1st Amendment 03/01/2017TASK ORDER AMENDMENT NO. 1
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 10h day of January, 2014, (hereinafter referred to as "Agreement"),
and as amended on the 181h 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. 1.
This "Task Order Amendment No. 1 is effective on the of (IC
h 2017.
WHEREAS, on the l0a' 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 for an amount of
One Hundred Seventy -Six Thousand and 00/100 ($176,000.00) Dollars, and
WHEREAS, the County desires to incorporate an office space within the chiller building that will
be situated on the land owned by the Florida Keys Aqueduct Authority; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the County and
Consultant agree to amend the Task Order dated June 10, 2015, as follows:
1. The Task Order is amended to incorporate an office space within the chiller building:
a. New Chillers/Cooling Towers Location:
• Provide a new structure adjacent to the south-east side of the Courthouse building.
New structure shall incorporate office space on the lower level.
o The new chiller/cooling tower structure will be designed to fit within the City of
Key West Historic District.
N Provide all the necessary security fencing.
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b. Task 2: 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:
o Civil drawings showing overall site plan, utilities relocation and associated details.
o Architectural drawings for the new proposed chillers/cooling towers building with
all the associated details.
o Mechanical drawings (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.
+ Structural drawings and details for the new chiller building.
Electrical drawings, schedules, and details.
Plumbing drawings, schedules, and details.
Consultant shall provide submittals at 30%, 60%, 90% and 100% completion.
Consultant shall assist with the bidding phase of this project, attendance at the pre -bid
conference, and responses to all Requests for Information (RFI)'s.
Consultant shall respond to all RFI's during the construction phase
c. PAYMENT: In Accordance with Article VII, COMPENSATION of the On Call
Professional Engineering Services Agreement, the Consultant shall be paid a lump sum
fee of Thirty -Three Thousand Eight Hundred Sixteen Dollars and 00/100 ($33,816.00)
for the additional design of the new office space with said sum to be paid monthly on
a percent complete basis and also be reimbursed for fees paid for securing approval of
authorities having jurisdiction over the project.
2. Article IX paragraph 9.21 PUBLIC ACCESS of the On Call Professional Engineering
Services Agreement, shall be revised and replaced with the following:
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
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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 parry, 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 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
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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.
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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.
IN WITNESS WHEREOF, each party caused this Task Order Amendment No. 1 to be executed
by its duly authorized representative.
CONSULTA :
T.Y. Lin Int matt nal Date
MONROE COUNTY:
Roman Gastesi, County Administrator
Date
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
�°,..
CHRIS AMBROSIO
ASSItTANT COUNTY ATTORNEY
Date:
hS I TANT CO
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