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18th Change Order 02/03/2021 BOARD OF COUNTY COMMISSIONERS County of Monroe rc Mayer Michelle Coldiron,District 2 OY°1 Mayor Pro FernDavid Dice,District 4 The , i Craig Cates,District i Eddie Martine,District 3 Mike Forster,District 5 Memorandum DATE: 02/02/2021 TO: BOCC .i cn=Kevin G.Wilson,P.E.,o—Monroe County, FROM: Kevin G. Wilson P.E. FL(theFloridaKeys,ou,email=wilson- r -�— '� c�"-'"� 't�.c kevin@monroecounty-fl.gov,c=US 2021.02.02 1 3:18:36-05'00' SUBJECT: Proposed Change Order to be Approved Attached is proposed Change Order#18 for the Monroe County Library & Adult Education Marathon Branch project. This change order increases the final contract sum by $8,959.91. 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 Wednesday, February 3, 2021. MONROE CouNiy/ENGiNEmNG/ PRojEcT MANAGEmENT CONTRACT CHANGE OMER PROJECT TITLE: CHANGE ORDER NO: #18 Monroe County Library and Adult Education INITIATION DATE:210112021 Center,Marathon Branch CONTRACT DATE:03/2112019 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.................................................. $ 843,557.71 The(Contract Sum)(Guaranteed Maximum Price)prior to this Change order was .............$7,859,942.71 The(Contract Sum)(Guaranteed Maximum Price)will be increased) (decreased) (unchanged) by this Change Order.............$ 8,959.91 The new(Contract Sum) (Guaranteed Maximum Price)including this Change Order is......$ 7,868,902.62 The Contract Time will be(increased)(decreased)(gachaned by................................. 0 Days The date of Substantial Completion as of the date of this Change Order is....... ................ 3/06/2021 Detailed description of change order and justification: During construction, proposed landscaping concerns were brought forward by both the Monroe County School District as well as Monroe County Maintenance. To address natural surveillance visibility con between the Library and Stanley Swiffik Elementary School,larger canopy trees and hedges were eliminated and replaced with smaller alternative vegetation along the no and west sides of the property. Long to maintenance concerns were mitigated by eliminating larger canopy trees within parking lot areas and replacing some ground cover plants with sod to help minimize required weeding of plant beds. No additional contract time is required for this change. Change order is 0,13%of original conlract price. ------- Not valid,until signedty OwnerA,rchitect if appliclibl6l.and C for ARCHITECT: alo ki o Date CONTRACTOR: Pedro-Falcon Contractors, Inc. Date Digitally signed by Cary Knight Cary Knight Date:2021.02.02 12:28:49 DIRECTOR PROJECT MANAGEMENT -05,00, Cary Knight, Director Date Pcn=Kevin G.Wilson,P.E.,o=Monroe County, FL(the Floridaonroec Keys,ouny-ou fl.gov,, lc=US=wilson- COUNTY/ASSISTANT ADMINISTRATOR: kevin@o, 2021.02.03 16,35,33-0500' Roman Gastesi Date Kevin Wilson Christine Hurley Change Order Aftachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes Z No ❑ If Yes, explanation: The landscaping changes are a result of mit► ating concerns brought up during construction. • Change Order was included in the original specifications. Yes ❑ No Z If Yes, explanation of increase in price: • Change Order exceeds$50,000 or 5%of contract price(whichever is greater). Yes ❑ No Z If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes Z No E] If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes E]No Z Should a claim under the applicable professional liability policy be made? Yes❑ No Z Explain: NIA �,. ALCON PEDRO F CONTRACTORS, INC. 31160 Avenue C, Bigire Key® FL 3 043- 16 05)672®2200.Fax 3 )872-2219 EC 130034161 CGC 1507617 Request for Change Order JanuaryRevised 29 project.- Marathon Library Description: Miple Revisions to Landscapmig LandscapeBlue Native atior Subcontractor .............................................. Subcontractor ....................................................... 1 9 Total Original Subcontract Amount...............................................$96,35A.6o Plant Installation -Commercial Landscape Construction Original Contract Irrigation to Remain............................................................. i , PlantAdditional Installation-Commercial Landscape Construction.............. Y , 263-00 Additional Irrigation ............................................................................................ $3,595.00 Total Revised Subcontract Amount..............................................$104,795-00 Change Order Variance Amount to Owner .....................................$8,440.40 .................................................................................. SubcontractorSubtotal .................................................................. , 862-42 • ................................................................ Total Requestfor Change :..................................... Change Order Pricing Reflects rev Wons to Landscaping requested revisions Dated 12-oS-2o Exception.-Feature Specimen Tree Multi-trunk Witt.provided at 1 in . indicated on plans. Industrial-Commercial-1 -Residential-Utility Established 1984 Submitted,Additional Vine Request:Additional 71me Cannot be Calculated at this due to unknoums.Reserves the right to subntitjbr additional time and expenses associated with a Hine extension. Respectfully Ken r Projectr Miami-Dade County Branch: 201 SW 2nd Ave,Suite 111 . ?=r- Florida City,FL 33034 kMarathon Library and Adult Monroe County Branch: Education Center-ES'T0210124_L&I- 155 Toppino Industrial Drive R9 ��� 1 Key West, 33040 Friday,January 29,2021 °j'. �iwn Etna Landscape & Irrigation 0:305-872-4050 F:305-489-6489 Estimator Abhi Jariwala Salesperson Albert Martinez Billing Address: albert@bluenativekeys.com Pedro Falcon Contractors,Inc. Job Address: 31160 Ave C 3490 Overseas Highway Big Pine Key FL 33043 Marathon,FL 33050 1 Plant Installation-Commercial Landscape Construction $69,057.00 $ 9,07. 0 • Silver Buttonwood,Coocarpus erectus'Sericeus',25 Gallon, 10 ea • Satinleaf,Chrysophyllum oliviforme,25 Gallon,6 ea • Hurricane Palm,Dictyosperma album,Field Grown,16"OA Height,2 ea • Lignum Vitae,Guaiacurn sanctum,Field Grown,8-10'Height,4 ea • Native Joewood,Jacquinia keyensis,25 Gallon,5-6 Overall,2 ea • Simpson Stopper,Myrcianthes fragrans,100 Gallon,2 ea • Cabbage Palm,Sabal palmetto,Field Grown,16 ea(Note:The planting schedule indicates 17 units,only 16 units were counted on the drawings) • Florida Thatch Palm,Thrinax radiata,Field Grown,6 ea • Jamaican Caper,Capparis cynopallopora,3 Gallon,22 ea • Cocoplum,Chrysobal us icaco'Horizontal',7 Gallon,77 ea • Golden Creeper,Ernodea littoralis'Beach Creeper',3 Gallon,210 ea.(Note:The planting schedule indicates'190 units,but 210 units were counted on the drawings) • Florida Privet,Forestiera segregata,3 Gallon,175 ea • Blanket Flowery Gaillardia pulchella,1 Gallon,35 ea • Lignum Vitae,Guaiacu ;sanctum,25 Gallon,6'Heig t,I ea • Dune Sunflower,Helianthus debilis,I Gallon,20 ea • Spider Lily,Hymerrocallis Latifolia,3 Gallon,299 ea • Shore Juniper,Juniperus conferta,1 Gallon,200 ea • Muhly Grass,Muhlenbergia capillaries,3 Gallon,150 ea • Pepero ia,1 Gallon,32 ea • Wild Coffee Shiny,Psychotria nervosa,7 Gallon,61 ea • Blue Porterweed,Stachytarpheta jamaicensis,3 Gallon,94 ea • Coontie,Zamia putnila,3 Gallon,173 ea(Note:The planting schedule indicates 169 units,but 173 units were counted on the drawings) • St.Augustine'Seville'Sod,Per SF,8000 sq It • Florida Select-Natural Eucalyptus Mulch,750 ea • 50150 Soil Mix,Per Truckload,9 ea • Transportation,7 ea • Pea Rock#89 Per Yard,6 cu yd,Super Sacks • Saw Palmetto,Serenoa repens,7 Gallon,55 ea --.-.-.-.-....__ _..... I Complete Irrigation Package-Commercial Irrigation Construction $ 6,8 .00 $16,880. 0 Complete Irrigation Package 1 Plant Installation-Commercial Landscape Construction $15 263. 0 $15 263.00 Atlditional Scope of Work Page 1 of 5 ® Pigeon Plum,Coccoloba diversifolia,65 Gallon,5 ea(Note:The planting schedule indicates 4 units,but 5 its were counted on the drawings) ® Green Buttonwood,Conocarpus erectus,45 Gallon,I ea ® Orange Geiger Tree,Cordia.sebestena,25 Gallon,ITHeight,5'Spread,2 ea, • Yellow Elder,Tecoma stans,I ea ® Boston Fern,Nephrolepis exaltata,I Gallon,155 ea.(Note:The planting schedule indicates 180 units,only 155 units were counted on the drawings) • Metal Edging,16'Long strips,Per Strip,19 ea ® Fertilizer 20-10-5,9 ea ® Silver Buttonwood,Conocarpus erectus'Sericeus!,Multi Trunk,I ea I Irrigation Installation-Commercial Irrigation Construction $3,595.00 $3,595.00 Additional-Scone-of. Work for Extra Are ........... Signature Date Total: $104,795.00 Page 2 of 5 Acceptance of or Blue Native of the Florida Keys,Inc.(Contractor)and Pedro Falcon Contractors,Inc.(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 3 of 5 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/WindowNehicle 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 guaranteed 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 4 of 5 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 5of5