2nd Amendment 01/18/2017KEVIN MADOK, CPA
MONROE COUN'T'Y CLERK OF THE CIRCUIT COURT & COMVMOLLER
DATE: January 30, 2017
TO: Tammy Sweeting
Administrative Assistant
FROM: Pamela G. Hanc k, C.
SUBJECT: January 18th BOCC Meeting
Enclosed is a duplicate original of each of die following items:
V/ / Item C8 Second Amendment to the Agreement with William P. Hom Architect, P.A. for the
design through construction administration services for the redevelopment of Bernstein Park. This
Amendment is for a fee increase of $192,401.00, from $339,545.00 to $531,946.00, and to revise the
public records language.
Item C14 First Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Bender & Associates Architects, P.A. dated January 21, 2015, to add revised
public records language.
Item C 16 First Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Amec Foster Wheeler Environment & Infrastructure, Inc. dated March 18,
2015, to add revised public records language.
Item C 17 First Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Currie Sowards Aguila Architects dated January 21, 2015, to add revised
public records language.
Item C19 First Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Pike Architects, Inc. dated January 21, 2015, to add revised public records
language.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File V
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
for
Monroe County Redevelopment of Bernstein Park
THIS SECOND AMENDMENT (hereinafter "AMENDMENT ") to the AGREEMENT
BETWEEN OWNER AND ARCHITECT/ENGINEER ( "AGREEMENT ") for the
Redevelopment of Bernstein Park, entered into between MONROE COUNTY ( "COUNTY ")
and WILLIAM P. HORN ARCHITECT, P.A. ( "CONSULTANT ") is made and entered into this
_ day of January, 2017, in order to amend the AGREEMENT, as follows:
WITNESSETH
WHEREAS, on October 16, 2013, the parties entered into an Agreement for Professional
Services for the Redevelopment of Bernstein Park on Stock Island to include the raising of the
field by 18" to 24 ", add new restrooms, sports fields and courts, playground equipment, walking
track, storm water retention system, and removal of a dwelling unit; and
WHEREAS, on April 16, 2014, the Monroe County Board of County Commissioners approved
to include a community building of up to 5,000 sq.ft. to the park redevelopment design; and
WHEREAS, on June 11, 2014, the Monroe County Board of County Commissioners approved a
First Amendment to the Agreement to increase the Consultant's fees due to the significant
increase of cost and complexity of the redevelopment project by the addition of the community
building; and
WHEREAS, the First Amendment adjusted Consultant's fees based on an estimated construction
cost of $4,900,000.00 and using the Fee Guide Calculator provided by the State of Florida,
Department of Management Services for Architectural and Engineering Services Group "D"
Complexity for construction resulting in the Consultant's fee of $339,545.00; and
WHEREAS, on July 31, 2014, Debbie Frederick, as Deputy County Administrator, on behalf of
Roman Gastesi, County Administrator, authorized by Memorandum a lump sum fee of
$26,000.00 to be paid for the additional services required for the design, development, and
certification through the Florida Green Building Coalition of the community building for
inclusion in the park redevelopment design pursuant to a proposal of Trifecta dated July 21,
2014, directed to Consultant; and
1
Redevelopment of Bernstein Park
WHEREAS, in accordance with the original Agreement dated October 16, 2013, Article VIII
paragraph (A), a final adjustment of the Consultant's fee will be made when construction is
complete; and
WHEREAS, the actual contract cost for construction was awarded to the Contractor, Burke
Construction Group, Inc., for $7,921,975.00, which is approximately 61.6% greater than the
estimated cost. A fee adjustment for the Consultant prior to completion of the project is being
considered due to the aforementioned significant increase; now, therefore,
IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as
follows:
1. Article VIII Paragraph 8.2.1 (A) shall be revised to read as follows:
An actual construction cost of $7,921,975.00 shall be used for the Fee Guide Calculator
provided by the State of Florida, Department of Management Services for Architectural
and Engineering Services. Group "D" Complexity for Construction that is Average
Complexity shall be used which establishes a percentage of 6.71% of the Construction
Cost resulting in the Consultants fee of $531,946.
This Second Amendment to the Agreement hereby increases Consultant's fee by
$192,401, from $339,545 to $531,946 as itemized below:
a)
Schematic Design
15%
$79,791.90
b)
Design Development Phase
30%
$159,583.80
c)
Construction Documents Phase
35%
$186,181.10
d)
Bidding or Negotiation Phase
5%
$26,597.30
e)
Construction Administration
15%
$79,791.90
$531,946.00
2. Article XV, Paragraph 15.16 shall be revised as follows with the "Consultant"
referred to herein also as "Contractor" for this provision only:
Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers, letters
or other "public record" 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 contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
2
Redevelopment of Bernstein Park
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers all
public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the Contractor of the request, and the Contractor
must provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract
upon violation of this provision by the Contractor. A Contractor who fails to provide
the public records to the County or pursuant to a valid public records request within a
reasonable time may be subject to penalties under section 119. 10, Florida Statutes.
3
Redevelopment of Bernstein Park
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305- 292 -3470 BRADLEY- BRIAN @MONROECOUNTY -
FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12
Street, SUITE 408, KEY WEST, FL 33040.
3. All other terms and conditions of this Contract shall comply with the Agreement for
Professional Services dated October 16, 2013, and as amended on June 11, 2014,
which shall be made a part of this contract as if written herein in its entirety.
WHEREOF, the parties hereto have executed this Amendment on the date stated
by the Architect must be by a person with authority to bind the entity.
K, CPA
COURT & COMPTROLLER
Deputy Clerk
Date: I8, 2 * ,7
(SEAL)
Attest:
Witnesses for Contractor:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
4. •tea
Mayor /Chairman
Date: tg °`
ARCHITECT
WILLIAM P. HO ARCHITECT, P.A.
By:
Print Name: l/►/1L�f„�j�Z
C -,
Title
Date: /
Signature
am m e fio r lAo
Print.Nar4e Date
Signature
Date
AL
Name
MONROE COUNTY ATTOR OFFICE
2 4:n = DAS T F C U�I NUJ' &N.
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE: I) -- I k-
Redevelopment of Bernstein Park
4
STATE OF FLORIDA
COUNTY OF —43 R nlRD �—
On this al_n r day of P,9 h � 2016, before me, the undersigned notary public, personally
appeared 1 f1 iA,% A r known to me to be the person whose name is subscribed above, or who
produced Gam, as ide i ication, and acknowledged that he /she is the person who executed
the above Secon Amendment to Agreement with Monroe County for Professional Services for the Redevelopment of
Bernstein k for the purposes therein contained.
A
NOTARY PUBLIC 10, G9 ANN M. MYTNIK
s Nogfy Pubk • WAS of F10fida
My Commission expires: =:� •s Commission * GG 009008
Eqkss Ju124. 2020
5
Redevelopment of Bernstein Park
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1715 N. Wastabore Blvd. Suite 700
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