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1st Amendment 12/20/2016FIRST AMENDMENT TO TASK ORDER FOR CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND CURRIE SOWARDS AGUILA ARCHITECTS. INC. FOR PLANTATION KEY WWTP-ABANDONMENT PLAN This First Amendment to the Task Order for Consultant Agreement for Professional Architectural and Engineering Services between MONROE COUNTY (the "OWNER" or "COUNTY"), and CURRIE SOWARDS AGUILA ARCHITECTS, INC. ("CONSULTANT" / "CONTRACTOR") for Plantation Key WWTP-Aban t, dated January 21, 2015, ("Consultant Agreement"), is made and entered into t day of 2016, in order to amend the Task Order dated April 20, 2015, as follows. WITNESSETH WHEREAS, at the January 21, 2015, Board of County Commissioners' meeting the Board granted approval and execution of a continuing contract with Currie Sowards Aguila Architects, Inc., pursuant to Florida Statute Sec. 287.055(2)(g), to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00/100 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 and 00/100 Dollars ($200,000.00); and WHEREAS, a Task Order for professional services for the design through construction administration to decommission and abandonment of the waste water treatment facilities at Plantation Key Government Center and Roth Building Complex was entered into on the 20th day of April, 2015 ("Task Order"); and WHEREAS, the current scope of work did not include modifications to the existing site capacities or capacity analysis, modifications to the onsite sanitary sewer collection system, or modifications to any emergency generator facilities for either site; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the aforementioned Task Order shall be amended as follows: 1. Scope of Basic Services shall be revised to include the following for Plantation Key Government Center and Roth Building Complex waste water facilities: a) CONSULTANT will review and coordinate new water usage data with Monroe County to establish the proposed capacity. b) CONSULTANT will prepare a revised permit application package for signature by the Owner and submit the package to the permitting agency for review. c) CONSULTANT will prepare revised drawings depicting the new grinder station, valve vault, control panel. and forced main piping. 1 d) CONSULTANT will incorporate revised drawings into the drawings referenced in the original Task Order decommissioning the waste water treatment facilities. 2. COUNTY shall pay the CONSULTANT an additional total lump sum fee of $7,700 for the additional services and drawings billed monthly on a percentage complete basis. 3. Article IX, paragraphs 9.9 (Public Records) and 9.22 (Public Access) of the Professional Architectural and Engineering Services Agreement shall be revised as follows: 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. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: a. Keep and maintain public records that would be required by the County to perform the service. b. 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. c. 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. d. 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 01 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. e. 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# 30S-292-3470 BRAD LEY -BR IAN MONROECOUNTY-FL.GOU MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" STREET SUITE 408 KEY WEST FL 33040 The remaining terms and conditions of the Task Order of April 20, 2015, and the Consultant Agreement of January 21, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, each party caused this First Amendment to Task Order to be executed by its duly authorized representative. M NROE COUNTY DIRECTOR— PROJECT nMENT 16 Doug Sposito Date MONROE COUNTY ATTORNEY'S OFFICE A 'PROVED, ASAS TO FO�M -� PATRICIA EA8LES ASSISTANT COUNTY 1TORNEY DATE- 3 CONSULTANT CUR I WARDS AGUILA ARCHITECTS, INC. Print Name: <.4- �._. Title: N Witnesses to signature: By. -- Print Name: Date By:�- Print Name: Title; Title: