4th Amendment 06/15/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: June 21, 2011
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contracts Administrator
FROM: Pamela G. HancSckk.C.
At the June 15, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Item C 11 First Amendment to Contract with Bender & Associates Architects, P.A. for
additional services for re- design and architectural drawings for a section of fencing at the West
MartelloTower. Enclosed is a copy.
f Item C13 Fourth Amendment to Contract with William P. Horn Architect, P.A. for design
and construction documents for the beachside playground in Phase 1 of Higgs Beach redesign.
Enclosed is a duplicate original.
Should you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File ✓
THIS FOURTH AMENDMENT (herein after "AMENDMENT") to the CONTRACT
BETWEEN OWNER AND ARCHITECT/ENGINEER ( "CONTRACT") for the Higgs Beach
Park Master Plan, entered into between MONROE COUNTY (the "Owner" or "County'), and
WILLIAM P. HORN ARCHITECT, P.A. (" Architect /Engines") is made and entered into this
15' day of June, 2011, in order to amend the CONTRACT, as follows:
WHEREAS, on the 16 day of December, 2009, the parties entered into a continuing contract for
projects in which the estimated construction costs of each individual project under the contract
does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for
professional services for each individual study under the contract does not exceed Two Hundred
Thousand Dollars ($200,000.00); and
WHEREAS, on the 1 day of March, 2010, the parties entered into a contract for an individual
study for the purpose of developing a Higg's Beach Park Master Plan; and
WHEREAS, on the 15 day of December, 2010, parties entered into a F= Amendment to
Contract extending the contrad time by ninety days (90 days), from December 12, 2010 to
March 12, 2011; and
WHEREAS, the Owner approved Phase I of the Master Plan at its public meeting on January 19,
2011, and approved to proceed to Phase H of the Master Plan; and
WHEREAS, on the 16' day of February, 2011, the parties agreed to a Second Amendment to
Contract Extending the Contract time to proceed with Phase II by One Hundred and Eighty Days
(180 days) from March 12, 2011 to September 8, 2011; and
WHEREAS, on the 18 day of May, 2011, the parties agreed to Additional Services in the
amount of $3,382.50; and
WHEREAS, the County wishes to have the "Architect/Engineee' design a Playground area for
Phase One on the beach side of Higgs Beach, which will include demolition of presently existing
structures on the site of the playground, as well as playground equipment, and other items as part
of the Higgs Beach Park Master Plan design; and
WHEREAS, it is in the best interest of the public to have the design and related matters for the
beachside playground to be done by the Architect/Engineer who drafted the recently approved
Master Plan; now therefore
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
I. The original Agreement dated March 17, 2010, stated at Article 2.1.1 that, "The Architect is
not responsible for the development of construction documents ". This paragraph was intended to
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limit the Agreement to the development and approval of the Master Plan so that the construction
could be done in segments as funding becomes available.
2. The original Agreement dated March 17, 2010 must be amended in order to allow the
Architect/Engineer to provide a design for the phase one playground area of the Higgs Beach
project, which requires development of construction documents. It is the intent of the County to
amend the original agreement for this limited and specific purpose only
Article II Scope of Amhitect/EngineWs Basic Services in the March 17, 2010 Agreement is
amended to add paragraph 2.1.4 to read as follows:
"21A Additional Basics services under Phase One shall include the design of a
new playground area beachside of the present road which bisects the site. This new
Playground design will coordinate with the future location of the playground area
per the master plan and still be completely usable as built. The scope of the work
shall include the creation of a site plan, design plan and details, development of the
construction drawings and specifications including demolition of cabanas, a design
for fencing, playground equipment, additional sand, sidewalk renovations, and
relocation of recycle area and other related items. The design and specifications
shall be done in a manner which will enable the County to have the project
permitted, and redesigned if necessary until a permittable design is attained. The
lump sum amount for this portion shall be Eight Thousand Dollars ($8,000.00).
The Architect/Fngineer shall also assist in the bidding phase by at the pre-
bid meeting attendance to answer questions, and to assist in the response to any
bidding questions during bidding process, and to assist in the bid review. The lump
sum amount for this portion shall be One Thousand Dollars ($1,000.00).
In addition, during the construction administration phase, the Architect shall assist
by providing the construction administration on the new playground area by
providing administration of the OwnedConrracwr contract which shall include site
visits, review of shop drawings and schedule of values, and timely responses to
Requests for Information from the contractor or the County. The Architect/Fugineer
shall review any as -built drawings furnished by the Contractor and shall certify to
the Owner that same are adequate and complete. The Architectfflngineer shall,
without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the ArchitecVEngineer or its
consultants, or both.
Upon receipt, the Architect/F.ngineer shall carefully review and examine
the Contractor's Schedule of Values, together with any supporting documentation or
data which the Owner or the ArchitecdEngmeer may require from the Contractor.
The purpose of such review and examination shall be to protect the Owner from an
unbalanced Schedule of Values which allocates greater value to certain elements of
the Work than is indicated by such supporting documentation or data, or than is
reasonable under the circumstances. The site visits Architect/Engineer shall
carefully inspect the work of the Contractor and shall, at a minimum, inspect work
at the Project site during the construction and at the end of the construction. The
Purpose of such inspections shall be to determine the quality and quantity of the
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work in comparison with the requirements of the Construction Contract. In malting
such inspections, the Architect/Engincer shall protect the Owner from continuing
deficient or defective work, from continuing unexcused delays in the schedule and
from overpayment to the Contractor. Following each inspection, the
Architect/Engineer shall submit a written report of such inspection, together with
any appropriate comments or recommendations to the Owner. Due to the small size
of the project this report may be made via email and is not expected to be as
intensive and formal as expected on large projects. The Architoct/Engincer shall
review any as -built drawings furnished by the Contractor and shall certify to the
Owner that same are adequate and complete. The Archite tlEngineer shall, without
additional compensation, promptly correct any errors, omissions, deficiencies, or
conflicts in the work product of the Architect/Engineer or its consultants, or both.
The lump sum amount for this portion shall be Two Thousand Dollars ($2,000.00).
The Owner and the Arduteaffingmeer agree that cost of this specific
scope of work, inclusive of any subcontractors of the Architect/Engineer, for this
playground design and related items shall not exceed the total lump sum amount of
Eleven Thousand Dollars ($11, 000.00), and no additional services shall be awarded
for this scope of work."
1. In addition, Article VIII shall be amended to change the fee schedule at 8.1.1.A of the
March 17, 2010 Agreement, to read as follows:
"8.1.1.A - Phase One Fees
Architectural, Planner, Civil, etc ...................... .....................$45,000.00
Surveyor.................. ............................... .....................$10,500.00
Revisions to Master Plan Phase I ............. ..............................$ 3,382.50
(pursuant to Third Amendment dated May 18, 2011)
Design for Phase One Playground Total $1100000
- Design, Construction Documents and Specifications Fee.. $8,000
- Bidding Phase Fee ............... ............................... $1,000
- Construction Administrdtion Fee ..... .........................$2,000
(pursuant to Fourth Amendment)
Phase One
Total ..................... ............................... ......................$69,88250
8.1.1. B - Phase Two Fees
Architectural, PIarmer, Landscape Design,
Civil Engineering, Lighting Engineering,
Studies and assessments etc $76.50000
Phase Two Total ......... ............................... .....................$76,500.00
8.1. LC — Total Contract Sum
PhaseOne ............... ............................... .....................$69,882.50
Phase Two .................. ..... ............................................. S76. -iffl- ()
Total Contract Sum ........ ............................... .............$146,382.50
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At this time the number of buildings (saw and/or to be renovated) is unknown.
There bw the above costs are based on design work for four (4) buildings.
Additional buildings will be billed as stated below.
Any additional work for Phase One or Phase Two can be completed at a fbW fee,
which will be stated in Amendment Than or at die standard houdy rates Bated in
Exhibit A of the Agreement dated March 17, 2010. All Amendments or agreements
for use of standard rates shall be in writing and cwcated in the same formalities as
this A and the Agreement dated Mardi 17, 2010.
The Tate! Contract Sam is $146,382.36 (one bmdred forty-als fhemand three
hundred and amity -two ddlaas and Ahy cantor
2. The remaining terms of the CONTRACT, not inconsistent bmwith, shall remain in full
force and effec L
WITNESS WIEMF, the parties hereto have owculed this Faaath Amendment an the date
si.6debove. Execution by the Archited/Engireer must be by a person with audi ft to bind
thee"
'Attest I? TNY L. KOLHAGE, CLFRK BOARD OF COUNTY COMMISSIONERS
t j ' OF MONROE
._ :
By: COUNTY, PLO
i Clerk
Dyie. f ri' lotr Br.
Witnesses grin 'te ARC1fn=,/EN
Witness 1: WUIJAM P. ARCEIITF . P.A.
Print Name: U
Dam BY
Print Names L a IV
2: Title: P41
Print Name: L A Deter
Date: —
STATE OF FLORIDA
COUNTY OF ohrYJ
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