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2nd Amendment 10/17/2018 I�t COUgr ��1 Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: November 5, 2018 TO: Tammy Sweeting Executive Assistant Cary Knight, Director Project Management Division FROM: Pamela G. Hanco .C. SUBJECT: October 17 BOCC Meeting The following items have been processed by this office, for your handling: C2 Task Order Amendment No. 2 with T.Y. Lin International /HJ. Ross for an additional $124,118.00 for planning and architectural services required to place the proposed chiller building on Jackson Square within the City of Key West Historic District and suspending all further services associated with the relocation of the Communication Tower. This task order is funded through the one -cent infrastructure sales tax. Enclosed is a duplicate original. C3 2 "a Amendment to the Construction Manager at Risk (CMAR) Agreement with Biltmore Construction Co. Inc., to incorporate the Guarantee Maximum Price of $32,818,441.14 for the Plantation Key Judicial Courthouse and Detention Facility into the CMAR Agreement. The project will be co- funded by the 2014 Revenue Bond and the One Cent Infrastructure Sales Tax. Enclosed are two duplicate originals. C22 Task Order with Bender & Associates Architects, P.A. for $174,688.00 for planning and architectural services required to construct a communication tower within the City of Key West Historic District which replaces the communications tower atJackson Square on the Jefferson Browne Building. Attached is an electronic copy. C25 2 "' Amendment to the Consultant Agreement for Professional Engineering and Surveying Services with Perez Engineering and Development, Inc., to include a link for applicable grant infonnation as required by the federal contract provisions. Attached is an electronic copy. Please return a fully executed duplicate original once signed by the state. Should you have any questions, please feel free to contact me at (305) 292 -3550. cc: County Attorney B. Erickson Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH E 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Poin Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Kf 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 305 - 852 -71, TASK ORDER AMENDMENT NO. 2 FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND T.Y. LIN INTERNATIONAL/H.J. ROSS FOR KEY WEST COURTHOUSE CHILLER & COMMUNICATION TOWER RELOCATION In accordance with the Consultant Agreement for On Call Professional Engineering Services, made and entered into on the 16 day of January, 2014, (hereinafter referred to as "Agreement "), and as amended on the 18 day of March, 2015 between MONROE COUNTY, hereinafter referred to as the "County" and T.Y. LIN INTERNATIONAL/H.J. ROSS, hereinafter referred to as "Consultant" and "Contractor" where professional services are allowed if construction costs do not exceed $2,000,000.00. All terms and conditions of the referenced Agreement apply to this Task Order Amendment, unless this Task Order Amendment amends, adds, or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task Order Amendment and the amendment, addition, or modification shall be precisely described. These additions apply only to the project referenced in this Task Order Amendment No. 2. 'rh This Task Order Amendment No. 2 is effective on the 11 of ()Job b tir 2018. WHEREAS, on the 10 day of June 2015, the Monroe County Board of County Commissioners approved a Task Order with T.Y. Lin International/H.J. Ross for On Call Professional Engineering Services for the Jackson Square Chiller & Communication Tower Relocation; and WHEREAS, on the 1 day of March 2017, the County approved a Task Order Amendment 1 with T.Y. Lin International/H.J. Ross to incorporate an office space within the chiller building; and WHEREAS, the proposed chiller relocation is within the Historic District and the City of Key West requires HARC coordination and a development plan for the chiller relocation project and WHEREAS, the proposed chiller building with office space will exceed the maximum allowable height for the district and the latest estimated construction cost for both the Jackson Square Chiller & Communication Tower Relocation exceeds the maximum contractual threshold of $2,000,000.00; and NOW THEREFORE, in consideration of the mutual promises contained herein, the County and Consultant agree to amend the Task Order, as follows: TASK ORDER AMENDMENT NO. 2 T.Y. LIN INTERNATIONAL /H.J. ROSS KEY WEST COURTHOUSE CHILLER & COMMUNICATION TOWER RELOCATION 1) The professional services related to the Communication Tower Relocation portion of the Key West Courthouse Chiller and Communication Tower Relocation are hereby suspended and removed from the first task order. The Consultant shall provide no additional work nor provide any additional deliverables and the County shall provide no additional compensation related to the Communication Tower Relocation. 2) The revised Scope of Services is as follows: a) PHASE I: NEW CHILLER BUILDING CONCEPT DEVELOPMENT. i) Use previously developed building footprint and system layout to develop and refine a two story architectural concept. The concept will initially be vetted through Monroe County and then through distribution and meeting with pertinent City and HARC officials. The vetted concept will then be presented for formal approval to the City's Development Review Committee (DRC). ii) Evaluate noise emissions from equipment specified and develop noise control recommendations to comply with City criteria to not appreciably raise the local ambient noise levels. iii) Prepare and submit City and HARC application(s) for necessary Zoning approvals. iv) Respond to City and HARC comments. v) Architectural support services during this phase will be provided by subconsultant, Bender & Associates Architects, P.A. vi) The Consultant understands that it will be necessary to demonstrate that noise generated from the new chiller facility will not exceed the standards stipulated in the City Ordinance. This will require research, testing and analysis by noise professionals. b) PHASE II: NEW FACILITY CONSTRUCTION DOCUMENTS. i) Phase II -A: Existing Chiller & Cooling Towers Location: (1) Demolition of the older of the two existing chillers and provide a new chiller similar in size in the new location adjacent to the Freeman Justice Center. (2) Relocate demolished chiller associated cooling tower to the new location. (3) Demolition of the existing condenser water pump and chilled water pump associated with demolished chiller. (4) Relocation of the newest existing chiller and demolition of associated condenser water pump and chilled water pump. (5) Provision of new condenser water pumps and chilled water pumps to serve each relocated cooling tower and new and relocated chillers, respectively. (6) Provision of new chiller plant accessories, controls and chemical water treatment system. Page 2 of 8 • TASK ORDER AMENDMENT NO. 2 T.Y. LIN INTERNATIONAL /H.J. ROSS KEY WEST COURTHOUSE CHILLER & COMMUNICATION TOWER RELOCATION (7) The existing two chiller /cooling tower systems are similar in size and are operating to provide redundancy. New and relocated systems will be designed to maintain similar redundancy. (8) The above described relocation of the two systems is to be performed in phases so as not to incur any interruption of the Jefferson complex HVAC system. ii) Phase II -B: New Chillers /Cooling Towers Location: (1) Provide a new structure adjacent to the south -east side of the Courthouse building. (2) The structure will occupy a footprint no larger than the original concept plans on the FKAA property and will be no more than two stories. The ground level will house the pump and chiller units, the second level will include the chilling towers and related systems. (3) The interior of the new building will be fully conditioned space. The new building exterior will be designed and vetted with City officials to garner approval of the City's DRC and HARC. (4) Provide all the necessary civil /site /landscaping features to serve the new building, including security fencing. (It is assumed that stormwater will be discharged into the existing Jefferson Complex system and that no stormwater detention or pretreatment will be needed.) (5) Architectural construction documents will be provided by subconsultant Bender & Associates Architects, P.A. iii) Phase IIC: Emergency Generators: (1) Review electrical performance specification of the second existing emergency generator currently located on the ground near the water storage tanks. (2) Evaluate the capacity of three (3) existing generators (based on visual inspection and review of available plans and/or loading information) and assess the potential for adding the new Chiller Facility loads in lieu of a new back -up generator: (a) Jefferson Browne Roof — Chillers and 911 Tower (b) Next to Water Tanks — Historic Courthouse and Lester Building (c) Under the Freeman — Freeman Justice Center (3) The study will consider capacity, cost and feasibility of expanding the use of the existing generators to include the needs of the new chiller building, or potentially relocating an existing unit. (4) If necessary, research, specify and provide a new generator capable of handling the additional loads. (It is anticipated that this will be done via a performance specification.) (5) If a new generator is required, assess options and present recommendations for where it will be placed; potentially either on the roof of the Freeman Justice Center or in the new chiller building. Page 3 of 8 TASK ORDER AMENDMENT NO. 2 T.Y. LIN INTERNATIONAL /H.J. ROSS KEY WEST COURTHOUSE CHILLER & COMMUNICATION TOWER RELOCATION c) PHASE III: CONSTRUCTION PHASE SERVICES. i) Monitor and respond to construction related Requests for Information. ii) Attendance at OAC meetings via conference call (Local, in person, support will be provided by subconsultant Bender & Associates, P.A.) and site visits to observe work progress at regular intervals. (Two (2) site visits are included in the fee budget). iii) Review pay estimates and progress on behalf of the County during construction. d) DELIVERABLES. i) Phase I: (1) Consultant shall provide a conceptual design and drawings which includes the following: (a) Architectural conceptual drawings for the new proposed chiller /cooling towers building. (b) Mechanical drawings (demolition of existing and new) for the relocated equipment: chillers, pumps, piping, cooling towers and related accessories. (c) Plumbing drawings for the new chiller building. (d) Fire Protection drawings for the new chiller building. (2) Consultant shall prepare and submit Zoning and other relevant applications to the City of Key West for review and approval. ii) Phase II: (1) Consultant shall provide five (5) signed and sealed sets of construction documents and specifications that meet or exceed Monroe County and Florida Building Code requirements and complies with the County's specifications for approval and permitting by all agencies having jurisdiction over the project. The final construction document set will include: (a) Civil drawings showing overall site plan, utilities relocation and associated details. (b) Architectural drawings for the new proposed chillers /cooling towers building and all the associated details. (c) Mechanical design documents (demolition of existing and new) for the relocated equipment: Chillers, pumps, piping, cooling towers and related accessories. The set will include equipment schedules and necessary details. (d) Plumbing design documents for the new chiller building. (e) Fire Protection design documents for the new chiller building. (f) Structural drawings and details for the new chiller building. (g) Electrical drawings, schedules and details. (2) Consultant shall provide submittals at 30 %, 60 %, 90% and 100% completion. (3) Summary Report of Needs Assessment for emergency generators. This will include an evaluation of the existing emergency generator capacity from the Page 4 of 8 TASK ORDER AMENDMENT NO. 2 T.Y. LIN INTERNATIONAL /H.J. ROSS KEY WEST COURTHOUSE CHILLER & COMMUNICATION TOWER RELOCATION Freeman Justice Center and will recommend if new or supplemental power backup is needed to support the new Chiller operation. (4) Consultant shall assist with the bidding phase of this project, attendance at the pre -bid conference, and responses to all Requests for Information. iii) Phase III: (1) Construction Phase Contract Administration. (2) Document RFI responses within and agreed upon time frame, usually within 2 business days. (3) Attendance at OAC meetings via conference call (Local, in person, support will be provided by subconsultant, Bender & Associates Architects, P.A.). e) BASELINE SCHEDULE / COST ESTIMATES. i) Time is of the essence in the performance of the services required by this Task Order and defined in the scope of work. ii) The Consultant will be prepared to promptly commence work upon receiving a Notice to Proceed from the County and to complete all functions in accordance with the Baseline Schedule and delivery requirements outlined in Section iii) Scheduling Requirements and Section iv) Cost Estimating Requirements. iii) Scheduling Requirements. (1) Baseline Schedule. (a) A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated calendar days for milestones are included in the Project Development Process Section. (2) Monthly Schedule Update. (a) 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. (b) 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. (c) 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. Page 5 of 8 TASK ORDER AMENDMENT NO. 2 T.Y. LIN INTERNATIONAL /H.J. ROSS KEY WEST COURTHOUSE CHILLER & COMMUNICATION TOWER RELOCATION (d) 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 Task Order, 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. (e) 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 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. (a) Project activities should at a minimum include the following elements. PROJECT DEVELOPMENT PROCESS Milestones Calendar Days Contracting Phase Issue Notice to Proceed Schedule set by the County Programming and Design Phase Submit Site Plan for Approval 40 days from NTP Receive Site Plan Approval Estimated at 56 days Approved Design Development Documents (30 %) 20 days from Site Plan Approval Approved 60% Construction Documents 30 days Approved 90% Construction Documents 30 days Bid and Permit Phase Submit Final Plans for Permitting 20 days Approved Building Permits Estimated at 30 days Construction Bidding and Contracting Schedule set by the County Issue Notice to Proceed to Construction Contractor Schedule set by the County Construction Phase Obtain Substantial Completion 140 days Obtain Final Completion 30 days Page 6 of 8 TASK ORDER AMENDMENT NO. 2 T.Y. LIN INTERNATIONAL /H.J. ROSS KEY WEST COURTHOUSE CHILLER & COMMUNICATION TOWER RELOCATION Process Final Closeout Documents 20 days (b) The duration of the Task Order should extend through the processing of the final construction closeout documents as part of the normal project development process. iv) Cost Estimating Requirements. (1) Baseline Cost Estimates. (a) Following the Notice to Proceed for this Task Order, the Consultant will 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) Cost Estimate Updates. (a) The Consultant will update the Baseline Cost Estimate with 30% completion, 60% Completion, the completion of the final design effort and after any significant changes in the scope of the project as defined in this Task Order. (b) 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 Task Order remains in effect. The County may suspend this requirement by issuing a written notice to the Consultant. 3) In Accordance with Article VII, COMPENSATION of the On Call Professional Engineering Services Agreement, the Consultant shall be paid a Total Not To Exceed amount of Three Hundred Thirty -Three Thousand Nine Hundred Thirty -Four Dollars and 00 /100 ($333,934.00) which includes $76,434.00 for services previously rendered and $257,500.00 for Task Order Amendment 2 services to be paid on a percent complete basis for the following phases: a) PHASE I: NEW CHILLER BUILDING CONCEPT DEVELOPMENT — consisting of conceptual design and drawings and zoning and other required applications - $75,000.00 upon approval by the Director of Project Management and submission to the City of Key West. b) PHASE II: NEW FACILITY CONSTRUCTION DOCUMENTS — consisting of signed and sealed construction documents - $137,500.00 upon approval by the Director of Project Management. c) PHASE III: CONSTRUCTION PHASE SERVICES — consisting of - $45,000.00 upon final acceptance. Page 7of8 TASK ORDER AMENDMENT NO. 2 T.Y. LIN INTERNATIONAL /H.J. ROSS KEY WEST COURTHOUSE CHILLER & COMMUNICATION TOWER RELOCATION d) REIMBURSEMENT — consisting of reimbursement for fees paid for securing approval of authorities having jurisdiction over the project. All other Terms and Conditions of the Task Order dated June 10, 2015, and the Agreement dated January 16, 2014, as amended, shall otherwise remain unchanged and in full force and effect. = "��I�7?'WIESS WHEREOF, each party caused this Task Order Amendment No. 2 to be executed �� _ c it ' representative. am Cr f ( SE\AL�) t %� BOARD OF COUNTY COMMISSIONERS S � '� ' -tt K U=1J MADOK, Clerk OF MONROE COUNTY FLORIDA 4,,,..7-,..;,7,-,•-,,e /0.*„.....„— By: By: Deputy Clerk Mayor /Chairman _.r.. 3 .._ . & - ,, ..Y, 11" , 'e- , m CONSULTANT:` • i ; ' T.Y. INTERNATIO A IN c;� .*: -- � 'a B . LA.,..Lat 0 1' - XI Printed Name:_ittfli rinted Name: 01L(MA..0 - Title: (r r- trS � r 7 Title: lit Pi's' -t�- /r' V � 1�1✓N� Q-• Date: 0 gT 20 12 Date: DO g S i O Le-�� re- (fl '_ bv� tiGY V l - ( f�J o nwl /b ,�,�l ' - /V , en T l y 3o, zo a MONROE COUNTY ATTORNEY AP' ROVED AS Te FO' r 1 ,u� CHRIS AMBROSIO ASSISTANT CO NTY TTORNEY ,o�";pui, JENNY ALONSO � /c / _ ;9i/ % ° < � ; State of Florida- Notary Public Date: _ ( .( • •: Commission # GG 188136 +�' I I t My Commission Expires '° P,I `o`�� February 20, 2022 _ ., . - . Page