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1st Change Order 01/19/2021 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayer Michelle Coldiron,District 2 �, O Y°1 rc 3f� Mayor Pro Perri David Dice,District 4 ' i Craig Cates,District 1 1 � � Eddie Martine,District 3 Mike Forster,District 5 Memorandum DATE: 1/15/2021 TO: BOCC cn=Kevin G.Wilson,P.E.,o—Monroe p p/� �/ /- County,FL(the Florida Keys,ou, FROM: Kevin G. Wilson, P.E.Jf email=Wilson-kevin@monroecounty- fl.gov,c=Us 2021.01.15 16*02*40-05'00' SUBJECT: Proposed Change Order to be Approved Attached is proposed Change order#1 for the Harry Harris Park Ballfield Sod Replacement project. This change order increases the final contract sum by $7,398.00. 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 on Tuesday, January 19, 2021. MONROE CCU Nry/ENGINEERING/ PROJECT MANAGEmEi\rr CONTRACT CHANGE ORDER PROJECT TITLE: INITIATION DATE: January 14, 2021 Harry Harris Park Baseball Field Said CHANGE ORDER NO: 1 TO CONTRACTOR. CONTRACT DATE: December 9, 2020 Blue Native Landscape and Irrigation 155 Toppino,Industrial Drive Key West, FL 33040 The Contract is changed as follows: The original (Contract Sum)(Guaranteed Maximum Price).......... ....... -$175,307.00 Net change by previously authorized Change Orders.............. ........ ...........................M 00 The(Contract Sum) (Guaranteed Maximum Price)prior to this Change order was... -$175,307.00 The(Contract Sum) (Guaranteed Maximum Price)will be increased by this Change Order..$7,398.00 The new(Contract Sum)_(Guaranteed Maximum Price) including this Change Order is.......$182,705,00 The Contract Time will be (unchanged)by. 0 Days The date of Substantial Completion as of the date of this Change Order is.......... ....... Feb. 14, 2021 Detailed description of change order and justification: There were no concessions made for sggariqtion of the St. Aycustine grass in the Lark from the Celebration being,in,stalledon the balffields. St. Aygusting,isavery prolific growing grass and without a_§&Qaration, it will qukEL]y tape over and choke out the newly installed sod, Blue Native syggested a separation stri2 of aparoximately 5 feet at the edge-of the fields designated in the sm2e,of work. This change order is 4,2%of the original contract price. Not valid until signed bj Owner,-Architect(if a2l2licableLand Contractor ARCHITECT: N/A Date CONTRACTOR: V pate igitally signed by Cary Knigh JVt atit Cary Knig tage.:2021.01.15 13:29:13 DIRECTOR PROJECT MANAGEMENT -0500, cn—Kevin G.Wilson,Dat#Aonroe County, FL(the Florida Keys,ou,email—wilson- kevin@monroecounty-fl.gov,c—US COUNTY/ASSISTANT ADMINISTRATOR: 2021.01.21 16:4233-05'00' Roman Gastesi Date Kevin Wilson Christine Hurley Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: There were no concessions made for separation of the St. Augustine grass in the park from the Celebration being installed on the ballfields. St. Augustine is a very prolific growing grass and without a separation, it will quickly take over and choke out the newly installed sod. Blue Native suggested a separation strip of approximately 5 feet at the edge of the fields designated in the scope of work. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $50,000 or 5% of contract price (whichever is greater).Yes ❑ No If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ❑ No If no, explanation of why: Architect not required for this project. • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: Miami-Dade County Branch: 201 SW 2nd Ave,Suite 111 PEWosal a Florida City,FL 33034 Harry Harris Park Baseball Field- r^d Monroe County Branch: Change Order#1 155 Toppino Industrial Drive Monday,December 28,2020 -we Key West,FL 33040 u e Landscape & Irrigation 0:305-872-4050 Estimator F:305-489-6489 Abhi Jariwala Salesperson Juan Perara Billing Address: juanAbluenativekeys.com Monroe County Purchasing Department Job Address: 1100 Simonton St 50 E Beach Rd Key West FL 33040 Tavernier,FL 33070 8^456:06 8-19";456:06 a �C1a�t1� ;.IZerP,s. €t mil n 84;836.40 84;836.40 ................................................................................................................................. 1 Soil Install/Fine Grade-Commercial Landscape Construction $7,398.00 $7,398.00 • Grading and Compaction for Clay Strip and Infield 1 I ��g #' � 1 I r t € $4;b29:41t) s4;42#.N fir- V Signature Date Total: $36,119.06 Page 1 of 4 Acceptance of Work Blue Native of the Florida Keys,Inc. (Contractor)and Monroe County Purchasing Department(Client)agree to services,conditions, materials,and total dollar amount. Contractor will commence the Work at the agreed time and place,and continue such Work diligently and without delay,in a good and workmanlike manner,and in strict conformity with the specifications and requirements contained herein and in any related Order. Payment Terms and Conditions Client agrees to pay total dollar amount before due date on final invoice to avoid 1.5%penalty for late payment. The act of non-payment creates a lien in favor of the Contractor. Notwithstanding anything contained herein to the contrary,the completion date of the Work shall be deemed to be extended by that number of days equal to any delay in payment to the Contractor. Exclusions Electrical Work is to be done by a certified electrician only and is always additional to the Contract Iron railings removed during construction are always re-attached at an additional cost. Damage to existing irrigation lines during construction is considered to be an additional cost. Painting and Staining. Conduit and connections for underground electrical,gas,and all other utilities and services. Site Unknowns: Including,but not limited to,sub-surface conditions/obstacles that create unforeseen labor,equipment,material,or disposal charges. Procedure for Extra Work and Changes If it shall become necessary for the Contractor to make changes in any designs,drawings,plans,reports,or specifications for any part of the project or reasons over which Contractor has no control,or are put to any extra work,cost,or expense by reason of any act or matter over which it has no control,the Client will pay to the Contractor a fee for such changed or extra work calculated on a time and materials basis. All changes to Work or pricing or the terms of this Agreement will be read and understood within the context and meanings of this Agreement unless stated explicitly to the contrary. Extras to the Contract are payable by the Client forthwith upon receipt of the Contractor's invoice. Change Notice:Any Contract change in scope in excess of one thousand dollars($1,000.00)requires a Contract Change Notice under which Work is to proceed.Work will not commence under a Contract Change Notice(CNN)unless with written Client approval.For Changes in scope of less than one thousand dollars($1,000.00),the Contractor will provide the Client notification by way of its Progress Report.In either instance,such notification shall be plain and clear in terms of scope and reason.Any record,telephone conversation or meeting in which such change in scope was introduced,shall be attached as supporting documentation. Page 2 of 4 Warranty and Tolerances Payments Received: The Warranty for the contract is only valid if payment is received in full on acceptance of the work. Diligence:the Contractor agrees to carry out its Work diligently and to provide sufficient supervision and inspection of its staff and subcontractors and that it's work will be of proper and professional quality,and in full conformity with the requirements of the contract. Competence: The Contractor warrants that it is competent to perform the Work and that it has the necessary qualifications including knowledge and skill with the ability to use them effectively. Site Unknowns: It is the responsibility of the Client or the Client's Representative to fully inform the Contractor of all the information regarding site unknowns that may include difficult buried materials,cables,and pipes,tree stumps,drainage or water table issues,rock and shale sub-surfaces and/or other impediments,issues or factors that could otherwise impact the quality,cost and timeliness of project completion.Failure to notify the Contractor may lead to additional costs to the Client(at the Contractor's discretion)and schedule time not included in the Quotation and may require changes in design and construction to overcome such problems—all for which the Client will be responsible.Client can avoid such risks by permitting the Contractor to do appropriate soil and ground tests,review the site,and to secure additional required site information from appropriate government and other authorities.The cost(s)of such additional work is not included in Agreement. Damaged Utilities: Should damage occur to utilities during construction,the Contractor is only liable for the cost of the repair.The Contractor is not liable in any way for inconvenience to the Client caused by damage to the utilities. Damage to neighbors buried utilities,on the Client's property,are the responsibility of the Client. Building/Window/Vehicle Washing:Buildings,windows,or vehicles of the Client,including neighbors,are not intended to be kept clean due to dust during Construction or Work performed by the Contractor.Any necessary cleaning due to Construction or Work by the Contractor will be the responsibility of the Client. Material Tolerances Landscape: Contractor warrants the installation,workmanship,design,and material.Material is guaranteed to be true to name and maintain a healthy condition except for normal shock of transplanting for one(1)year following installation completion provided they have been given care by the Client in a manner acceptable to Contractor.The Contractor does not warranty any transplants. Irrigation: Contractor warrants the installation,workmanship,design,and materials employed in connection with the underground irrigation system for one (1)year following installation completion. Stone:Natural stone has color variations that vary from stone to stone.In addition,mineral deposits such as lime,iron,etc.can change the stone and even bleed.This is the nature of the product and the Client accepts this as a natural and acceptable quality of the stone. Metal:Metal,which is not galvanized,is not guarannteed form rusting commencing immediately after installation. Concrete: Spider cracks (hairline stress-fractures)are considered a normal characteristic of all types of concrete.Concrete may crack substantially over time due to proximity of tree roots.Colored concrete consistencies vary from truck to truck therefore,it is not possible to produce an exact match with pours over nine meters.The Client absolves the Contractor of liability if"smooth"concrete is the desired finish(due to slippage). Client Responsibilities: The Client recognizes and agrees that they have a responsibility to maintain constructions,plants,bushes,trees, and other installations in keeping with standard quality maintenance requirements for the Warranty to remain in effect Failure to properly maintain materials or horticulture installations will void the warranty. Client further recognizes and agrees that damage to construction,materials,horticulture elements and other warrant-able items of the project will not be warranted if the damage or loss is due to elements beyond the control of the Contractor.For example,flooding eaves troughs that damage plants,fallen branches,animal caused damage,broken irrigation or drainage pipes,use of improper chemicals, improper maintenance,negligence,extreme or unusual weather conditions,act of God and similar and/or related situations,normal wear and tear—void all warranties provided by the Contractor. Use of Client Selected and Approved Substandard Materials: Client recognized and agrees that if the Client has chosen and approved the Page 3 of 4 use of substandard materials for any application that the one year warranty will be void or otherwise limited in writing on those items so impacted,but will remain in effect for all other elements of the project not impacted directly or indirectly by use of substandard materials. the Contractor will notify in writing to the Client any material that the Client has selected that would negatively impact the one-year warranty of the Contractor—prior to purchasing and/or installing such materials. Page 4 of 4