1st Amendment 12/14/2011 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 15, 2011
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contract Administra •
FROM: Pamela G. Hancoc D.C.
At the December 14, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Item C31 First Amendment to a previous Contract with William P. Horn Architect, P.A.
for Professional Services regarding the Stock Island Fire Station; this amendment will extend the
contract to allow for the reuse of his existing design which was used for the Big Pine Key Fire
Station and is an exemption to the competitive selection process under F.S. 287.055(10).
Item C32 Sixth Amendment to Contract with William P. Horn Architect, P.A. for a no
cost time extension of six months.
Enclosed is a duplicate original of each of the above - mentioned for your handling. Should
you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File
FIRST AMENDMENT TO CONTRACT
BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS FIRST AMENDMENT (herein after "amendment ") to the CONTRACT
BETWEEN OWNER AND ARCHITECT/ENGINEER ( "CONTRACT ") for the Renovation and
Addition of the Stock Island Fire Station, entered into between MONROE COUNTY (the
"OWNER" or "COUNTY "), and WIILLIAM P. HORN ARCHITECT, P.A.
( "ARCHITECT/ENGINEER '), is made and entered into this 14'' day of December 2011, in
order to amend the CONTRACT, as follows:
WHEREAS it is in the public interest to have an expanded and updated fire station located on 2nd
Street and MacDonald Avenue in Stock Island, Key West, Florida; and
WHEREAS, the current fire station is inadequate, the building is substandard, in disrepair and
not in compliance with current code; and
WHEREAS, on the 15 day of November 2006, the parties entered into a contract for
Professional Services with ARCHITECT/ENGINEER for renovations and additions to the Stock
Island Fire Station; however, the construction was delayed until the County could purchase
additional property on which to build a fire station; and
WHEREAS, on September 30, 2011 the County purchased Lots 12, 13, 14, and 15, Block 31,
Stock Island Maloney Subdivision Plat Book 1 and page 55 of the Public Records of Monroe
County, Florida, for the purpose of constructing a new Fire Station on Stock Island, and
WHEREAS, now that the additional property for the Stock Island Fire Station has been
purchased, the COUNTY has the opportunity to demolish and replace the old building and to
replace it with a new fire station built to code with sustainable features and with landscaping and
parking in lieu of the original plan of 2006 for the renovation and addition; and
WHEREAS, the ARCHITECT/ENGINEER has designed other fire stations in the county and
can successfully modify and reuse his design of the "Big Pine Key Fire Station", as provided in
F. S. 287.055(10), and retrofit the design to meet the specifications of a new Stock Island Fire
Station; and
NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein, the
parties hereby agree as follows:
1. The original Contract dated November 15, 2006 is hereby amended in order to construct
a new Fire Station on the four (4) lots purchased on MacDonald Avenue and revise the scope of
work for the existing Fire Station located on the corner of MacDonald and 2n Street, rather than
the renovation and addition originally agreed upon.
Stock Island Fire Station Page 11
2. The ARCHITECT/ENGINEER agrees to the reuse of his existing plans previously used
for the `Big Pine Key Fire Station" as the design for the new Stock Island Fire Station; with the
modifications provided for in this First Amendment to the Contract dated November 15, 2006.
3. The second and the third paragraph on the first page of the original contract dated
November 15, 2006 shall be amended to read as follows:
"The professional services required by this Contract are to be rendered for the Stock
Island Fire Station, identified as the Project, and shall be described as follows:
Professional Services for the Demolition of the existing Fire Station. Design through
Construction Administration for the addition of a new 3 Bay Fire Station Building,
Landscaping, Drainage System and Parking on site. Modify the design of the "Big Pine
Key Fire Station to meet layout requirements on the four (4) lots purchased on
MacDonald Avenue for a brand new Fire Station. Work includes redesigning the site
plan layout, new parking and drive layout, new civil design, new landscape design, new
site utility design, new stair and ramp access layout. Building modifications include
updating documents and specifications to meet new codes and windloads, re- orienting the
garage bays 90 degrees to meet new site layout and redesigning building as required for
this change, recalculating a/c load for new orientation, updating all specifications to meet
the Florida Green Building Coalition Standards (for example, more efficient a/c, low flow
plumbing fixtures, better insulation and building envelope, new window and door
systems, low VOC paints, etc.), adjusting the height of the first floor to the required flood
elevation for this site and possible relocation of exits to fit the site constraints. Work
includes meetings and coordination. This work will be a revision to the schematic
design, design development and construction document phases.
4. Article II of the original Contract dated November 15, 2006 shall be amended to add the
following
"1.1.6 The parties acknowledge that this Project is a reuse of an existing design,
therefore the word "design" shall mean `redesign" when referring to a change in the original
design to make it appropriate for the Stock Island Fire Station site and the necessities due to code
requirements or standards. The parties further acknowledge that every item listed in Article II
Paragraphs 2.2 through 2.6 will need to be redesigned. ARCHITECT/ENGINEER shall consult
with COUNTY so that the redesign conforms to the scope of work and limits redesign where
appropriate for the Project."
5. Article VI paragraph 6.1 "INDEMNIFICATION AND HOLD HARMLESS" of the
original Contract dated November 15, 2006 shall be amended to read as follows:
Stock Island Fire Station page 12
"6.1.1 Notwithstanding any minimum insurance requirements prescribed
elsewhere in this Contract, the ARCHITECT/ENGINEER covenants and agrees
that he shall indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii)
any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of or in connection with, (A) any
activity of ARCHITECT/ENGINEER or any of its employees, agents, or other
invitees during the term of this Contract, (B) the negligence or willful
misconduct of ARCHITECT/ENGINEER or any of its employees, agents, or
other invitees, or (C) ARCHITECT/ENGINEER's default in respect of any of the
obligations that it undertakes under the terms of this Contract, except to the
extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or negligent acts in part
or omissions of the COUNTY or any of its employees, agents, or invitees (other
than ARCHITECT/ENGINEER). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Contract, this section will survive the expiration
of the term of this Contract or any earlier termination of this Contract.
In the event the completion of the project (including the work of others) is
delayed or suspended as a result of the ARCHITECT/ENGINEER's failure to
purchase or maintain the required insurance, the ARCHITECT/ENGINEER 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
ARCHITECT/ENGINEER 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 Contract. "
6. Article VII paragraph 7. 1.1 of the original Contract dated November 15, 2006 shall delete
Olha Lysyak, as Intern Architect, and add Frank Herdiska, as an additional Architect.
7. Article VIII Paragraph 8.1.1 of the original Contract dated November 15, 2006 shall be
amended to read as follows:
11 8.1.1 For its assumption and performances of the duties, obligations and
responsibilities set forth herein, the ARCHITECT/ENGINEER shall be paid monthly, in
accordance with the following schedule:
Stock Island Fire Station Page 13
(A) The total architect/engineering fee for the Project shall be One Hundred
Eighty Five Thousand Three Hundred Sixty Four Dollars and 00 /100 ($185,364.00).
The fee shall be based on the following criteria:
1.
Schematic Redesign
15 percent
2.
Redesign Development Phase
30 percent
3.
Construction Documents Phase
35 percent
4.
Bidding or Negotiation Phase
5 percent
5.
Construction Phase
15 percent
(B) For the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided same
are first authorized in writing by the COUNTY, the
ARCHITECT/ENGINEER shall be paid hourly at the rates identified in
Exhibit " A" to this Amendment, or as negotiated.
(C) If the Architect/Engineer's duties, obligations and responsibilities are
materially changed through no fault of the ARCHITECT/ENGINEER
after execution of this contract, compensation due to the
ARCHITECT/ENGINEER shall be equitably adjusted, either upward or
downward;
(D) As a condition precedent for any payment due under this contract, the
ARCHITECT/ENGINEER shall submit monthly, unless otherwise agreed
in writing by the COUNTY, an invoice to the COUNTY requesting
payment for services properly rendered and reimbursable expenses due
hereunder. The ARCHITECT/ENGINEER's invoice shall be accompanied
by such documentation or data in support of expenses for which payment
is sought as the COUNTY may require.
8. Article XII Paragraph 12.1.2 of the original Contract dated November 15, 2006 shall be
amended to read as follows:
The Architect/Engineer shall furnish the County certificates of insurance indicating the
following coverages or in excess thereof
Worker's Compensation in the amount of Statutory Limits; Employer's Liability $100,000
Bodily Injury by Accident, $500,000 Bodily Injury by Disease policy limits, $100,000 Bodily
Injury by Disease each employee; General Liability (Premises Operations, Products and
Completed Operations, Blanket Contractual Liability, Personal Injury Liability, Expanded
Definition of Property Damage) $500,000 Combined Single Limit. If split limits are provided the
minimum limits acceptable shall be $250,000 per Person, $500,000 per Occurrence, $50,000
Property Damage; Vehicle Liability should extend a liability for owned, non - owned, and hired
Stock Island Fire Station page 14
vehicles with coverage of $100,000 Combined single Limit. If split limits are provided, the
minimum limits acceptable shall be $50,000 per Person, $100,000 per Occurrence, $25,000
Property Damage; Architects Errors & Omissions Liability with $500,000 per
Occurrence/$ 1,000,000 Aggregate. Architects Errors and Omissions Liability Insurance shall be
maintained in force for a period of two years after the date of Substantial Completion of the
Project. Monroe County shall be named as an additional insured on the General Liability and
Vehicle Liability policies.
9. The following paragraphs shall be added to Article XV of the original Contract
dated November 15, 2006:
w. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy
of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Contract. The DBE requirements of applicable federal and
state laws and regulations apply to this Contract. The County and its Architect/Engineer
agree to ensure that DBE's have the opportunity to participate in the performance of the
Contract. In this regard, all recipients and the Architect/Engineer shall take all necessary
and reasonable steps in accordance with applicable federal and state laws and regulations
to ensure that DBE's have the opportunity to compete and perform contracts. The
County and Architect/Engineer shall not discriminate on the basis of race, color, national
origin or sex in award and performance of contracts, entered pursuant to this Contract.
x. The Architect/Engineer warrants that he or she has not employed or retained any
company or person, other than a bona fide employee working solely for the
Architect/Engineer to solicit or secure this Contract and that he or she has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for the Architect/Engineer any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Contract.
y. Architect/Engineer shall not disclose, publish, or authorize others to disclose or
publish, design data, drawings, specifications, reports, or other information pertaining to
the services performed by Architect/Engineer or other information to which
Architect/Engineer has had access during the Term of the Contract without the prior
written approval of the County during the term of the Contract, and for a period of two
(2) years after the termination of the Contract. Nevertheless, the parties agree that the
Architect/Engineer may use and publish the County's name and give a general
description of the work provided by the Architect/Engineer for the purpose of informing
other clients and potential clients of the Architect/Engineer's work experience and
qualifications.
Should the County receive a request for documents pursuant to Chapter 119,
Florida Statutes, Architect/Engineer shall cooperate with the County to facilitate the
Stock Island Fire Station Page 15
County's compliance with Chapter 119, Florida Statues. Should Architect/Engineer
assert any exemptions to the requirements of Chapter 119 and related statutes, the burden
of establishing such exemption, by way of injunctive or other relief as provided by law,
shall be upon Architect/Engineer. Failure by Architect/Engineer to cooperate in
connection with a Public Records request shall be grounds for immediate unilateral
cancellation of the Contract by the County.
z. All reference to the term "Construction Management" in the contract dated
November 15, 2006 shall be revised to the term "Project Management" and shall carry
the same meaning and responsibilities.
10. The remaining terms of the Contract, not inconsistent herewith, shall remain in full
force and effect.
F, the parties hereto have executed this First Amendment on the date
cution by the Architect/Engineer must be by a person with authority to bind
D. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONRO A
By:
Deputy Clerk Ma or /Chairman
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Witnesses for4rchite c g' eer
Witness 1:
Print Name: A)
Date: — L
Witness 2:
Print Name:
Date: _ II /a I
STATE OF FLORIDA
ARCHITEC /HOARCHITECT,
WILLIAM P P.A.
By:
Print Name: 4 W A
Title:
Date:
Cn CD
COUNTY OF
On this day of ^� �'���- , 20 before me, the undersigned notes: public,
personally appeared , known to me to be the person whose DWe
is subscribed above or who produced )- l Gt 4,5 t_ as identification, gild o
acknowledged that he/she is the person who executed the above First Amendment with Monroe County for
Architect/EngineerinAservices for the Stock Island Fire Station, for the purposed therein contained
Notary Public
Print Name My commission expires
Stock Island Fire Station �_�, Page 6
JOAN E" SHERRY
,,. MY COM.MjSSION # DD 874554
EXPIRES: March ?6, 2013
N: F �� • C;onded ?hru Noiary f "':,h!'•c Un__ r
EXHIBIT "A"
WILLIAM P. HORN ARCHITECT, P.A. Licen e N,, AA 060'
91' EATON STRFFT. KFY ATST. FLORIDA ,1040 PHONE: +>* <'9! K;iiF FAX:
Date: 11/7/11
To: Jerry Barnett
Facilities Development Coordinator
":Monroe County
Re: Hourly Rates
Stock Island Fire Station
Dear Mr. Barnett,
Our standard hourly rates are as follows:
Principal Architect $225.00/hr
Architect
$150.00/hr
Intern Architect
$125.00/hr
Draftsperson
$95.00/hr
Structural Engineer
$150.00 /hr
MEP Engineer
$150.00/hr
Principal Civil Engineer$] 50.00/hr
Senior Civil Engineer
$120.00/hr
Civil Engineer
$100.00 /hr
Landscape Architect
$125.00 /hr
Planner
$150.00/hr
Please call if you have any questions. We are looking forward to working
with you.
e
Sincerely
WILLIAM P: HORN ARCHITECT, F.A.
William P. Horn,
Principal