coverage. (G.)
INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF THE Prior to commencement of Services, MTCI shall submit certificates of
FORM OF ACTION, WHETHER IN CONTRACT, INDEMNITY, NEGLIGENCE, insurance acceptable to CLIENT.
WARRANTY, STRICT LIABILITY, OR TORT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF 10. DISPUTE RESOLUTION&ATTORNEY FEES. In the event a dispute arises out of
ESSENTIAL PURPOSE OF ANY REMEDY OTHER THAN WITH RESPECT TO or relates to this Agreement, or the breach thereof, and if said dispute
PAYMENT OF OBLIGATIONS FOR SERVICES. EXCEPT WITH RESPECT TO cannot be settled through negotiation,Parties agree first to try in good faith
PAYMENT OBLIGATIONS, IN NO EVENT SHALL THE LIABILITY OF CLIENT OR to settle the dispute by mediation,before resorting to arbitration,litigation,
MTCI UNDER THIS AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER or some other dispute resolution procedure. The cost thereof shall be borne
(REGARDLESS OF THE FORM OF ACT-ION,WHETHER IN CONTRACT,TORT OR equally by each Party. In the event of dispute resolution or litigation to
UNDER ANY OTHER LEGAL THEORY,AND WHETHER ARISING BY NEGLIGENCE, enforce any of the terms herein,each Party shall pay all its own costs and
INTENDED CONDUCT,OR OTHERWISE)EXCEED THE AMOUNT OF FEES PAID attorney's fees.
TO MTCI PURSUANT TO THIS AGREEMENT.
11. GOVERNING LAW AND VENUE, Agreement shall be construed under and
6. PERFORMANCE STANDARDS. MTCI shall perform Services using that degree governed by the laws of the State of Florida and all services to be provided
of care, skill, and professionalism ordinarily exercised under similar will be provided in accordance with applicable federal,state and local law,
circumstances by members of the same profession performing substantially without regard to its conflict of laws provisions.
same services.
12. COUNTERPARTS&WAIVER. Agreement and any amendments may be
7. INDEPENDENT CONTRACTOR & THIRD PARTY RELIANCE. MTCI is an executed in one or more counterparts, each of which shall be deemed an
independent contractor, and neither MTCI, nor any employee or agent original,but all of which shall constitute one and the same instrument. For
thereof, shall be deemed for any reason to be an employee or agent of purposes of executing this Agreement,scanned signatures shall be as valid as
Client. Agreement is intended for the mutual benefit of the Parties hereto the original. Failure to enforce any provision of this Agreement shall not be
and no third party rights are intended or implied. Consultant and its agents, deemed a waiver of that provision. Waiver of any right or power arising out
servants,and/or employees,while acting within the scope of this Agreement ofthis Agreement shall not be deemed waiver of any other right or power.
shall be deemed to be an agent of the Municipality for purposes of Florida
Statute 768.28 when applicable. 13. ENTIRE AGREEMENT. Agreement, along with exhibits, constitutes the
complete,entire and final agreement of the Parties hereto with respect to
8. ASSIGNMENT, Neither party shall assign all or part of its rights, duties, the subject matter hereof, and shall supersede any and all previous
obligations, responsibilities, nor benefits set forth in this Agreement to communications, representations,whether oral or written, with respect to
another entity withoutthe written approval of both Parties;consent shall not the subject matter hereof. Invalidation of any of the provisions of this
be unreasonably withheld. Notwithstanding the preceding,MTCI may assign Agreement or any paragraph sentence,clause,phrase,or word herein or the
this Agreement to its parent, subsidiaries or sister companies (Affiliates) application thereof in any given circumstance shall not affect the validity of
without notice to Client. MTCI may subcontract any or all of the services to any other provision of this Agreement.
its Affiliates without notice to Client. MTCI may subcontract any or all of the
Page 4 of 4
I�
SKYUNE STEEL INC.
CT #19046
C
BIG PINE PEDRO FALCON CONTRACTORS, INC.
FL 33043
: ( 872-2200
RE: MARATHON LIBRARY
CHANGE ORDER #4
We propose to famish the following items forte above-mentioned ro ee , F.O.B.jo site
1) Four(4) Galvanized Steel " SCH 40 Pipe Bollards 5'- "Long.DELIVERY ONLY
LUMP SUM TOTAL FOR ITEM #1 b#'CEEE...EEEEE..EE.EE.EEE......EE.EEEEE b
00
PLEASE SIGN TO SIGNIFY APPROVAL
RESPECTFULLY SUBMITTED,
PEDRO FALCON CONTRACTORS
MIKE APPROVAL
SKYLINE STEEL, INC.
4987 NW 31 Avenue* Fortu r ale, Florida 33309* ) -1 Fax: ( )968-7077
www.skyji esteel.net