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Item C03 C.3 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting February 15, 2023 Agenda Item Number: C.3 Agenda Item Summary #11434 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick(30) 292-4339 N/A AGENDA ITEM WORDING: Approval of a no-cost time extension Change Order 48 with West Construction, Inc. for the new Cudjoe Fire Station project. The project is complete however the contractor experienced significant delays as a result of COVID and a change order is needed in order to release the final payment. ITEM BACKGROUND: The New Cudjoe Fire Station construction contract with West Construction Inc. was approved by the BOCC on August 15, 2018. The Contractor has experienced delays due to circumstances that were not within their control. This includes labor shortages,plan review delays due to County closures, manufacturing lead times, longer shipping and delivery times, and problems acquiring materials. The Contractor has requested 823 additional days be added to the contract time extending the substantial completion date from 12/31/2019 to 04/02/2022. All work has been completed. This Change Order will allow the final payment to be processed. PREVIOUS RELEVANT BOCC ACTION: 7/18/2018 —BOCC approved recommendation to offer a contract with West Construction Inc. after a ranking meeting held to review proposals received 6/26/2018. 8/15/2018 —BOCC approval of a construction contract with West Construction Inc. CONTRACT/AGREEMENT CHANGES: Extend Substantial Completion Date STAFF RECOMMENDATION: Approval of Change Order 48 DOCUMENTATION: CO 408 West Const Time Extension signed by West CO 47 West Const Time 03.23.22 CO 406—West Const EXEC-12.30.20 Packet Pg. 50 C.3 CO 405 West Const EXEC 10.5.20 - corrected CO 404_West Const_EXEC_12.13.19 CO 403 West Const EXEC 8.27.19 CO 402_West Const_EXEC_8.27.19 CO 401 West Const EXEC 8.27.19 West Const. contract- EXEC - 8-15-18 FINANCIAL IMPACT: Effective Date: 12/7/22 Expiration Date: n/a Total Dollar Value of Contract: $4,026,084.49 Total Cost to County: $4,026,084.49 Current Year Portion: $0.00 Budgeted: Yes Source of Funds: 304-26008 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: no If yes, amount: Grant: no County Match: N/A Insurance Required: N/A Additional Details: N/A N/A REVIEWED BY: Cary Knight Completed 01/27/2023 11:21 AM Kevin Wilson Completed 01/27/2023 4:10 PM Joseph DiNovo Completed 01/27/2023 4:14 PM Purchasing Completed 01/30/2023 9:02 AM Budget and Finance Completed 01/30/2023 9:16 AM Brian Bradley Completed 01/31/2023 8:39 AM Lindsey Ballard Completed 01/31/2023 9:55 AM Board of County Commissioners Pending 02/15/2023 9:00 AM Packet Pg. 51 U) MONROE COUNTYANGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: Cudljoe Fire Station No. 11 CHANGE ORDER NO: 08 INITIATION DATE: 11/1012022 CONTRACT DATE. 08/15/2018 TO CONTRACTOR:West Construction, Inc. 0 820 North 4'11 St. Lantana, FL 33462 U 0 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)-......... ..................... $ 3,884,185.00 Net change by previously authorized Change Orders.............—.—.........—......... $ 141,899.49 0 The(Contract Sum) (Guaranteed Maximum Price) prior to this Change order was—. $4,026,084.49 The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) (unchanged) by this Change Order................... $ 0.00 The new(Contract Sum)(Guaranteed Maximum Price) indluding this Change Order is $4,026,084.40 The Contract Time will be(increased) (decreased) (unchanged) by...--............. 823 days The date of Substantial Completion as of the date of this Change Order is ...... 04/02/2022 X W 0 Detailed.description of change order and justification,: E 1) The Contractor has experienced delays due to circumstances that were not within their control, U) This includes labor shortages, plan review delays due to County closures, manufacturing lead 0 U times, longer shippinq and delivery times, and problems acquiring materials, The Contractor has 0 requested 823 additional days. Z U) This change order is 0.0% of the original contract price. Not valid until signed by Owner,Architect if apil2licable), and Contractor ARCHITECT: 11/1812022 7 CPH, I Date 0 CONTRACTOR: 4212021 X W West Construction, Inc. 0 e �- E BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK 0 U U) By: By. Mayor/Chairperson As Deputy Clerk 00 Q MONROE COUNTY ATTOMNEY'S OFFICE 0 APPROVED AS TO FORM U E k 'Y CmNlY ATTORK DATE: Packet Pg. 52 C.3.a Change Order Attachment per Ordinance No. 004-1999 ® Change Order was not included in the original contract specifications. Yes ® No ❑ 0 If Yes, explanation: The time delay was not known at that time. Change Order was included in the original specifications. Yes ❑ No 0 If Yes, explanation of increase in price: U 0 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 ❑ U If no, explanation of why: o Change Order is correcting an error or omission in design document. Yes ❑No 0 Should a claim under the applicable professional liability policy be made? Yes ❑ No® E Explain: 0 U 0 0 X U) 0 U U) 00 U E c� Packet Pg. 53 C.3.b BOARD OF COUNTY COMMISSIONERS County of' Monroe Mayor David Rice,District 4 ti Mayor Pro Tem Craig Cates,District 1 The Florida➢�'i Keys ..� ` ;� Michelle Coldiron,District 2 � ,. Vacant,District 3 2 Holly Merrill Raschein,District 5 i U U) Memorandum n DATE: 03/17/2022 TO: BOCC Kevin G.Wilson, P.E. FROM: Kevin G. Wilson, P.E. w�r ;'w o'rra ..._. 2022.03.17 08:49:27 04'00' SUBJECT: Proposed Change Order to be Approved U 0 Attached is proposed Change Order#7 for the Cudjoe Fire Station No. 11 project. This change order decreases the final contract sum by $12,219.90. The substantial completion date is unchanged. Monroe County Ordinance 027-1998 and subsequent amendments provide authority for the U 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. 0 It is the Administrator's intent to approve the attached change order under that authority on Friday, March 18, 2022. U) U 0 N c� c� U i x i U) a 0 U U) i U c� Packet Pg. 54 11 S MONRO,E C0UNTY/ENG=ERUNG/ PRQJECT MANAGEMENI .2 CONTRACT CHANGE ORDEca U) a 0 PROJECT TITLE: U Cudjoe Fire Station No. 11 CHANGE ORDER NO: 07 U) INITIA110N DATE: 03108�/2022 CON'rRACT DATE: 08115/20,18 TO CONTRAuOR- West ConstrUCtion, lase, 820 North 41rI St, .2 Lantana, FL, 33462 "I'Tie Contract is changed as,follows: T[ie onginW (Qonj(ggj. qLEI) (Guaranteed MaXkTlUrn Price)_ $3,884,18&001 U_ _ as Net change by previously aUth0rized Chang e Orders...... .... .. ...... $ 154,119.39 .0 'a The (Guaranteed Maxin'RAIII PdCe) prior to this Change order-was,_ $4,038:1304,39 U The (!ac x 0 (Guaranteed Ma irrn,Arn Price)Willi be(ii wreased) (qg p.�) (unGhanged) by this Change Order, $ (12,219.901) The new((3eant[g�Ltc3qM)(GUaranteed MaAMLIIII Price) including this Change, Order is $4:,0126,,084.49 The Contract Time will be (increased) (decreased) (Ly gtjgqpj) by,.... ....... 0 days 0 as The date,of Substantial Completion as of Or date of ttiis Change Order is ....... 12/31/2019 Detailed description of change order and justification: U 1) ,7'his is a Deductive ,tcmmp 2 dGr to value tm te )e ................ I Lm-_ of' L I J— for Floor,Mats in th en e trance rnd on ae for my for Tiles in the Exercis,&Tr r ...........­­1111...... 7LIg jtqrtgja,each logation was ebras inatcW b c yest fipm Mon x roe Cou gp 'SOVarro.1 or W pi�ove Jy the Architect. The Contractor claimed that tf e..L)r�,�LL -—------ _g ftse line items EtCe a " �p Lo(,LtjktLThe Contractor submitted b ta _tQ/ Pg es subrniffc,)d E_1,_�/Ll_rj [Ameymg3LCit the actual r ost offtLrfdshin�L2,nd_instralling t1raft rrrr p ............... a J�LoLlt qaL.1 9 L U) !�Q�ttLejqg (2 i� 0 flowablo roduced credit ainount 0 2) A,31,2er fte, We,, t cha��g.p,..pr r 61 t2g additional fime will be added to the contract film. z CN car ..................'It -0.31% he 01fqil7al contr act price. q�T o rtler is of t Not valid untH Slg_qgdjy 0%Kne.[,A[cti�[tecjjl and Contractor U W x AR,CHITE(37'�� 03/10/2022 W —--——-------—------------ Date U) 0 U (5, CONTRACTOR: 51, e U) West t3on r 1011;-Ilnc° 'Date 0) Cary Knight Digitally signed by Cary Knight DlRE('.'TO RO T MANAG R PJECEMENT Date:2022.03.16 22:32:05-04'00' Cary Knight Da,te 0 Kevin G.Wilson,P.E. U COUNTY/ASSBTANT ADMUSTRATOR 2022.03.23 09:15:13-04'00' .............. ............ Roman Gastesi Date Kevin Wflsoncs E Packet Pg. 55 C.3.b Change Order Attachment per Ordinance No. 004-1999 U) a • Change Order was not included in the original contract specifications. Yes ® No ❑ o U If Yes, explanation: The original plans and specifications called for floor coverings in two locations. The Monroe County Fire Rescue determined that these floor coverings would present an unnecessary maintenance cost and requested their elimination from the project, resulting in a credit to the County. • Change Order was included in the original specifications. Yes❑ No ® o If Yes, explanation of increase in price: • Change Order exceeds$50,000 or 5% of contract price (whichever is greater). Yes El No® 0 If Yes, explanation as to why it is not subject for a calling for bids: t3 0 • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑No® U a g Should a claim under the applicable professional liability policy be made? Yes ElNo Explain: U) 0 c� 0 CN c� M c� M U i X U) 0 U U) l U E c� Packet Pg. 56 =Mal Ca,rroll From, Vick-Cary <Vick.-Caii,y@MoniroeCotiaity,-FL-.,(,.;o/> .2 selit: 1"hursday, March "10, 2022 3:32 PM To: Michael I.Aly; Mary Carroll U) Cc: Uzun, fter (NA) (iuzun@cphcorp.corn); E-ricl<son--Breanne, Knight-Cary; Wilson-Kevin 0 U Subject: FK Cucljoe Fire Station - Deductive Change Order,007 - Floodrig CredR U) Attachments® Clud.joe Fire Sta.-,Charige Order#7 Deductive CC) Hooring Credfts,09Mar22,pdf ThaM(you liker. .2 Michael/Mary Nease add the signature for West and re tUrn to me ASAP. "I'his deductive change order has to be fully executed by the U- COUnty before we can: process any Pay App which incudes it., as 0 Cary D. Vick U Cell (305) 504-31.19 0 Desk: (305) 295-4339 0 From: Uzun, lIker(AIA) <iuzun@cphcorp.corn> sent: rhUrsday, March 10, 2022 1:17 PM To: lc .-Crary<Vl�ck-Cary @MoriroeCounty-FL,,Gov> U Cc: Erickson-Brearine<Erickso n,-Brea n ne @Mon roeCO U n ty.-F LG ov>; Kin ght-Cary<Kri ight-Ca ry@ M on roeCo u nty,-Fl-.Gov>; a .2 MlchM Uily<rn lilly@westconstrUCtioninc,net>; Mary Carroll <MCau'roll@ Nestconstructmir)ninc.net> Subject: RE: Cudj(.")e Fire Staflon -- Deductive Change Order#07 - Flooring Credit W 0) E U) CAUTION:This ern ail odgkiated froM Outside of the County. W w hether you Imo the sender or riot, do riot click linl<s or 0 open attachments you were not expecting. 0 z Cary, CN Nease see attached. Thanks, U 1. liker Uziun, RA, LEER AP BD+C W Mce President/AssocO xtEl W P: 305,274,4805 ext. 3604 U) a 0 U U) 0 U ca Packet Pg. 57 C.3.b Change Proposal Request (CPR)I mm7 0 ProjectR t3-11'20 CUDJOE KEY FS11 Contract t&� 001 U "I'Ma CU DJOE KEY FS-11 C13R# 033 U) rudrosra 22,152 OvPm e as C 6v y Issue Date 11-Jaru 29122 ;aut)jrmrrt i=incrurny C:rm dit C3tlty Stater,Zip Ccurijura Key,FN... 33042 C3rau ntry __.._..__..._..... .... _ ____....... _...... .___—w__......_....._ CnOntact mIkr I-My contilct GaryVIck LO Company West corlstrucklrrra�Irac, Company I cnrarcua tt crranty ddress 820 No th 4th Wit, Address 7 0 C3ity„Stale,Zta Lantana,H. 33462 CRY,Stale"Zip -� Country united&ates C,o unntu U Phone 661..;88-2027 Phone 30 -2924429 0 �ax 61 5iS'?..9 419 Fax _..,.,.,.,... ...... .,. _.._ ___.._._...___ .....,_,.............. _.__. _......._ ...._..______ _, __........_ ............---,______________ a:ription of the proposed change: Flood rig credit. Net Amount of this Proposed Change." U f unu,Contract time due to this(:wrige Proposa4 Request is to be d ternntne d at°a later mate. � _ 0 This docurrient,vJhre:rr ucNC r xtsmc¢atarl as ac¢u to c1a haNC craravkktnat� ura N ai rakNcrra top aru�mue.aci wwu th ttum work rle mr e bc-,,d(herein _ ,u�rnuntte'U�y.. � t3aWtunrae .�Arcr.tyk..� � fuse tJvaB Ac,r;eNaB.,�..�. .�_,,.�.�. ,....�,._.. x W West. crua�°�oKmtatr �t Rrr�s _.....................�..� .. - ��, f aa¢mrcc C'raauurAy.. ............_..,,..,_. __............__ ccnakany C carrmtamaruy _____. __..... .... E ......... _. ................___- _ .__._ __. .. _...__...... uy By Date By Date 0 0 Proposed due t L a 1Ft4 t7C3 C2d7 CtC4 t Rubberl�d�&-tfnUrurwa C iat C Bga¢aounrgcl 4 _... Overhead tnarW? ProfitMal - - ubtoi aq=($12,219.90) UI I r) a 0 U r) I U c� Pago N of f Packet Pg. 58 Vick- .2 To: Michael Ully Subject: RE-. Cludioo Key FS 11 - i'looring Credits U) a 0 U U) From Michael Ully ,,,MI-illy@westcr,)ristrL Ct.iOilir�c.riet> Sent-,Thursday, Febrtiary 1.0, 2022 6:43 PMI To-Vick-,Cary<Vlcl(-Cary@kAo�iroeC aunty-Fl.,(,iov> Cc: Knight-Cary<K n ight-,Ca ry@ IM on roeCou rity-TI..,Gov>; Wilson Kevk) <Wi kon.-Kievi n @ M oni roeCou nty-F L.Gov>; DiNovo- a .2 Joseph<E)iNovo-Josepti@MonroeCotAiity-Fl-,Gov>; Erickson-Brearme<Er-id<sc)ii-Breal'ine@ Vl (.)riroeCoiinty-.Fl..,Gov> Subject: RE: Udfoe Key FS 11.- Flooring Credits (n 0 2= U_ 0 CAUTION .0 U 0 Gioi,,,wnJ afternol,'in ary, as Attached is the w0sed DiechicUve Change Otder shoWnp, Credft airwii�,wnit UAM, Please see wmirinewits bMWAI kI red tin your 0 eimall, U .0 l'hanl<, youll x Pillictiael Lilly w Pri:,,�ject Manager E U) 0 Corisfiruc Blur n, lnc. 0 820 Noilh 01 Stred,, LaMana, Horkta 33462 z f:lhone: 561 588­2027ext. 2151130: 56 i•662 1476 1 Fax: 561-582_9419 CN E maR rnhfl! @�yest"onistruc orOnq net ray I ­.Y � ­r­I. :!.t .111-...'rl W'EdX VNVW4IS(rU bn�nc.net, / wwwmiest-ar chzor ,WeSWO""" �A ___ . -_ n -1�1!IYou c fi ar�find us n F s ern Mllr a I AT " ",,,, " , U / Ph,ii�,,��,(I! (J�,'­ �,TOI�i�CO p"IT 1�0,,j tj I w x w From: Vick-Cary [maMoMck ( M OMI) U)-Y( 1 _2__ a Sent: Monday, February 7, 2022 12;28 PNA 0 'To. Michael Lilly<KjHy U U) Cc: ry 0 -wx DiNovo-, Joseph <,DlNciVo-Jiosej, ty­ ,)V>; Eirickson.,13rearme<Eii t y FIl,Gov> Subject: it: Cudjoe Key F S 11 Flooring Credits 0 U Michael: I received the draft pay app and deductive change order, however i have to lglecttlig-th of these, 'The bask for the 0) E flooring credit does not, lmiclude the correct rnaterials, in(-Juftg furrilsh-and-install pricing, nor deduction for profit an(] overhead (5%+5%) on the credk am aunt. Packet Pg. 59 Mched is the appruved sularnittal for the Hoor mat in the foyer(6/1.1/2019). As shown in the subrin4tai and the project dramOgs,these were to have been mwail to wail floor rriats mMh included ramp edong. Using plan dirnensions, the coverage area shOUid be about 160 SK This was to have been a custom installation and is not just four mats thrown On .2 the Hoor, Much most of these quotes assume. The County is expecting a higher credit:arnount, inClLiding MO flor this t line RemAn KoMng at A furtheq I agms The Qhmt quote of$1184 Induded he pWn W cnwrMe ama M rneW�'.fi 2 amd KAMM This ru ti",(e is ',,),,!5,,702o4O 0 U I There was not a sulornhal for the vinyl floortiles in the fitness room. Howeveq the vinyl floor Wes overe spEWHed as 0 NeofWx Duo dies. Vie Tropic FlowMg quote is a furnish and install price, but c4ly says "rubbertlKe', Ile 7har quote 3: clemy Nos We Neoflex DUO tiles, but only includes the tile and installation materials, riot the installation labor, in its �9 quote for$4,400, "T'he County is expecthg a highu Wit amourit, hxWd&g MO Ar this lane;itieff), 3: quates Mckide MAOM Ki and otte of therrL Tropic Fho0n& was uAng the Neoffex Duo tHes.M you add indalallon W 0 about Q500 to the Thor quote of$1400 If M be Amon he same numben We ME use the h4Q=WuAe of aka 0925 US hi( iu "'."ind Osshthn Ous the rn,,,0,1ng it WITS"), u- cary D. Vkl( Cell (305) 504-3119 Deslc (30S) 295-4339 U 0 4- 0 U f ar .2 x W E 0 U 0 z CN C" M C" M Q I U W x W 0 U 0 U E Packet Pg. 60 C.3.b 'ro ics Floor Covering, Inc. Estimate Port Saint Lucie, FL 34986 u Date Estimate# r_-______..............................M.,,,.. . .. .w...__._.__..............................................M........., ...._Crrs /Address ...._ .......__.._ ............ ._........ .._._.._. � Jest C cbwbs}.rEKedoll,Inc,, 820 N,4di'Stred I,6tB7I:w d,FL,33460 .2 � ..... ..w._w......w_........._.�................. .......... 0 0 Project 4— .......... ...... ...,A._ _______............ __ u... .,...........__...._........ .......,......,,, ..........._....____.. .....w.,.,.,.,,. ......... ....... _.._......._...._..... Rem Description C,IIy Hate. "}'"Otal PORCELAIN SLAIN FURNISH AND INSTALL 12x24 I'tDRr,"E,t.AIN 2.50 t5,50 3,875 00 � FLOOR TILES ,C,CDL.t. R(T BD) � u ['"C7FIC }.[A1.1d FURNISH AND iNSTAI.1_, 12x24 ITI,ST1�()C.DI�I 1,350 13.55 1D},292.50 � 1'C9RCFTAIN WALL (;01,01 (11111)) PORC;L,I,AIN F111RNIS1I AND INSTALL 12w24 1 I9'C;IIF;N 1,365 I3. 55 18,495,75, x WALf,TI1 1,S,COLOR('1 I1L)) w 0 PCRC1,LA'I'N FURNISH AC+I}D INSTALL, AC'CFNT MOSAIC '60 1.1,11 4,838.40 '111 1,N,COLOR(I'BD) U) 0 SSI1lAJTI^1 5Y.., FURNISH, AND P4S TA1_L S TLT1rffiII 1` liTAI_, 396 6,2.5 2,41150 u 0 FOR CAP ON Af;4.IsT^3T TILILS A 1 FRPIC(.D0— 11JR-NISI3 AND 11S'1'A 'L VGA I'fsI PICC.BOPI:I C.t 2:50 4.50,� 1,125.00 CN IN lll..lIlBER'I"ILL FURNISH AND INSTALL,III.IT3II'IIIC I11 I"S, �30 I935' 5AI825.43�0 I 'UI3I3I^aR L.O— FURNISHNND INSTALL VINYL MAT 1155 3145 5,184,75 w I I7:,(DOR PRI711 M1I OPI,ITLOOR PREP 1 550.00 550.001 0 1:3AS1F, FURNISH AND INSTALL 1Ct31IBIT BASE 700 2,25 1,57.5,00 FROM P,01111F,COLOR JBD) 1°III-IC3H1' 1'III GII'1 C HAIC,G11' 1 1,85000 I,,850,00 �I V E $64,123,90 Packet Pg. 61 C.3.c MANAGEMENT 2 CAI CONTRACT CHANGE ORDER PROJECT TITLE: U Cudjoe Fire Station No. 11 INITIATION DAT n 9 /1 f 2 U) CHANGE ORDER NO:06 TO CONTRACTOR: (West CPRs as note ) West ns ruc ion,Inc® CONTRACTDATE:0811612018 0 The Contract is changed as follows: Thecri lnal(ContractSum)(Guarante aximurnPrice).... ,.a,.... m.,......v.,.e...m.,.. 3®6 ,165.00 u- et change by previously authorized Change Orders.......... ...... 7,7 a 3 6 The Contract u (Guaranteed Maximum Price)prior to this Chan a order was.. ...... 3,921, 3 . 3 The fl2ontract Suml(Guaranteed aximu rice) ill be(Increased)(decreased) 116,37 .46 c (unchanged) this Change Order........... ....... The newCc„ u )_( ua ntee Maximum Price)Including this Change Order is..... ,038,3 4.39 The The Contract Time will be(increased)(decreased)(unchanged a m.. days The date of Substantial Completion as of the date of this Change Order is................. 12/31/2 1 ..._.................................................................................._..... ., ,., ....... ......__........... ._...................._......._ .. .. .............................__...,. � The ctlld!r n, issues reglLtre this change order U c 1) This Chary a addresses myltl Is Chan e Pro sal Re crests/ )submitted y West Construction, the Contractor. See attached back and a ac rrrents car details re a In each X CPR. 0 2) Asper the West chary a era ,anal crest additfarral tfrrre to the ccntracf ftt be detennined at a " dt r date. 0 U 0 This change r er°is 3.00%of the original cots ct price- z ®t validuntil si ne Owner Arc I and Contra c r Cr ARCHITECT: Z 1' - i CPH, Inc, Date U CONTRACTOR: ;a�` W West Constru e I . ®ate ��r Knight l DigitaIly signed by Cary Knight � DIRECTOR PROJECTMANAGEMENTY g Date:2020.12.2910:19:26-OS'00' U Ca Knight ®ate _ U) n=Kevin G.Wilson,P.E., =M n oe County,FL(the f. Florida Keys ou ema w Isom kevin@monroecounty- COUNTY/ASSISTANTADMINISTRATOR: ;r (`( ,I' a, fl9n11 nrns4,,nnn Ronan Gastesi Cate Kevin Wilson Christine Hurley U E PROJECT TITLE: Cudjoe Fire Station No. 11 Packet Pg. 62 C.3.c INITIATION DATE: 12/07/2020 CHANGE ORDER NO: 06 TO CONTRACTOR: West Construction, Inc. 2 CONTRACT DATE: 08/15/2018 This Change Order No. 06 includes the following Change Proposal Requests (CPRs) from West 0 Construction: U) a� West CPR# Reason for Change Proposal Request(CPR) CPR Amount CPR#5 Increased wall thickness of beam $ 2,568.95 0 CPR#7 Tower Dimensions Discrepancy $ 2,780.25 CPR#8 IT System Furnish & Install $ 13,822.90 0 0 CPR#10 Added Column to Mezzanine $ 1,529.69 t3 CPR#11 Decking for Canopies over Apparatus Bay Doors $ 33,266.83 CPR#12 Credit for Color Concrete $ (1,466.29) CPR#15 Lighting Fixture Color Change $ 2,160.25 U CPR#16 Relocate Hose Reels-Combine to Air+ Power $ 10,244.69 CPR#17 De-Con Shower Fixture Change $ 1,203.48 0 CPR#18 Steel Plates to Stabilize Stairwell Block Wall $ 7,903.69 E U) CPR#19 Structural Fix for Generator Deck $ 19,826.82 c U 0 CPR#20 Change door function with additional hardware $ 6,846.65 Z ci CPR#21 Revision to Irrigation System $ 9,357.47 Ci Q c1i V- CPR#22 Add Circuit for 6th Overhead Door Motor $ 1,334.37 t3 X CPR#23 Relocate the termination of the new IT Conduits $ 1,918.76 U) C CPR#24 Relocate Domestic Water Booster Pump Power $ 573.24 c U U) CPR#25 Tile Corner in Lieu of Bullnose Tile $ 278.03 I CPR#26 Upgrade Fuel Dispensing Hose to 100ft. $ 2,223.68 TOTAL $ 116,373.46 c� Packet Pg. 63 C.3.c Each of the above CPRs, is presented with the following documentation: • Summary of the issues requiring the CPR. • Change Order Attachment per Ordinance No. 004-1999 (for each CPR) • The Contractor provided CPR and backup for each amount requested. U) 0 U CPR#5 Increased wall thickness of beam $ 2,568.95 U) The following issues require this change order: 1) Per the comments on the "Approved as noted"shop drawing submittal for structural steel, the wall thickness of the HSS 10x8x%inch beam was increased, by the reviewer, to %inch wall thickness. This increase in thickness doubles the weight and cost for these steel beams. 2) As per the West change proposal request, additional time to the contract will be determined at a later date. 0 U CPR#7 Tower Dimensions Discrepancy $ 2,780.25 The following issues require this change order. 1) Due to a discrepancy between the Architectural and Structural plans, the tower projection on the northeast corner, was formed and lathed to the wrong dimension. After confirming the discrepancy and correct dimensions with the Architect, the reinforcing steel was removed from t3 both tower slab projections and the form work reworked to the dimension shown on the c Architectural plan—an increase of two (2) feet. The reinforcing bars were replaced with correct size bars to accommodate the longer cantilever of the slab projections. As per the West change proposal request, additional contract time will be determined at a later date. 2) As per the West change proposal request, additional time to the contract will be determined at a later date. U) 0 U 0 CPR#8 IT System Furnish &Install $ 13,822.90 Q c14 The following issues require this change order: Ci cN 1. This is a County requested proposal to provide the conduit, cabling and iacks (ports) to support U i the installation of networking, telephone and cable television (CA TV) required by the owner, Fire x Rescue, and the County IT Department. 1 U) a 2. Contractor shall verify field locations of data & telephone ports with County staff prior to e U installation. U) 3. As per the West change proposal request, additional time to the contract will be determined at a i later date. U CPR#10 Added Column to Mezzanine $ 1,529.69 E c� The following issues require this change order. Packet Pg. 64 C.3.c 1) Due to noticeable deflection of the steel tube beam supporting the mezzanine on index line D a new column was installed as recommended and designed by the Architect. Prior to the fabrication and installation of the new column, post-shores were installed for temporary g protection. 2) As per the West change proposal request, additional time to the contract will be determined at a later date. U U) CPR#11 Decking for Canopies over Apparatus Bay Doors $ 33,266.83 The following issues require this change order: c 1) The original plans for the roof canopies over the front and back doors to the apparatus bay LO consisted of structural steel brackets attached to the outside walls. As per the structural plans, these structural brackets were spaced about 4 feet apart along the wall and connected with horizontal steel brackets at the ends of the brackets. The Architectural plans provided limited c construction and finishing details—plywood was required for the top, covered with standing seam metal roof. Densqlass was specified for the soffit. No intermediate framing was specified. The building inspector noted that the lack of framing would not meet building code because the spacing between structural members was too great. The additional work, not included in the original design, required the addition of intermediate horizontal framing at the top and bottom of the canopies to support the roofing materials and soffit, respectively as well as a adjustments to the finishing materials. U 2) As per the West change proposal request, additional contract time will be determined at a later a c date. X 0 CPR#12 Credit for Color Concrete $ (1,466.29) U) 0 The following issues require this change order: U 0 1) The original design called for exposed concrete floors throughout the station. The concreted was specified to include an added color dye. The primary concrete provider in the County, Monroe c� Concrete, would not allow color dyes to be added to their concrete, saying it would "void the cn warranty"for the concrete's strength and durability. Since the specified concrete color was "Gray", the color dye was omitted. The credit represents the price of the color dye additive. U X 2) As per the West change proposal request, additional time to the contract will be determined at a later date. 0 U U) CPR#15 Lighting Fixture Color Change $ 2,160.25 i The following issues require this change order: U 1) The color and finish of the light standards were specified in the plans and specifications. Upon submittal, CPH, the Architect, had a few questions about product options for the vendor of the light fixture and the electrical subcontractor. The Architect requested one of the alternatives c� presented, however the option selected was a higher priced one. This price increase was not made clear until after the material had been delivered to the site for installation. Packet Pg. 65 C.3.c 2) As per the West change proposal request, additional contract time will be determined at a later date. c CPR#16 Relocate Hose Reels-Combine to Air+Power $ 10,244.69 U) The following issues require this change order: 9= 0 U 1) Three sets of compressed air hoses and electric cords, along with their overhead reels were included on the plans. The location of the reels did not meet the requirements of the Fire Rescue Department, so a new location was requested. The original design called for separate air and electric reels. An alternate model, which combined both air and electric on the same unit were proposed and accepted by Fire Rescue as they would be more efficient to use and maintain. c This change includes an upgrade to the newer model and relocation of all structural, air and electric services. LO 2 2) As per the West change proposal request, additional contract time will be determined at a later date. c 0 U CPR#17 De-Con Shower Fixture Change $ 1,203.48 L- The following issues require this change order: 1) The decontamination shower was originally designed with all plumbing embedded in the concrete block wall. As the structural CMU wall was being constructed, it was noticed that the wall for the shower fixture was filled solid with concrete. The shower fixture and plumbing lines could have t3 been wall-mounted, however this was not an aesthetic or easy to maintain option. This change a c provides a wall mounted shower fixture with plumbing lines and shower controls in a single enclosed unit. 2) As per the West change proposal request, additional contract time will be determined at a later date. U) 0 U 0 CPR#18 Steel Plates to Stabilize Stairwell Block Wall $ 7,903.69 Z c� The following issues require this change order: Ci 1) At the bottom of the stairs from the mezzanine to the apparatus bay, the stairwell is enclosed by a UI fire rated CMU wall. The plans originally called for L-brackets at the top of the wall which would be welded to the steel beam above. This arrangement by itself would have been very difficult to W install fire-blocking. An alternate design was proposed to replace the L-brackets with welded U) steel plates and concrete dry-packing to meet structural and fire-rated requirements. This 0 proposal was discussed with the Architect and the Building Inspector and approved. U) 2) As per the West change proposal request, additional contract time will be determined at a later i date. CPR#19 Structural Fix for Generator Deck $ 19,826.82 U The following issues require this change order: E 1) After the Generator package was delivered and installed, it was found that the weight of the generator, plus a full tank of fuel, would exceed the design rating of the generator deck. The Packet Pg. 66 C.3.c Architect and structural engineers at CPH investigate several options and proposed a retro-fit of structural steel, bolted into the existing concreted. West provided temporary shoring until the retro-fit can be installed. CPH has provided signed and sealed drawings for the retro-fit, which g are attached to this change order. All construction materials and installations shall be conformant with the attached CPH Design. U) C 0 2) As per the West change proposal request, additional contract time will be determined at a later U date. CPR#20 Change door function with additional hardware $ 6,846.66 The followinq issues require this change order: c 1) The Door Schedule, provided in the original plans, were reviewed by the Fire Rescue Department LO and several modifications were requested. In addition to the garage doors, there are two standard doors on the ground level. The original plans and door schedule called for these doors to be Panic Bar operated from the inside with No Reentry from the outside when closed. The c 0 Fire Rescue asked that these two doors be changed to add a key operable handle on the outside U to allow entry, via key only, from the outside. This would allow Fire Rescue personnel access to L- the apparatus bay without having to go upstairs to enter the building and then back down stairs to the bay. Also, two doors at the top of the stairwell from the Admin area down to the Apparatus Bay were also originally scheduled for Panic Bar operation with no reentry from the stair well. Fire Rescue requested these also be refitted with key operated handles to allow for re-entry to the building from the Apparatus Bay to the Admin area of the building. U 2) The lock hardware and lock cores for all doors were not specified to the County's current 29= standard, Best CoreMaxT"". This was corrected during the submittal review, but represents an additional charge to meet the current specification. 0 3) As per the West change proposal request, additional contract time will be determined at a later date. U) 0 CPR#21 Revision to Irrigation System $ 9,357.47 U 0 The following issues require this change order: Q 1) The original bid plans assumed that water service to the building would come from the US-1 side. Ci Ci FKAA required that all water service come from the La Fitte side of the building. The Fire Station UI requires three (3) water service connections (and 3 meters). The site plan was revised for the domestic water and fire flow service connections and only required re-routing the mains from US- W 1 to LaFitte. The connections to the building did not have to move. However the Irrigation plans U) were not revised until May 2020. The revised connection of the irrigation supply line required 0 "flipping"the supply line size and connection from US-1 to LaFitte and some minor re-design of the irrigation layout. Also, the size specified for the irrigation meter was only 518 inch and a 1.0 inch connection was needed to meet flow requirements.. However, by May 2020, the parking lot i was under construction and the subgrade was installed prior to trenching for the irrigation lines. This required the paving contractor to have to stop and re-mobilize to fix the subgrade after the revised irrigation line was installed.. Additional work was required of the plumbing sub, the U irrigation sub and the paving/site work sub. E 2) As per the West change proposal request, additional contract time will be determined at a later date. Packet Pg. 67 C.3.c CPR#22 Add Circuit for 61h Overhead Door Motor $ 1,334.37 The followinq issues require this change order: c c� 1) The original Architectural and Structural plans show 3 pairs of-gara-ge doors (6 doors total) and 6 total-gara-ge door openers along with structural attachment points. The Electrical plans show only 9= 0 5 electrical circuits for the 6 garage door openers. There were no inquiries prior to bid regarding U the discrepancy. The breaker panel has sufficient spare breaker space to accommodate the U' added circuit. Additional labor and materials are required to add the missing circuit. 2) As per the West chan-ge proposal request, additional contract time will be determined at a later date. c CPR#23 Relocate the termination of the new IT Conduits $ 1,918.76 The following issues require this change order: 0 1) The original plans showed the IT fiber service cables coming from the US-1 side of the project U site at a location near the north side of the building next to the Apparatus Bay doors. L- Underground conduits for this service were shown entering the building and passing through the apparatus bay and up through the floor to the IT room. These plans also showed the electric power service for the building coming from the LaFitte side of the project site to the transformer and then to the electrical room. After service was negotiated with Keys Energy Service it was determine that electrical service would have to come from the US-1 side and require a new secondary pole. At that time the County IT department agreed with the network service providers U to use that secondary pole and new conduit for the IT fiber cables. The Keys Energy contractor 29= provided the main conduit from US-1 to the building and pulled their fiber cable. The electrical sub to West provided the conduit to make the final connection to the IT room. This was additional Uj labor and materials not on the original plans. 2) As per the West chan-ge proposal request, additional contract time will be determined at a later date. 0 c U 0 CPR#24 Relocate Domestic Water Booster Pump Power $ 573.24 z The following issues require this change order: Ci N 1) The original plans showed the domestic water booster pump located outside the building near the entrance of the main service line. Prior to installation, the outside location was determined to be U a maintenance problem. An alternate location, on the compressor platform next to the x mezzanine, was selected. This new location was approved by the Architect/Engineer of Record. 1 U) This required a minor relocation of conduit and electrical circuits. a 0 U 2) As per the West chan-ge proposal request, additional contract time will be determined at a later date. CPR#25 Tile Corner in Lieu of Bullnose Tile $ 278.03 U The following issues require this change order: 1) The ceramic wall the specified for the kitchen and bath areas, and proposed by the Contractor, E did not have a matching bullnose the as specified in the original plans for terminating finish the at door and wall edges and around windows. The Contractor recommended, and the Architect Packet Pg. 68 C.3.c approved, the use of a color matched vinyl edge guard to provide a finished edge at required locations. This change order is for the cost of materials only as installation was not an additional expense. e c� 2) As per the West change proposal request, additional contract time will be determined at a later date. a 0 t) CPR#26 Upgrade Fuel Dispensing Hose to 100ft. $ 2,223.68 The following issues require this change order: 1. This is a County requested proposal to upgrade the fuel dispensing system on the Generator fuel g tank from the original specified 60 feet of hose with reel to 100 feet of hose plus (a larger) reel. The fuel dispensing system was designed to allow fueling of Fire Rescue vehicles from the Generator fuel tank in times of emergency. The originally specified 60-foot hose would only reach one side of a vehicle parked in the closest spot available. The 100-foot hose will enable c fueling of vehicles with fuel tanks on either side. t) 2. As per the West change proposal request, additional time to the contract will be determined at a L- later date. t) c x 0 U) 0 U 0 c� Ci CN t) x U) a 0 t) U) t) E c� Packet Pg. 69 C.3.c CPRs #5, 21, and 22 Resulted from A/E errors but staff does not recommend pressing and E&O claim — the reasons are contained below c CPR#5 Increased wall thickness of beam $ 2,568.95 U) CPR#21 Revision to Irrigation System $ 9,357.47 0 U U) CPR#22 Add Circuit for 61h Overhead Door Motor $ 1,334.37 Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: CPR#5 - - The increase in beam wall thickness was added by the Architect upon review of the shop drawing submittal for structural steel. This increased the weight and cost of this beam. U CPR#21 - - The bid set of plans did not include the correct location for all water service to the project site. CPR#22 - - The bid set of plans included only 5 circuits for the 6 garage door openers and did not include a 6 dedicated circuit. • Change Order was included in the original specifications. Yes ❑ No ® U c If Yes, explanation of increase in price: X • 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: U 0 • Project architect approves the change order. Yes ® No ❑ Q c� If no, explanation of why: Ci N T- • Change Order is correcting an error or omission in design document. Yes ®No ❑ U X Should a claim under the applicable professional liability policy be made? Yes ❑ No ® i U) a Explain: c CPR#5 -- The Architect caught the error in beam wall thickness during shop drawing submittal review and prior to fabrication and construction, resulting in only an increase in materials cost. CPR#21 - - Although the bid set of plans showed an incorrect location for water service, there was i ample time for revisions to avoid the re-work required to put in the irrigation after the parking lot subgrade had been installed. This is poor management by the Contractor and was not the fault of the Architect. U CPR#22 -- The 6th circuit for the 6th garage door opener was clearly omitted from the plans. However, it is not clear that the electrical sub would have only bid 5 circuits when it was easy to see that 6 garage doors needed to be functional. The omission should not have resulted in an increased price. c� Packet Pg. 70 C.3.c CPRs #7, 10, 11, and 19 Resulted from A/E errors but staff will pursue E&O claim — the reasons are contained below c CPR#7 Tower Dimensions Discrepancy $ 2,780.25 U) CPR#10 Added Column to Mezzanine $ 1,529.69 0 U CPR#11 Decking for Canopies over Apparatus Bay Doors $ 33,266.83 CPR#19 Structural Fix for Generator Deck $ 19,826.82 Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ 0 If Yes, explanation: c 0 CPR#7 - - The plans provided to all bidders contained a discrepancy in the dimensions shown on the U architectural plans (Sheet A1.0) versus the dimensions on the Structural Plans (Sheet S2.0) regarding L- the tower walls and elevations for the northeast corner of the building — at the main entrance. The original Structural details also did not provide clarity. RFI#26 addressed this discrepancy, however the response from the Architect(CPH) was insufficient to resolve all dimensions. The forms for the beams in this area were sized based on the structural plans, however these dimensions were 2 feet shorter than the dimensions on the architectural plans. Since the discrepancy only affected the projection of one short wall at the tower/corner, the contractor made the adjustment and increased the projection by 2 feet, including adjusting the reinforcing steel. No additional materials were required. This change U order involved labor only. 0 CPR#10 - - Regarding the excessive deflection in the mezzanine beam, the Architect reviewed and approved the Contractor's shop drawings, including the location of field welds. Under load the installed beam was found to be deflecting excessively. The Architect recommended a new column to add support and provided revised structural plans. CPR#11 --Because the original design was incomplete, additional materials and work was required to properly install the framing, roofing and soffit materials for these canopies. CPR#19 - - The West-proposed generator package was based on the original basis of design and 0 specifications. The original design was apparently based on only one generator package example c weight—not the generator proposed by West(which was listed as the basis of design). Z c� Ci N • Change Order was included in the original specifications. Yes ❑ No ® UI If Yes, explanation of increase in price: X U) a 0 • Change Order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ❑ No ® L) U) If Yes, explanation as to why it is not subject for a calling for bids: • Project architect approves the change order. Yes ® No ❑ L) If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ®No ❑ c� Packet Pg. 71 C.3.c Should a claim under the applicable professional liability policy be made? Yes ® No ❑ Explain: CPR#7 - -As described above, there was a clear discrepancy in the plans between the architectural and structural sheets. This discrepancy was exacerbated by conflicting information contained in supporting structural details. The contractor used the structural plans and details to form the building beams and floors. This discrepancy was not discovered until a late stage in the project, after the c structural beams had been formed (but not poured). The wall construction in this area was being planned and the dimensions did not match. CPR#10 - - Regarding the excessive deflection in the mezzanine beam, the Architect reviewed and approved the Contractor's shop drawings, including the location of field welds at an intermediate column. CPR#11 -- The original design was incomplete and not conformant with applicable building codes 2 CPR# 19 -- The design load of the original generator deck did not meet the actual weight of one of the commercially available generator packages that were listed in the plans and specifications as the basis LO of design. The retro-fit and repair costs of this change order will greatly exceed the cost of a minor increase in concrete and reinforcing steel that would have been needed if the original design had been sufficient for the weight of all possible generators specified for this project. The retrofit itself and the .0 cost of the repairs do not add value to the project. U c t3 c X 0 U) 0 U 0 c� Ci N U X U) a 0 U U) U E c� Packet Pg. 72 C.3.c CPRs # 8 & 18 Resulted from Scope items included in the original bid but for which staff requested changes CPR#8 IT System Furnish &Install $ 13,822.90 U) CPR#18 Steel Plates to Stabilize Stairwell Block Wall $ 7,903.69 0 U Change Order Attachment per Ordinance No. 004-1999 n • Change Order was not included in the original contract specifications. Yes ® No ❑ ' If Yes, explanation: CPR#8 -- The original plans did not include conduits and cabling for network and telephone systems. 0 After award, the County worked with the IT Department and Fire Rescue to locate required data and telephone jacks. The Contractor was asked to provide a proposal to furnish and install these IT U components. L- CPR# 18 - - The design was determined to be difficult to construct and meet all requirements. The proposed change will meet all structural and fire rating requirements, while provided added value in the form of reduced long term maintenance • Change Order was included in the original specifications. Yes ❑ No U If Yes, explanation of increase in price: a c X • Change Order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ❑ No 0 If Yes, explanation as to why it is not subject for a calling for bids: U) 0 U 0 • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: Ci • Change Order is correcting an error or omission in design document. Yes ❑No ® i U LU Should a claim under the applicable professional liability policy be made? Yes ❑ No ® X LU Explain: U) a 0 U U) U E c� Packet Pg. 73 C.3.c CPRs # 12,15, 16, 17, 20, 23, 24, 25, & 26 are scope items not included in the original bid but for which staff requested changes CPR#12 Credit for Color Concrete $ (1,466.29) CPR#15 Lighting Fixture Color Change $ 2,160.25 0 U CPR#16 Relocate Hose Reels-Combine to Air+Power $ 10,244.69 CPR#17 De-Con Shower Fixture Change $ 1,203.48 CPR#20 Change door function with additional hardware $ 6,846.66 c CPR#23 Relocate the termination of the new IT Conduits $ 1,918.76 CPR#24 Relocate Domestic Water Booster Pump Power $ 573.24 CPR#25 Tile Corner in Lieu of Bullnose Tile $ 278.03 c CPR#26 Upgrade Fuel Dispensing Hose to 100ft. $ 2,223.68 Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ❑ No c If Yes, explanation: X • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: U) 0 U 0 • Change Order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ❑ No ® z- ci If Yes, explanation as to why it is not subject for a calling for bids: Ci N V- U • Project architect approves the change order. Yes ® No ❑ W If no, explanation of why: 1 U) a 0 • Change Order is correcting an error or omission in design document. Yes ❑No ® U U) 0 Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: CPR#20 -- The original plans and specifications included a Door Schedule and lock core specification U but did not meet the most recent County standards for lock specifications. There is no evidence that the Architect was given the latest standards during design. CPR #23 - - The change in location from where to locate the IT Fiber Service cable was based on a E County decision. CPR#24-- The new location of the booster pump improves long term maintenance and life cycle costs and therefore represents value added to the building. Packet Pg. 74 C.3.d of BOARD OF COUNTY COMMISSIONERS County � .y h �� �� ������ "" Ma.yaym V leather Carruthers,District 3 tq Ma.)orPrro ern Michelle Coldirror.,District 2 The Florida KeysCraig Cates.,District I David Rice.,District 4 U) Sylviau.J Muarrphy,V i wtrrict.5 Memorandum 0 0 DATE: 10/02/2020 c, TO: BOCC L- Digitally signed by Kevin G.Wilson,P.E. DN:cn=Kevin G.Wilson,P.E.,o Monroe County, L- FROM: Kevin G. Wilson, P.E. ,,.. i'�"`, ..,... FL(the Florida Keys,ou,email wilson- kevin@monroecounty-Fl.gov,c=US 0 Date:2020.10.01 17:27:21-04'00' 0 SUBJECT: Proposed Change Order to be Approved U Attached is proposed Change order#5 for the Cudj oe Fire Station No. 11 project. This change order increases the final contract sum by $7,425.71. The substantial completion date is increased by 30 days. �i 0 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 0 Commissioners with at least 24 hours to review them and pose any questions or objections that they may 0 have. It is the Administrator's intent to approve the attached change order under that authority on Monday, October 5, 2020. 0 U i x i U) 0 U U) i U E c� Packet Pg. 75 C.3.d CoNTRAcr CHANGE ORDER PROJECT TITLE: Cu joe Fire Station No. 11 INITIATION DATE: 12JI812019 C NO: U- TO CONTRACTOR: West Construction,Inc. 0 CONTRACT DATE:0811612018 U The Contract is changed as follows: 0 The original(Contract Burn)(Guaranteed Maximum Price),....... ............................ro.oa.... a664,165.00 Net change by previously authorized Change Orders,,.....ae.a.,eam....................................... $30,320,2V.22 The( on#fact qW)(Guaranteed Maximum Price)prior to this Change order was........., —, $3a 14,5m, '.22 The Contract,hum,)(Guaranteed Maximum Price)will be(increased)(decreased) $7,4 5.71 t3 (unchanged)by this Change Order....„,,..a ae oe a e e a a The new(Contract urn,)_(Guarantee aximum Price)including this Change Order is.. ... 3,9 1, ,m "".93 The Contract Time will be increased )(decreased)(unchanged)by...,........„ma..,.u,.a..wWa,.„ days The date of Substantial Completion a p s ofthe date of this Change Order is,..,,,,..mo.,..,.,..,,, 12/31l1 0 Detailed description of change order and justification; There is one issue that re ulres this ch nc ...gLder U) co 9) 71tis chi girder is necessitated vlsioras to they ec anical and Electrical plans after the bid The 0 revisions were made to improve the efficiency and comfort level of ht VAC in the fire station bunk rooms. The revisions were recorrrrnencfeci b the Archifect and their F�en inset after a -corn °sslonlrA review, The revisions were off mall ire eyed In a 2 19 and submitted to the uildin C)e artrrrent in a� Julv2019, The HVAC Contractor had seve l uestions about the HVAC de 6gr1 in engirt and about these ecffic revisions. aeso&tn these uesCions as well as reviewin and resolvlrr the r� sed �' chance order took several weeks restLidn In a total dela to the ro° ct of 30 dam ui This change order is A.19%of the original contract pdce. Not valid until sl ins b �rr� rchitec if a licable and Contractor U i X �� uti [late CONTRACTOR: DateDigit i PROJECT MANAGEMENT Cary Knight Date � ight Ul) 2020.09.0310:0754n04'00' DIRECTOR Dig Ily 9 d by Ke 6 W V.E. Date F /, DN K -6.Wils VE �M oe County, P 4 / .., �4 Eq'p� F FL(n H -d-KYs,n -I n- aed ADMINISTRATOR: � I � DaV 2020 10 05 09:3 1111 04 00 COUNTY/ASSISTANT Roman Gastesi Cate E E Kevin Wilson Christine Hurley Packet Pg. 76 C.3.d Change Order Attachment per Ordinance Change Order was not included in the original contract specifications. Yes 10 No El If Yes,explanation: The original bid lane were complete and included manually controlled variable air LL volume(VAV)controls A review of the plans after bid showed that both efficiency and comfort levels In the fire station bunk rooms would be Improved by changing the VAV to motorized dampersand 0 Individual thermostats In each of the four(4) bunk rooms. This revision was recommended by the Architect and approved by the County. U 0 Change Order was included in the original specifications. Yes El No If Yes,explanation of increase in price; s Change Carder exceeds$50,000 or %of contract price(whichever is greater). Yes No If Yes, explanation as to why it is not subject for a calling for bids: X a Project architect approves the change order. Yes M No El E If no® explanation of why: U Change Order is correcting an error or omission in design document. Yeas fro „ � Should a claim under the applicable professional liability policy be made? Yes® No ca IEx lalfr 0 ca c� i U X i U) 0 U U) LO U ca Packet Pg. 77 C.3.d Change Proposal Request (CPR) ProposalProject Information Change Project# 18-1320 CUDJOE KEY FS11 Contract# 001 _ Title CUDJOE KEY FS-11 CPR# 006 Address 22352 Overseas Hwy Issue Date 20-Aug-2019 0 Subject Revision 5 Mechanical Upgrades City,State,Zip Cudjoe Key,FL 33042 Country LL Prime Contract Company • 0 Contact Christopher Fazio Contact Cary Vic Company West Construction,Inc. Company Monroe County U Address 820 North 4th St. Address 1100 Simonton Street L- 4- City,State,Zip Lantana,FL 33462 City,State,Zip Key West,FL 33040 Country United States Country United States Phone 561-588-2027 Phone 305-292-4429 Fax 561-582-9419 Fax Description of the proposed change: U As Per M1.2 Revision 5 dated May 20,2019. 9= Additional 4 motorized dampers for each bunk room. Controls and programing to comply with requested sequence of operation. As per M6.1 Revision 5 dated May 20,2019. Provide 1 -20A,120V circuit and electrical connections for the four motorized dampers. 0 E Net Amount of this Proposed Change: $7,425.71 u) The Contract time due to this Change Proposal Request is to be determined at a later date. U This document,when fully executed as accepted,shall constitute authorization to proceed with the work described herein. 0 Submitted By Response: ❑Accept ❑ Do Not Accept West Construction,Inc. Monroe County Company Company 0 October 24,2019 By Date By Date 1 U X I U) Proposed Items 0 Item# Item Description Quantity Unit Unit Price Su btatal U 1 New Circuit conduit,wiring and connections for the four motorized dampers 1 LS 1,400.00 1,400.00 at the bunk rooms 2 Four Motorized Dampers for the bunk rooms 1 LS 3,500.00 3,500.00 1 4 Printing Construction Set of Plans 1 LS 480.82 480.82 5 Protect Mana ementand Coordination 1 LS 1,500.00 1,500.00 6 Builders Risk Insurance 1 LS 68.8082 68.81 7 Performance and Payment Bond 1 LS 132.0429 132.04 U 8 Change Order Work by Subcontractors Only 1 LS 344.041 344.04 Subtotal=$7,425.71 Tax=$0.00 Total=$7,425.71 Page 1 of 1 Packet Pg. 78 C.3.d VAAECH MECHANICAL CONTRACTORS VMECH, Inc. 15925 Nw 49 Av. V'A fl I!I NO O Miami Gardens,FL,33014 01A,I I1 July 23,2019 305-922-5250 a� ilcc(ax�rl e.cllha c.c2122. ,— O TC7 Christopher Fazio West Construction t' 820 North 4th Street 0 Lantana,Florida,33462 561-379-3605 �9 SALESPERSON PAYMENT TERMS DUE DATE 10 COD TBD C3 O DESCRIPTION AMOUNT x As per M1.2 $ 3,500.00 0) Additional 4 Motorized Dampers for each bunk room Controls and programing to comply with requested sequence of operation Installation and labor included U O O a tt9 C3 x e) a O C3 e) 0) LO TOTAL DUE $ . 3,500.00 C3 4i E U Packet Pg. 79 C.3.d ■" ■i ■!"w.!/ice% %wi r; Project: Florida Keys Electric, Inc. Cudjoe Key Fire Station#11 5730 2nd Avenue 22352 Overseas Highway Key West FL. 33040 Cudjoe Key, FL. 33042 305-296-4028(o)305-296-9283(f) October,23 2019 To:Subcontractor/Vendor Contract Date: N/A 0 Contract No.: N/A Change Order No.: 003 U Scope of Work: Labor and material for the installation of 1-20A, 120V circuit and electrical connection of the 4 0 motorized dampers added in the bunk area. U The contract is hereby revised by the following items: a Labor and Material: $ 1,400.00 x The original contract value was The net change by previously authorized Change Orders is $ - The Contract Value prior to this Subcontract Change Order was 0 The Contract Value will be changed by this Subcontract Change Order in the amount $ 1,400.00 0 The new Contract Value including this Subcontract Change Order will be The Contract duration will be changed by 0 Days 0 Please sign and return all copies to our office within 7 days.After our signature,a copy will be returned to U you. c� CONTRACTOR SUBCONTRACTOR/VENDOR West Construction Florida Keys Electric, Inc. U 820 N.4th St. 5730 2nd Avenue W Lantana, FL. 33462 Key West, Florida 33040 1 a 0 t3 Chris Fazio By.: Raymond Vazquez Signature: Signature: , � Title: Construction Manager Title: President U Date: Date: c� Packet Pg. 80 The UPS Store - #6896 181 Key Deer Blvd Big Pine Key, FL 33043 (305) 414-8347 07/19/19 04:16 PM We are the one stop for, all your shipping, Postal and business needs, We offer all the services You need to keep your business going, U L- 001 039015 (024) Tl $ 145.50 0 Blueprint QTY 97 Reg Unit Price 1,50 002 500009 (024) Tl $ 291.00 81W BLUEPRINT 2X3 QTY' 97 U Reg Unit Price $ 4,00 Override Price $ 3,00 003 038558 (017) T1 4.00 x Spine QTY 2 W Reg Unit Price 2.00 0 E SubTotal $ 440,50 U) State Sales Tax only (TI) 40.32 0 Total 480,82 0 z CHASE VISA 480,82 ACCOUNT NUMBER ************8688 Appr Code-, 08755E (1) Stile ENTRY METHOD: ChIpRead MODE,- Issuer AID: AOOOOO00031010 TVR: 0080008000 TS1, F800 U W AC: 49BE474054E26673 x ARC: 00 W U) 9= 0 U Receipt ID 82165152887903880630 196 Items U) CSH, Heidi' Tran: 5341 Reg: 002 LO Thank You for visiting our store. Pkg Tracking www.theuPsstorelocal.com/6896 0 U Whatever your business and personal needs, we are here to serve you, E Packet Pg. 81 .2 MoNwE CouNTY/ENGiNEERiNG/ PROJECT MANAGEMENT U) CONTRACT CHANGE ORDER a 0 U PROJECT TITILE- U) Cudjoe Fire Station No. 11 INITIATION DATE: 11/12/2019 CHANGE ORDER NO: 04 TO CONTRACTOR: West Construction, Inc. CONTRACT DATE: 08115/2018 The Contract is changed as follows; u- 0 The original (Contract Sum) (Guaranteed Maximum Price)................................... $3,884,185.00 .0 Net change by previously authorized Change Orders.................................................... $30,320.21 'a .22 = U The (Contract Surn) (Guaranteed Maximum Price) prior to this Change order was.......... $3,914,505,21" .22 - 12 The(Contract Sum) (Guaranteed Maximum Price)will be(increased) (decreased) $0 (Mnc n g bAA _q) by this Change Order................... The new(Contract Sum) $3,914,157.19 0 _(Guaranteed Maximum Price) including this Change Order is.... The Contract Time will be(ancreaspd) (decreased) (unchanged) by........................ 19 days The date of Substantial Completion as of the date of this Change Order is................ 12/01/2019 U Detailed description of change order and justification: There is one issue that requires this chap order., X 1) The,Contractor,lies experienced delis due to circumstances that were not within their control. W 0 First, the structural plans for framing of the roof towers at the deck were,missing sEppgLf ang/es, E 7"/7is inforinalLon was n7issLng from,the bid set of plans ,and was not discovered during the reviow of s/roP drawinas. This caused as de/a of 14 day, forRFlariddesigr)revisiotsb� 7-_Architect 0 plus steel fabrication. Second, a deli v of 5 days was caused bv the awroach of Hurricane 0 Dorian, which red uired the Contractor togredare for the storm and shut(]own the Job site, Z This change order is%of the original contract price. N Not valid until signed by Owner,Architect if applicable), and Contractor V-I L) W X CI, none W Date U) 0 CONTRACTOR: L) to U) DIRECTOR PROJECT MANAGEMENT a 0 COUNTY/ASSISTANT ADMINISTRATOR: 13 DEC 2019 U R n Gastesi Date Kevin Wilson Christine Hurley E Packet Pg. 82 C.3.e - Change Order Attachment per Ordinance No. 1999 U) a 0 U U) • Change Order was not included in the original contract specifications. Yes ❑ No If Yes, explanation: • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: 0 0 • Change Order exceeds$50,000 or % of contract price (whichever isgreater). Yes El No U If Yes, explanation as to why it is not subject for a calling for bids: L- • Project architect approves the change order. Yes Z No El 0 If no, explanation of why: U • Change Order is correcting an error or omission in designdocument. Yes ❑ o M a Should a claim under the applicable professional liability policy be made? 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Cu)' @ •4a"Ma'.. .cx ,+"; as `� C..A m� ® M "fm°.-. dp q M.d Ck 4A .a fc � In � fdi Em > w r ay C", E @A n�.. i to u 0 a v �0 — 09 E 0. ai ea n' � ` r r C'ir GrB9 1 �� u , z w htp / f' i'r. r @ @ a+ vro P61 fiW v G D ¢0 tdt (Y9 tm f., PA {n @ LL V9 Y: W ®P91ll8fftgv%4b A , _ 1� U. O Qv C'S I{5 ME, �mM1 �'y v _ N N PJ til N N M tV 1, 1 11 t Packet Pg. 87 Vick-Cav From: Christopher Fazio <CFazio@westconstructioninc.net> .2 Sent: Friday, September 6, 2019 9:53 AM To: Vick-Cary; Uzun, Ilker (AIA); sanders-steven U) C Cc: Matthew West; Michael Lilly;Adeline Tomlinson;Al Altun 0 L) Subject: Cudjoe Key FS1 1 - Updated Owners Critical Path Schedule U) Attachments: Cudjoe Key Fire Station # 11 September 6 Update.pdf CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or 0 open attachments you were not expecting. Ca ry, U_ Please find attached our updated CPR Schedule. 0 Note the two recent delays to the critical path are included as lines 114& 116. U Our revised substantial completion is November 29 with the Final Completion on 12/31/19. L_ Christopher Fazio Construction Manager/ Field Superintendent 0 MR L) m West Construction, Inc. 820 North 4 1h Street, Lantana, Florida 33462 Phone: 561-588-2027/Fax: 561-582-9419 Cell: 561-379-3605 XW E-mail: cfa i 0 ��.p@_Wft�tcLgnstructionin:c.Tiet Web: www.westconstructioninc.net / www.west-arch.com E 91 -­-­.......................................YOLI can find uson Facebook U) hA Please consider the environment before printing this ernail 0 U 0 Z N T_I U W X W U) C 0 L) U) 0 U E Packet Pg. 88 C.3.f MONROE F PROJECT MANAGEMENT CONTRACT U) a 0 PROJECT TITLE: U Cudjoe Fire Station No. 11 INITIATION DATE: 0726/ U) CHANGE ORDER NO: 03 TO CONTRACTOR: ( ) West Construction, Inc. CONTRACT DATE: 08115/2018 The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price)................................... 3,8 ,15. 0 0 Net change by previously authorized Change Orders..................................................... $27,972.19 The(Contract Sum (Guaranteed Maximum Price) prior to this Change order was.......... 3, 12,157.19 U The Contract Sum) (Guaranteed Maximum Price)will be(wncre sew)(decreased) $2,348.03 0 (unchanged) by this Change Order................... The new(Contract Sur )_( uaranteed aximum Price} including this Change Order is..., $3,91 ,505., 1 22 The Contract Time will be(incr ed) (decreased) (unchanged) by........................ 0 days The date of Substantial Comp etion as of the date of this Change Order is................ 11/12/2019 U Detailed description of change order and justification: a 0 There is one issue that requires this dfaan e otrier; X 1) .fit tla� d to he,added to the decoritarnination shower alreadv designed for this fire station, A make and model similar to E eye wash stations installed in other Coui7tv fire stations was pfoposed. The Contract laas � 0 provided flee atfachr.el tNote, to rrtstall tlr�s d e wwash station.,. � 0 This change order is 0.06% oft the original contract price. Z 0) Not vapid until si ned by Owner Architect if applicable),and Contractor00 U X C I: none W Date CONTRACTOR: U w ate r DIRECTOR PROJECT MANAGEMENT +� Datb COUNTY/ASSISTANT ADMINISTRATOR: P � ... ° 27 AUG 2019 U Roman Gastesi Date Kevin Wilson E Christine Hurley Packet Pg. 89 Change Order Attachment per Ordinance No. 004-1999 .2 U) a 0 U Change Order was not included in the original contract specifications. Yes Z No U) If Yes, explanation: The original design for this station includes a decontamination shower in the apparatus bay. Based on the current building codes, the decontamination shower serves as both a full body shower and a face & eye wash, therefore a separate eye wash station is not required by code. Every other fire station in the County has an eye wash station, but only a few have a .2 decontamination shower. The Fire & Rescue Department is requesting the addition of an eye wash station, so that staff that may not be familiar with a decontamination shower will be able to quickly use the eye wash instead. U- 0 0 Change Order was included in the original specifications. Yes El No E U If Yes, explanation of increase in price: L- 0 4- * Change Order exceeds$50,000 or 5% of contract price(whichever is greater). Yes El No Z 0 If Yes, explanation as to why it is not subject for a calling for bids: U * Project architect approves the change order. Yes E No E] If no, explanation of why: X W 0 * Change Order is correcting an error or omission in design document. Yes E]No E E U) Should a claim under the applicable professional liability policy be made? Yes El No E 0 U Explai 0n: z 0) car 00 U W X W U) a 0 U U) 0 U E Packet Pg. 90 C.3.g MONROE CouNTYANGwERiNG1 PRojEcT MANAGEmEyr CONTRACT CHANGE ORDER r- 0 PROJECT TITLE: Cudjoe Fire Station No. 11 INITIATION DATE: 07/08/2019 CHANGE ORDER NO: 02 _ TO CONTRACTOR: (West CPR#002) 3 West Construction, Inc. CONTRACT DATE: 08/15/2018 The Contract is changed as follows: a The original (Contract Sum) (Guaranteed Maximum Price)....................................... $3,884,185.00 . Net change by previously authorized Change Orders..................................................... $26,000.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was......., $3,910,185.00 The Lgontract Sum) (Guaranteed lUi'axiraauna Price)will be(iincre�ased)(decreased) $1,972.19 (unchanged) by this Change Order.................... E The new(Contract Sum)_(Guaranteed Maximum Price) including this Change Order is.... $3,912,157.19 as The Contract Time will be (increased) (decreased) (Las ha_nge ) by............................. 0 days The date of Substantial Completion as of the date of this Change Order is................. 11/12/2019 Detailed description of change order and justification: There is one issue that re wires this change order: X 1) The water heaters ecified in t/'Lg bd.doc,uments for the Fire Station is art AO Smith 80 al. 240 sirup hale r'nodewl. The power service at the breaker pane/is desk ned for 208 v sirs le nhase. The AO Smith model cannot be converted to 208 v without voiding the warrant' The U) r conaraaended water heater is a State 8t)c r . 2Q8 vv Wiese model wvlfich will match the available nower�:t the anel lrrs offer heat pump caa mbilities which will be raaarc/a naorae Q17efg o efficient and therefore higher scoring a nder FGBC standards. This change order is 0.05% of the original contract price, i Not valid until signed by Owner Architect it applicable),and Contractor I CEI: none _a, U)Date 0 °. to CONTRACTOR: , 8° 13 Date04 as DIRECTOR PROJECT MANAGEMENT Date COUNTY/ASSISTANT ADMINISTRATORS Ci.. ,r _m, 27 AUG 2019 .. 6n in Gastesi Date Kevin Wilson Christine Hurley Packet Pg. 91 Change Order Attachment per Ordinance No. 004-1999 U) 0 U Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The original design recommendation for the AO Smith model was for a 240V single phase model. The standard design for the electrical service is for 208V single phase. Since the AO Smith model was very specific to the 240V requirements, it would not be suitable for this a installation. The recommended model is a very high efficiency, heat-pump based model that will work .2 with the electrical system design and provide higher FGBC scores. Change Order was included in the original specifications. Yes ❑ No 0 0 If Yes, explanation of increase in price: U 0 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: g X Change Order is correcting an error or omission in design document. Yes ❑No 0 Should a claim under the applicable professional liability policy be made? Yes ❑ No ® E Explain: 0 U 0 0) 00 c� U X U) a 0 U U) N U U E c� Packet Pg. 92 C.3.h MONROE CouNriy1ENGwEERiNG1 PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: Cudjoe Fire Station No. 11 INITIATION DATE: 07/24/2019 CHANGE ORDER NO: 01 _ (West CPR#001) 3 TO CONTRACTOR: West Construction, Inc. CONTRACT DATE: 08/15/2018 as as The Contract is changed as follows: The original (�Qontract Sum) (Guaranteed Maximum Price)........................................ $3,884,185.00 Net change by previously authorized Change Orders.................................................... $0.00 as The(Co ntract Surat) (Guaranteed Maximum Price) prior to this Change order was................. $3,884,185.00 E The (Contract Sum) (Guaranteed Maximum Price)will be (increased) (decreased) as (unchanged) by this Change Order.,.... . ,. $26,000.00 The new(Contraot Sum) Maximum Price) including this Change Order is.,,......$3,910,185.00 The Contract Substantial eo c tr ) (decreased) (unchanged) by.......................... ,. ...... 0 days The date p s of the date of this Change Order is.......... ..... .. 11/12/2019 0 Detailed description of change order and justification: as X There is one issue that rtr uires Mis change order., E ) A forgo strata it ona tlae ro'ect site arras oiscravettart to contain a large r tray tit raf or` araic start ..� eror�fc�arart compacted flea pit to re ttrrttastaitt�le trraterral other unstailatale rnaterial. The rtontractor excavates/sand gdis oser9 of tlae filler/the excavated oil with cleats frrrr ted densit . T ae 0 CountZ and West Construction have mutual1v a reed tt parr an increased araaount of 26 000.00 0 t" r this additional work and materials, Not valid until si ned by Owner Architect if applicable). and Contractor 06 i C E I: none UIi Date .µ CONTRACTOR: Dat DIRECTOR PROJECT MANAGEMENT Date COUNTY/ASSISTANT ADMINISTRATOR: , a�a � � - v � . ... 27 AUG 2019 o an Gastesi Date Kevin Wilson °b E Christine Hurley 0 Packet Pg. 93 . C.3.h Change Order Attachment per Ordinance No. 004-1999 U) a 0 U • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The location of possible organic or other unsuitable materials was discovered by a Geotech survey conducted as part of the project design. However, the extent and quantity of such material was not completely defined by the Geotech report. Although the Contractor should have expected to encounter some unsuitable materials, the exact quantity and level of effort to remove and replace said material was not known at the time of bidding. LL • Change Order was included in the original specifications. Yes El No® 0 If Yes, explanation of increase in price: t j 0 • 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: U g • Project architect approves the change order. Yes ® No❑ If no, explanation of why: 0 • Change Order is correcting an error or omission in design document. Yes ❑No 0 Should a claim under the applicable professional liability policy be made? Yes ❑ No ® U 0 Explain: 00 c� I U X I U) 0 U U) I U E c5 Packet Pg. 94 a gs OL'Rrd 44'V� F 'fp, Kevin Madok, CPA �R �o� Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: August 24, 2018 U) a TO: Johnnie Yongue U Project Manager Tammy Sweeting Executive Assistant FROM: Pamela G. Hanco k, .C. SUBJECT: August 15a'BOCC Meeting 0 Attached is a duplicate original of Item C18, Contract with West Construction, Inc. for the construction of die New Cudjoe Fire Station at a total cost of$3,884,185.00, for your handling. L- 0 Once the Notice to Proceed is issued,please provide our office with the required Public Construction Bond and Builders Risk coverage. Should you have any questions,please feel free to contact me at extension 3550. U X 0 U) 0 U 0 00 LO 00 X c� 0 U 4i cc: County Attorney Finance U File i E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 95 2 Agreement Between Owner and Contractor U) Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of this Fifteenth day of August Two Thousand and Eighteen. BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 c- 0 4- And the Contractor: West Construction Inc. 820 North 4th St Lantana, FL 33462 For the following Project: Cudjoe Key New Fire Station #11 Scope of the Work " 0 The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as U) contemplated by the drawings and specifications, which are a part of this bid package. The U Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, 0 permits and any other means of construction necessary or proper for performing and completing 00 the Scope of Work, unless otherwise specifically stated. LO V- Provide all labor and materials necessary to construct the new Monroe County Fire Station, a 00 one story 8,007 square foot masonry and concrete building, along with site modifications, U improvements, and utilities; all as indicated in the contract documents. Work is to include w clearing, haul away of debris, and construction of all site work. The completed project will result , in a complete, habitable, weather proof, safe and secure finished building suitable for human occupancy in accordance with the specifications, drawings, and project documents. 0 The Contractor will be required to complete the permit application on file with their appropriate company and contact information. The Contractor will pay associated permit and inspection fees, as required by the city, county, local water service, and power service, or any other 0 U permitting agency as necessary for connection to utilities. The scope of work shall include, but not be limited to, all work shown and listed in the project i drawings and project manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which were part of the bid package. The c� Packet Pg. 96 Cudjoe Key New Fire Station #11 0 Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the scope of work, unless otherwise specifically stated. The project will be considered complete when a turned over to the County for occupancy and use as a fully functional and operational fire station U facility as deemed acceptable by the County. The Contractor shall be responsible for complying with regulations, approvals, and permitting by the: Monroe County Growth Management, Monroe County Building Dept., Fire Marshal, Monroe County Fire Department, Florida Green Building Coalition ("FGBC") and any other permitting or regulatory agencies as applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly adhered to at all times. ARTICLE 1 The Contract Documents U 0 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the Contractor's response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. U An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In a the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. X LU ARTICLE 2 The Work of this Contract U) The Contractor shall execute the entire Work described in the Contract Documents, except to U the extent specifically indicated in the Contract Documents to be the responsibility of others, or 0 as follows: N/A 00 ARTICLE 3 LO Date of Commencement and Substantial Completion 00 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the U LU Owner. X LU The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred Sixty Five (365) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for 0 completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. 0 Liquidated damages will be based on the Substantial Completion Date for all work, U modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. c� AGREEMENT Page 2 of 164 Packet Pg. 97 Cudjoe Key New Fire Station #11 FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day U $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be all extension of time on the Contract. 0 ARTICLE 4 Contract Sum 0 4.1 The owner shall pay the Contractor in current funds for the Contractors performance of 0 the Contract the Contract Sum of Three Million Eight Hundred Eighty Four Thousand One Hundred Eighty Five and 00/100 Dollars ($3,884,186.00), subject to additions and deductions as provided in the Contract.Documents. - 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: 1. Alternate# 1: Provide and install Bahama Shutters as shown in drawings and Specifications. U Eight Thousand One Hundred Fifty Four and 00/100 Dollars c (Alternate#1-words) x $8,154.00 (Alternate#1.7 numbers) U) 0 U 2. Alternate#3: Provide and install Double Dipped Galvanized finish column(s) as c shown on drawings. Z 00 Seventeen Thousand Nine Hundred Eighty Four and 00/100Dollars LO (Alternate#3-words) 00 $17,984.00 x (Alternate#3—numbers) c� 3. Alternate#4: Provide and install 2600 Gallon Diesel Tank for generator. The Tank footprint shall match the plans as shown. Provide all railing and ladder accessories as necessary. a Eleven Thousand Seven Hundred Eighty Five and 00/100 Dollars U (Alternate#4-words) i $11,785.00 (Alternate#4—numbers) c� AGREEMENT Page 3 of 164 Packet Pg. 98 Cudjoe Key New Fire Station #11 4.3 Unit prices, if any, are as follows: U) ARTICLE 5 0 Progress Payments U) 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract 2 Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 0 0 5.3 Payment will be made by the Owner in accordance with the Florida Local Government U Prompt Payment Act, Section 218.735, Florida Statutes.. L- 4- 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the U Director of Project Management, shall be used as a basis for reviewing the Contractor's a Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 0 0 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as z determined by multiplying the percentage completion of each portion of the Work by the 00 share of the total Contract Sum allocated to that portion of the Work in the Schedule of LO Values, less retainage of ten percent 10%. Pending final determination of cost to the 00 Owner of changes in the Work, amounts not in dispute may be included in Applications I for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net W cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. a U 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; E c� AGREEMENT Page 4 of 164 Packet Pg. 99 C.3.i Cudjoe Key New Fire Station #11 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General U Conditions. 5.7 Retainage of ten percent (10%) will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, ° "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. 0 0 ARTICLE 6 t i Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the U Director of Project Management. Such final payment shall be made by the Owner not more a than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion U) (4) Contractor's Affidavit of Debts and Claims U (5) Contractor's Affidavit of Release of Liens c (6) Final Release of Lien 00 (7) Contractor shall provide two (2) hard copies in tabulated divided binders and 17 one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) LO format delivered on a common form (i.e. flash drive) of all the following, but 00 not limited to: U X A. Project Record Documents (As Built Documents). c� B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. U) D. Keys and keying schedule. t0 E. Spare parts and maintenance materials. i F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final c� AGREEMENT Page 5 of 164 Packet Pg. 100 C.3.i Cudjoe Key New Fire Station #11 release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions c c, 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act c and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 0 7.4 Monroe County's performance and obligation to pay under this contract is contingent t i upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or U perform work as contractor, supplier, subcontractor, or consultant under a contract with a any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 0 7.6 The following items are included in this contract: U) a) Contractor shall maintain all books, records, and documents directly pertinent to U performance of any and all work under this Agreement in accordance with generally c accepted accounting principles consistently applied. Each party to this Agreement or 00 their authorized representatives shall have reasonable and timely access to such 17 records of each other party to this Agreement for public records and auditingLO purposes during the term of the Agreement and for four years following the 00 termination of this Agreement. If an auditor employed by the County or Clerk U determines that monies paid to Contractor pursuant to this Agreement were spent for W purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. 0 b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event t0 that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe i County, Florida. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them c� AGREEMENT Page 6 of 164 Packet Pg. 101 C.3.i Cudjoe Key New Fire Station #11 the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the U application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 0 d) Attorney's Fees and Costs. The County and Contractor agree that in the event any t i cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement ti shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, X delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. U 0 g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and 00 is, empowered to apply for, seek, and obtain federal and state funds to further the LO purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 00 U h) Adjudication of Disputes or Disagreements. County and Contractor agree that all W disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. U) i) Cooperation. In the event any administrative or legal proceeding is instituted against t0 either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities 1 related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this c� AGREEMENT Page 7 of 164 Packet Pg. 102 C.3.i Cudjoe Key New Fire Station #11 Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any U person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which 0 prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the U basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil c, Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article VII, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this U Agreement. c 00 k) Covenant of No Interest. County and Contractor covenant that neither presently has LO any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is 00 to perform and receive benefits as recited in this Agreement. U X 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 0 m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that i it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award c� AGREEMENT Page 8 of 164 Packet Pg. 103 Cudjoe Key New Fire Station #11 2 or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. U U) n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the ° County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide 0 by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding U and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. U Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to X perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or U copied within a reasonable time at a cost that does not exceed the cost e provided in this chapter or as otherwise provided by law. 00 V- LO (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 00 authorized by law for the duration of the contract term and following c) completion of the contract if the contractor does not transfer the records to X the County. c� (4) Upon completion of the contract, transfer, at no cost, to the County all public records in nnecaceinn of tha (-nnfrnrrfnr nr Iraankeep nnriand mninf�in ni ihlir, rarrnrric that would be required by the County to perform the service. If the U Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are t0 exempt, or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable i requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian c� AGREEMENT Page 9 of 164 Packet Pg. 104 C.3.i Cudjoe Key New Fire Station #11 of records, in a format that is compatible with the information technology systems of the County. U) a (5) A request to inspect or copy public records relating to a County contract U must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the 0 County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. t i 0 The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 306-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. E o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida U) Statutes, the participation of the Contractor and the County in this Agreement and U the acquisition of any commercial liability insurance coverage, self-insurance c coverage, or local government liability insurance pool coverage shall not be deemed 00 a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. LO 00 p) Privileges and Immunities. All of the privileges and immunities from liability, U exemptions from laws, ordinances, and rules and pensions and relief, disability, W workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 0 q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or c) Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon 1 the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it c� AGREEMENT Page 10 of 164 Packet Pg. 105 Cudjoe Key New Fire Station #11 be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 0 U r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement ° separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 0 s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, U and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. c, u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, U indemnify and hold the COUNTY and the COUNTY's elected and appointed officers Z and employees harmless from and against (i) any claims, actions or causes of 00 action, (ii) any litigation, administrative proceedings, appellate proceedings, or other 17 LO proceedings relating to any type of injury (including death), loss, damage, fine, 17 penalty or business interruption, and (iii) any costs or expenses that may be asserted 00 against, initiated with respect to, or sustained by, any indemnified party by reason of, U or in connection with, (A) any activity of Contractor or any of its employees, agents, X contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, U actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its t0 employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, 1 litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. c� AGREEMENT Page 11 of 164 Packet Pg. 106 C.3.i Cudjoe Key New Fire Station #11 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all U increased expenses resulting from such delay. Should any claims be asserted U) against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the LO indemnification provided for the above. w) Section Headings. Section headings have been inserted in this Agreement as a 0 matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any U provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its c, Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. U y) Agreements with Subcontractors. In the event that the Contractor subcontracts any e or all of the work in this project to any third party, the Contractor specifically agrees 00 to identify the COUNTY as an additional insured on all insurance policies required by LO the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as 00 additional insured. U X z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. U) 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by t0 United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: i For Contractor: Martha A. Morgan, President 820 North 4t' St c� AGREEMENT Page 12 of 164 Packet Pg. 107 Cudjoe Key New Fire Station #11 Lantana, FL 33462 561-588-2027 U) a 0 For Owner: Director of Project Management Assistant County Administrator, PW& E U 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8 g Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided. in Article 14 of the General Conditions. 0 ARTICLE 9 Enumeration of Contract Documents L_ 0 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: U a) Drawings: CS, C-1, Survey, C-2 thru C-13, L-1, L-2, TRA, IR-1, IR-2, GI-G4, AO.1, A1.0, A1.2-A1.4, A2.0, A2.1, A3.0, A4.0-A4.5, A5.0, A5.1, A6.0,A6.1, A7.0, A7.1, EO.1, EO.2, E1.1, E1.2, E2.1-E6.1, EPH-1, EPH-2, EPH-3, ES1-1, FAO-1, FAO-2, FA1-1, FPO-I, FP2-1, MO- 1, MO-2, MIA, M1-2, M1-3, M5-1, M6-1, PO-1, PO-2, P1-1, P1-2, P1-3, P3-1, S1-0, S1-1, S1-2A, S1-213, S1-3, S1-4, S1-5, S1-6, S2-Othru S2-5, S3-0 thru S3-5 b) Project Manual: Specifications Dated December 2017 U 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and c Contractor. 00 LO 9.1.2 The General Conditions are the General Conditions of the Contract for Construction which are a part of, incorporated herein, and attached this Agreement. 00 U 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the W Project Manual dated: December 2017 c� 9.1.4 The Addenda, if any, are as follows: 0 Number Date Page(s) 1 June 08, 2018 212 0 U U) i This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Contractor. c� AGREEMENT Page 13 of 164 Packet Pg. 108 Cudjoe Key New Fire Station #11 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW u 0 0 u 0 c, x 0 U) 0 u 0 00 00 x c� 0 u 4j U) 0 u U) i E c� AGREEMENT Page 14 of 164 Packet Pg. 109 Cu doe _Oy New FK, ire tati o.n Z at : o 0 E 3.... ... I Y�" I ontractor must be by a person with authority to bind the entity. C: rn 0 E PERSON EXECUTING THE DOCUMENT MUST BE NOTARIAM c-a BOARD OF COUNTY COMMIS$ibMRS 0 t rg , Clerk OF MONROE COUNTY, FLORIDA- rn CA), Deputy Clerk Mayor/Chairman 0 Date (SEAL) CONTRACTOR'S Witnesses Attest'. CONTRACTOR: West Construcyt'qn Inc;. .0 tontractor must p'r6vide two Witnesses -. U signatures Signature7-Y j- 0 4- MARTHA A. MORGAN Signature;,� Print Name i.,-_.. 0 Print Name, Title;- T-via un hew F. West Date U Date: 7 .2 and is W MONROE COUNTY ATTORNEY Signature. AppOb M Print Name _ U E 0 CHRIS AMBROSIO 0 z Title i �IzTANT' ATTORNEY; 00 DateD Z, *._ ate: Ul) 00 IIN STATE OF FLORIDA, CO TY U W On this c� 2 before me, the undersigned notary public, X y l W personally appe '. 1 g6�y�- M to me to be the person whose name is subscribed above o Vo produced... d as identification, and acknowledged that he/she is the person who executed the above contrad with Monroe County for Cudjoe Key 0 New Fire Statio the therein contained. Notary Pubj` ....: ..... .... U) ............ 0 z L) Print Name ALIRORAV'EGA U) My commission expires, Seal Notary Publfc—Stat.of Flo,j Ca Commission#GG 172827 My Comm.Expires Jan 7.2022 Sorded VOLigh NaJona;Notary Ass,,. E .............. ...................... ................... Page AGREEMENT Page 14 of 162 Packet Pg. 110 C.3.i t T ® DATEIMMIDDIYYYYi A�® CERTIFICATE OF LIABILITY INSURANCE 0612512018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS c) 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. 0 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. L) 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 endorsements. PRODUCER tzAMEA T Anthony Entenza JDA Insurance Group PHONE (561)296.0373 ac No, (561)828-0997 120 N Federal Hwy.,Suite#301 AtL danieti thejdagmup.com !NSUREoreti AFFORDINU COUERAGE uA,r Y Lake Worth FL 33460 INSURER A: Zurich American Insurance Company 16535 INSURED INSURERS: American Guarantee&Liability.Insurance Com any 26247 West Construction Inc.,West Architecture+Design,LLC INSURER C: American Guarantee&Liability Insurance Company 26247 820 N,41h Street INSURER D: American Guarantee&.Liability Insurance Company _26247 LL INSURER E: Zurich American Insurance Company .16S3S Lantana FL 33462 INSURER F: w - C) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: L) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD L_ 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 gPOLICIES. �LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L SR TYPE OF INSURANCE �•_vVY�f � �I POU Y NUMBER POLOICY EFF POLL i"EXP LIMITS X COMMERCIALGENERALLIABILITY EACHOCCURRENCE S 1,000,000.00 0) GLAIM&MADE a OCCUR PREMISESB a nron S 500.000.00 X Contractual Liability MEDEXP(Any one person S 10.000.00 A Y Y GL0039847301 01/0112018 01101/2019 PERSONAL&ADVINIURY S 1.000,000,00 L) GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2.000,000,00 0 C) POLICY jE�y LOC PRODUCTS-COMPIOPAGG s 2.000.000,00 OTHER: ( S. AUTOMOBILE LIABILITY -COMBINED SING f LI I s 1,000,000.00LU X. ANY AUTO BODILY INJURY(Per person) S 0) B OWNED SCHEDULED Y Y BAP039847401 01101/2018 01/01/2019 BODILY INJURY(Par accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY I LPgri WCe11lt. PIP S 10,000.00 0 BRELLA LIAR Ix�kEXCESSI.IAB X OCCUR � EACH OCCURRENCE_ s 12,000,000,00 C) C CLAIMS.MADE Y Y AUC039847601 901/01/201B 01/01/2019 AGGREGATE __ S12,000.000.00D l RETENTION 1 p�'^�M�v � 5 00 WORKERS COMPENSATION 1 X1 STA F �RH AND EMPLOYERS'LIABILITY D OFFICPEW6�IEI BER EXCLUDED?£C� YN� N f A Y WC039847501 011011201E 0110112019 E.L.IvE EACH ACCIDENT g 1,000,000,00 (Mandatory In NH) E.L,DISEASE-EA EMPLOYEE s 1,000,000.00 00 N s,des be under F a or CRIPTION OF OPERATIONS below t E.L.DISEASE-POLL Y LIMIT S 1.000.000.00 L) Properly(Rental/Leased Ltmit: S6001000,00 LU E Equipment) CPP039849401 01101/2018. 01101/2019 LU , DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is W GDNM Re:Cudjoe Key New Fire Station DAW The Certificate Holder is named as additional insured including products and completed operations for general liability per form UGL1175FCW,automobile O liability,and umbrella liability when required by written contract.General Liability and Auto Liability are primary and non contributory when required by written contract.Waiver of subrogation applies to general liability,automobile liability,umbrella liability,and workers'compensation when required by written contract � Umbrella extends over general liability,auto liability and employer's liability,Should any of the above described policies be cancelled,notice will be delivered in L) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE � THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. E 1100 Simonton Street AUTHORIZED REPRESENTATIVE .Suite 1-213 Key west FL 33040 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 111 C.3.i AGENCY CUSTOMER ID: LOC# O ARV ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED O JDA Insurance Group West Construction Inc„West Architecture+Design,LLC POLICY NUMBER r) CARRIER NAIC CODE EFFECTIVE DATE: , ADDITIONAL REMARKS O THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance cancelled,notice will be delivered in accordance with the policy provisions. O L3 O L3 a O x 0 E r) O U O 00 LO 00 , U x , c5 O U 4j r) a O U r) I c5 ACORD 101 (2008101) O 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 112