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HomeMy WebLinkAbout1st Change Order 06/10/2026 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: June 18, 2026 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Stan Thompson Contract Manager ft'7..C..rn..cr monroecounty-ft�l. ov FROM: Liz Yongue, Deputy Clerk SUBJECT: June 10, 2026 BOCC Meeting The following item has been executed and added to our record: WI Change Order 41 in the amount of$603,445.87 to the Agreement with Pedro Falcon Contractors, Inc. for the Rowell's Waterfront Park Redevelopment Phase 11 Reduced Scope project. This Change Order adds the purchase and installation of lighting equipment for a new multi-use field. This Change Order is 100% funded by a Community Development Block Grant(CDBG-CV grant) administered by the Florida Department of Commerce (No County Match is required). 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 j E MONROE Coy.. ENS I EMIG i FACIIIIIES IVIANAGEIVIENT CONTRAcT C . NGE ORDER PROJECT TITLE: Rowell's Waterfront Park Redevelopment CHANGE ORDER NO: 01 Phase II Reduced Scope BOCC MEETING DATE: 06114/2426 CONTRACT DATE:07/16/2025 TO CONTRACTOR: Pedro Falcon Contractors,Inc. 31160 Avenue C Big:Pine • eY,FL 33043 The Contract is changed as follows: The original(Contract Sum)(Guaranteed Maximum:Price)... ...:..:.:............. :.: $2,918,545.00 Net change by previously authorized Change Orders :. ' $ 0.00. The(Contract Sum) (Guaranteed Maximum Price)prior to this Change order was... $2,918,545.00 The (Contract Sum) (Guaranteed:Maximum.Price) will be (increased) (decreased) this.. - (unchanged) iCh• by • . • ange Order:......: • : $. 603,445.87 The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order is. $3,521,990.87 The Contract Time will be(increased)(decreased) (unchanged)by 248 days The date of Substantial Completion as of the date of this Change Order is 10/31/2026 Detaileddescription of change order and.justification: The County received a 'CDBG-CV grant from Florida Commerce to redevelop RoweIlas Waterfront Park: The original bids:came in much higher than the:grant.amount and the County worked.with:the lowest bidder Pedro Falcon :Contractors, Inc.. to reduce the'scope of work to meet the budget constraints. The work of this.Change Order was in the original design but was removed due to the limited budget. A recent_grant increase of over$2 million from Florida,Commerce has enabled design updates and the:ability to.add items.back kilo the the sco e of. work. This Change Order includes the purchase and.installation of Musco lighting equipment for use at:a new multi, use field:,An additional 248 days:'are bein added to the contract due to this work and also the anticipated:addition of more work due to the grant:increase. The previous substantial,completion date was February 25. 2026. Chhange order is:20.7%of original contract.price. Not valid until signed by Owner,Architect/Engineer(if applicable),and Contractor it) • 10._ _/ 6/5/26 ARCHITECT/ENGINEER: •Velerl./' ° D ign Inch Land es , Date - 7 ' I CONTRACTOR: ...d re e e];°&,-- :; ,c2e5. ..., } -.f�1 ~`.``114r ontractors, Inc. Date 4' galZ , , BOARD OF COUNTY. COMMISSIONERS OF MONROE • NTY, FLORIDA : •, ►. ADOK, CLERK • II „op. a %A --_,--1--.:_.- -,-,--„: _„: ,.,_ (i-,,, ,,., _„, ,.. Bye )1 '41: . ,r �-.. _ .. „_ . _ - I Mayor/Chairperson �,. . 1 As !-puty Clerk '77,07.- MONROE COUNTY ATTORNEYS OFFICE ..�• APPROVED AS TO FORM :,, : ,(:, ._,_';') h C/1 ._ . . \A‘,..( , f. tit ) ,.,,4:cl, • c9TANT'COUNTY ATTORNEY . . GATE._. 4--6 ...27 26.- -=-�^- «erg►, Change Order Attachment per Ordinance No. 005-2023 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The work of this Change Order was in the original design but was part of the work that was removed due to the limited budget. A recent grant increase of over $2 million from Florida Commerce has enabled design updates and the ability to add items back into the scope of work. This Change Order includes the purchase of Musco lighting equipment and installation by the Contractor for a new multi-use field. An additional 248 days are being added to the contract due to this work and also the anticipated addition of more work due to the grant increase. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $100,000 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: A recent grant increase of over$2 million from Florida Commerce has enabled design updates and the ability for the County to add items back into the scope of work that were originally removed due to budget constraints. Seeking other bids would not result in any savings to the County as the project is under active construction and the Contractor is currently onsite. • 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 Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: 0 0 O O O YI 0 0 O O tD O I� O O O I� O O O n O O oq oq 1� N 00 F O co; oo O O O . F O O m F tD O F N O o 0 0 w o o �n m O ry o m m O ry N O m +n+n +n+n+n vNi ti ff ti N N ry m ±n M +n +n +n+n p Q 0 oq MW z Om v ` IO1 i w r v ti m z u r b l7 O .� m ° L' ` o x u v a W o �� N o O z z o U / n W W � 2 2 O � W W / O /,.o O O W o 0 O m Vf tmh �� n N: tD ti � ti o o o o o 0 0 0 O O o o o o w m LU O O O O O O O O O O oq O O oq m W 0 0 0 0 0 0 0 0 0 0 2 O ai w w W O O O O O O o �n N a N n N O N O N m N N N n n � tD tD M m N M N T Oi N Vf Vf Vf Vf Vf N Vf N N m V� Vf Vf N N N N Q O O O W F F F N O O O O O O O O O v v 0 w O O O O O O O O O n n 0 oq 0000 00 00 aam _ o O o O �n o o wry 0 U V � �Vf ^Vf V � 0 N N V � a ti ti ti ti a n ti n N Q Z Z Q Z O 7 7 K 7 W O V N N N N O .ti N N m m O N N (D W ry O W uj W � ,NJ ^^ m .y v m z N N a u a o o 0 N o' o' 2 0' o J J J J J J L L L j O O `° E o 0 v v v a a 0 a E a a O E _ E E E p E m m m m m m v m v O 0 0 0 D _ . g o o o — o U O n A �qp o l y Z m u v w o p w 0 > o m � Q N vi n W gry E c u y m E m v U o L — N C G h > m u M u v on c 0 0 o z °� w z z V Z N w N O o O 1O o .0 w O O ry Ov > m n o n m OM o s v vm�i Iona v E w o v�i w ` _ E o c x a 'v\i E F v _,o o a v 0 0 o � � U. c~i o o u � V m e o °D 0D ` ` o � o m° m m m 0 p 50 m o o v v z -� v -vo Y u E E 1 g c a " c F L L 8 J v v W v .- W n W cc J � Nma � W 3 z cr Z o F o O o p o V, V F W C v�i C v�i m cr W Q C F N p it -o C' C' ~ m 1' d' O O Q = O O cc O cc ccZ m C C7 O o Z o v vN-i Z Z m Z = i� a o PEDRO FALCON 31160 Avenue C, Big Pine Key, FL 33043-4516 (305)672-2200-Fax(305)672-2219 EC 13003416 l CGC 1507617 www.pedrofalcon.com Request for Change Order Revised 03 June 2026 Project: Rowells Phase II- Reduced Scope PCO Number: 003 Description: Musco Lighting Only Musco Lighting F&I Bases, Poles, Fixtures, Controls, Receptacles.........................................$299,276.86 SubtotalSubcontractors...............................................................$299,276.86 Pedro Falcon Excavation, Raceways, Wiring, Switchgear, Etc..............................................$243,349.00 Hauloff Spoils.......................................................................................................$2,500.00 Landscape Repairs from Late Install....................................................................$2,500.00 DebrisRemoval........................................................................................................$500.00 SubtotalPedro Falcon..................................................................$248,849.00 Overhead @ 5%.............................................................................$12,442.45 Profit @ 5%...................................................................................$12,442.45 ManagementFee..............................................................................$14,963.84 SalesTax ($48,520.00 x .075)...........................................................$3,639.00 SUBTOTALTOTAL COST..................................................................................$591,613.60 Payment&Performance Bond @ 2%..................................................................$11,832.27 Time Extension: To Be Determined or Included in Future Change Order Total Requestfor Change Order Amount:...................................$603,445-87 Page 1 of 2 Industrial-Commercial-Institutional-Residential-Utility Established 1984 This proposal is based upon the following: It is understood and a condition of this Request for Change Order that it is understood and agreed by all parties that.the County has recently been approved for a grant at Rowells Park with limited timeframe for completion. It is understood there will be additional scope added to the project once revised plans are completed that are not a part of this change order request as they are currently unknown. The purpose of this request for change order is to allow for the procurement of the long lead item (Musco Lighting) and associated items. This request for change order is very specific to those items listed and represents only the direct costs associated with the procurement and installation of the Musco Lighting scope identified herein.Any effect on Time,Delay, General Conditions, impacts, inefficiencies, acceleration, sequencing, access, or any other items other than specifically included above will be addressed in a future request for Change Order. This request does not negate, waive, or release any future claims related to anything beyond the scope specifically included in this request. Contractor expressly reserves all rights to seek additional compensation and/or time for impacts resulting from this change,pending design revisions, or any directives issued after the date of this request. This Change Order does not represent a full and final agreement for all costs or impacts associated with this scope, and acceptance shall not be construed as a waiver of any current or future claims. • Any work not specifically included above is specifically excluded. • Permit Fees are specifically excluded from this proposal • Contractor reserves the right to request a time extension and associated costs once the full impact of this change and pending design revisions are known. • This Change Order is based on current preliminary information, and any revisions to design, scope, sequencing, or access shall be treated as additional changes and priced accordingly. • The Musco Lighting proposal (attached) is the design that is included in this Request for Change order. Respectfully Submitted, Ken Bygler Project Manager Page 2 of 2 y O 5 CS O O O O O O O O O CS O O O O O O V' O O O O O O O O O O O O O O O O O O V1 p N O kn O O O O to O O O I'O O O w O N %3 O '..O O r- N N O oo .-. M N N O, O V1 O O O O O O 0 N T N o0 v� C! O O- - N O O O O V1 O N �--� � O C C Y+I O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O F O O O O O O O O o O O O O O O C O O L 4n vl O O to -n O O Wn O O O O O V1 O O Wn O V) O O O N V7 M rr O F V) 64 69 69 G9 G9 GR Qs 69 69 EA 69 69 6H 64 69 69 69 6R 69 O O O O O O O O O O O O O O O O O M O O O O O O O O O O O O O pp O O M O O O W) C vi O O V'; V1 vi vOy O O '.... O O O O O V kn N Wn M " v1 N O N N N VW fR 64 69 fR 69 ER VS 69 6!i G9 69 f6 69 69 69 69 64 61 f+ � 0-4 Ulu U U U U U w w U U w w w w w U W w ¢ ¢ ¢ ¢ ¢ ¢ ¢ w w ¢ ¢ w J ww w w ¢ w w W W W W W W W w w W W w w w W w w O �n \o O l v, ,n o 0 0 <D 0 0 , 0 o O o0 0 �I O O N O= OQ 'C Ln O O Z O o o ' � � .0 --�� � a .� 33333 0 3 L y N C ! UI UU U V �3 V �3 V W U � I w x x x x q � O' v, o o� I n v0 C7 C7 C7 C7 C7 y ' U i Or V] M U w N N Nztt zvc ra U C1r M to 1p [- w (ON M to \O [- w F � 0 0 0l0 0' o N vi in O O O O O O O O C� U F O F L � 69 69 69 6R 6R 69 t z z o� F w � C7 C7 O C7 in cn a�� in F �I Vc"I'll, ol C, Clll� r"I'll", 41�112 W C,�....... CD 00 5, 00 r C� r, 00 ob N �IR � s fA 69 69 69 (D O C> 0 C) C) O C> a O O kf) O "M O C! O C 1 00 5� C> eq 00 N al CD O (21 17, C; C; C; (D W) kn (4 (= N C� N N � C=> kf) el� kf� 06' 69 69 469 64 64 JOq 69 64 460g 69 rjq 64 V!9 Qq QS 69 6* 64 69 a w o � � a s �" � � � E'' F� � F H O 04 fie. E* U 0 lw u as rA Q u o=. C ;xo 04 M O O M ti t— O IOIi^ N r-I 0000r 0000 tz in M m N N 69 69 b9 6e 69 69 64 63 64 69 69 69 69 69 V5 W) 69 69 H4 O O V'1 W F 00 M O O a O ' F U ' W z z w � o � as as w o � w � H F W E•r � fJ, 40 0�o V W W O F W F o a+ W a o P� P: cq wocn o H dd a, u d i N OlqT � 0 0 0 o r � 0 o r, -4 c c o c 0 O M M N N � _C L � y 69 64 Y3 I 6R r/4 69 64 69 ,x"r coO ri G1. A. S1 o t- O y N O O O O O 3 u H H H N O O O O O O O � � N ry O O O O W U P� a C7 a � d w H 0 H o � a 0 0 H U U s. x U d d a 3 z a E, ° a� OU wl OU 00. o a o o COD F E- m CA rA CQ C7 a a r r ® ® r 1. SELLER NAME AND ADDRESS: 2. BUYER NAME AND ADDRESS: Musco Sports Lighting, LLC ("Musco") Pedro Falcon Contractors, Inc. (the "Buyer") 211 2nd Avenue West— PO Box 808 31160 Avenue C Oskaloosa, IA 52577 Big Pine Key, FL 33043 Attn: Josie Sanger Attn: Ken Bygler Email:josie.sanger@musco.com Email: kenbygler@bellsouth.net Telephone: 641-673-0411 Telephone: 305-872-2200 800-825-6020 Ext 4103 3. OWNER NAME AND ADDRESS: 4. SHIPPING NAME AND ADDRESS: Monroe County Rowell's Waterfront Park 1100 Simonton St. 104550 Overseas Highway Key West, FL 33040 Key Largo, FL 33037 Attn: John Allen Attn: Chuck Floyd Email: Allen-John@MonroeCounty-FL.Gov Email: ecsinc25@aol.com Telephone: 305-304-6711 Telephone: 786-412-0752 5. WARRANTY CONTACT: 6. FACILITY NAME AND ADDRESS: Monroe County Rowell's Waterfront Park 1100 Simonton St. 104550 Overseas Highway Key West, FL 33040 Key Largo, FL 33037 Attn: John Allen Email: Allen-John@MonroeCounty-FL.Gov Telephone: 305-304-6711 7. INVOICES: Please remit invoices to: Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 Attn: Email: Telephone: 8. EQUIPMENT DESCRIPTION — Musco shall sell, transfer, and deliver to Buyer, and Buyer will purchase, accept, and pay for the following goods (the "Equipment") in accordance with the "Total Price" paragraph of this Agreement: Light-Structure SystemTm Foundation-to-Poletop Lighting System • 8—Total Light Control®TLC-LED-900 factory-aimed and assembled luminaires • 11 —Total Light Control®TLC-LED-1200 factory-aimed and assembled luminaires • Pole length factory assembled wire harnesses • Factory wired and tested remote electrical component enclosures • 5- 70ft galvanized steel poles • 5 - Pre-cast concrete bases with integrated lighting grounding With Controls • Control-Link®control and monitoring system to provide remote on/off and dimming (high/medium/low)control and performance monitoring with 24/7 customer support Additional Items • 5—GFCI receptacles Built to the following specifications: • Driver input voltage: 240 • Phase to pole: Single phase • Structural integrity: based upon 2023, FBC, 180mph, Exposure D • Light Ievel(s): 23 footcandles Page 1 of 7 r r ® ® r 9. RESPONSIBILITIES OF THE BUYER AND/OR THIRD PARTY—Buyer/Third Party agrees to: Refer to responsibilities listed in the Installation Scope of Work in Exhibit A. 10. MUSCO CONTROL-LINK° CONTROL SYSTEM — Musco agrees to provide design and layout for the control system. Control-Link CentralTM customer support services: commission the system; monitor and report system alarms; provide automated facility management reports; provide on-off schedules via Control-Link Central app or website, email, phone call or fax; and provide technical support 24 hours a day, seven days a week. 11. MUSCO SERVICES—Musco agrees to provide, itself or through its subcontractors,design, layout,testing and commissioning for the Equipment and the following (collectively, the "Services"): Installation —refer to the Installation Scope of Work in Exhibit A. 12. CONSTANT 25 TM WARRANTY — CONTROL AND MONITORING PROGRAM (the "Warranty") — Musco shall provide parts, labor, and services as outlined in the Musco Constant 25 Warranty Agreement to maintain operation of lighting equipment for a period of 25 years on the following terms: • Warranty service begins: on the date of product shipment • Expiration date: 25 years from date of shipment • Services: control, monitoring, and maintenance • Light levels: as specified in Musco design documents • Spill light control: as specified in Musco design documents • Energy consumption: as specified in Musco design documents 13. TOTAL BASE PRICE — Buyer will pay for the above-described Equipment and, if applicable, Services. The Total Price of$299,276.86 includes sales tax and pre-shipment of bases and is payable as follows. :opy $299,276.86 within 30 days from invoice date A of the payment and performance bond (if applicable) is required prior to shipment. Monthly progress invoicing and payments will apply. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Price includes delivery, unloading, and pole in the air installation to the address indicated in item #4 of this Agreement. Price does not include electrical installation. Payments not paid when due are subject to a carrying charge for each month past due or will be pro- rated for the portion of the month there is an unpaid balance. Carrying charges shall accrue in the amount of one- and one-half percent (1.5%) per month of any overdue unpaid balance, or the maximum rate permitted by law, whichever is less. Source of Funds: Buyer agrees that Buyer's payment to Musco is not contingent upon Buyer getting paid by the Owner/End User. Buyer may not hold back or set off any amounts owed to Musco in satisfaction of any claims asserted by Buyer against Musco. No partial payment by Buyer shall constitute satisfaction of the entire outstanding balance of any invoice of Musco, notwithstanding any notation or statement accompanying that payment. The Total Price was calculated utilizing parameters outlined in the project specifications. In the event soil conditions vary from those relied upon, or if the soil cannot be readily excavated, Buyer shall be responsible for Musco's additional associated costs, including but not limited to the cost of design, alternate foundations, additional materials, and labor. Page 2 of 7 r r ® ® r 14. TAXES — Buyer shall pay all applicable state and local sales taxes, use or any similar tax invoiced appropriately by Musco. ® Taxable ❑ Non-Taxable (Copy of resale or exemption certificate must be attached. Note: Just holding a sales tax permit does not, in and of itself, qualify for a non-taxable sale.) 15. PAYMENT/PERFORMANCE BONDING— Is there a bond on this project? ❑ Yes ❑ No Principal Bond Holder: Bonding Company Name: Bonding Company Address: Bonding Company Address Phone Number: Bond Number: 16. DELIVERY—Normal delivery to the shipping address indicated above is 8 weeks after submittal approval or release of order, if later. If the Equipment is shipped in multiple lots, Musco shall prepare a separate invoice for the price of the Equipment shipped at the time of each shipment. Buyer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price" paragraph of this Agreement. All deliveries shall be made by means of a common carrier or some other reasonable means chosen by Musco. All risk of loss to Equipment sold shall pass to Buyer upon Musco's substantial completion of the Services. Delivery is subject to Buyer maintaining credit satisfactory to Musco. Musco may suspend or delay performance or delivery at any time pending receipt of assurances, including full or partial prepayment or payment of any outstanding amounts owed adequate to Musco in its discretion, of Buyer's ability to pay. Failure to provide such assurances shall entitle Musco to cancel this contract without further liability or obligation to Buyer. 17. NO RETAINAGE/WARRANTY—Buyer acknowledges payment in full is required within the agreed terms. Warranty claims and back charges shall not be deducted from contract payments without prior approval of Musco's Warranty Department (877-347-3319). Musco's Equipment and its performance are sold subject to Musco's written warranty. The Warranty provided by Musco shall be in lieu of all other representations, warranties and conditions of any kind, in respect of the Equipment or the Services and Musco disclaims any other representation, warranty or condition whatsoever, whether written or oral, express or implied, statutory or otherwise, including, but not limited to, the implied warranties and conditions of merchantability and fitness for a particular purpose. Buyer acknowledges that any warranty and/or maintenance guarantee contained within payment/performance bonds issued on Musco's behalf pursuant to this Agreement and the corresponding liability on behalf of the issuing surety shall apply only to the first 12 months of any warranty and/or maintenance obligation of Musco specified in the written Warranty to be delivered to Buyer. The balance of any warranty and/or maintenance obligation greater than 12 months shall be the sole responsibility of Musco and shall not be guaranteed by a third party. 18. EXCLUSION OF SPECIAL DAMAGES — In no event shall Musco be liable for incidental, special or consequential damages, including without limitation lost revenues and profits, in respect of this Agreement or the Equipment and, if applicable, Services provided hereunder. 19. LIMITATIONS PERIOD—Unless otherwise specified in the Warranty to be delivered to Buyer, any action or proceeding against Musco arising out of or relating to the Equipment or Services will be forever barred unless commenced within the earlier of: (a) one (1) year after delivery of the Equipment or if applicable, completion of the Services; or (b)the period prescribed by the applicable statute of limitation or repose. Page 3 of 7 r r ® ® r 20. SECURITY AGREEMENT— In consideration of the promises contained herein, Buyer hereby grants and conveys to Musco,to secure payment and performance of all obligations in full,a purchase money security interest in the Equipment, including all repairs, replacements and accessions thereto and proceeds thereof(collectively referred to as the "Secured Property"). Buyer hereby irrevocably authorizes Musco at any time to register in any registration office in any province (including personal property registries and if applicable, land titles or real property registries) any initial financing statements, financing change statements, notices of security interest or other documents relating to this security interest or this transaction. Buyer further agrees to promptly furnish any information requested by Musco to effectuate the terms of this Agreement. Buyer further agrees to execute any document reasonably required by Musco to perfect the security interest granted herein and to assure the preservation, priority, and enforcement of such security interest. Buyer agrees that value has been given for this security interest and that the parties have not agreed to postpone the time for attachment of the security interest. 21. DEFAULT—Each of the following shall constitute a default ("Default") under this Agreement: a)failure to pay, in full,any payment when due hereunder; b)Buyer becomes the subject of a bankruptcy, receivership or insolvency proceeding; c)any warranty, representation or statement made or furnished to Musco by or on behalf of the Buyer proved to have been false in any material respect when made or furnished; d)loss, theft, damage, destruction or encumbrance to, or of, the Secured Property or the making of any levee, seizure or attachment thereof or thereon prior to payment in full; or e)the occurrence or non-occurrence of any event or events which causes Musco, in good faith, to deem itself insecure for any reason whatsoever. 22. REMEDIES UPON DEFAULT— In the event of Default, Musco may, at its option, and without notice or demand: a)declare the entire unpaid balance owing hereunder due and payable at once; b) proceed to recover judgment for the entire unpaid balance due; c) exercise all rights provided to Musco under this Agreement, any applicable personal property security act (or similar legislation), at law or in equity including but not limited to entering the Buyer's premises and taking possession of the Secured Property. All the remedies described herein are cumulative and may be exercised in any order by Musco. Buyer agrees to pay all costs (including reasonable attorney's fees and court costs) incurred by Musco in disposing of the Secured Property and collecting any amounts owing hereunder, and such costs shall be part of the obligations secured hereunder. 23. FORCE MAJEURE—Musco shall not be liable for delays or failure to perform in respect of the Equipment or the Services due, directly or indirectly, to (i) causes beyond Musco's reasonable control, or (ii) acts of God or nature, acts(including failure to act)of any governmental authority,wars(declared or undeclared), strikes or other labor disputes, fires, and natural calamities (such as floods, earthquakes, storms, epidemics). 24. EEO COMPLIANCE — When applicable, Musco and Subcontractor shall comply with the EEO Clause in Section 202 of Executive Order 11246, as amended, which is incorporated herein by specific reference. When applicable, Musco and Subcontractor shall abide by the requirements of 41 CFR 60-741.5(a) and 41 CFR 60-300.5(a). These regulations prohibit discrimination against qualified individuals on the basis of disability and against qualified protected veterans and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities and qualified protected veterans. 25. CONDITIONS OF AGREEMENT a. APPLICABLE LAW — This Agreement shall be governed by the laws, including the Uniform Commercial Code, adopted in the State of Iowa as effective and in force on the date of this Agreement. b. EXPENSES/REMEDIES—Buyer shall pay to Musco the reasonable expenses, including court costs, legal and administrative expenses, and reasonable legal fees (on a solicitor and client basis), paid or incurred by Musco in endeavoring to collect amounts due from Buyer to Musco. It is further understood that if Buyer does not make a payment as due, Musco has the right to forward appropriate notices or claims on jobs with owners, bonding companies, general contractors, or the like, as deemed appropriate by Musco. Page 4 of 7 r r ® ® r c. ENTIRE AGREEMENT— This Agreement, the written Warranty to be delivered to Buyer, and any invoice issued by Musco pursuant to this Agreement constitute the entire agreement between the parties and supersede all prior statements of any kind made by the parties or their representatives. No representative or employee of Musco has any authority to bind Musco to any term, representation, or warranty other than those specifically included in this written Agreement or the written Warranty to be delivered to Buyer in connection with this Agreement. This Agreement may not be amended or supplemented except by written agreement executed by Musco and Buyer. d. ACCEPTANCE—This Agreement is subject to the approval of Musco's Credit Department and the written acceptance of this Order by Musco. "edro II': Ilcoiq Contractors, Iinc MUSCO SPORTS LIGHTING, LLC Acceptance Acceptance Date Date Signature Signature Name and Title Name and Title Please remember to return all pages of this agreement. Page 5 of 7 EJ EMM MMEMIMMEEMMM IIIIII IIIII IIII IIII IIIII IIIII II�1 IIIIIIII IIII Rowell's Waterfront Park Key Largo, FL Pole in the Air Scope of Work Pedro Falcon Contractors, Inc Responsibilities General: 1. Complete access to the site for construction utilizing 2-wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by your local utilities. (i.e., water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Locate and mark field reference points per Musco supplied layout. (i.e. home plate, center of FB field) 4. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water table, collapsing holes, etc.)or soils not defined in geo-technical report. Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 5. Provide a source of water such as a fire hydrant or 2"water light for foundation excavation. Pay for any and all fees associated with the water access and usage 6. Pay any power company fees and requirements. 7. Obtain and pay for any required permits. 8. Provide an area on site for the disposal of spoils from the foundation excavation. 9. Provide area on site for dumpsters. 10. Survey pole locations per the layout and aiming diagram, to be provided Electrical: 1. Provide labor, materials, and equipment to install new electrical service panels as required. 2. Provide labor, materials, and equipment to install all underground conduit, wiring, pull boxes etc. and terminate wiring as required. 3. Complete electrical installation per Musco Control System Summary and Musco Best Practices: Supply Wiring Installation document. If there are any discrepancies between Musco documents and electrical plans (if present), notify your Musco contact. 4. Underground splices are strongly discouraged. If underground splicing is required per the electrical plans, use only listed connector systems, rated for wet locations. 5. Provide as-built drawings upon completion of installation. Musco Responsibilities: 1. Provide required foundations, poles, electrical enclosures, wire harnesses, fixtures, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as defined by 2023 FBC Table 1806.2. 5. Assist our installing subcontractor and ensure our responsibilities are satisfied. Musco Subcontractor Responsibilities General: 1. Contact your local udig for locating underground public utilities and then confirm they have been clearly marked. 2. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities. 2019,2023 Musco Sports Lighting,LLC Date:4/16/2026 Project#218768, Page 1 of 4 M-3219-en04-10 EJ EMM MMEMIMMEEMMM IIIIII IIIII IIII IIII IIIII IIIII II�1 IIIIIIII IIII 3. Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery. Control and monitoring cabinets will need to be given to on-site customer representative. 4. Provide storage containers for materials (including electrical components enclosures) as needed and waste disposal. 5. Provide adequate security to protect Musco delivered products from theft, vandalism, or damage during installation. 6. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 7. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 8. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays. 9. Complete and submit Musco provided closeout checklist including required pictures. Foundations, Poles, and Luminaires: 1. Mark and confirm pole locations per the aiming drawing provided. If there are any issues, immediately notify your Musco Project Manager. 2. Provide labor, materials, and equipment to install LSS foundations as specified on Layout and per the stamped foundation drawings, if applicable. 3. Remove spoils to owner designated location at jobsite. 4. Provide labor, materials, and equipment to assemble Musco TLC-LED fixtures, electrical enclosures, poles, and pole harnesses. 5. Provide labor, equipment, and materials to erect dressed LSS poles and aim utilizing the pole alignment beam. 0000 2019,2023 Musco Sports Lighting,LLC Date:4/16/2026 Project#218768, Page 2 of 4 M-3219-en04-10 4f ib �� ��i i �, e ��,� � i! i�� u w-err � t,. ���� �/i i�� i V f � � /��/ i s ���c i fir ��.� %I �f(4%����/� i �y �������l�i� lli��lll ' �''//�/,fir' ,� %�f�%� ^. .�..� , �� ,�, � � 4r' ii%,��r� i� Off .; 1� a;, � i 'k��j� l� �i <,�ij��,l i h, 2; / Z i MA )� 2 \\ a q} .09 / k /MOil pawn faces aw !{§§§ `- a _ ! 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O O O O O O 0-0 O sv I r M i�ln�r`i I-i:l r'i4L4LZ ry o FD O W N o� N r O ry O. v W u �w 2 u W Z m E E �ii'' th Mc `^mil)-\I � •,••'•• �./ 0 00 t 00 0 BO, ° ° ° ® v ° ° e , " r 00 _ o0 ~� °o 6r a 0 0 0 0 o i 0i o o 0 0 0 0 o 0 0 0 0 0 0 0 0 ® 0 ,, 0 0 ® 0 0 0 0 0 0 0 0 O O 0 0 o 0 0 0 0 0 0 0 bm e O O ° 0 O O O 0 o v o z o� 710/29/2025 E(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 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 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Rebecca Swain Bowen, Miclette& Britt of Florida, LLC a//C"No Ext: (407)647-1616 p/c No:(407)628-1635 850 Concourse Parkway S (A AMAIL Suite#105 ADDRESS: rswain@bmbinc.com Maitland FL 32751 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:James River Insurance Co. 12604 INSURED PEDROFALCO INSURERB:Amerisure Mutual Insurance Company 23396 Pedro Falcon Electrical Contractors, Inc. dba Pedro Falcon Contractors, Inc INSURERC: 31160 Avenue C INSURER D7 Big Pine Key FL 33043-4516 INSURERE: State License#CGC1507617 INSURERF: COVERAGES CERTIFICATE NUMBER:892224727 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 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY A X COMMERCIAL GENERAL LIABILITY Y Y P0000003090 11/2/2025 11/2/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $100,000 np �., i�rc T MED EXP(Any one person) $5,000 ea-___.. . PERSONAL&ADV INJURY $1,000,000 . GEN'L AGGREGATE LIMIT APPLIES PER: WANW wok>�n GENERAL AGGREGATE $2,000,000 POLICY jECT RO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y CA20929391102 11/2/2025 11/2/2026 COMBINED SINGLE LIMIT $ Ea accident 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident A UMBRELLA LAB X OCCUR Y Y 00138713-3 11/2/2025 11/2/2026 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y WC20945261102 11/2/2025 11/2/2026 )( PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: Contact Name shown above. When required by written contract,those parties listed in said contract, including the Certificate Holder,are added as additional insureds with respect to the General Liability including ongoing and completed operations,Auto Liability,and Excess Liability as afforded by the policy and/or endorsements. When required by written contract,waiver of Subrogation is granted with respect to the General Liability,Auto Liability,Workers Compensation,and Excess See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West, FL 33040 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PEDROFALCO LOC#: ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen, Miclette& Britt of Florida, LLC Pedro Falcon Electrical Contractors, Inc. dba Pedro Falcon Contractors, Inc POLICY NUMBER 31160 Avenue C Big Pine Key FL 33043-4516 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability to those parties listed in said contract, including the Certificate Holder. The General Liability and Excess Liability certified herein are primary and non-contributory to other insurance available, but only to the extent required by written contract. For Informational/Bid Purposes Only. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: P0000003090 Effective Date: 11/02/2025 Expiration Date: 11/02/2026 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Locations Of Covered Operations Where required by written contract or written agreement All operations of the Named Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" 11property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 ❑ Policy Number: P0000003090 Effective Date: 11/02/2025 Expiration Date: 11/02/2026 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contractor written All operations of the Named Insureds agreement Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage"caused,in whole or in part, by 'your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 ❑