2nd Amendment 04/19/20186
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Clerk of the Circuit Court & Comptroller = Monroe County, Florida
DATE: May 11, 2018
TO: Ann Mytnik, Sr. Contracts Administrator
Project Management
Tammy Sweeting
Executive Assistant
FROM: Pamela G. Hancock, D.C.
SUBJECT: April 19 BOCC Meeting
Attached is an electronic copy of the amendments listed below for your handling.
C13 Second Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Bender & Associates Architects, P.A.
C14 Second Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Amec Foster Wheeler Environment & Infrastructure, Inc.
C16 Second Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Currie Sowards Aguila Architects, Inc.
C15 Second Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Bermello, Ajamil & Partners, Inc.
C17 Second Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with William P. Horn, Architect, P.A
C26 First Amendment to the Continuing Professional Engineering and Surveying Services
Agreement with Perez Engineering and Development, Inc.
C27 First Amendment to the Continuing Professional Engineering and Surveying Services
Agreement with Thompson Youngross Engineering Consultants, LLC,
Should you have any questions, please feel free to contact me at extension 3550.
cc: County Attorney
Finance
File
KEY WEST
5010 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 -289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
SECOND AMENDMENT
TO THE CONSULTANT AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
This Second Amendment ( "Amendment ") made and entered into this 19 day of April
2018, by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns,
hereinafter referred to as "County ", through the Monroe County Board of County
Commissioners (`BOCC "),
AND
William P. Horn, Architect, P.A. whose address is 915 Eaton Street, Key West, Florida,
33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ",
WITNESSETH:
WHEREAS, on the 21 day of January 2015, the parties entered into a Consultant Agreement for
Professional Architectural and Engineering Services ( "Agreement "), 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, on the 15 day of February 2017, the First Amendment to the Agreement was
approved revising Public Records compliance language in accordance with Chapter 119 of the
Florida Statutes pursuant to legislative revisions to § 119.070 1, which became effective March 8,
2016, and any subsequent changes thereto; and
WHEREAS, County desires to add required Federal Contract Provisions to its contracts and/or
agreements; and
WHEREAS, County desires to include an article in the Agreement establishing a timeline for
performance and cost estimating requirements; and
WHEREAS, Consultant agrees and consents to such revisions in its Agreement to ensure Federal
Required Contract Provision requirements and a timeline for performance and cost estimating
requirements; and
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WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the Federal
Required Contract Provisions and the timeline for performance and cost estimating requirements;
and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follows:
1. Article IX, Paragraph 9.5 of the Agreement, is hereby amended to include the following
Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is
also referred to herein as "Contractor" for the Federal Required provisions:
9.5 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this Agreement after five (5)
days' written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to
perform the covenants herein contained at the time and in the manner herein provided. In
the event of such termination, prior to termination, the COUNTY shall provide
CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR
with an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the COUNTY terminates this Agreement with
the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this Agreement prior to termination, unless the cost of completion
to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY
reserves the right to assert and seek an offset for damages caused by the breach. The
maximum amount due to CONTRACTOR shall not in any event exceed the spending cap
in this Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the County's False Claims
Ordinance, located at Section 2 -721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the
COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds remaining
in the contract. The maximum amount due to CONTRACTOR shall not exceed the
spending cap in this Agreement. In addition, the COUNTY reserves all rights available
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to recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the County's False
Claims Ordinance, located at Art. IX, Section 2 -721 et al. of the Monroe County Code.
2. Article IX, Paragraph 9.18 of the Agreement, is hereby amended to include the following
Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant' ' is
also referred to as "Contractor" for the Federal Required provisions:
9.18 NONDISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY
A. CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action of the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. This include but are not
limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination
of the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965
Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R.
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Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as
follows:
1) The CONTRACTOR will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, sexual orientation,
gender identity, or national origin. The CONTRACTOR will take affirmative
action to ensure that applicants are employed, and that employees are treated
equally during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees
placed by or on behalf of the CONTRACTOR, state that all qualified
applicants will receive consideration for employment without regard to race,
color, religion, sex, sexual orientation, gender identity; or national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate
against any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee, who has access to the
compensation information of other employees or applicants as a part of-such
employee's essential job functions, discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
CONTRACTOR'S legal duty to furnish information.
4) The CONTRACTOR will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract
or understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the CONTRACTOR'S
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) The CONTRACTOR will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
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6) The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
7) In the event of the CONTRACTOR'S non - compliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be canceled, terminated, or suspended
in whole or in part and the CONTRACTOR may be declared ineligible for
further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
3. Article IX, Paragraph 9.30 of the Agreement, is hereby amended to include the following
Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is
also referred to as "Contractor" for the Federal Required provisions:
9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
AND OBLIGATION
It is the policy of the COUNTY that DBE's, as defined in 49 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 Agreement. The DBE requirements of
applicable federal and state laws and regulations apply to this Agreement. The COUNTY
and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in
the performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state laws
and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts, including but not limited to 2 C.F.R. §200.321. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of contracts, entered pursuant to this
Agreement. CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.
a. If the CONTRACTOR, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used whenever
possible
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i. Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses, and women's
business enterprises;
V. Using services and assistance, as appropriate, of such organizations
as the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
4. The Agreement is hereby amended to include the following identified as Article IX,
Paragraphs 9.31, 9.32, and 9.33, Federal Contract Requirements, wherein the aforementioned
"Consultant" is also referred to as "Contractor" for the Federal Required provisions:
9.31 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its sub - contractors must follow the provisions as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including
but not limited to:
9.31.1 Clean Air Act and the Federal Water Pollution Control Act CONTRACTOR
agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251 -1387) and will report violations to FEMA and the Regional
Office of the Environmental Protection Agency (EPA).
9.31.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148) When required by Federal
program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction "). In accordance with the statute, CONTRACTORS must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, CONTRACTORS must
C.
be required to pay wages not less than once a week. If applicable, the COUNTY must
place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The COUNTY must report
all suspected or reported violations to the Federal awarding agency. When required by
Federal program legislation, which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program (it does not apply to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program), the CONTRACTORS must also
comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from
the United States "). As required by the Act, each CONTRACTOR or subrecipient is
prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he
or she is otherwise entitled. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The CONTRACTOR shall comply with 18
U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
ii) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
9.31.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708) Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the employment
of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of forty (40) hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous. These
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requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of
intelligence.
9.31.4 Rights to Inventions Made Under a Contract or Agreement If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
9.31.5 Clean Air Act (42 U.S.C. 7401- 7671q.), Water Pollution Control Act (33 U.S.C.
1251 -1387) as amended Contracts and subgrants of amounts in excess of $150,000 must
comply with all applicable standards, orders, or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
9.31.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
9.31.7 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) CONTRACTORS that apply
or bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non - Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal
award.
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9.31.8 Compliance with Procurement of recovered materials as set forth in 2 CFR
200.322 CONTRACTOR must comply with section 6002 of the Solid Waste disposal
Act, as amendment by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designed in guidelines - of the
Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines. (1) In the performance of this
contract, the CONTRACTOR shall make maximum use of products containing recovered
materials that are EPA - designated items unless the product cannot be acquired (i)
Competitively within a timeframe providing for compliance with the contract
performance schedule; (ii) Meeting contract performance requirements; or (iii) At a
reasonable price. (2) Information about this requirement, along with the list of EPA -
designated items, is available at EPA's Comprehensive Procurement Guidelines web site,
https : / /www. epa. gov /smm/ comprehensive - procurement - guideline -cpg- program.
9.31.9 Americans with Disabilities Act of 1990 (ADA), as amended The
CONTRACTOR will comply with all the requirements as imposed by the ADA, the
regulations of the Federal government issued thereunder, and the assurance by the
CONTRACTOR pursuant thereto.
9.31.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's
E -Verify system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify
the employment eligibility of all new employees hired by the subcontractor during the
Contract term.
9.31.11 Fraud and False or Fraudulent or Related Acts The CONTRACTOR
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the CONTRACTOR'S actions pertaining to this contract.
9.31.12 Access to Records The following access to records requirements apply to this
contract:
(1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
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(2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The CONTRACTOR agrees to provide the FEMA Administrator or his
authorized representatives access to construction or other work sites pertaining to the
work being completed under the contract.
9.31.13 Federal Government not a party to contract CONTRACTOR acknowledges that
the Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the non - Federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
9.31.14 Department of Homeland Security (DHS) Seal, Logo, and Flags The
CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre - approval.
9.31.15 Compliance with Federal Law, Regulations, and Executive Order This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only.
The CONTRACTOR will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
9.32 The CONTRACTOR is bound by the terms and conditions of the Federally - Funded
Subaward and Grant Agreement between County and the Florida Division of Emergency
Management (Division).
9.33 The CONTRACTOR shall hold the Division and County harmless against all claims of
whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extend allow and required by law.
5. The Agreement is hereby amended to include the following identified as Article IX,
Paragraph 9.34, Time for Performance/Baseline Schedule /Cost Estimates:
9.34 TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES
Time is considered of the essence in the performance of the services required by this Agreement
and defined in the scope of work.
The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed
from the COUNTY and to complete all functions in accordance with the schedule and delivery
requirements outlined in the `Baseline Schedule / Cost Estimates" special provisions and
specifications included below:
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9.34.1 SCHEDULING REQUIREMENTS
1. Baseline Schedule
1.1 A baseline project schedule indicating the preconstruction activities to be
monitored and the anticipated completion dates for milestones are included in
Section 3.1.
2. Monthly Schedule Update
2.1 The CONSULTANT will report detailed input and schedule updates on all
preconstruction activities in accordance with the Baseline Schedule on a monthly
basis. All preconstruction activities must be addressed each month even if there is
no change in status. Following the Notice to Proceed, this report will be
considered due to the COUNTY on or before the fifth (5th) day of each month.
2.2 A brief narrative describing scheduled milestones with the status for each and a
projection of milestone activities anticipated for the next sixty (60) days will be
included in the report.
2.3 In the event that milestone dates are compromised for any reason, the
CONSULTANT will participate in a schedule review and assessment with the
COUNTY and the results will be incorporated into the report. The schedule
review and assessment may include, but is not limited to, a detailed critical path
analysis, consideration of potential delays, development of recovery plans,
reporting recovery activities which are underway, assessing the impact of delays,
and developing plans for schedule recovery.
2.4 The COUNTY will evaluate the schedule review and assessment results as
reported by the CONSULTANT to determine if adequate provisions are proposed
to enable the project to progress in accordance with the Baseline Schedule. If it is
determined that an adjustment to the Baseline Schedule is warranted and if the
delays are not directly attributed to the operations and/or project management
practices of the CONSULTANT as required by this Contract, the COUNTY may
grant an appropriate extension of time to complete all or any phase of the work.
The CONSULTANT will incorporate recommendations for such time extensions
into the monthly schedule update report.
2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede
at any time should the CONSULTANT fail to demonstrate the ability to progress
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the project in accordance with the milestone dates established in the Baseline
Schedule. Such action on the part of the CONSULTANT shall be considered non-
performance and the COUNTY shall have all rights to seek remuneration and
other damages as provided for in this Agreement and the laws of the State of
Florida.
3. Project Development Process
3.1 Preconstruction activities should at a minimum include the following elements as
applicable.
PROJECT DEVELOPMENT PROCESS
Task Name
Milestone
Date
Comments
Contracting Phase
Issue Notice to Proceed
Programming and Design Phase
Submit Final BOD and OPR
BOCC Approval of Programming Document
Conduct Site Plan Meeting
Submit Site Plan for Approval
Receive Site Plan Approval
Approved Schematic Design Documents
Approved Design Development Documents (30 %)
Approved 60% Construction Documents
Approved 90% Construction Documents
Approved 100% Construction Documents
Bid and Permit Phase
Approved Building Permits
Posting of Notice of Request for Competitive
Solicitation
Conduct Pre -Bid Meeting
Bid Opening
BOCC Approval of Construction Contract
Issue Notice to Proceed to Construction Contractor
Construction Phase
Conduct Pre - Construction Meeting
Obtain Substantial Completion
Obtain Final Completion
Process Final Closeout Documents
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3.2 The duration of the Contract should extend through the issuance of a Notice to
Proceed to the construction contractor as part of the normal project development
process.
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9.34.2 COST ESTIMATING REQUIREMENTS
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1.1 Baseline Cost Estimates C .. rn
1.1.1 Following the Notice to Proceed for this Contract, the CONSUJ ANT v l c
review the existing project cost estimate for the project and submit.a written
confirmation and/or recommendations for any refinements, changes, and revisions
to the COUNTY. The COUNTY will consider any project cost estimate
recommendations and issue a final Baseline Cost Estimate.
2.1 Cost Estimate Updates.
2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30%
completion, 60% completion, 90% completion, the completion of the final design
effort, and after any significant changes in the scope of the project as defined in
this Contract.
2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner,
additional updates of the Baseline Cost Estimate will be required at six (6) month
intervals as long as this Contract remains in effect. The COUNTY may suspend
this requirement by issuing a written notice to the CONSULTANT.
6. All other terms and conditions of the Consultant Agreement for Professional
Architectural and Engineering Services dated January 21, 2015, and as amended on February 15,
2017, shall remain in full force and effect.
3IN�VVITNES�S WHEREOF, each party has caused this Amendment to be executed by its duly
autharizedre resentative on the day and year first above written.
MADOK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairman
MO OE COUNTY ATTORNEY'S OFFICE
13 A PP FjOVM AS�O O M
PATRICIA EABLES
ASSISTANT GOUT LY A i QRNEY
DATE: `1 3 y
Date:
(SEAL)
Attest:
Witnesses to Con Itant:
Print Name
Date
Title: �20 ]ACC" MW �tV
AIk
Print Name Date
19 � r ; - �mw a r _
Date:
CONSULTANT:
WILLIAM P. HORN, ARCHITECT, P.A.
By:
Print Name Date
Title: P/Z A. / 4 / I-
14
OP ID: NF
' °- CERTIFICATE OF LIABILITY INSURANCE DAT 05 1 291 1YYYY)
05129117
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PR ODUCER 305- 294 -6677
The Fullers, Inc 306. 292,4641
1432 Kennedy Drive
Key West, FL 33040
Norman Fuller
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PHONE FAX
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PROFWSS
HORNWH
INSURERS AFFORDING COVERAGE NAIL N
INSURED William Horn
INSURER A: Pro ressive
EACH OCCURRENCE
151 Key Haven Rd.
Key West, FL 33040
INSURER B:
s
INSURER C:
-
INSURER D:
I s
INSURER E..
GENERAL AGGREGATE
:$
INSURER F:
PRODUCTS - COMPIOP AGG
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COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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CERTIFICATE HOLDER CANCPI I ATInNI
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County Boar Of COUf1
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Commissioners
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED M)
ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
Key West, FL 33040
AUTHORIZED REPRESENTATIVE
Norman Fuller
1988.200 ACORD CORPORATION. All rights reserved.
ACORD 2S (2009109) The ACORD name and logo are registered marks of ACORD
OP ID: NF
A iN R te- CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTIME A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
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IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcyties) must be endorsed. If SUBROGATION IS WAIVED. sub*t to
do terms and conditions of the policy, cartaln policies may require an endorsement A staame((t on this certificate does not confer rights to the
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PRODUCER 306. 294.8677
The Fullers, Inc - 305- 2924841
PN0
1432 Kennedy Drive
Key West, FL 33040
Norman Fuller
! HORNW "1
NSUR II AFFOROINO COVERAGE NAIL S
INSURED William P Ham Architect PA
URERA : First C Insurance Co.
13990
Bill H OM
916 Eaton SL
Key West, FL 33040
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08121116
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
FOUCYE" 01111M
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TYPE OF INSURANCE
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Monroe County ty
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED ter
ACCORDANCE WITH THE POLJ PROVIIHONS,
Commissioners
1100 Simonton Street
Key West, FL 33040
AMTHOR2W
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ACORD 26 (2009109) The ACORD nsms and kNgo sn n91SWed marks f A
Client#: 1049512
WILLIP4
ACORD. CERTIFICATE OF LIABILITY INSURANCE
ATE (MMiDDlYYYY)
D 8115/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an andamemenL A statement on this certificate does not confer rights to the
certificate holder in lieu of such endamement(s).
PRODUCER
USI Insurance Services, LLC
1715 N. Westshom Blvd. Suite 700
Tampa, FL 33607
AUND
PHOHN 813 321-7500 AIC N.):
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ADDRESS:
INSURER S AFFORDING COVERAGE
NAIC /
INSURERA: WBSCO Insurance Company
25011
INSURED
William P. Hom, Architect, P.A.
915 Eaton Street
Key West, FL 33040
INSURER a :
EACH OCCURRENCE
INSURER C:
INSURER 0:
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTION OF OPERATIONS N LOCATIONS I VEHICLES (ACORD 101, AddMkosl Rsma,Us Schsdulk may be attaehad I more span Is required)
Professional Liability coverage Is Written on a claims -made basis.
Project: Stock Island Fire Station, Bernstein Park, Annual Contract for Architectural Services
F ME �+4�ii'
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CFRTIFICATF_ NOLnFR CANCELLATION
Monroe County
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Board of County Commissioners:
ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Risk Management
AUTHORIZED REPRESENTATIVE
1100 Simonton Street
Key West, FL 33040
OLD FYI. 06L_Q� AO.---
0 1 BBB ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD
IV8213099671M21307502 MDKZP
Cliantll• 1nd9512
VWLLIP4
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDOIYYYY)
I 8/16/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INStIRER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollayess) must be endorsed. If SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate doss not confer rights to the
certificate holder in Ifeu of such endorsament(s).
PRODUCER
POLICY NUMBER
USI Insurance Services, LLC
1715 N. Westshore Blvd. Suite 700
Tampa, FL 33607
H, .813 321 -75Q0 Arc No)
E*wL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC S
INSURERA: Wesco Insurance Company
25011
INSURED
William P. Hom, Architect, P.A.
915 Eaton Street
Key West, FL 33040
INSURERS
INauRERC_
EACH OCCURRENCE
INSURER D .
INSURER E :
INSURER F:
COVERA CERTIFICATE NUMBER
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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Professional Liability coverage is written on a claims -made basis.
Project: Stock Island Fire Station, Bernstein Park, Annual Contract for Architectural Services
to B RISK
WAI
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Monroe County
THE SHO D� TH NOTICE BE DE IVERED
Board of County Commissioners
ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Risk Management
AUTHOROM REPRESENTATIVE
1100 Simonton Street
Key West, FL 33040
p«;p o-PL 06—w... A0---
®1988.2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) 1 of 1 Thu ACORD name and logo am registered marks of ACORD
#S213141761M21314147 LXMCW
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OP 10: NF
' ° R ° CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. T141S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cm0cate holder is on ADDITIONAL INSURED, the pollay(les) moat be endorsed. If SUBROGATION IS WAIVED, subject to
the terns and conditions of the policy, certain policies may require an endorsement. A stataRlent on this certificate does not confer rights to the
certificate holder In Ilou of such endorsemen a .
PRODUCER 305- 294 -687T
T he Fullers, Inc 306-2924641
14 32 Kennedy Drive
Key West, FL 33040
Norman Fuller
NT CT
M e
r Na FAX
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P ER
c M HORNW4
INSU AFFORDINO COVERAGE
NAIL a
INSURED William P'Hom Architect PA
Bill Horn
915 Eaton St.
Key West, FL 33040
INSUMERA:Retail First Insurance Compan
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INeURERE:
MED EXP (Any one
SURERC •
INSURER BUIIER D
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INSURER E :
GENERALAGGREGATE
INSURER F:
GEN'L AGGREGATE LIMIT APPLIES PER
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Monroe Count
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THE EXPIRATION DATE THEREOF. NOTICE WILL. BE DELIVERED IN
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CERTIFICATE wni nFR CAhICGI 1 ATInM
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe Count
ty
THE EXPIRATION DATE THEREOF. NOTICE WILL. BE DELIVERED IN
ACCORDANCE WITH E POLICY PRO NS.
1100 Simonton Street
Key Wea FL 33040
AUTHORREOItEPREIEN. E
Norman Fuller
01996 AC04D CORPORATION. All rights reserved.
ACORD 28 (2009109} The ACORD name and logo are registered marks of kCOR