Item C10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17 2007 Division: Engineering
Bulk Item: Yes X No Department: _ Facilities Development
Staff Contact Person/Phone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of Change Order No. 1 with E.G. Braswell Construction,
Inc. for the Brick and Stone Exterior Cladding at the Freeman Justice Center.
ITEM BACKGROUND: The former Architect did not supply complete and acceptable drawings and
specifications to satisfy wind and gravity loads. Additional supporting steel angles, flashing and
fasteners are required for additional support.
PREVIOUS RELEVANT BOCC ACTION: On May 16, 2007, the BOCC granted approval and
authorized execution of an Agreement with E.G. Braswell Construction, Inc. for the Brick and Stone
Exterior Cladding of the Freeman Justice Center.
CONTRACT/AGREEMENT CHANGES: Contract price increases by $125,180.00, from
$1,923,718.00 to $2,048,898.00. Contract time increases 41 days from October 12, 2007, to
November 23, 2007 due to permitting delays.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $125,180.00 BUDGETED: Yes X No
COST TO COUNTY: $125,180.00 SOURCE OF FUNDS: Fund 307
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: E.G. Braswell Const. Contract #
Effective Date: 10/17/07
Expiration Date:
Contract Purpose/Description:
For additional support needed to satisfy wind and gravity loads which include
continuous steel angles for the stone claddin with anchors and water proofing, and
copper flashing.
Contract Manager: Ann Riger 4439 Facilties DeveUSto #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/17/07 Agenda Deadline: 10/02/07
CONTRACT COSTS
Total Dollar Value of Contract: $ $2,048,898 Current Year Portion: $ 2,048,898.
Budgeted? Yes® No ❑ Account Codes: 307-24003-560620-CE0601-530340
Grant: $ N/A - - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance,
CONTRACT REVIEW
Changes
Date In Needed
Division Director 40 /541 Yes❑ Not"
Risk Management 4��Yes❑ No�
O.M.B,Zr haasing /a -- Yes(] No[
County Attorney Yes❑ No[v]''
Comments:
OMB Form Revised 2/27/01 MCP #2
etc.
Date Out
I-YVI
Ic
MONROE COUNTY
FACILITIES DEVELOPMENT
M E M O R A N D U M
TO: David Koppel
County Engineer
FROM: Ann Riger, Contracts Administrate
Facilities Development oriv
DATE: October 3, 2007
RE: Agenda Item — E. G. Braswell Construction
AGENDA ITEM WORDING: Approval of Change Order No. 1 with E. G. Braswell
Construction, Inc. for the Brick and Stone Exterior Cladding at the Freeman Justice Center.
ITEM BACKGROUND: Change Order No. 1 for E.G. Braswell in the amount of $125,180.00
is to provide for additional support required by the Architect/Engineer of record for the Brick
and Stone for the Freeman Justice Center. The former Architect (Gonzalez) did not supply
complete and acceptable drawings and specifications to satisfy the wind and gravity loads
required by the replacement Architect (CSA). The Contractor submitted his shop drawings based
on the original drawings and was rejected. The Engineer of Record required additional
supporting steel angles (approximately 60% more) to hold the stone separately form the brick.
This action also necessitates additional flashing and fasteners to accomplish the work. A second
reason for the additional support is that the project needed to revert to the originally specified
full thickness stone which added a greater load to the support system. The `Hollow back Stone'
manufacturer could not meet engineering requirements for wind loads and was not able to
produce all the larger panels for the job although he originally stated that this could be provided
Change order No. I is the result of the Engineer of Record 's requirements and the inability of the
original stone manufactures to meet the requirements with the lighter stone.
PREVIOUS RELEVANT BOCC ACTION: On May 16, 2007, the BOCC granted approval
and authorized execution of an Agreement with E.G. Braswell Construction, Inc. for the Brick
and Stone Exterior Cladding of the Freeman Justice Center.
CONTRACT/AGREEMENT CHANGES: Contract price increase by $125,180.00, from
$1, 923, 718.00 to $2, 048, 898.00. The contract time increases 41 days from October 12, 2007 to
November 23, 2007 due to permitting delays.
STAFF RECOMMENDATIONS: Approval as stated above.
Thank you. If you have any questions please call me at ext. 4439.
W
MONROE COUNTY / ENGINEERING /FACILITIES DEVELOPMENT
CONTRACT CHANGE ORDER
PROJECT TITLE:
Brick and Stone Exterior Cladding
Freeman Justice Center
302 Fleming Street
Key West, FL
TO CONTRACTOR:
E.G. Braswell Construction, Inc.
5635 MacDonald Avenue
Key West, FL
The Contract is changed as follows:
CHANGE ORDER NO: 1
INITIATION DATE: October 1, 2007
CONTRACT DATE: May 16, 2007
The original (Contract Sum) (Guaranteed Maximum Price) ........................................ $ 1,923,718.00
Net change by previously authorized Change Orders ................................................ $ 0.00
The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ......... $ 1,923,718.00
The (Contract Sum) (Guaranteed Maximum Price) will be Oncreased) (decreased)
(unchanged) by this Change Order ................. $ 125,180.00
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ... $ 2,048,898.00
The Contract Time will be (increased) (decreased) (unchanged) by ............................. 41 days
The date of Substantial Completion as of the date of this Change Order is .................. November 23, 2007
Detailed description of change order and justification:
Additional support needed to satisfy wind and gravity loads which include continuous steel
angles for the shone cladding with anchors and water proofing $66,980.00
Copper Flashing to protect the support system 58,200.00
Total $125,180.00
An Additional 41 days is requested by the contractor due to permitting delays.
This chance order is 6.51 % of the original contract price.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Date:
(SEAL)
Attest: 091-i5 nit L n'i a (Z UN-
-
By:
Print Name:
Title:
Date: / 0/3/0
MONROE COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
CONTRACTOR
E.G. BRASWELL CONSTRUCTION, INC.
By:
Print Name: AC-
Title:
MC O� Oh? j/Y/AI I ORNEY
APPROVED AS}TO RM.
NATILEE—F: W CASS L
ASSISTANT CQUNTY ATTORNEY
Date
Change Order Attachment per Ordinance No. 004-1999
• Change Order was not included in the original contract specifications. Yes ® No ❑
If Yes, explanation:
Provide additional support required by the Architect/Engineer of record for the Brick
and Stone. The former Architect did not supply complete and acceptable drawings
and specifications to satisfy the wind and gravity loads required by the replacement
Architect The Architect of Record required additional supporting steel angles to hold
the stone separately from the brick, which necessitates additional flashing and
fasteners. A second reason for the additional support is that the project needed to
revert to the originally specified full thickness stone which added a greater load to the
support system. The `Hollow back Stone' manufacturer could not meet engineering
requirements for wind loads and was not able to produce all the larger panels for the
job although he originally stated that this could be provided. Change order #1 is the
result of the Engineer of Record's requirements and the inability of the original stone
manufactures to meet the requirements with the lighter stone.
• Change Order was included in the original specifications. Yes ❑ No
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 change order is not subject for a calling for bids because we have a contractual
obligation with E.G. Braswell Construction for the brick and stone exterior cladding at
the Freeman Justice Center. BOCC approved 05116107.
• Project architect approves the change order. Yes ❑ No
If no, explanation of why:
The Architect is not required to approve Change Orders for the Freeman Justice
Center.
• Change Order is correcting an error or omission in design document. Yes ®No ❑
Should a claim under the applicable professional liability policy be made? Yes ® No ❑
Explain:
Gonzalez Architects did not supply complete and acceptable drawings and
specifications to satisfy the wind and gravity loads required.
E.G. BRASWELL- CONSTRUCTION INC
5635 MACDONALD AVE
KEY WEST, FLORIDA 33040
PHONE 305.296.0305 FAX 305.296.1824
Proposal Submitted to Date: Oct. 01, 2007
Monroe County Facilities Dev. Job Name: Freeman Justice Center
Clark Briggs Sr. Project Manager Job Location: Key West, Fl.
Jerry Barnett Director of facilities Dev.
Freeman Justice Center Court House Key West, FL.
Hank Goldman Architect of Record
Change Order #2 :
Revisions as per the request of the Architect of Record
Copper Flashing .0216" (24 Gauge) 16" wide & Wet or Dry (Bull) $ 41,400.00
6" x 6" x 2" Steel Part # EGB 6 as Shop Drawings Manufacturing $ 16,800.00
Bond amount Increase
Total Price: S'Thousand Three a No id, ed Fi
$60,362.96— SS' a 00, vc)
d Cn�rn nr
All work to be completed in a n-orkmanlike inanner according to standard practices.
A ky alteration or deviation from above specifications invoicing extra costs. Avill be executed onl}- upon
AA orders. and will become an extra charge over and above the estimate. This proposal is subject to
acceptance within 10 daA s and is void thereafter at the option on the undersigned.
Edgar Braswell. President
E. G. Braswell Construction Inc.
ACCEPTANCE OF PROPOSAL
The above prices. specifications and conditions are hereby- accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
ACCEPTED: Signature
Date: Printed Name
E.G. BRASWELL CONSTRUCTION INC
5635 MACDONALD AVE
KEY WEST, FLORIDA 33040
PHONE 305.296.0305 FAX 305.296.1824
Proposal Submitted to Date: Oct. 01, 2007
Monroe County Facilities Dev. Job Name: Freeman Justice Center
Clark Briggs Sr. Project Manager Job Location: Key West, Fl.
Jerry Barnett Director of facilities Dev.
Freeman Justice Center Court House Key West, FL.
Hank Goldman Architect of Record
Change Order #1 :
Revisions as per the request of the Architect of Record
Continuous Steel Angles for the Stone Cladding at each
level above the floor line. Galv. Steel Sizes Varies $ 56,200
Floor line Steel Angle $ 00
Brick Angles $ 00
Extra Stone on High Parapet comers $ 00
SS Anchors & Water Proofing for the Angles $ 10,780
Scaffolding 2-3 Weeks Rental Time $ 00
661980 .00
Total Price: Eighty Five Thousand Three Hundred & Thirty Dollars
980 '00
All work to be completed in a Avorkmanlike mamier according to standard practices.
Any alteration or deviation from above specifications involving extra costs. Will be executed onlN upon
written orders. and n ill become an extra charge ox er and above the estimate. This
acceptance within 10 days and is void thereafter at the option on the andopo�l is s<ibject to
Edgar Braswell. President
E.G. Braswell Constructi c.
ACCEPTANCE OF PROPOSAL
The above prices. specifications and conditions are herebA accepted. You are authorized to do the work as
specified. A'A ment will be made as outlined above.
ACCEPTED: Signature
Date: Printed Name
E.G. BRASWELL CONSTRUCTION INC
5635 MACDONALD AVE
KEY WEST, FLORIDA 33040
PHONE 305.296.0305 FAX 305.296.1824
Proposal Submitted to Date: Oct. 02, 2007
Monroe County Facilities Dev. Job Name: Freeman Justice Center
Maria Graziano Job Location: Key West, Fl.
Freeman Justice Center Court House Key West, FL.
Hank Goldman Architect of Record
Extention of Time #1 :
Please allow an additional 41 Days due to Permit delays on our scope of the work on this
project.
Total Price:
00.00
All work to be completed in a workmanlike manner according to standard practices.
Any alteration or deviation from above specifications involving extra costs, will be executed only upon
written orders, and will become an extra charge over and above the estimate. This proposal is subject to
acceptance within 10 days and is void thereafter at the option on the undersigned
Edgar Braswell, Presidept---
E.G. Braswell Construction Inc.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
ACCEPTED: Signature
Date: Printed Name
FREEMAN JUSTICE CENTER - BRICK AND STONE
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the Sixteenth day of May in the year of Two Thousand and Seven
(In Words, indicate day, month and year.)
BETWEEN the Owner: Monroe County Board of County Commissioners
(Name and address) 500 Whitehead Street
Ke West, Florida 33040
and the Contractor:
(Name and address)
For the following Project:
(Include detailed description of project,
location, address and scope)
Facilities Development
(Name and address)
The Architect is:
(Name and Address)
E.G. Braswell Construction, Inc.
5635 MacDonald Avenue
Key West, FL 33040
Brick and Stone Exterior Cladding
Freeman Justice Center
302 Fleming Street
Key West, FL 33040
The Director of Facilities Development
Monroe County Facilities Development
1100 Simonton Street
Second Floor — Room 2-216
Key West, Florida 33040
Currie, Sowards, Aguila, Architects
134 Northeast First Avenue
Delray Beach, FL 33444
The Owner and Contractor agree as set forth below.
5,15,21007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-1
FREEMAN JliSTICE CENTER - BRICK AND STONE
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Bid Documents, Addenda
issued prior to execution of this Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement: these form the Contract, and are as
fully a part of the Contract -as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes
prior negotiations, representations or agreements, either written or oral. An enumeration of the
Contract Documents, other than Modifications, appears in Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
Work will include all materials and labor to complete the entire exterior cladding of the Freeman
Justice Center Building. Monroe County reserves the right to direct purchase materials.
The Freeman Justice Building, or portions of it, may be open to its occupants during
construction; Contractor will coordinate with Owner to insure safety of persons using the
Courthouse, and in arranging the work schedule around the times during which people are
using the building.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2
is measured, and shall be the date of this Agreement, as first written above, unless a different
date is stated below or provision is made for the date to be fixed in a notice to proceed issued
by the Owner.
Unless the date of commencement is established by a notice to proceed issued by the Owner,
the Contractor shall notify the Owner, through the Director of Facilities Development, in writing
not less than five days before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also
insert any requirements for earlier Substantial Completion of certain portions of the Work, if not
stated elsewhere in the Contract Documents.)
One Hundred Twenty (120) calendar days from date of Commencement.
subject to adjustments of the Contract Time as provided by the Contract Document
(insert provisions if any for liquidated damages relating to failure to complete on time)
Liquidated Damages will be assessed as provided in Section 00350.
ART_
Contract Sum
5 15,2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-2
FREEMAN JUSTICE CENTER - BRICK AND STONE
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Million Nine Hundred Twenty -Three Thousand Seven
Hundred Eighteen Dollars and 00/100;
Dollars ($1,923,718.00), 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:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Facilities Development, and upon Project Applications and Certificates for Payment issued by
the Director of Facilities Development 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 Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Provided an Application for Payment is submitted to the Director of Facilities
Development not later than the First day of a month, the Owner shall make payment to the
Contractor not later than the Twenty-first day of the Same month. If an Application for Payment
is received by the Director of Facilities Development after the application date fixed above,
payment shall be made by the Owner not later than Twen days after the Director of Facilities
Development receives the Application for Payment.
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 Facilities
Development or Architect may require. This schedule, unless objected to by the Director of
Facilities Development or Architect, shall be used as a basis for reviewing the Contractor's
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:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
5/I5/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-3
FREEMAN JUSTICE CENTER - BRICK AND STONE
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in
the Work, amounts not in dispute may be included in applications 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 actual net cost as confirmed by the Director of
Facilities Development. 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.
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 of Ten percent (10%):
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 Facilities Development or Architect
has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General
conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Nine percent (90%) of the Contract Sum, less such amounts as the Director of
Facilities Development recommends and the Architect determines for incomplete Work and
unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of
the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the
retainage resulting from the percentages inserted in Subparagraphs 5.6.1 and 5.6.2 above, and
this is not explained elsewhere in the Contract Documents, insert here provisions for such
reduction or limitations)
ARTICLE 6
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 Project Certificate for Payment has been
issued by the Director of Facilities Development and Architect: such final payment shall be
made by the Owner not more than 20 days after the issuance of the final Project Certificate for
Payment, or as follows:
ART---_ICLE 7
Miscellaneous Provisions
5115 2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-4
FREEMAN JUSTICE CENTER - BRICK AND STONE
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.
7.3 Temporary facilities and services:
(Here insert temporary facilities and services which are different from or in addition to those
included elsewhere in the Contract Documents.)
7.4 Monroe County's performance and obligation to pay under this contract is contingent
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 bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with 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 36 months from the
date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed by
the County or Clerk determines that monies paid to Contractor pursuant to. this
Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
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
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 County,
Florida. The Parties waive their rights to trial by jury.
c) Severability. If any term, covenant, condition or provision of this Agreement (or
the 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
I5r2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 0 5500-5
FREEMAN JUSTICE CENTER - BRICK AND STONE
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.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event
any 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. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement 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,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose
of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. 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.
i) Cooperation. In the event any administrative or legal proceeding is instituted
against 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 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 Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no
discrimination against any 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. County or Contractor 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
51/15.2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-6
FREEMAN JUSTICE CENTER - BRICK AND STONE
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 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 s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101- 6107) which prohibits discrimination on the 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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. 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 s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently
has 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 to perform
and receive benefits as recited in this Agreement.
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.
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 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 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.
n) Public Access. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other 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 Agreement; and the County shall
have the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor.
o) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the County and the Owner in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed 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.
5, 15/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-7
FREEMAN JUSTICE CENTER - BRICK AND STONE
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, 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.
q) Legal Obligations and Responsibilities: Non -Delegation of Constitutional or
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 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 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.
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.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, 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.
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 singing any such counterpart.
v) Section Headings. Section headings have been inserted in this Agreement as a
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 provision of this
Agreement.
w) The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Contractor or any of its
Subcontrator(s) in any tier, occasioned by the negligence errors, or other wrongful act of
omission of the Contractor or its Subcontrators in ;any tier, their employees, or agents.
5; 15 2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-8
FREEMAN JUSTICE CENTER - BRICK AND STONE
In the event 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 increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement. The
provisions of this section shall survive the expiration or earlier termination of this agreement.
Special Conditions, if any, are detailed in Section 01000 of the Project Manual for this Project.
—ART_ 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual for this project dated April 2007
9.1.4 The Technical Specifications are those contained in the Project Manual for this project
dated April 2007.
9.1.5 The Drawings issued by the Architect for the construction of the Freeman Justice Center
specifically described as A1.04 A 3.01 A3.02, A3.03, A3.04, A3.05, A3.06, A3.07 A3.08
and drawings issued by CSA 112206 A -Cap (Parapet Cap Detail) A -Win Revise
(Window and Louver Detail)
9.1.6 The Addenda, if any, are as follows:
Number
9.1.7 The Alternates, if any, are as follows:
Date Pages
END ALTERNATES
5i 15.22007 CONTRACT BETWEEN O\kNER AND CONTRACTOR
00500-9
FREEMAN JUSTICE CENTER - BRICK AND STONE
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 9.
9.1.8 Other documents, if any, forming part of the contract Documents are as follows:
BALANCE OF PAGE INTENTIONALLY LEFT BLANK,
SIGNATURE PAGE TO FOLLOW.
5i 15 2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-10
FREEMAN JUSTICE CENTER - BRICK AND STONE
This Agreement is entered into as of the day and year first written above and is executed in at least four
original copies of which one is to be delivered to the Contractor, one each to Facilities Development and
Architect for use in the administration of the Contract, and the remainder to the Owner.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL)
Attest: DANNY. KOLHAGE, Clerk
r
By:
Deputy Clerk
Date MAY 1 g 2007
(SEAL)
Attest:
By:
Print Name:
Title:
Date:
Or:
Witness 1:,
Print Name: 7 7
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
CONTRACTOR
E.G. BRASWELL CONSTRUCTION, INC.
By:
Print name: w
Title:
Date: .S'%���0
Date:
Witness 2: , ,_t_-aA4-SZZE� Date: /- N
Print Name: z,- i
�
STATE OF FLORIDA N)
COUNTY
On this L (day of _, 200�L/, before me ,the undersigned notary public, -
Personally appeared t "'�j a ; 1;�'„- ,. 1 ,known to me to be the -
Person whose name is subscribed above or who produced
As identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for the construction of theFreeman Justice Center - Brick and Slone Exteriors
Cladding
for purposes therein contained. aria Grazi
am
My Commissbn W2"4U
Notary Public ,7
�� �a w) Expires February 10, 2004
Print Name i i1 .c CCiC ;'r'
ri
My commission expires: Seal AF'Pr�OVED AS i f
END OF SECTION 00500
'fib' J!: �j' _.
5/15/2007 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-11
ACORD- CERTIFICAi . OF LIABILITY INSUR NICE0507/07°" `'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wachovia Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1000 S. Pine Island Road, #225 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Plantation, FL 33324
954475-3600 ` ' INSURERS AFOORDING COVERAGE NAIC #
INSURED INSURER A: Hartford Ins Co of the SE 0
E.G. Braswell Construction, Inc. iN b ER Bt Hartford Casualty Ins Co
EG Braswell Leasing Corp. INSURER Twig City Fire Ins. Co.
5565 Second Avenue MURERa i
Key West, FL 33040 INSURER E:
r!nVFRAnFS
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 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
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
A
GENERAL LIABILITY
21 UUNUT1323
05/04/07
05/04/08
EACH OCCURRENCE
$1 000 000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$300OOO
CLAIMS MADE D OCCUR
MED EXP (Any one person)
$10 000
PERSONAL 3 ADV INJURY
$1 000 000
X
OCP
GENERAL AGGREGATE
$Z OOO OOO
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$2 00O 000
PRO LOC
POLICY FX J CT
C
AUTOMOBILE LIABILITY
X ANY AUTO
21 UEN000650
05/04/07
05/04/08
EaMa�Eent) SINGLE LIMIT
$1,000,000
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Peracddent)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
B
EXCESSIUMBRELLA LIABILITY
21 RHUUT0920
05/04/07
05/04/08
EACH OCCURRENCE
$2 000,000
AGGREGATE
$2 000 000
OCCUR CLAIMS MADE
S
$
DEDUCTIBLE
X RETENTION $ 10 000
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? '
_.
p
/ ��
T WC STATU OTH-
E.L.EACH ACCIDENT
$
--
E.L. DISEASE - EA EMPLOYEE
$
If yes, describe under
SPECIAL PROVISIONS below
OTHER
i
E.L. DISEASE - POLK:Y LIMIT
$
iESCRIPTION OF OPERATIONS / LOCATIONS / VEHICL 13 r EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
'errorism Includeu
,ertificate holder is listed as addition a insured with respects to
'eneral Liability and Auto Liability
Monroe County BOCC
1100 Simonton Street
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 3p_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, LUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED REPRESENTATIVE
A041 �_ k LNG I
CORD 25 (2001/08) 1 of 2 #M1197833
DMI03 O ACORD CORPORATION 1988
ACORD,. CERTIFICATE OF LIABILITY INSURANCE 4672 DATE(MA0061YYY)
5/16/2D07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Southern Eagle Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
410 43rd Street West Suite N ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bradenton, FL 34209
INSURED
Administrative Concepts Corp
406 43rd Street West
Bradenton, FL 34209
�nvrewi±re
INSURERS AFFORDING COVERAGE
NAIC #
Insurer A: Southern Eagle Insurance Co.
Reinsurer B: Uo d$ of London
AA_1122000
Reinsurer C: As Reinsurance
AA_1120337
Refnsurer D: Max Re Bermuda
AA_110M500
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER
PD
L N
LIMITS
GENERAL LIABS.ITY
_= OCCURRENCE $
COMMERCIAL GENERAL LIABILITY
7
PREMISES Ea occurence t
MED EXF o Mon S
CLAIMS MADE OCCUR
PERSONAL d ADV INJURY ;
GENERALAGGREGATE $
G EN'L AGGREGATE L IPA IT APPLIES PER.
PRODUCTS-COMP/OP AGG t
POLICY PRO LOC
AL
OMOBN.E LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea acaderd) $
ALL OWNED ALTOS
•; \ �
l -` .
SCHEDULEDAUTOS
BODILY INJURY
(Perpemon) $
HIREDAUTOS
NON-OWNEDALTOS
"7
BODILY INJURY
PROPERTY DAMAGE
(Per ecnderrt) $
GARAGE LIABLIrY
ALTO ONLY - FA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC ;
ALTO ONLY AGO
EXCESSR)MBRELLA LIABLnY
EACH OCCURRENCE $
OCCUR CLAIMS MADE
AGGREGATE _
S
DEDUCTIBLE
S
RETENTION i
t
A
COMPENSATION AND
x WC STATU- OTH-
WUABLnY
7PR0PRIETD1R1PARTNER1E>eCurTVE
WCO272682-00 1/1/2007 1/1/2008
E L EACH ACCIDENTsEMBER
EXCLUDED?
If d"aiW undo
El, DISEASE - EA EMPLO � $ 1 0KOW
C PROVISIONS belay
OTH�
E.L. DISEASE - POLICY LIMIT 1 000 000
nole t Insurance
B C
Workers Compensation
ny reinsured its exoees 000 Under
insurance listed above with underwriters listed A- or better at the time of placement Of such reinsurance. Such reinsurance are
D E
Excess Coverage
subject to their own 18nns, conditions and limits. This is for informational Purposes and nothing herein shall create any right
under such reinsurances.
DESCRIPTION OF OPERATIONS A LOCATION! VEHCLES I EX LMONS ALLIED BY EN C*tSE LENT I sPECUL paoVISIOW
Effective:
Coverage is extended to the leased employees of alternate employer (Florida Operations only): 7/23/2002 1969
E.G. Braswell Construction Inc
DISCLAIMER: This Certificate of Insurance does not Constitute a contract between the issuing insurer($), authorized representative or
producer,
and the certificate holder, nor does it affirmatively or negatively amend. extend or attar tha rnvra . nff-4—i Ili, +k— r l 1—�___--
MONROE COUNTY
ATTN: BUILDING DEPT
2798 OVERSEAS HIGHWAY STE 330
MARATHON FL 33050
ACORD 25 (2001/08)
SHOULD ANY OF THE ABOVE DESCRIBED POUOES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSLIM MUIRER WILL ENDEAVOR TO MAUL 30 DAYS WRRTEN
NOTICE To THE CERTFICATE HOLDER NAMED TO THE LENT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABUUIY OF ANY KMD LFON THE INSURER, ITS AGENTS OR
AUTHOWZED REPRESEMATiVE � OW'► �� ' j ct�l �a_.�'
® ACORD CORPORATION 1988
C
UNI-YMONROE
KEY WEST FLORIDA 33040
(305)294-4641
Monroe County
Facilities Development
1100 Simonton Street
Key West, FL 33040
(305) 292-4429
Fax (305) 295-4321
MEMORANDUM
TO: Ann
FROM: Jerry
DATE: 10-02-07
SUBJECT: Change Order for brick and stone
BOARD OF COUNTY COMMISSIONERS
Mayor Mario Di Gennaro„ District 4
Mayor Pro Tern Dixie M. Spehar, District I
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
Change Order # 1 for EG Braswell in the amount of $125,180.00 is to provide for additional
support required by the Architect/Engineer of record for the Brick and Stone for the Freeman
Justice Center.
The former Architect (Gonzalez) did not supply complete and acceptable drawings and
specifications to satisfy the wind and gravity loads required by the replacement Architect (CSA).
The Contractor submitted his shop drawings based on the original drawings and was rejected.
The Engineer of Record required additional supporting steel angles (approximately 60% more)
to hold the stone separately from the brick. This action also necessitates additional flashing and
fasteners to accomplish the work.
A second reason for the additional support is that the project needed to revert to the originally
specified full thickness stone which added a greater load to the support system. The `Hollow
back Stone' manufacturer could not meet engineering requirement for wind loads and was not
able to produce all the larger panels for the job although he originally stated that this could be
provided.
Change order # 1 is the result of the Engineer of Record's requirements and the inability of the
original stone manufactures to meet the requirements with the lighter stone.