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5th Change Order 02/15/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 6, 2023 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Nicole Twyman Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: February 15, 2023 BOCC Meeting The following item has been executed and added to the record: C8 Change Order for time extension for the Bimini Drive Bridge Replacement Project on Duck Key. This change order extends the substantial completion date by 217 days at no additional cost. The extension is due to impacts to the project schedule that were not a part of the contractor's scope of work and were not due to his actions or inaction. This contract extension is to be retroactive and added to the existing contract expiration date of February 9, 2023 with a new substantial completion date of September 14, 2023. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 \ 1•NRsE COuN'ry/ENG EE.r ''.G/ F'' :O,EGT \ I i' . \AGEMEN T CONTRACT CHANGE • •' R ER. PROJECT TITLE: Bimini Drive Bridge(#904603) Replacement Project CHANGE ORDER NO: 5 INITIATION DATE: 1/26/23 CONTRACT DATE: 12/09/20 REVISED SUBSTANTIAL COMPLETION DATE AS OF THIS CHANGE ORDER#5: 9/14/23 TO CONTRACTOR:American Empire Builders, Inc. The Contract is changed as follows; The Original Contract Sum ...................................,....,................... $3,190,000.00 Net change by previously authorized Change Orders .................. $809,909.19 The Contract Sum prior to this Change Order was ..........................................$3,999,909.19 The Contract Sum increase by this Change Order#5.................... $0 The Contract Sum including this Change Order............... $3,999,909.19 As a result of various activities impacting the construction schedule, the contractor American Empire Builders, Inc. (AEB) is requesting 217 days for project delays to be added to the contract end date. The delays to the project schedule are as follows: 1. Design of the Bimini Bridge strengthening plans not included in bridge strengthening change order—20 days. 2. Temporary relocation of FKAA utilities—35 days. 3. Required utility relocations prior to beginning of project—51 days. 4. Delay caused by subaqueous directional boring issues on behalf of FKAA -86 days. 5. Contractor delayed due to material shortage for temporary pile walls—25 days. 217 additional days are added retroactively to the to the existing substantial completion date of February 9,2023 with no additional cost. This change order no. 5 revises the substantial completion date to September 14,2023. CONTRACT "� f/0(0/1:90:23 ayuany:Ignedbyluam,aarke P. Date ENGINEERING SERVICES DIRECTOR Judith Clarke,P.E. ��:,0�•07�6,52�„-05�� . -�,G�� Kevin G.Wilson,P.E. Date .ASSISTANT COUNTY ADMINISTRAT*,-- �I ,jif �� 2023.01.3009:23:47-05'00' �;{���=:��•�,�;��; ti�� :7..,. .��-,; __ r Date E';Y' ._. i5Y`a .). RAIG CATES dp' 4 ,. � :,. 2 512UL3 4.: C -g \° , ' Date �?`% Cf t, , pttt'ett 2X v n Madok, Clerk 44.1 'i, ,,,.,,n'-'-','',4 trV-0 iY f)obkrAyvi Ok Z CZ,' .,....;, .a l r �s epu �Clerk t- of ® . a'. A7 =IC y ,. •• n RY MONROE COUNTY ATTORNEY PPR .ED.AS TO POR ='� et 0 szt CHRISTINE LIMBERT.BARROWS ASSISTANT Co Nrryy ATTORNEY . DATE:• 1/20/23 r• • 4 Change Order Aftachment per Ordinance No. 004-1999 • Change Order was included in the original contract specifications. Yes❑ No M If Yes, explanation: • Change Order was included in the original specifications. Yes❑ No 0 If Yes, explanation of increase in price: • Change Order exceeds$25,000 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: This work is to be designed and performed by the original contractor. • Project engineer/CEI approves the change order. Yes Z No❑ • Change Order is correcting an error or omission in design document. Yes❑No M Should a claim under the applicable professional liability policy be made? Yes❑ No Explain: 1-1-23 Mr. Clark Briggs Bimini Bridge Replacement Project Duck Key,Monroe County,Florida. Subject: NEB Request for Additional Days Due to Project Delays Dear Mr. Briggs: WSP has received American Empire Builders,Inc(AEB)request for additional 217 days due to project delays. AEB's request is consistent with the issue tracking performed by WSP for various activities that impacted contractor time from the beginning of the project until July of 2022. 1. Design of the Bimini Bridge strengthening plans—20 days 1 Relocation of FKAA Pipes- 35 days 3. Utility Relocations required prior to beginning of project-- 51 days 4. Delay caused by Flk'-AA permanent bore issues- 86 days 5. Contractor delayed due to material shortage for temporary pile walls— 25 days WSP concurs with this additional time request for the Bimini Bridge Project,This will change the contract end date to September 14,2023. Should you have any questions,please contact me. 305-481-0583 Sincerely, WSP Pornsit Chakkaphak P.E. SR. Project Engineer TOTAL CONTRACT DAYS PROJECT START/END DATE 1/6/2021 6/2912022 540 PREVIOUSLY AWARDED TIME 224 764 ADDITIONAL DAYS THIS CO 217 981 ESTIMATED END DATE 9/14/2023 P p. Design for Strengthening of Bimini, 1/6/2021. 1/25/2021 ICI 20 I, y20 Y { J Meeting#6(4-6-21)Min.state that FKAA ready to begin relocations on Bimini. i Relocation of FKAA Pipes 4/6f2021 Sf10/2f121 i 3S I 36 Daily Reports indicate AFB could not work on Bimini due to FKAA relocating pipes•5.18.21 Meeting#9 FKAA states that the temp line relocates are jI complete and waiting oft Murphy to begin permanent bore Utility Relocations on Bimini � { Meeting Min#5(3-23-21)states that FKEC wBl begin bore on 3-29-21.5-18-21 required prior to AEB begin Bimini 3/29/2021 5/18/2021 1 51 51 Bridge Project ( FKEC completed bore but has not been able to pull the wire through. 5-18-27 FKAA ready to begin directional'bare.6-29-21 Meeting,Keith McMahan skated that they have stilt not begun the bore and skill looking for a 1 I contractor.B-10-21 meeting verifies that the direction bore is being installed Permanent bore of FKAA by 1 but not yet complete.8-24 21 FKAA confirms In the meeting that the I I Murphy 5/18/2C121 1/26/2022 f 255 86 1 contractor is trying to remove a broken head out of the bore path.9-3-21 f Email from Justin Decay confirms DBE still not able to complete project and 1 get out of the way.12.48-21 email from Justin Decay confirms that the utility is still riot yet tied in on Bimini.1-28-22 Project from Judy confirms that the utility has been tried in. Contractor Delayed due to Material shortage for Camp pile 6/8/2021 7/2/2021 25 25 walls I Total Days this Co 1 217 AEB American Empire Builders,Inc. 13775 SW 145 TI-I CT.,SUITE B.-,MIAMI, FL. 33186 OFFICE: 305-261-9276/FAX: 305-261-9210 December 14, 2022 Mr. Keith Duke Project Administrator Bimini Drive Bridge(#904603) Replacement Project Monroe County,Florida Subject: Request for additional days due to delays on the project. Dear Mr. Duke: Due to various delays outside the control of American Empire Builders, Inc. we are kindly requesting the addition of two hundred and seventeen days to the contract schedule. We reserve the right to claim for any overhead cost caused by these delays. Sincerely, M Digitally signed by Antonio Antonio M Gonzalez Date:2022.12.30 Gonzalez 10.47:17-05'00' Antonio M. Gonzalez—President American Empire Builders, Inc. Client#:720292 AMERIEMPIR DATE(MMIDDNYYY) ACORD_ CERTIFICATE OF LIABILITY INSURANCE 12/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ........ ...... IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Specialists Marsh&McLennan Agency PHONE 727 447 6481 FAx A/C,No,Ext): (A,fC,N,oy,'i Bouchard Region ADDRESS. certificates@bouchardinsurance.com 101 N.Starcrest Drive INSURER(S)AFFORDING COVERAGE NAIC# Clearwater, FL 33765 INSURER A:Landmark American Insurance Company 33138 INSURED- - �- ------ INSURER B StarStone Specialty Insurance Company 44 776 _ American Empire Builders,Inc. INSURER c StarNet Insurance Company 4004. p y 5 13775 SW 145th CT INSURER D:Allied World Assurance Company(U.S.)1 19489 Suite B ......... .......... INSURER E:Vantapro Specialty Insurance Company 44768 Miami,FL 33186 Charter Oak Fire INSURER F: Insurance Co 25615 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ ......... _ _.. INSR ADDLSUBR POLICY EFF POLICY EXPK LIMITS ..... ......... ......._ __....--- ... ..... ........ A X Y Y LHA113621 12/08/2022 12108/202 EACH OCCURRENCE $1,000 000 CLAIMS-MADE U X OCCUR ( AMA�„1,F T11 RENTED � LTR IN SR WVL7 POLICY NUMBER MMIDDIYYYY MM/PJOIYYY, COMMERCIAL GENERAL LIABILITY � dEh1pSSGEaacouvvwn )„ $100,000 erson) $5 000 ................ ..... .......... PERSONAL&ADV INJURY $1,000,000. ..MP An one„. , FwHER: 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ',$2,000,000 POLICYd X JECI' LOC PRODUCTS-,COMP/OPAGG $2,000 000 ----........ ...... . ...... ......$............................................................. ' E AUTOMOBILE LIABILITY t.WT Tv Y Y 5087027304 12/08/2022 12/08/2023 COMBINED Ea ice denD..... I$1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ .1111,- '�AUTOS ONLY AUTOS"�'" HIRED NON-OWNED DAMAG(= AUTOS ONLY ,,�F"�r arcad�nC) - j PROarvden AUTOS ONLY $ X.. 1 $ .....,,,. ..... ...,.,n.. ............ ......... - a...... .....__ ....- ........ $5 OOO OOO EXCESS LIAB B X UMBRELLA LIABEACH X OCCUR MADE Y Y 89186A222ALI '12/08/2022 12/08/202 AGGREGATE OCCURRENCE m ..... .m 5,000,000 DED -, RETENTION$ ? ... ......... .............. ......... .......... ......... ..._..... C ;WORKERS COMPENSATION Y KEY0145742 12/08/2022 12/08/2023 X I PER iOTH OFFICEOPRIET ER EXCLUDED N I N I A I STATUTE 1 ...� AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE'Y/N E.L.EACH ACCIDENT .$1,000,000 (Mandatory in NH) ;E.L.DISEASE-EA EMPLOYEE I$1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below -E.L DISEASE POLICY LIMIT $1,000,000 D Pollution Liab. Y Y 03128724 12/08/2022 1210812023 $2M/$2M Professional Liab Y Y F Rent/Leased Equip QT6608S92240ATIL 12/08/2022 12/08/202 $1 000,000 per item DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If required by written contract,Certificate Holder is an additional insured with respect to General Liability,Auto Liability,Professional Liability, Pollution Liability,and Excess Liability,subject to the terms,conditions and exclusions of the policies.Additional insured with respect to General Liability includes ongoing and completed operations.Coverage with respect to General Liability is primary and noncontributory. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION13y, 12 N5 % 2 SHOULD ANY OF THE DATL Monroe County Board of County THE EXPIRATION DAT Commissioners ACCORDANCE WITH T 1100 Simonton St Key West,FL 33040-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S12094770/M12092801 RCGAD DESCRIPTIONS (Continued from Page 1) When required by written contract,waiver of subrogation applies in favor of Certificate Holder with respect to General Liability,Auto Liability,Workers Comp,Professional Liability,Pollution Liability, and Excess Liability subject to the terms,conditions and exclusions of the policy. There are no exclusions for Jib,Boom and/or Overload on the Rented/Leased Equipment policy. Complete Certificate Holder: Monroe County Board of County Commissioners and FDOT Project: Boca Chica Road Repairs Explosion,Collapse&Underground Hazard(XCU)coverage included in the GL policy.It is agreed by endorsement to the general liability,auto&workers comp policies that this policy shall not be cancelled by the insurance carrier without first giving thirty(30)days prior written notice except for nonpayment of premium. SAGITTA 25.3(2016103) 2 of 2 #S12094770/M12092801