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Item C26
C.26 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 March 22, 2023 Agenda Item Number: C26 Agenda Item Summary #11849 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416 N/A AGENDA ITEM WORDING: Approval of a contract amendment removing the Builder's Risk insurance requirement from the contract for construction of the Public Defender office in Key West. This reduces the contract by $65,000. The project's potentaal for Builder's Risk losses is considered low and Risk Management concurs. The amount of the policy premium will be held in reserve for any potential claims. ITEM BACKGROUND: This Amendment I removes the requirement for the contractor to purchase Builder's Risk insurance in the amount of $65,000.00. The potential losses usually covered by this insurance are assessed by the project team as a low risk. Therefore, that amount will be reserved in the project budget against any potential losses. The Risk Department has approved this plan. The County purchased 316 Simonton Street in Key West for future office space for the Monroe County Public Defender's Office (PDO). The property itself consists of approximately 8,300 SF of space in five (5) separate buildings. Bender & Associates, Architects, P.A. was engaged to provide professional architectural and engineering services to plan, program, and design tenant improvements at the property. The County recognizes that the parcel is within the Historic District of the City of Key West and that one or more of the buildings on this parcel are historic and therefore protected under the land use plan and ordinances of the City of Key West. The County desires the tenant improvements to meet City of Key West and Historic Architectural Review Commission (HARC) requirements, while also serving the office space needs of the PDO. This construction phase of this project includes the renovation of several existing historic buildings to office space, including all associated sitework, electrical, plumbing, mechanical, fire protection, security, information technology, and new signage. This contract was awarded to D. L. Porter Construction. PREVIOUS RELEVANT BOCC ACTION: Packet Pg. 1120 C.26 10/19/2022 Approval of a contract with D. L. Porter for the construction. 1/23/2019 BOCC approved the interim location lease. 2/20/2019 Approval of a contract to purchase the property at 316 Simonton Street in Key West. 6/17/2020 Approval of a Task Order with Bender& Associates, Architects, P.A. in the amount of$170,064.00. 11/17/2021 BOCC approval of First Amendment with Bender for additional design services. 5/18/2022 BOCC approval of Second Amendment with Bender for mold, lead, and asbestos testing. 7/15/2022 BOCC approval of a corrected scrivener's error in the original Task Order with Bender. CONTRACT/AGREEMENT CHANGES: Delete Builder's Risk requirement from the Contract STAFF RECOMMENDATION: Approval DOCUMENTATION: Waiver DL Porter Public Defender Offices_ COR41 Credit for Builders Risk Public Defenders Office Contract EXEC Change Order 41 Public Defender_signed by DL Porter FINANCIAL IMPACT: Effective Date: 10/19/2022 Expiration Date: TBD (Substantial completion to be 305 days after commencement of project or issuance of Notice to Proceed) Total Dollar Value of Contract: $2,936,539.00 Total Cost to County: $2,936,539.00 Current Year Portion: $1,325,000.00 Budgeted: Yes Source of Funds: 304-24007-530310-CG1904 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: Final COI will be provided after Board approval Additional Details: 304-24007-530310-CG1904 03/22/23 NEW COST CENTER ADDED ($65,000.00) Packet Pg. 1121 C.26 304-24007-530310-CG1904 REVIEWED BY: Cary Knight Completed 03/07/2023 1:53 PM Kevin Wilson Completed 03/07/2023 3:17 PM Joseph DiNovo Completed 03/07/2023 3:23 PM Purchasing Completed 03/07/2023 3:33 PM Budget and Finance Completed 03/07/2023 3:36 PM Brian Bradley Completed 03/07/2023 3:57 PM Lindsey Ballard Completed 03/07/2023 4:10 PM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg. 1122 C.26.a "�' BOARD OF COUNTY COMMISSIONERS County of MonroeG11s ,, Mayor Craig Cates,District 1 � � Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys ��' Michelle Lincoln,District 2 cs �� James K.Scholl,District 3 Robert B. Shillin er County Attorney David Rice,District 4 Pedro J.Mercado,Sr.Assistant County Attorney** Cynthia L.Hall,Sr.Assistant County Attorney** Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney Derek V.Howard,Assistant County Attorney** 1111 12th Street,Suite 408 Peter H.Morris,Assistant County Attorney** Key West,FL 33040 Patricia Fables,Assistant County Attorney (305)292-3470 Office Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax �? Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney U) **Board Certified in City,County&Local Govt.Law 9= 0 U 0 CL RE: Waiver of insurance Requirements 0 t3 4- 0 Risk Management is waving the contract requirement of Builders Risk insurance for DL Porter for renovation to Public Defender 16th Judicial Circuit Key West Offices. It was decided that the 65,000 in cost could be set aside LM And could be used toward any BR Claim as this was deemed a low risk project. cL cL U) i 0 2 Thank you, 4T CL Brian Bradley Risk Manager 0 CL c� Packet Pg. 1123 `siopni suo a aO -i'a om w japio aBueqo0 f noadd ) 31sia say I'n aol 4!pajo L :4u9wqoe44V N to T N r T V m � d 0 lz a ++ fq ,G Cj e rq v9 * d � a In CA as a r� m CA c c v m ej LU m 3 D �- c a a Q S 0 'Auj uj wu u Im C5 o W cr Z w, h^ v u 0 .' ay u © 417u ar � as ^ In. F -b u c; es � c? 6 q G7 O �3. �.'4. 4.. n cu u °3 � w, vco vi 13CD W d Vy Croy ti> Q 'c..} 9 O'. `' t3. = = m m. cc E 71 y Q w va7 Co ' c < a ate, a v N 7 j 0 w ' �' ea as ca - " V s aa as v a a m Se '/a CO c o a� a a Q - ar C7 CCU u� p " ( S-uj ua .L9 "'% ^ c+s m�- �., ea yy CIO cu ¢A ZwF- LU a �- CL 2 H c y ro 8 c H ro a a V a 0 a C� ° ccn E C1 3 ruz C.26.b � ,�G BOARD OF COUNTY COMMISSIONERS County of Monroer II Mayor Craig Cates,District 1 Mayor Pro Tern Holly Merrill Raschein,District 5 e� The Florida Keys g Michelle Lincoln,District James K. Scholl,District 3 Robert B. Shillinger,County Attorney** David Rice,District 4 Pedro J.Mercado,Sr.Assistant County Attorney" 3 Cynthia L.Hall,Sr.Assistant County Attorney" Christine Limbert-Barrows,Assistant County Attorney" Office of the County Attorney Derek V.Howard,Assistant County Attorney 1111 12a'Street,Suite 408 � Peter H.Morris,Assistant County Attorney** Key West,FL 33040 c5 Patricia Fables,Assistant County Attorney (305)292-3470 Office Joseph X.DiNovo,Assistant County Attorney" (305)292-3516 Fax Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney **Board Certified in City,County&Local Govt.Law U E 881 0 U U) 0 U RE: Waiver of insurance Requirements ®i Risk Management is waving the contract requirement of Builders Risk insurance for DL Porter for renovation to Public Defender 16th Judicial Circuit Key West Offices. It was decided that the 65,000 in cost could be set aside And could be used toward any BR Claim as this was deemed a low risk project. U 4- 0 Thank you, CL CL Brian Bradley Risk Manager U U c� Packet Pg. 1125 C.26.d .O R4E OUNTYAN E G/ PROJECT MANAGEMENT' CONTRACT CHANGE ORDER PROJECT TITLE: Public Defender 15th Judicial Circuit—Key West Offices CHANGE ORDER NO: 01 INITIATION DATE: 03105/2023 0 U CONTRACT DATE: 10/1912022 TO CONTRACTOR: D. L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 The Contract is changed as follows: The original (,Contract Sum) (Guaranteed Maximum Price)............................... . ... $2,936,539.00 Net change by previously authorized Change orders................................................... $0.00 The(Contract Sum) (Guaranteed Maximum Price)prior to this Change order was....... $2,936,539.00 The (Contract Sum) (Guaranteed Maximum Price)will be(increased) (decreased) (unchanged) by this Change Order..., $(65,000.00) The new Contract Sum Guaranteed Maximum Price including this Change O........ . ( )( ) g g rear is. $2,,871,539.00 The Contract Time will be (increased) (decreased) (unchanged) by............. y The date of Substantial Completion as of the date of this Change Order is ................. 08/20/2023 0 LM CL CL Detailed description of change order and justification: Risk Management has waived the contract requirement of Builders Disk insurance for D'L Porter for renovation to Public Defender 16th Judicial Circuit Key West Offices. It was decided that the$65,000.00 in C 0L cost could be set aside and could be used toward any BR Claim as this was deemed a low-risk project. Change order is-2.21 f of original contract price. OF Not valid until signed by Owner Architect fif applicable), and, Contr r,,, 3/6/23 ARCHITECT: (.iavid May �'s etrgs �; Ben & soda a s Date 2 CONTRACTOR: rv. D. L. Porter Constructors, Inc. Date BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK a By: By: Mayor/Chairperson As Deputy Clerk IV ONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM cs a SSISTArJT C49UP! Y AT11 IJRN' DATE. Packet Pg. 1126 Change Order Attachment per Ordinance No. 024-2016 0 (3 E • Change Order was not included in the original contract specifications. Yes No U) a 0 If Yes, explanation: U This is actually a cost decrease. Risk Management has waived the contract requirement of Builders 0 Risk insurance for DL Porter for renovation to Public Defender 16th Judicial Circuit Key West Offices. O_ It was decided that the$65,000.00 in cost could be set aside and could be used toward any BR Claim _Ji as this was deemed a low-risk project. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: 0 • 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: U 4- 0 • Project architect approves the change order. Yes X No F] 0 If no, explanation of why: CL CL ® 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 Ll No M 2M U) 4T .2 CL 0 U cs Packet Pg. 1127 C.26.d .. BOARD OF COUNTY COiPNIMISSIONERS County of Monroe �O t��o�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tein Holly Merrill Raschein,District 5 �.! J� Michelle Lurcolrr,District 2 James K.Scholl,District 3 Robert B.Shillinger,County Attorney�* ` f � David 1�icc,District f Pedro J.Mercado,Sr.Assistant County Attorney** mv L- Cynthia L.I°Tall,Sr.Assistant County Attorney" Christine Linrbert-Barrows,Assistant County Attorney** Office of the County At(mrncy � Derek'V.&Toward,Assistant County Attorney** 11 l 1 12111 Street,Suite 405 U) Peter 11,Morris,Assistant County Attorney** Key West,FL 33040 9= 305 292-3470 Office U Patricia L'atrotes,Assistant County Attorney (• ) U Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax � KKclly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney 0 **Board Certified in City,Ccumtty!&Local Govt.Late �9 RE: Waiver of insurance Requirements U 0 L- CL CL Risk Management is waving the contract requirement of Builders Risk insurance for DL Porter for renovation to am Public Defender l6th Judicial Circuit Key West Offices. It was decided that the 65,000 in cost could be set aside 0 And could be used toward any BR Claim as this was deerned a low risk project. 0- Thank you, ° e. cs Brian Bradley CL Risk Manager U c� Packet Pg. 1128 44!ML a O OBUeqo 10 JeAojddV) JOVOd -iaAq pauffis—iopuejeaoilqnd W a O 8BueU :4u8wWe44V to Ci nn M R R R C3 C) CD 0 C> C> V) C5crap J4 C9 kn Q9 C> 0 C5 0 00 (A (A cn A cu t! 0 0 w w rg u a 04 tn' m c cava4q Z in V) CC ji� uj < 0,D z a C) ti 0 LA 1= cc (n 6 o sv LU (D 0 Z w cc i- a. z z u 0 u t KL u u quo cu v :3 C> oq C> as R cu LO& X L'I I ti 10 C C* C& ca Cc 0 -0 to al cn d r- 0 P 0 tb as o u Cc> CL C: LL� 0 ce co 2 u r.- ra Qd C, 0 :a V) � LO 0 c) >* rq 2 -4 0" = cn i 'I C, u ? ai r- 14 44 211 -8 0 0 0 k; uj :3 Lu uj a r- J j 1t 0 ou Cnid Ci 0 ."s