3rd Amendment 05/16/2018J 4 GOURTB \l`
Kevin Madok CPA
(lw Clerk of the Circuit Court & Comptroller — Monroe County, Florida
�Il R OE C01N�
DATE: May 23, 2018
TO: Ann Mytnik, Sr. Contracts Administrator
Project Management
Tammy Sweeting
Executive Assistant
FROM: Sally M. Abrams, D.C.
SUBJECT: May 16 BOCC Meeting Approved Agenda Item
Attached is an electronic copy of the executed agenda item listed below for your handling.
D2 Third Amendment to Agreement with William P. Horn Architect,
P.A. for post construction inspection services in the amount of
$13,900.00 at Bernstein Park. This is funded by the one -cent
infrastructure tax
Please contact me at extension 3550 with any questions.
cc: County Attorney
Finance
File
KEY WEST
500 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 BUILDINC
50 High Point Road
Plantation Key, Florida
305 - 852 -7145
THIRD AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
FOR
MONROE COUNTY REDEVELOPMENT OF BERNSTEIN PARK
THIS THIRD 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 ") or ( "CONTRACTOR ") is
made and entered into this 16' day of May, 2018, 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 (new estimated cost at $4,900,000.00, increase fees from $166,443.00 to $339,545.00) ;
and
WHEREAS, on July 31, 2014, the Deputy 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, direct to Consultant; and
WHREAS, On January 18, 2017, the Monroe County Board of County Commissioners approved
a Second Amendment to the Agreement to increase the Consultant's fee in accordance to Article
VIII, paragraph 8.2.1(A) of the Agreement dated October 16, 2013, which requires a final
adjustment to the Consultant's fee when the construction is complete. The actual contracted
construction of $7,921,975.00 was approved and the parties agreed to amend the Agreement to
increase Consultant's fee, prior to completion of construction, from $339,545.00 to $531,946.00;
and
1
Redevelopment of Bernstein Park
7
WHEREAS, County finds it necessary for Consultant to provide post construction design
inspection services to ensure the integrity of the building and grounds at the park and ensure
compliancy with the plans and specifications in the aftermath of the devastation from Hurricane
Irma in September, 2017;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the
parties hereby agree as follows:
1. In accordance with Article III, paragraph 3.2, Project Representation Beyond Basic
Services, the Consultant shall provide extensive representation at the site to include the
following:
a) Timmins Engineering LLC — provide structural engineering and review all structural
items.
b) Innovative Engineering Group, Inc. — inspect all mechanical, electrical, and
plumbing.
c) Mitchell Planning and Design, Inc. — inspect the landscaping and irrigation system.
d) Perez Engineering & Development, Inc. — inspect all civil work.
Fees for the above additional services will be paid upon completion as follows:
a) Structural engineering $2,400.00
b) Mechanical, electrical, and plumbing 4,000.00
c) Landscaping and irrigation — Not to exceed 7,500.00
d) Civil engineering 0.00
Total
2. 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, and
January 18, 2017, which shall be made a part of this contract as if written herein in its
entirety.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Redevelopment of Bernstein Park
r1
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the date
stated above. Execution by the Architect must be by a person with authority to bind the entity.
Attest: KEVIN MADOK, CLERK
B . &AMS 6�.1& &
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
� o_
By: 05'& . t 6
May hairman
(SEAL)
Attest:
By:
Print Name:
Date:
ARCHITECT:
WILLIAM P. HO ARCHITECT, P.A.
Print Name: 6W,61111;01 /�• l7dlZ/
STATE OF FLO4I /M p �n r�
COUNTY OF
1st
On this d y M 2018, before me, the undersigned notary public, personally
appeared known to me to be the person whose name is subscribed above, or who
produced as identification, and acknowledged that he /she is the person who executed
the above Third Amendment to the Contract with Monroe County for Professional Services for the Redevelopment of
Ber Park for the purposes therein contained.
ARY PUBLIC
My Commission expires: �3 3
(SEAL)
apt" ''My : ANAIS ORRACA
MY COMMISSION 0 FF215654
orti�` EXPIRES March 31, 2019
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MONROE COUNTY ATTORNEY'S OFFICE
A PROVED AS TO O
PATRICIA EABLES
ASSISTANT COUNTY ATT RNEY
DATE: ��7 �
Redevelopment of Bernstein Park