HomeMy WebLinkAbout03rd Amendment 05/17/2017CaRi�
°- Kevin Madok, cPA
.. : 4
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
C
DATE: May 26, 2017
TO: Cary Knight, Interim Director
Project Management
VIA: Tammy Sweeting
Executive Assistant
FROM: Pamela Hanc ck, .C.
SUBJECT: May 17 BOCC Meeting
Enclosed is a duplicate original of Item C40, Third Amendment to the Agreement for
Professional Services with Currie Sowards Aguila Architects, Inc. for the design through
construction administration of the Plantation Key Judicial Courthouse and Detention Facility, in
the amount of $295,790.00, for your handling.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305 - 289 -6027 305 -852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
THIRD AMENDMENT
TO THE AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE
PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY
THIS THIRD AMENDMENT (hereinafter "THIRD AMENDMENT ") to the
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
CONSULTANT (the "Agreement ") is made and entered this 17` day of May, 2017,
between MONROE COUNTY ( "County ") and CURRIE SOWARDS AGUILA
ARCHITECTS, INC. ( "Consultant "), in order to amend the Agreement between the
parties dated February 18, 2015, as First Amended on May 20, 2015, and as Second
Amended on October 21, 2015, as follows:
WITNESSETH
WHEREAS, on the 18th day of February, 2015, the parties entered into an Agreement for
professional services to design and permit the Plantation Key Judicial Courthouse and
Detention Facility; and
WHEREAS, on the 20` day of May, 2015, the parties agreed to a First Amendment to the
Agreement increasing Consultant's scope of work to undergo a site plan review and
approval process which is a requirement for the Village of Islamorada; and
WHEREAS, on the 21" day of October 2015, the parties agreed to a Second Amendment
to the Agreement to provide a schedule of values for compensation that includes the
Schematic Design, Design Development, Construction Documents, Bidding and
Permitting, and Construction Administration phases; and
WHEREAS, Additional Services are services not included in the Scope of Basic
Services and are typically furnished beyond the Agreement for Professional Services and
have additional fees and expenses negotiated based on the specific scope of services; and
WHEREAS, the following services are considered Additional to Basic Services and are
in accordance with Attachment C of the Agreement dated February 18, 2015, and with
the Florida Department of Management Services Design Professional Guidelines. These
services are considered necessary for the Scope of Services for the completion of the
design through construction of the Plantation Key Courthouse and Detention Center:
Civil Engineering Design, including Paving /Grading /Utilities /Drainage; Landscape
Architectural & Irrigation Design; Voice /Data Communications, Electronic & AV,
Security; Acoustics; Sustainable Design Consultant (FGBC); and Cost Estimating; and
WHEREAS, County desires to revise language in its contractors and/or agreements for
Public Records compliance in accordance with Chapter 119 of the Florida Statutes
pursuant to legislative revisions to § 119.0701 which became effective March 8, 2016,
and any subsequent changes thereto; and
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein,
the parties hereby agree that the original Agreement dated February 18, 2015, shall be
amended as follows:
1
Plantation Key Judicial Courthouse and Detention Facility
I . In accordance with Article III, paragraph 3.2 of the Agreement dated February 18,
2015 Consultant shall engage in the services of sub - consultants to incorporate
their design in the preparation of bid and permit documents, including
construction documents, specifications, and permit assistance needed to construct
the project through Certificate of Occupancy and final Owner acceptance. Sub -
consulting services will be required for Civil Engineering, Landscape and
Irrigation design, Voice /Data/AVand Security, Acoustics, Sustainable Design and
Cost Estimating.
2. Sub - consultant services shall be invoiced at the actual fees paid by the Consultant,
plus an additional ten percent (10%) of the cost of these services to compensate
Consultant for the procuring and management of the sub - consultant, and for the
other financial and administrative costs.
3. The County shall pay the Consultant monthly in current funds for a percent
complete of each sub - consultant's performance, a lump sum of Two Hundred
Ninety Five Thousand Seven Hundred Ninety Dollars and 00 /100 ($295,790.00)
as follows:
Civil Engineering Design, including Paving /Grading /Utilities /Drainage $119,900.00
Landscape Architectural & Irrigation Design 21,670.00
Voice /Data Communications, Electronic & AV, security 74,800.00
Acoustics 20,680.00
Sustainable Design Consultant (FGBC) 33,990.00
Cost Estimating 24,750.00
Total $295,790.00
4. Article 9.21, Public Access, of the Agreement dated February 18, 2015 shall be revised as
follows with the aforementioned 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 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.
2
Plantation Key Judicial Courthouse and Detention Facility
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.
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 -
3
Plantation Key Judicial Courthouse and Detention Facility
BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY
WEST, FL 33040.
The remaining terms of the Agreement for Plantation Key Judicial Courthouse and
Detention Facility dated February 18, 2015, and as First Amended on May 20, 2015, and
as Second Amended on October 21, 2015, not inconsistent herewith, shall remain in full
force and effect.
WHEREOF, the parties hereto have executed this Amendment on the date
MADOK, CLERK
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Plantation Key Judicial Courthouse and Detention Facility
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
B Z.
Mayor /Chairman
ARCHITECT/ENGINEER
CURRIE O ARDS AGUILA ARCHITECTS
By: l
Title:
MONROE COUNTY ATTORNEY'S OFFICE
() AFPRpVED AS TO FORD
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE: 4 — 2-7-1 L.P
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