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Item C18
C.18 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe r�l Mayor Heather Carruthers,District 3 Keys Mayor The Florida � - Mayor Pro Tem Michelle Coldiron,District 2 '` �ql l €d� Craig Cates,District 1 \J? V, David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting August 19, 2020 Agenda Item Number: C.18 Agenda Item Summary #7170 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Matthew Howard(305) 292-4337 n/a AGENDA ITEM WORDING: Approval of a Tenth Amendment to the Agreement for Professional Services with Currie Sowards Aguila Architects, Inc. (CSA) for the design through construction administration of the Plantation Key Judicial Courthouse and Detention Facility. This Tenth Amendment is in the amount of$9,750.00 and is for additional architectural drawings for the selective demolition of the existing jail. ITEM BACKGROUND: The County intends to keep the existing courthouse structure and demolish the adjacent building additions including the existing detention center and existing courtroom B. CSA will provide architectural plans that give clear instruction as to which components of the structure should be demolished and how the remaining structure should be repaired and resealed for future use. PREVIOUS RELEVANT BOCC ACTION: 2/18/15 - BOCC approved the Agreement with CSA for professional services to design and permit the P.K. Judicial Courthouse and Detention facility (Agreement). 5/20/15 - BOCC approved a First Amendment to the Agreement increasing the scope of work to include a site plan review and approval process, which was a requirement of the Village of Islamorada. 10/21/15 - BOCC approved a Second Amendment to the Agreement to provide a schedule of values for compensation from Design through Construction Administration. 5/17/17 - BOCC approved a Third Amendment to the Agreement to provide civil engineering design with paving/grading/utilities/and drainage; landscape & irrigation design; voice/data communications, electronic & AV Security; acoustics; sustainable design consultant(FGBC); and cost estimating. 2/21/18 - BOCC approved a Fourth Amendment to the Agreement to provide Interior Design, Building Commissioning and Training Services. 5/16/18 - BOCC approved a Fifth Amendment to the Agreement to provide the services of an Architectural Historian. 2/20/19 - BOCC approved a Sixth Amendment to provide additional site investigation and existing utility services. Packet Pg.712 C.18 6/19/19 —BOCC approved a Seventh Amendment to increase the consultant base fee due to the increase in the scope of work and construction budget. 11/20/19 —BOCC approved an Eight Amendment to increase the consultant base fee due to an error on the original survey. 12/11/19 —BOCC approved a Ninth Amendment to provide redesign of a portion of the project to take advantage of value engineering options and possible cost saving opportunities. CONTRACT/AGREEMENT CHANGES: Additional design for selective demolition of existing buildings STAFF RECOMMENDATION: Approval of Tenth Amendment DOCUMENTATION: Amend 10—CSA_consultant signed Contract& Amend. 1-9 CSA EXEC FINANCIAL IMPACT: Effective Date: 8/19/20 Expiration Date: 30 days after receipt of executed amendment Total Dollar Value of Contract: $9,750.00 Total Cost to County: $9,750.00 Current Year Portion: $9,750.00 Budgeted: Yes Source of Funds: 314-26008-CP1503 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: no If yes, amount: Grant: no County Match: n/a Insurance Required: Yes Additional Details: Total Cost of Contract with Amendments 1-10 is $2,143,014.00 26008-560620-CP 1503-530340 08/19/20 314-26008 - CAPITAL OUTLAY BUILDING $9,750.00 CP1503 REVIEWED BY: Cary Knight Completed 07/31/2020 3:35 PM Kevin Wilson Completed 07/31/2020 4:00 PM Packet Pg.713 C.18 Joseph DiNovo Completed 08/03/2020 10:13 AM Purchasing Completed 08/03/2020 11:45 AM Budget and Finance Completed 08/03/2020 12:25 PM Maria Slavik Completed 08/03/2020 1:53 PM Kathy Peters Completed 08/03/2020 2:09 PM Board of County Commissioners Pending 08/19/2020 9:00 AM Packet Pg.714 C.18.a TENTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY This Tenth Amendment to the Agreement for Professional Services dated February 18, 2015, (the "Agreement")is made and entered this 19th day of August 2020,between Monroe County("County") and Currie Sowards Aguila Architects, Inc. ("Consultant"),in order to amend the Agreement, as First Amended on May 20,2015, Second Amended on October 21,2015,Third Amended on May 17,2017, Fourth Amended on January 17, 2018, as Fifth Amended on May 16, 2018, as Sixth Amended on c February 20,2019, as Seventh Amended on June 19,2019, as Eighth amended on November 20,2019 and as Ninth amended on December 11, 2019 as follows: CL 2_ WHEREAS, on February 18, 2015,the parties entered into an Agreement for professional services to 0 design and permit the Plantation Key Judicial Courthouse and Detention Facility ("Project"); and U) WHEREAS, on May 20, 2015,the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process,which is a requirement E for the Village of Islamorada; and E WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to provide a schedule of values for compensation that includes the Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction Administration phases; and WHEREAS, on May 17,2017,the parties agreed to a Third Amendment to the Agreement to provide sub-consultant services for Civil Engineering, Landscape and Irrigation design, Voice/Data/AV and Security, Acoustics, Sustainable Design and Cost Estimating and to include public records provision 0 revisions in compliance with section 119.071 Florida Statues; and U)� i WHEREAS, on January 17, 2018, the parties agreed to a Fourth Amendment to the Agreement to provide sub-consultant services for the Interior Design and Building Commissioning and Training Services as identified in Attachment C of the Agreement, and with the Florida Department of E Management Services Design Professional Guidelines; and WHEREAS, on May 16, 2018,the parties agreed to a Fifth Amendment to the Agreement to provide the Services of an Architectural Historian to verify the historic significance of the existing Spottswood building's eligibility to be registered as a Historic place; and WHEREAS, on February 20, 2019, the parties agreed to a Sixth Amendment to the Agreement to provide site investigation,utility coordination and phasing coordination with existing structures on the Project; and Tenth Amendment to Agreement with CSA for PK Courthouse Page 1 of 4 Packet Pg.715 C.18.a WHEREAS, on June 19, 2019, the parties agreed to a Seventh Amendment to the Agreement to increase the Consultant fee for services due to the increase in the project scope and construction budget; and WHEREAS,on November 20,2019,the parties agreed to an Eighth Amendment to the Agreement to increase the Consultant fee for services due to an error on the original site survey provided by the County; and WHEREAS, on December 11, 2019, the parties agreed to a Ninth Amendment to the Agreement to redesign certain aspects of the structure in order to pursue cost saving opportunities to possibly reduce c the overall cost of the project; and 0 WHEREAS, the County intends to keep the existing courthouse structure and demolish the adjacent CL building additions which include the existing detention center and existing courtroom B and desires 0 that the Consultant prepare architectural plans that provide clear instruction as to which components < of the structure should be demolished and how the remaining structure should be repaired and resealed for future use. NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that the original Agreement shall be amended as follows: E e( 1. In accordance with Article III, Attachment C, of the Agreement, Consultant shall engage the services of sub-consultants, as needed, to provide all necessary actions, coordination and -� deliverables to provide documents to reflect the following actions: • Visit the site and review available documents in order to properly understand the needs for the separation of the existing detention facility and courtroom B from the existing y main courthouse building. 0 • Prepare required documents and details indicating the selective demolition of impacted areas of the existing courthouse along the east and west side of the courthouse. v) U • Prepare required documents illustrating the removal of the existing Courtroom`B"trailer and restoration of remaining structure. • Site grade modifications as required and incorporate changes into the current site work. • Provide required architectural and structural details to restore the remaining structure ` until the County determines any future use. • Coordinate with the Contractor to ensure that the integrity of the remaining courthouse building, and water-tight condition is maintained. • No work is anticipated with electrical, mechanical,plumbing, or fire protection as it appears that these systems tie back into the existing detention facility. • Locations that may have had windows and/or doors in the original design that were removed for the construction of the original detention facility will be closed but no replacement windows or doors will be installed. Consultant will close with CNW, frame, lath, stucco, and paint. Tenth Amendment to Agreement with CSA for PK Courthouse Page 2 of 4 Packet Pg.716 C.18.a • The general intent is to leave the remaining structure secure, stuccoed, and painted to match the existing building. • Upon completion of documents,the Consultant will submit and coordinate with the Contractor as needed for permit. 2. Listed work shall be performed within 30 calendar days upon receipt of a fully executed copy of this Tenth Amendment. 3. Pursuant to section 7.3 of the Agreement, the County shall pay the Consultant monthly in current funds for a percent complete of the Consultant and sub-consultants' services for the 0 total lump sum of Nine Thousand Seven Hundred Fifty Dollars and 00/100 ($9,750.00). 0 U The remaining terms of the Agreement and as Amended,not inconsistent herewith, shall remain in full CL force and effect. 0 [SIGNATURE PAGE TO FOLLOW] 0 CJ Tenth Amendment to Agreement with CSA for PK Courthouse Page 3 of 4 Packet Pg.717 C.18.a III WITNESS WHEREOF,the parties hereto have executed this Tenth Amendment on the date stated above. Execution by the Consultant must be by a person with authority to bind the Consultant. (.SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairperson t NROE COUNTY ATTOR EY'S OPFICE Date: APPROVED AS TO FORM e . s n-A� BSTANTCOUNTY ATTORNEY � a. [SATE: _� CJ CONSULTANT: CURRIE SOWARDS AGUILA ARCHITECTS, INC. By: m Title. c Date 'y �`�e u STATE OF " C0UNT OFa' y On this I day of 1ALL 2020 before me, the undersigned notary public, by means of physical presence or ❑ online, personally appeared 4 rlf known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe Country for the purposes therein contained. { Notary Publi Print Name My commission expires: Z (Seal) JE NNIFERWHnEy ComajWw#GG 26345$ ,ter ... Exp M NoVeMber 20,2022 900-36'P019 Tenth Amendment to Agreement with CSA for PK Courthouse Page 4 of 4 Packet Pg.718 NINTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY This Ninth Amendment to the Agreement for Professional Services dated February 18, 2015, (the "Agreement") is made and entered this 11th day of December 2019, between Monroe County ("County") and Currie Sowards Aguila Architects, Inc. ("Consultant"), in order to amend the Agreement, as First Amended on May 20, 2015, Second Amended on October 21, 2015, Third Amended on May 17, 2017, Fourth Amended on January 17, 2018, as Fifth Amended on May 16, o 2018,as Sixth Amended on February 20,2019, as Seventh Amended on June 19, 2019,and as Eighth amended on November 20,2019 as follows: 0 WHEREAS,on February 18,2015,the parties entered into an Agreement for professional services to c, design and permit the Plantation Key Judicial Courthouse and Detention Facility("Project"); and WHEREAS, on May 20,2015,the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process,which is a requirement for the Village of Islamorada; and WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to W provide a schedule of values for compensation that includes the Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction Administration phases;and c, i WHEREAS,on May 17,2017,the parties agreed to a Third Amendment to the Agreement to provide T_ sub-consultant services for Civil Engineering, Landscape and Irrigation design, Voice/Data/AV and Security, Acoustics, Sustainable Design and Cost Estimating and to include public records provision revisions in compliance with section 119.071 Florida Statues; and WHEREAS, on January 17, 2018, the parties agreed to a Fourth Amendment to the Agreement to 2 provide sub-consultant services for the Interior Design and Building Commissioning and Training 0 Services as identified in Attachment C of the Agreement, and with the Florida Department of Management Services Design Professional Guidelines; and WHEREAS, on May 16,2018,the parties agreed to a Fifth Amendment to the Agreement to provide the Services of an Architectural Historian to verify the historic significance of the existing Spottswood building's eligibility to be registered as a Historic place;and WHEREAS, on February 20, 2019, the parties agreed to a Sixth Amendment to the Agreement to provide site investigation,utility coordination and phasing coordination with existing structures on the Project; and Ninth Amendment to Agreement with CSA for PK Courthouse Page 1 of 4 Packet Pg.719 C.18.b WHEREAS, on June 19, 2019, the parties agreed to a Seventh Amendment to the Agreement to increase the Consultant fee for services due to the increase in the project scope and construction budget; and WHEREAS,on November 20,2019,the parties agreed to an Eighth Amendment to the Agreement to increase the Consultant fee for services due to an error on the original site survey provided by the County; and WHEREAS,the County wishes to pursue cost saving opportunities in order to reduce the overall cost of the Plantation Key Courthouse and Detention Center it is required to have the consultant redesign CL aspects of the structure in order for the County to solicit cost saving bids from the General Contractor. 0 NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that the original Agreement shall be amended as follows: 1. In accordance with Article III, Exhibit C, of the Agreement, Consultant shall engage the services of sub-consultants to provide all necessary actions, coordination and deliverables to provide construction documents to reflect the following proposed Value Engineering options: • Remove glazing panels#'s—ST5, ST6, ST7, ST8, ST9, ST10, ST11, ST12 W • Remove recessed concrete planters, waterproofing, landscape, irrigation, landscape lightingLU U and concrete pavers and drainage piping. LU • Remove all fountain piping,and pumps and controls. • Remove 12"concrete curb at Courtyard perimeter walls. • Replace courtyard floor with typical concrete slab w/stained concrete finish. ' • Removal of Door#13 8. • Perimeter Wide Flange beams at 2nd floor may increase in strength. • Add concrete planks and topping slab at new second floor and roof deck area. • New acoustical ceiling system and soffit at ceiling of both floors to match adjacent areas. • Remove sidewall diffusers and smoke dampers that feed courtyard. Ductwork and diffusers will need to be added to new ceiling,no smoke dampers will be required. • Additional 2x2 lighting at new 1st and 2nd floor ceilings. • Fire sprinkler and fire alarm modifications as required. • Modify all impacted electrical and mechanical systems, including new lighting and AC as required. • Removal of walls and footings for the Judge's motor court. Slab and drainage system to remain. • Remove swing gates and controls to motor court. • Removal of all electrical/lighting on the deleted motor court walls with modifications of site lighting, as required. Ninth Amendment to Agreement with CSA for PK Courthouse Page 2 of 4 Packet Pg.720 ,• ;C.18.b • Revisions and coordination to all affected disciplines. • Submittal to General Contractor for permit revision submittal. 2. Listed work shall be performed within 21 calendar days of approval of Ninth Amendment. 3. Pursuant to section 7.3 of the Agreement, the County shall pay the Consultant monthly in current funds for a percent complete of the sub-consultants' performances of the additional services stated herein for the total lump sum of Thirty-One Thousand Two Hundred Fifty Dollars and 00/100 ($31,250.00). 0 U The remaining terms of the Agreement and as Amended,not inconsistent herewith,shall remain in full force and effect. 0 [SIGNATURE PAGE TO FOLLOW] CJ 06 CJ 0 CJ Ninth Amendment to Agreement with CSA for PK Courthouse Page 3 of 4 Packet Pg.721 C.18.b . i;,Y SS WHEREOF,the parties hereto have executed this Ninth Amendment on the date stated ion b the Consultant must be b a person with authority to bind the Consultant. r �.� Y Y. P.. y � BOARD OF COUNTY COMMISSIONERS r ( y 1tt s� r adok,"Clerk OF MONROE C L RID By: Deputy Clerk � ayo hairperson o Date: , 1 0 CL �. 0 ARCHITECTIENGINEER CURRIE ; •- SOWARDS G ILA ARCHITECTS,INC. c, ADO ISTANT NT1f A . By;- • Z 6 -9 Date ;� p Title: Date: 1'Z STATE.OF . IDS COUNTY"OF PA LM WtA LU On.this. 13 day of DECEIMBER 2019, before me, the undersigned.notary public,"personally Lu appeared.y n4p W. IAb gii.-A known"to me to be the person whose name is subscribed above i or who produced ~: as identification;.and.acknowledged that he/she is"the U person wlio executed,the above,contract with Monroe County. :for,-the �i h Amendment_to the Agreement for Professional Ser��ices Between. Owner- and Consultant.for the purposes therein contained. Notary. "Publi __ ,• ,,dENNIfHtWHIi1kY Print Name EIJIJI 1 :*;commissltinGG21i945806 Expires November 20,2022 My.commission expires: .11 ZO .2Z . (Seal)" ., tt'' aa�aeanwTrgrFatnmwmeeeoo�estol� 0 rZ .. N �' '~C. -r: �,. C;) a� Ninth Amendment to Agreement"with CSA for PIf Courthouse Page 4 of Packet Pg.722 C.18.b Client#:1049229 CURRISOW ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 8119/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the tends and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder In lieu of such endomement(s). PRODUCER N ME:C NTA T _ USI Insurance Services,LLC PHO E 813 321-7500 FAX AIC No Ext: A1C No 2602 N Rocky Point Drive E-MAIL ADDRESS: Suite 400 INSURER(S)AFFORDING COVERAGE NAIC tt Tampa,FL 33607 INSURERA:"SAlaeumncacmnpe,q 11066 W INSURED INSURERS:7-10m cwuaayand sumty company j 19038 Currie Sowards Agulla Architects Inc INSURER c u,�,w XL Cemp-y 137885 185 NE 4th Ave Suite 101 INSURER Delray Beach,FL 33483 INSURERE_ INSURER F: CL COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: L_ 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 WMCH 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. Ua INSR ADDL SU8 POLICY EFF POLICY EXP MR TYPE Of INSURANCE I SR WVD POLICY NUMBER MWDD MMIDD/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY X BPG98835 D811712019 0811712020 EACH OCCURRENCE $1 000 000 EpRGG 'IRE E CLAIMS-MADE OCCUR $500 OOO MED EXP(Any one person) $5 000 PERSONAL&AOV INJURY $1000000 GEN'L AGGRFGATF LIMIT APPLIES PER: GENERAL AGGREGATE 52000,000PRO- E - POLICY EI JECT LOC PRODUCTS.COMPIOP AGG j S 0OO 000 OTHER: S ¢ A AUTOMOBILE LIABILITY CD X BPG98835 8117/2019 08/17/202 E COMBINED nt,SINGLE Uh11T E1,000,000 r ANY AUTO BODILY INJURY(Per person) Is OWNED SCIIEDULED �.�5 '�R1Si<N N U AUTOS ONLYuJ AUTOS BODILY INJURY(Per accident)I SuJ HIRED NON-OWNED BY PROPERTY DAMAGc S X AUTOS ONLY X AUTOS ONLY PzracrJdent j5 I UMBRELLA LIAR WAIVERWAIVEROCCUR EACH OCCURRENCE is Pt/ EXCESS LIAB HCLAIMS-MADF r'- AGGREGATE Is I DED I I RETENTIONS is B WORKERS COMPENSATION X UB9J073318 0110112019 01/01/2020 X I PER OTH- r AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L. EN EACH ACCIDENT I$1 DOO OLIO OFFICERMFIVISER EXCLUDED? ® N I A (Mandatory In NH) E.L DISEASE-Fes.EMPLOYEEI 91,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000 000 C Professional DPR9938943 0212712019 02127/2021 $2,000,000 per Claim 06 Liability $2,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule•may be attached if more space Is required) Professional Liability coverage is written on a claims-made basis. O RE:Plantation Key Judicial Courthouse&Detention Facility;Professional Liability includes Specific Project Excess with limits$0 per claim/$2,000,000 aggregate thereby Increasing total policy limits to $2,000,000 per claiml$4,000,000 aggregate for the referenced project.Monroe County is an additional insured with respect to General Liability and Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Room 2-216 Key West,FL 33040 AUTHORizsn RFPRFSFNTATII/F DlUk% ot. O&W,,.A06-1 O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2018/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S26387800/M26387573 PYBZP Packet Pg.723 EIGHTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Eighth This Seven Amendment to the Agreement for Professional Services dated February 18, 2015, (the "Agreement") is made and entered this 20" day of November, 2019, between Monroe County ("County") and Currie Sowards Aguila Architects, Inc. ("Consultant"), in order to amend the c Agreement, as First Amended on May 20, 2015, Second Amended on October 21, 2015, Third Amended on May 17, 2017, Fourth Amended on January 17, 2018, as Fifth Amended on May 16, 2018, as Sixth Amended on February 20,2019, and as Seventh Amended on June 19,2019 as follows: 0 WHEREAS, on February 18,2015,the parties entered into an Agreement for professional services to design and permit the Plantation Key Judicial Courthouse and Detention Facility("Project"); and WHEREAS, on May 20, 2015,the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process,which is a requirement for the Village of Islamorada; and WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to provide a schedule of values for compensation that includes the Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction Administration phases; and i WHEREAS, on May 17,2017,the parties agreed to a Third Amendment to the Agreement to provide sub-consultant services for Civil Engineering, Landscape and Irrigation design, Voice/Data/AV and Security, Acoustics, Sustainable Design and Cost Estimating and to include public records provision revisions in compliance with section 119.071 Florida Statues; and 06 WHEREAS, on January 17, 2018, the parties agreed to a Fourth Amendment to the Agreement to provide sub-consu-ltant services for the Interior Design and Building Commissioning and Training Services as identified in Attachment C of the Agreement, and with the Florida Department of Management Services Design Professional Guidelines; and WHEREAS, on May 16, 2018,the parties agreed to a Fifth Amendment to the Agreement to provide the Services of an Architectural Historian to verify the historic significance of the existing Spottswood building's eligibility to be registered as a Historic place; and WHEREAS, on February 20, 2019, the parties agreed to a Sixth Amendment to the Agreement to provide site investigation,utility coordination and phasing coordination with existing structures on the Project; and Eighth Amendment to Agreement with CSA for PK Courthouse Page 1 of 4 Packet Pg.724 C.18.b WHEREAS, on June 19, 2019, the parties agreed to a Seventh Amendment to the Agreement to increase the Consultant fee for services due to the increase in the project scope and construction budget; and WHEREAS, during the pre-construction walk-through of the property it was determined that there was a discrepancy in the elevations on the survey that the County had procured; and WHEREAS, the drawings and specifications completed by the Consultant in 2018 had used the incorrect survey as a basis for their design;and 0 WHEREAS,the County now needs the Consultant to update the design drawings and specifications CL with corrected elevation information as determined by a corrected survey. 0 NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that the original Agreement shall be amended as follows: 1. In accordance with Article III, Exhibit C, of the Agreement, Consultant shall engage the services of sub-consultants to provide all necessary actions, coordination and deliverables in order to correct the civil design and construction documents to reflect the newly corrected survey. • Task 1: Gradine RevisionsLU c, Kimley-Horn shall regrade necessary portions of the proposed site with the updated LU existing elevations,tie-in points as well as the updated finished floor elevation required by the updated drainage calculations. i • Task 2: Drainaee Calculations and Design Revisions Kimley-Horn shall update the drainage design to reflect the updated site grading.Revised drainage calculations and a report will be prepared for permitting applications. 06 • Task 3: Utility Desien Revisions 2 Kimley-Horn shall update the utility design to reflect the updated site grading. • Task 4: Civil Construction Document Revisions Kimley-Horn will revise the Civil Construction Documents to reflect the updated survey provided and the necessary design changes.Revised plan sheets are to include: 1. Demolition Plan 2. Erosion Control Plan 3. Paving,Grading,&Drainage Plan 4. Paving,Grading,&Drainage Cross Sections 5. Water&Sewer Plan 6. Water&Sewer Profiles Eighth Amendment to Agreement with CSA for PK Courthouse Page 2 of 4 Packet Pg.725 The effort for this task includes one (1) submittal of the revised Civil Construction Documents. The effort for this task includes addressing one(1)round of ordinary and reasonable comments for the submittal. Subsequent modifications resulting from significant site layout changes or additional review comments directed by the Client or Owner shall be considered and additional service. • Task 5: Permitting Updates Kimley-Horn will prepare permit modification applications with supporting documents to permits affected by the revised survey. Kimley-Horn will address up to two(2)rounds of comments by the regulatory agencies. Any plan revisions or comments that are required due to a significant design change by the Client,Client's consultants,or Owner shall result CL in additional services. The following permit modifications are anticipated: 2- 0 o South Florida Water Management District(SFWMD) o Environmental Resource Permit 2. Pursuant to section 7.3 of the Agreement, the County shall pay the Consultant monthly in current funds for a percent complete of the sub-consultants performance of the additional services stated herein for the total lump sum of Twelve Thousand Dollars and 00/100 ($12,000.00). The remaining terms of the Agreement and as Amended,not inconsistent herewith,shall remain in full W force and effect. Lu Lu c, i i [SIGNATURE PAGE TO FOLLOW] 06 0 CJ Eighth Amendment to Agreement with CSA for PK Courthouse Page 3 of 4 Packet Pg.726 C.18.b WHEREOF,:,the parties:hereto have executed this Eighth:Amendment on the date a e. cution by the Consultant must be by a.person.wiflti authority to bind the Consultant. l h BOARD OF:COUNTY COMMISSIONERS po _ dok,Clerk OF'MONROE CO TY ORIDA : Deputy : . . ayo C �rperson o Date: CL : 0 A7T PINEY ARCHITECT/ENGINEER CURRIE ED. SOW'AR S U1LA ARCHITECTS;INC. ca PEDRO .:IMEF1CiM . . ASSI EY By: . oete Titled.v- , .�:r W C_ P . �. Date: d� 'YZI 7A I R r STATE.OF f-LDKIDA.. ,.COUNTY. .F l:tlY1 = 14Gl On this 'LZ day of QGTD�IZ ; 2019,:before me the undersigned notary public,:personally X appeared f�lat�Rift .:knci n to me to be the person whose name'is subscribed above i or who produced as identification, and acknowledged that he/she is the person who executed the.above contract with.Monroe County for the. Eighth Amendment to the: Agreement for. Prof, ssionaI Services :Between Owner and. Consultant for the purpo$es_therein .:contained. • Notary Pu is Print Name IJ t My commission expires: I I L20�2Z (Sea]) AENNIF6tINNITLEY t1) '` = Carunission#.GG 263458 . . . Eoms Novmn*20,2022 ",•;�;°•' BaidedllwTiorWn6autnce800, 7018 E LU d x. O. Eighth Amendment to Agreement with CSA for.PK Courthouse: Page 4 of.4 . . Packet Pg.727 • • ;C.18.b SEVENTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES - FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY This Seventh Amendment to the Agreement for Professional Services dated February 18, 2015, (the "Agreement") is made and entered this 19" day of June,2019,between Monroe County("County'D and Currie Sowards Aguila Architects,Inc.("Consultant"), in order to amend the Agreement,as First Amended on May 20,2015,Second Amended on October 21,2015,Third Amended on May 17,2017, Fourth Amended on January 17,2018,as Fifth Amended on May 16,2018,and as Sixth Amended on February 20,2019,as follows: CL 2- WHEREAS,on February 18,2015,the parties entered into an Agreement for professional services to design and permit the Plantation Key Judicial Courthouse and Detention Facility("Project");and WHEREAS,on May 20,2015,the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process,which is a requirement for the Village of Islamorada;and WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to provide a schedule of values for compensation that includes the Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction Administration phases;and LU LU WHEREAS,on May 17,2017,the parties agreed to a Third Amendment to the Agreement to provide sub-consultant services for Civil Engineering, Landscape and Irrigation design, Voice/Data/AV and Security,Acoustics, Sustainable Design and Cost Estimating and to include public records provision ' revisions in compliance with section 119.071 Florida Statues;and WHEREAS, on January 17, 2018, the parties agreed to a Fourth Amendment to the Agreement to provide sub-consultant services for the Interior Design and Building Commissioning and Training 06 Services as identified in Attachment C of the Agreement, and with the Florida Department of Management Services Design Professional Guidelines;and WHEREAS,on May 16,2018,the parties agreed to a Fifth Amendment to the Agreement to provide the Services of an Architectural Historian to verify the historic significance of the existing Spottswood building's eligibility to be registered as a Historic place;and WHEREAS, on February 20, 2019, the parties agreed to a Sixth Amendment to the Agreement to provide site investigation,utility coordination and phasing coordination with existing structures on the Project;and Seventh Amendment to Agreement with CSA for PK Courthouse Page 1 of 3 Packet Pg.728 C.18.b WHEREAS,the Project work,cost and scope has increased since the Agreement was executed,as a result,the Consultant has requested an increase of its fee for services;and WHEREAS, the Agreement stipulates that an adjustment will be made to the Consultant fee percentage and for actual construction costs at the end of the project based upon the State of Florida Department of Management Services Design Professional Fee Guidelines;and WHEREAS,the Consultant has proposed that its fee for services be adjusted, by amendment, from $875,000.00 to $1,629,516.00 (for an increase of$754,516.00), and that this be done as soon as possible rather than have the fee adjustment and increase made at the end of the project as Article 7.1.1 of the Agreement provides; and CL - WHEREAS,the County and Consultant have agreed to an increase of the Consultant's fee effective upon execution of this Amendment prior to the end of the project and the Consultant waives any additional fee adjustments that would otherwise have been paid at the end of the Project; and WHEREAS, the proposed fee adjustment shall constitute payment to the Consultant for services rendered, additional Project costs, and for monitoring of the construction of the new facilities once a notice to proceed is issued on the Project. NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that Article 7.1.1 of the Agreement is amended as follows: W LU 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for a percent LU complete of each phase of the CONSULTANT's performance of this Agreement based on a schedule of values provided by the Consultant with the Total Not to Exceed Amount of Two Million Ninety Thousand Fourteen Dollars and no cents($2,090,014.00).No adjustment will be made in Consultant's Fee percentage or for the actual construction costs at the end of the Project.This total of$2,090,014.00 is the sum total of the following fees and payments: $875,000.00-original Agreement $57,500.00-Amendment 1. 06 $295,790.00—Amendment 3. $57,750.00—Amendment 4. $9,658.00—Amendment 5. o $39,800.00—Amendment 6. $754,516.00—Amendment 7. E The remaining terms of the Agreement and as Amended,not inconsistent herewith,shall remain in full force and effect. Seventh Amendment to Agreement with CSA for PK Courthouse Page 2 of 3 Packet Pg.729 • ;C.18.b ITNESS WHEREOF, the parties hereto have executed this Seventh Amendment on the date e.Execution by the Consultant must be by a person with authority to bind the Consultant. BOARD OF COUNTY COMMISSIONERS Madok, Clerk OF MON CO Y,FLORIDA By: o Deputy Clerk ayor/Chairperson 0 Date: t g 'L° CJ 0 ARCHITECT/ENGINEER CURRIE SOWARDS AGUILA ARCHITECTS.INC. By: , Title: r,C� V f Date: 1Ju1-e 2 t 20 R STATE OF FLORIDA,COUNTY OF FA1.rbI Pf-IT; I On this 21 day of JVNE , 2019, before me, the undersigned notary public, personally i appeared J06E is.1P&N.1LA ,known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the cJi person who executed the above contract with Monroe County for the Seventh Amendment to the ' Agreement for Professional Services Between Owner and Consultant for the purposes therein contain Notary P is _ Print NI °� IT ; ti*'"`' ;J #G 2" 06 My commission expires: ( �1�2DZZ (Seal) I_� Xpi18S. r 20 2022 i: (0119iilfl8l ''°?%ayY�' BotdedidtYTlayFtYknultce6063851019 0 -71✓ . - LL- MONROE COUNTY ATTORNEY o _ APPROVED AS TO F RM E kaS1 '� Cr i CH S AMBROSlion © rl;� ASSISTANT COUNTY ATTORNEY u F Date: Seventh Amendment to Agreement with CSA for PK Courthouse Page 3 of 3 Packet Pg.730 SIXTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY This SIXTH AMENDMENT ("Sixth Amendment") to the AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT dated February 18,2015,(the"Agreement") is made and entered into February 20, 2019,between MONROE COUNTY("County") and CURRIE c SOWARDS AGUILA ARCHITECTS,INC.("Consultant"),in order to amend the Agreement,as First Amended on May 20,2015,Second Amended on October 21,2015,Third Amended on May 17,2017, Fourth Amended on January 17,2018, and as Fifth Amended on May 16,2018, as follows: CL 2_ 0 WITNESSETH WHEREAS,on February 18,2015,the parties entered into an Agreement for professional services to design and permit the Plantation Key Judicial Courthouse and Detention Facility("Project"); and WHEREAS, on May 20, 2015, the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process,which is a requirement for the Village of Islamorada; and WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to provide a schedule of values for compensation that includes the Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction Administration phases; and i WHEREAS,on May 17,2017,the parties agreed to a Third Amendment to the Agreement to provide sub-consultant services for Civil Engineering, Landscape and Irrigation design, Voice/Data/AV and Security, Acoustics, Sustainable Design and Cost Estimating and to include public records provision revisions in compliance with section 119.071 Florida Statues; and 06 WHEREAS, on January 17, 2018, the parties agreed to a Fourth Amendment to the Agreement to provide sub-consultant services for the Interior Design and Building Commissioning and Training Services as identified in Attachment C of the Agreement dated February 18,2015,and with the Florida Department of Management Services Design Professional Guidelines; and WHEREAS,on May 16, 2018, the parties agreed to a Fifth Amendment to the Agreement to provide the Services of an Architectural Historian to verify the historic significance of the existing Spottswood building's eligibility to be registered as a Historic place; and Packet Pg.731 Sixth Amendment to Agreement between CSA and Monroe County for P.K.Judicial Courthouse WHEREAS, the Consultant requires expansion to the scopes of service added with the Third Amendment in order to successfully coordinate the existing site utilities including electrical, data, water service, storm sewer and sanitary sewer with the associated service providers. WHEREAS,the Consultant had not received prior direction for this coordination with utility providers or to include a comprehensive layout of the existing utilities in previous preparation of their construction documents. These services are considered necessary for the Scope of Services for the completion of the design through construction of the Project; and NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that the original Agreement shall be amended as follows: CL 2_ 0 1. In accordance with Article III, Exhibit C, of the Agreement, Consultant shall engage the services of sub-consultants to provide all necessary actions, coordination and deliverables in c, order to coordinate and design the project. A. Discovery i. Consultant shall be solely responsible for identifying the locations of existing utilities,meters and conduits that will be impacted by construction. ii. Consultant shall identify entities that have power,water,data,electrical equipment on site and verify the site conditions. iii. Consultant shall perform as needed site walks to discover the location of utilities. W iv. Consultant shall absolutely verify all power and data conveyance on the site in regard to the Sheriff's emergency communications, back-up generators and the LU array towers located on site. B. Coordination i. Consultant will identify existing utilities on the project site through research of available documents,site visits,and include coordination with Monroe County,the Village of Islamorada, the Florida Keys Aqueduct Authority, The Florida Keys Electrical Co-Op, AT&T, Comcast, and any other agencies that may have knowledge of existing services on the site. ii. Consultant shall highlight any work that will require an outside agency to have 06 work completed as a result of work being done on the site. C. Design i. Consultant shall design a proposed layout of new pole locations and required conduits to be approved by Owner and utility providers. ii. Consultant shall supply approved design with utility providers and implement any changes required. System design to include cabling, wiring, distribution, boxes, and other specifics to their system will be prepared by the individual utility company. iii. Consultant shall merge final approved design into the final "As-Constructed" drawings. D. Deliverables i. Consultant shall provide a schematic drawing showing the relationships of all utilities that will be impacted by demolition of existing buildings, and removal of existing power poles. Page 2 of 3 Packet Pg.732 t: C.18.b Sixth Amendment to Agreement between CSA and Monroe-County for P.K.Judicial Courthouse 2. Pursuant to section 7.3 of the Agreement, the County shall pay the Consultant monthly in current funds for a percent complete of the sub-consultants performance of the additional services stated herein for the total lump sum of Thirty-Nine Thousand Eight Hundred Dollars and 00/100($39,800.00). The remaining terms of the Agreement and,as Amended,not inconsistent herewith,shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this Sixth Amendment on the date stated above.Execution by the Consultant must be by a person with authority to bind the Consultant. 0 BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONK CO ,FLORIDA Attest: Kevin Madok,Clerk By: Ua By: M yor Deputy Clerk o m ' -? ARCHITECT/ENGINEER CUIPU r SOWARDS AGUILA ARCHIfE_ 'S,INZ 1. W % �+ ,�. Lu �•a `,.` Lu NROE COUNTY ATTORNEY APP VED AS F M Title. er„ -Y�C_ �� i i Date: �`2�-I Zd 1 e CHRIS AMBROSIO ASSIST NT C UNTY ATTORNEY Date: e STATE OF FL RIDA,COUNTY OF On this_c�day of 20 j, 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 contract with Monroe County for the Sixth Amendment to the Agreement for Professional Services Between Owner and Consultant for the purposes therein contained. Notary Public Print Name My commission expires: (-I I�:-z I Z'Z. (&ERE LRAM MYC *a 13,2= P� Page 3 of 3 Packet Pg.733 C.18.b Client#: 1049229 CURRISOW ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 8/2019(MMIDD/YYYY) 2/2(MMIDD 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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services,LLC PHONE g13 321-7500 FAx A/C,No,Ext: AIC,No): 2502 N Rocky Point Drive E-MAIL Suite 400 ADDRESS: Tampa,FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# 0) W INSURER A:MSA Insurance Company 11066 INSURED INSURER B.:Travelers Casualty and Surety Company 19038 Currie Sowards Aguila Architects Inc INSURER C:XLSpecialty Insurance Company 37885 185 NE 4th Ave INSURER D O Suite 101 Delray Beach, FL 33483 INSURERE: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS ¢' LTR INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY X BPG98835 - 08/17/2018 08/1712019 EACH OCCURRENCE $1 000 000 CLAIMS-MADE X OCCUR PREMISESs occur ante $500,000 MED EXP(Any one person) $5,000 a) A V� BY ISK oMMT PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 n BY POLICY J CT 7 LOC �_ "7 PRODUCTS-COMP/OPAGG $2,000,000 CD OTHER: DATE $ W A AUTOMOBILE LIABILITY X BPG988MAIVLFI N/ YE 7/2018 08/17/201 COMBINED SINGLE LIMIT 1 000 000 (, Ea accident $ , r ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULEDLLI AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ I HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ $ C� UMBRELLA LIAB OCCUR EACH OCCURRENCE $ i EXCESS LIAB r CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- B X UB9J073318 01/01/2019 01/01/202 X STA E ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1 00O 000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000 000 06 If yes,describe under U DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional DPR9938943 02/27/2019 02/27/202 $2,000,000 per Claim Liability $2,000,000 Annl Aggr. O CJ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Professional Liability coverage is written on a claims-made basis. RE:-Plantation-Key Judicial Courthouse&-Detention Facility}Professional Liability includes Specific Project Excess with limits$0 per claim/$2,000,000 aggregate thereby increasing total policy limits to $2,000,000 per claim/$4,000,000 aggregate for the referenced project. Monroe County is an additional insured with respect to General Liability and Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Room 2-216 Key West,FL 33040 AUTHORIZED REPRESENTATIVE 06--OL.o ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD Packet,Pg.734 #S25101451/M25101143 NSNZP FIFTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION N ,Y JUDICIAL COURTHOUSE AND DETENTION FACILITY THIS FIFTH AMENDMENT (hereinafter "FIFTH AMENDMENT") to the AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT dated February 18,2015, (the "Agreement") is made and entered this 16th day of May, 2018, between MONROE COUNTY ("County") and CURRIE SOWARDS AGUILA ARCHITECTS, INC. ("Consultant"), in order to 0 amend the Agreement, as First Amended on May 20,2015,as Second Amended on October 21,2015, and as Third Amended on May 17, 2017, and as Fourth Amended on January 17, 2018, as follows: CL - WITNESSETH WHEREAS, on February 18, 2015, the parties entered into an Agreement for professional services to design and permit the Plantation Key Judicial Courthouse and Detention Facility("Project"); and WHEREAS, on May 20, 2015, the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process,which is a requirement E for the Village of Islamorada; and r- WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to provide a schedule of values for compensation that includes the Schematic Design, DesignLU Development, Construction Documents, Bidding and Permitting, and Construction Administration LU i phases; and i WHEREAS, on May 17, 2017,the parties agreed to a Third Amendment to the Agreement to provide sub-consultant services for Civil Engineering, Landscape and Irrigation design, Voice/Data/AV and Security, Acoustics, Sustainable Design and Cost Estimating and include public records language revisions in compliance with section 119.071 Florida Statues; and 06 WHEREAS, on January 17, 2018, the parties agreed to a Fourth Amendment to the Agreement to provide sub-consultant services for the Interior Design and Building Commissioning and Training Services as identified in Attachment C of the Agreement dated February 18,2015,and with the Florida Department of Management Services Design Professional Guidelines; and E WHEREAS,the Director,Division of Historical Resources and State Historic Preservation Officer has notified the County that the initial assessment of the existing Spottswood building "Old Monroe County Sheriff Office" located at the site of the proposed Plantation Key Judicial Courthouse and Detention Facility is eligible for listing in the National Register of Historic Places; and Packet Pg.735 C.18.b Fifth Amendment to Agreement between CSA and Monroe County for P.K.Judicial Courthouse WHEREAS, the Consultant requires the assistance of an Architectural Historian to provide further analysis of the historic significance of the existing Spottswood building located at the site of the proposed Plantation Key Judicial Courthouse and Detention Facility; and NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that the original Agreement shall be amended as follows: 1. In accordance with Article III, Exhibit C, of the Agreement, Consultant shall engage the 0 services of sub-consultants to provide architectural historian services for the existing Spottswood building as follows: A. Investigation CL i. Research the State archives to determine if someone has added or attempted to add this project to the State's master site file for historic structures. ii. Travel to the site and perform an assessment of the structure to determine the historic nature of the building and document the surrounding area. The report of the building would follow the 2010 Guide to Historic Structures Form,Version 4.0, format, as required by the Bureau of Historic Resources. iii. Assemble documents of our findings inclusive of written and photographic documentation to be assembled as appendices for the written report. B. Reporting i. Consolidate findings in a report documenting what was discovered in the research and an opinion of the building's historic significance, if any LU C. Deliverables i. Deliverables include printing and reproduction of reports which will be assembled and bound either, as a spiral bound document or 3-ring binder. Three(3)printed copies and one(1)CD containing the completed report in a PDF format will be m provided. 06 2. Pursuant to section 7.3 of the Agreement, the County shall pay the Consultant monthly in current funds for a percent complete of the sub-consultant's performance of the additional services stated herein, a lump sum of Nine Thousand Six Hundred Fifty-Eight Dollars and 00/100($9,658.00). The remaining terms of the Agreement and as Amended,not inconsistent herewith,shall remain in full force and effect. Page 2 of 3 Packet Pg.736 C.18.b Fifth Amendment to Agreement between CSA and Monroe County for P.K.Judicial Courthouse IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment on the date stated above.Execution by the Consultant must be a person with Authority to bind the entity. (Seal) BOARD OF COUNTY COMMISSIONERS Attest K VIN MADOK, CLERK OF MONROE COUNTY,FLORIDA 0 By: By: Deputy Clerk Mayor/Chain CL 2- ` I Date: ` l '� Date: 0 c, (Seal) ARCHITECT/ENGINEER Attest: CURRIE SOWARDS AGUILA E ARCHITECTS,INC. By: By: Title: ca Title: Date: I _ Date: 06 J.WHITLEY MONROE�OI.INTY ATTORNEY Commission#FF 143788 P ,R ED AS TO FORM Expires November 20,2018 Bond"Thru Troy Fain Ineunna M385-7019 t e.rrj* Lj d CHRIS AMBROSIO ASSI T NT C�UNTY ATTORNEY E Date: t Page 3 of 3 Packet Pg.737 C.18.b CURRIE Robert G. Currie, FAIA S O WA R d S Jess M. Sowards,AIA, LEED AP AG U j A Jose N.Aguila,AIA, LEED AP is a c hIitect February 4, 2019 Mr. Matthew Howard, Project Manager Howard-Matthew@monroecounty-fl.gov Monroe County Public Works & Engineering 1100 Simonton Street, Room 2-216 Key West, Florida 33040 0 Re: Plantation Key Courthouse& Detention Facility Project No. 140404 CL 2- Dear Matthew: Monroe County has requested that the Architect and design team expand their scope-of-services to include a more in-depth site investigation of existing utilities and services throughout the entire 6.65 acres. This level of site investigation was specifically excluded from the original Agreement with Monroe County and as such, not included in the original fee. Over time, it has been determined that there may be existing services and utilities that may affect both new construction, and sequence of development, so we have been asked to expand our scope and provide a more detailed review. Discovery: 1. Consultant shall be solely responsible for identifying the locations of existing utilities, meters and conduits that will be impacted by construction. 2. Consultant shall identify entities that have power, water, data, electrical equipment on site and i verify the site conditions. 3. Consultant shall perform as needed site walks to discover the location of utilities. i 4. Consultant shall absolutely verify all power and data conveyance on the site in regard to the ' Sheriff's emergency communications, back-up generators and the array towers located on site. Coordination: 1. Consultant will identify existing utilities on the project site through research of available 06 documents, site visits, and include coordination with Monroe County, the Village of Islamorada, the Florida Keys Aqueduct Authority,The Florida Keys Electrical Co-Op, AT&T, Comcast, and any other agencies that may have knowledge of existing services on the site. 2. Consultant shall highlight any work that will require any outside agency to have work completed as a result of work being done on the site. Design: 1. Consultant shall design a proposed layout of new pole locations and required conduits to be approved by Owner and utility providers. 2. Consultant shall supply approved design with utility providers and implement any changes required. System design to include cabling, wiring, distribution, boxes, and other specifics to their system will be prepared by the individual utility company. Architecture, Plonning, interiors, Sustoinoble Design 185 NE 4th Avenue,Suite 101,Delray Beach,FL 33483 T 561-276-4951 F 561-243-8184 www.cso-orchitects.com Packet Pg.738 C.18.b 3. Consultant shall merge final approved design into the final "As-Constructed" drawings. Deliverables: 1. Consultant shall provide a schematic drawing showing the relationships of all utilities that will be impacted by demolition of existing buildings, and removal of existing power poles. beyond the site visits already included in the base Agreement, we have added one additional site visit for the Civil Engineer,four additional site visits for the MEP Engineer, and two additional site visits for _ the Architect. °' c� 0 In addition, to the site utility investigations,The County has requested fees for the required plan revisions due to the October 2, 2018 GMP to include the removal of the exterior fountain, and acoustical study and redesign of the three courtrooms. Fees for these added services are as follows: CL 2_ 1. Site Utility inventory and coordination $ 3,800.00 K-H 2. Site Electrical &Telecommunication Technology $16,500.00 TLC 3. CSA overall Coordination &added site visits $ 3,650.00 CSA 4. Exterior fountain revision (landscape & irrigation) $ 1,850.00 C+R 5. Acoustical redesign of three courtrooms $ 5,500.00 ED+A 6. Architectural courtroom plan revisions &coord. 8,500.00 CSA Total lump-sum amount $39,800.00 (includes reimbursables) We have excluded any work to the existing courthouse structure as the scope remains undefined at this time. Once the County has determined the extent to which that building is to be modified or repurposed for any future use, we can provide a stand-alone fee for that task. t� This request replaces the previous letter dated December 20, 2018 addressed to your attention. Please i let me know if this works and if you need anything else from me. i Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS 06 Jose N. Aguila, AIA, LEED AP Principal Copy: File Packet Pg.739 C.18.b FOURTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND C)ETENTION FACILITY THIS FOURTH AMENDMENT (hereinafter "FOURTH AMENDMENT") to the AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT (the "Agreement") is made and entered this 17th day of January, 2018, between MONROE COUNTY ("County") and CURRIE SOWARDS AGUILA ARCHITECTS INC. ("Consultant") in order to amend the o Agreement between the parties dated February 18,2015,as First Amended on May 20,2015,as Second Amended on October 21, 2015, and as Third Amended on May 17, 2017, as follows: CL 2_ WITNESSETH ca WHEREAS, on February 18, 2015, the parties entered into an Agreement for professional services to 4 design and permit the Plantation Key Judicial Courthouse and Detention Facility ("Project"); and WHEREAS, on May 20, 2015, the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process,which is a requirement for the Village of Islamorada; and WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to provide a schedule of values for compensation that includes the Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction Administration phases; and WHEREAS, on May 17, 2017,the parties agreed to a Third Amendment to the Agreement to provide sub-consultant services for Civil Engineering, Landscape and Irrigation design, Voice/Data/ AV and Security, Acoustics, Sustainable Design and Cost Estimating and include public records language 06 revisions in compliance with section 119.071 Florida Statues; and WHEREAS, the consultant requires the assistance of sub-consultants for the Interior Design and U Building Commissioning and Training Services as identified in Attachment C of the Agreement dated February 18, 2015, and with the Florida Department of Management Services Design Professional Guidelines. These services are considered necessary for the Scope of Services for the completion of the design through construction of the Project; and NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that the original Agreement dated February 18, 2015, shall be amended as follows: 1. In accordance with Article Ill, paragraph 3.2 of the Agreement, Consultant shall engage the services of sub-consultants to incorporate their design in the preparation of bid and permit Page 1 of 4 Packet Pg.740 C.18.b documents, including construction documents, specifications, and permit assistance needed to construct the project through Certificate of Occupancy and final Owner acceptance. Sub-consulting services will be required for Interior Design, Building Commissioning and Training Services. a. Interior Design (ID): Design Phase • ID consultant will meet with Architect to analyze functional, organizational 0 and budgetary needs for the Project. ID consultant will discuss the desired image and guidelines for the Project. • ID consultant will prepare schematic plans showing floor patterns and wall CL finishes. ID consultant will present the proposed finishes and window 2_ treatments based on programming requirements, budget considerations and ID consultant's recommendation for style and quality. • Deliverables for this Phase include: o Meetings with Architect to present and finalize design direction. o Generic finishes in loose presentation format. o Rendered schematic floor covering and wall finish plans for presentation boards. o Key interior elevations, rendered in Photoshop (utilizing existing Client drawn elevations), as required for presentation boards. W o Up to a total of four(4)Presentation Boards. Construction Administration Phase i • ID consultant will review design intent with Architect before Architect prepares final documents. • Deliverables for this Phase include: o Redline/review of interior design specifications,prepared by Architect. o Review all interior design submittals concurrently with Architect. o ID consultant will be available for concurrent Construction Administration 06 assistance as needed. b. Building Commissioning and Training Services: CConlnsisstol In Fundamental Commissioning—The Commissioning Authority(CxA)will provide the following: • Designate an individual as the Commissioning Authority(CxA)to lead,review < and oversee the completion of the commissioning process activities. o The individual serving as the CxA is independent of the project's design and construction management team. o The CxA will report results, findings, and recommendations directly to the Architect and Owner. Page 2 of 4 Packet Pg.741 C.18.b • Aid the Architect and Owner to prepare the Owner's Project Requirements (OPR). The design team will develop the Basis of Design (BOD). The CxA will review both of these documents for clarity and completeness. • The CxA will develop and incorporate commissioning requirements into the construction documents, with the assistance of and in collaboration with the design team. • The CxA will develop and implement the commissioning plan. An initial preliminary commissioning plan will be developed during the design development phase, and reviewed with the entire design and construction team to achieve buy-in from all team members. The commissioning plan will be updated throughout the course of design and construction phases. CL • The CxA will conduct and lead periodic commissioning meeting with the O/A/E/C team. In general, these meeting will be held on the same day as regularly scheduled construction meetings, so as not to cause excessive numbers of additional meetings for the team. • The CxA will conduct periodic site observation visits to review the installation of systems being commissioned and witness some equipment start up. • The CxA will lead the team in the functional performance testing phase and will verify the installation and performance of each of the systems to be commissioned. • The CxA will complete a summary commissioning report. Systems to he commissioned i The Commissioning process activities shall be completed for the following energy- related systems: • All Heating, Ventilating, Air Conditioning (HVAC) systems (mechanical and passive) and associated control system(s). • Lighting and daylighting controls. • Domestic hot water systems. 06 • On-site renewable energy systems. 2 • Process and refrigeration equipment will NOT be commissioned. 2. The County shall pay the Consultant monthly in current funds for a percent complete of each sub-consultant's performance, a lump sum of Fifty-Seven Thousand Seven Hundred Fifty Dollars and 00/100 ($57,750.00) as follows: Interior Design $27,500.00 Building Commissioning and Training Services v$30,250.00 Total $57,750.00 Page 3 of 4 Packet Pg.742 C.18.b The remaining terms of the Agreement for Plantation Key Judicial Courthouse and Detention Facility dated February 18, 2015, and as Amended, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this Fourth Amendment on the date stated above. Execution by the Consultant must be a person with Authority to bind the entity. c� (Seal) BOARD OF COUNTY COMMISSIONERS c Attest KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: _.. By ca Deputy Clerk Mayor/Chairman Date: 9 =WH2018 (Seal) w ARCHITECT/ENGINEER 2018 Attest: = = November CURRIE SOWARDS AGUILA ARCHITECTS, INC. i c, By. _ Irv: KV Title: 06 }ti., , Date. Date: -3z, < 0 c, MONROE COUNTY NT ATTORNEti E APPRO D S TO FORM CH IS AMBROSIO ASSISTANT O 1.INITY ATTORNE'y Date: . Page 4 of 4 Packet Pg.743 C.18.b THIRD AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY THIS THIRD AMENDMENT (hereinafter "THIRD AMENDMENT") to the AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT (the "Agreement") is made and entered this 171h day of May, 2017, between MONROE COUNTY ("County") and CURRIE SOWARDS AGUILA ARCHITECTS, INC. ("Consultant"), in order to amend the Agreement between the parties dated February 18, 2015, as First Amended on May 20, 2015, and as Second Amended on October 21, 2015, as follows: WITNESSETH 0 WHEREAS, on the 18th day of February, 2015, the parties entered into an Agreement for professional services to design and permit the Plantation Key Judicial Courthouse and U Detention Facility; and WHEREAS, on the 20th day of May, 2015, the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process which is a requirement for the Village of Islamorada; and WHEREAS, on the 21" day of October 2015, the parties agreed to a Second Amendment to the Agreement to provide a schedule of values for compensation that includes the Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction Administration phases; and i WHEREAS, Additional Services are services not included in the Scope of Basic Services and are typically furnished beyond the Agreement for Professional Services and have additional fees and expenses negotiated based on the specific scope of services; and WHEREAS, the following services are considered Additional to Basic Services and are 06 in accordance with Attachment C of the Agreement dated February 18, 2015, and with the Florida Department of Management Services Design Professional Guidelines. These 2 services are considered necessary for the Scope of Services for the completion of the design through construction of the Plantation Key Courthouse and Detention Center: Civil Engineering Design, including Paving/Grading/Utilities/Drainage; Landscape Architectural & Irrigation Design; Voice/Data Communications, Electronic & AV, Security; Acoustics; Sustainable Design Consultant (FGBC); and Cost Estimating; and WHEREAS, County desires to revise language in its contractors and/or agreements for Public Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to §119.0701 which became effective March 8, 2016, and any subsequent changes thereto; and NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the original Agreement dated February 18, 2015, shall be amended as follows: 1 Plantation Key Judicial Courthouse and Detention Facility Packet Pg.744 C.18.b 1. In accordance with Article III, paragraph 3.2 of the Agreement dated February 18, 2015 Consultant shall engage in the services of sub-consultants to incorporate their design in the preparation of bid and permit documents, including construction documents, specifications, and permit assistance needed to construct the project through Certificate of Occupancy and final Owner acceptance. Sub- consulting services will be required for Civil Engineering, Landscape and Irrigation design, Voice/Data/AVand Security, Acoustics, Sustainable Design and Cost Estimating. 2. Sub-consultant services shall be invoiced at the actual fees paid by the Consultant, c plus an additional ten percent (10%) of the cost of these services to compensate Consultant for the procuring and management of the sub-consultant, and for the c, other financial and administrative costs. 0 3. The County shall pay the Consultant monthly in current funds for a percent complete of each sub-consultant's performance, a lump sum of Two Hundred c, Ninety Five Thousand Seven Hundred Ninety Dollars and 00/100 ($295,790.00) as follows: Civil Engineering Design, including Paving/Grading/Utilities/Drainage $119,900.00 Landscape Architectural &Irrigation Design 21,670.00 Voice/Data Communications,Electronic &AV, security 74,800.00 Acoustics 20,680.00 Sustainable Design Consultant(FGBC) 33,990.00 W Cost Estimating 2m5�1.f)Cl Total $295,790.00 i 4. Article 9.21, Public Access, of the Agreement dated February 18, 2015 shall be revised as follows with the aforementioned Consultant referred to herein also as "Contractor" for i this provision only: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and 06 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, 2 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. 2 Plantation Key Judicial Courthouse and Detention Facility Packet Pg.745 C.18.b Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) 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. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by c 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. (4) Upon completion of the contract, transfer, at no cost, to the County all public CL 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 c, 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. (5) 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 i 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 06 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. I_F 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# 305-292-3470 BRADLEY- 3 Plantation Key Judicial Courthouse and Detention Facility Packet Pg.746 C.18.b BRIAN@MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408 KEY WEST, FL 33040. The remaining terms of the Agreement for Plantation Key Judicial Courthouse and Detention Facility dated February 18, 2015, and as First Amended on May 20, 2015, and as Second Amended on October 21, 2015, not inconsistent herewith, shall remain in full force and effect. 0 1N MTN ES WHEREOF, the parties hereto have executed this Amendment on the date � tatecl �tl� iy , Y AttestE�1'IN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROI,,COUNTY, FLORIDA c By: . . Deputy Clerk Mayor/Chairman E ARCHITECT/ENGINEER Wi SS CURRIE SO 'ADDS AGUILA ARCHITECTS E B a. Title: v, .. i MONROE COUNTY ATTORNEY'S OFFICE P A PROVE AST F R 06 PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: " 0 CJ n3 4 Plantation Key Judicial Courthouse and Detention Facility Packet Pg.747 C.18.b SECOND AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL S VICES FORTHE PLANTATION KEY JUDICIAL CQPAj ILOUSE AND DEITEWTIONFACILITY THIS SECOND AMENDMENT (herein after "SECOND AMENDMENT') to the AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT (the "Agreement") is made and entered this 21' day of October 2015 between MONROE COUNTY ("County") and CURRIE SOWARDS AGUILA ARCHITECTS, INC. ("Consultant"), in order to amend the Agreement between the parties dated February 18, 2015, and as First Amended on May 20,2015,as follows: c WITNESSETH a WHEREAS, on February 18, 2015, the parties entered into an Agreement for professional services to design and permit the Plantation Key Judicial Court House and Detention Facility; and WHEREAS, on May 20, 2015, the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process E which is required by the Village of Islamorada; and WHEREAS, it is customary that the Consultant's fee for basic services is paid monthly, in accordance with a schedule of each phase, to include Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction W Administration phases; and LU LU WHEREAS, the original Agreement dated February 18, 2015, does not include this payment schedule of each phase; and i NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the original Agreement dated February 18, 2015, shall be amended as follows: 1. Article VII paragraph 7.2.1 shall be amended to include sub-paragraph(C) that provides a schedule of values for Consultant's compensation total not to exceed a price of Eight Hundred Seventy Five Thousand Dollars and No Cents($875,000.00) as follows: (C) For its assumption and performances of the duties, obligations and responsibilities set forth herein, the Consultant shall be paid monthly, in accordance with the following schedule: • Schematic Design 15% $131,250.00 • Design Development 20% $175, 0.00 • Construction Documents 40% $350,000.00 • Bidding and Permitting 5% $439750.00 • Construction Administration 20% $175.000+.00 Total $875,000.00 l Packet Pg.748 C.18.b The remaining terms of the Agreement for Plantation Key Judicial Court House and Detention Facility dated February 18, 2015, and as First Amended on May 20, 2015, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date Bove. iEA [LIN CPA,CLERK BOARD OF COUNTY COMMISSIONERS OF c MO O Y,FLORIDA �:. w � � By ` k eputy Clerk ayo airman c. ARCHITECT/ENGINEER Witnes CURRIE SOWARDS AGUILA ARCHITECTS —Qj�> Witness Title:..... 4uNROE COUNTY ATTORNEY W PPROVED As TO FORM c, •` 5x. HRIS A -,tlB ROSIO ziiSTy COUNTYA RNEY 06 CJ 2 Packet Pg.749 C.18.b FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION KEY JUDICIAL COURT HOUSE AND DETENTION FACILITY THIS FIRST AMENDMENT (herein after "AMENDMENT") to the AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND CONSULTANT (the "Agreement") is made and entered this 20"' day of May, 2015 between MONROE COUNTY ("County") and CURRIE SOWARDS AGUILA ARCHITECTS, INC. ("Consultant"), in order to amend the Agreement between the parties dated February 18"', 2015 as follows: c� WITNESSETH c WHEREAS, on the 18th day of February, 2015 the parties entered into an Agreement for professional services to design and permit the Plantation Key Judicial Court House and Detention CL Facility; and 0 WHEREAS, Consultant's fee was calculated using the guidelines set forth in the State of Florida Department of Management Services Design Professional Fee Guidelines; and WHEREAS, such State of Florida Guidelines identify Additional Services that are not part of the Basic Services on which the initial architectural fee is calculated, and are incorporated into the original Agreement dated February 18"', 2015; and � WHEREAS, Site DRI (Development and Regional Impact) and PUD (Planning Unit Development) Review and/or zoning modifications are considered Additional Services in accordance with Attachment C of the Agreement and with the Florida Department of Management Services Design Professional Guidelines; and LU LU WHEREAS, the Village of Islamorada is requiring the County to undergo the site plan review and approval process which includes meetings with staff, drawings and specifications, application forms, coordination with an electrical engineer, landscape architect, and biologist; and NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree that the original Agreement dated February 18, 2015 shall be amended as m follows: 06 A. SCOPE OF WORK Consultant to provide the disciplines to include architectural, electrical engineering, civil is engineering, and landscape architecture to prepare required drawings, exhibits, and application forms as required to obtain a site plan approval through the Village of Islamorada. The following items are included as necessary elements for submission and successful completion for Site Plan Approval: • Attendance at the required pre-application meeting with the Village of Islamorada staff. • Preparation of required application forms. • Preparation and distribution of the final Site Plan. • Preparation of Floor Plans for proposed buildings and floor levels. • Preparation of exterior building elevations. • Preparation of colored renderings for presentations to public and boards. • Biologist who will prepare tree and vegetation mitigation and disposition plans. • Landscape architect for the preparation of landscape and irrigation plans. 1 Packet Pg.750 C.18.b • Site lighting plan and photometrics. • Traffic Engineering for the required Level 3 traffic report • Civil engineer for the preparation of preliminary potable water, sanitary sewer, site paving and drainage systems. • Coordination with any agencies and utility service providers that may have an impact on the project. • Attendance at meetings with Village staff, client, utility providers,residents, and other groups as required by the process. • Response to comments raised by Village staff and resubmittal of revised documents as needed. • Upon completion, deliver a formal response to County from the Village of Islamorada that site plan approval has been achieved. c Any other requirement by the Village of Islamorada not initially anticipated may be requested by the County at an additional fee. B. COUNTY'S RESPONSIBILITIES If required, County to provide site survey,topographic survey, and geotechnical testing. County to begin preparing a Unity-of-Title as required by the Village of Islamorada. C: PAYMENTS Payments for Professional Services for the scope of work above shall be a lump sum fee of Fifty Seven Thousand Five Hundred Dollars and No Cents($57,500.00) including all travel and reproduction costs. Invoicing shall be monthly by a percentage of completion basis. Any submittal fees for pre-application and site plan approval, as well as any other review applications required, shall be paid for by the County as a reimbursable expense to the Consultant. D: SCHEDULE The Architect shall perform its services as expeditiously as is consistent with professional skill and care and the orderly progress of the work. ni U The reiiia n ng terms of the Agreement for Plantation Key Judicial Court 11ot se and Detent:iom g � -, `'' Facility bated February 18, 2015 not inconsistent herewith, shall remain in full force and effect. � IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the date stated < 0 � > et above. f z � Attest: AMY 11oAVILIN CPA, C . l' BOARD OF COUNTY ® 6COMMISSIONERS OF MONROE � Lr By: COUNTY,FLORIDA °� a- � . r1C17ariala� ARCHITECT/ENGINEER CURRIE SOWARDS AGUILA ARCHITECTS Witness By: W` rlcsspt , ' t Title: fv; .,c:1),,-( 2 Packet Pg.751 AGREEMENT FOR Plantation Key Judicial Court House and Detention Facility This Agreement ("Agreement") made and entered into this 18'" day of February, 2015 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"), c AND 0 U Currie Sowards A uila Architects lne., a Corporation of the State of Florida, whose address is CL 185 NE 4th Avenue Suite 101, Delray Beach. FL 33483 its successors and assigns, hereinafter 2- referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to design and permit the Plantation Key Judicial Court House and Detention Facility Project, that will provide Judicial Courtroom spaces, Detention Facility and Tenant spaces for the Monroe County 16'" Judicial Circuit, Florida State Attorney, Monroe County Drug Courts, Monroe County E Clerk of the Court, Monroe County Sheriffs, State Attorney and Monroe County Facilities Management; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing: concepts, construction drawings and specifications, all documents required to submit for and secure all permits necessary to complete the project and i hold a minimum of three informational hearings with the public and monthly project meetings with the tenants for Plantation Key Judicial Court House and Detention Facility Project, referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of E which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 06 ARTICLE1_ 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and E warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. Page 1 of 34 Packet Pg.752 C.18.b 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The Consultant shall provide an approved schedule for Schematic and Document design Lu Phases. Any deviation from the approved schedule must be approved in writing by Monroe County Project Management Lu U ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION 06 CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written Notice to Proceed from the COUNTY. ca 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its sub- consultants, or both 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement Page 2 of 34 Packet Pg.753 C.18.b shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Doug Sposito Monroe County Project Manager 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 CL For the Consultant: Mr. Jose N. Aguila, AIA Currie Sowards Aguila Architects, Inc. 185 NE 4th Avenue, Suite 101 Delray Beach, FL 33483 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services (Attachment LU C Additional Services). Should the COUNTY require additional services they shall beLU paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. i 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ( See Attachment C) 06 3.3 Additional Services to be considered a part of this Agreement with fees to be negotiated when services are required include: 1. Programming, as defined in Attachment"A" sections 1.1.6-1.1.9 2. Threshold/CEI Inspection plan ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. Page 3 of 34 Packet Pg.754 C.18.b 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. c 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 0 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its sub- consultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ca ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) 06 and other persons employed or utilized by the CONSULTANT in the performance of the contract. 0 U 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the Page 4 of 34 Packet Pg.755 C.18.b required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or actjon on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 0 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 0 ARTICLE VI PERSONNEL 0 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Currie Sowards Aguila Architects Project Architect PGAL Design Consultant W TLC MEP Design ConsultantUJ c� McCarthy & Associates Structural EngineeringLUI Kimley-Horn & Associates Civil Engineering Curtis + Rogers Design Studio Landscape Design ED + A Acoustics So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION �; 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for a percent complete of each phase of the CONSULTANT'S performance of this Agreement based on a schedule of values provided by the Consultant with the Total Not to Exceed an Amount of 7.0% of $12,500,000.00 or Eight Hundred Seventy Five Thousand Dollars and No Cents. An adjustment will be made in Consultant Fee percentage and for actual construction costs at the end of the project based upon the State of Florida Department on Management Services Design Professional Fee Guidelines. 7.2 PAYMENTS Page 5 of 34 Packet Pg.756 C.18.b 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES a. Fees paid for securing approval of authorities having jurisdiction over the project. b. The cost of additional signed and sealed drawings beyond the amount required in Attachment A, if ordered in writing by the County. c. Additional Services not covered in Basic services listed in Attachment C. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each Lu fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. i The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval W of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 0 U 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in Page 6 of 34 Packet Pg.757 coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. c B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $1,000,000 per Occurrence or $1,000,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or sub-consultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of $2,000,000 per occurrence and $4,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain 06 coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. 0 F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its sub-consultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for sub-consultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. Page 7 of 34 Packet Pg.758 I, If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS 0 Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. CL ca 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS 2_ 0 The Drawings, Specifications and other documents prepared by the Consultant for this project are instruments of the Consultant's service for use solely with respect to this project. The Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights. Consultant's Drawings, Specifications and other documents shall not be used by the County or others on other projects, except by agreement in writing. The Consultant's Drawings and Specifications, and other documents, may be used for completion of this project by others. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, ca except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be i subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and CAI any assignee or subcontractor shall comply with all of the provisions of this agreement. a' Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 06 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ca 9.5 TERMINATION m A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. 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. 9.6 CONTRACT DOCUMENTS Page 8 of 34 Packet Pg.759 C.18.b This contract consists of the Request for Qualifications, any addenda, this Agreement, the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments "A", "B", "C", "D" and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES 0 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any sub-consultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub- consultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS 0 CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies Page 9 of 34 Packet Pg.760 together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual CL and customary procedures required by the circuit court of Monroe County. 0 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and W CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Lu 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the 0) enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing 06 party, and shall include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT U The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Page 10 of 34 Packet Pg.761 C.18.b 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS c� COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of CL the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be W required to enter into any arbitration proceedings related to this Agreement. Lu Lu 9.17 NONDISCRIMINATION CONSULTANT 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 on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are 06 not limited to: 1) Title VI 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 the 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 Page 11 of 34 Packet Pg.762 C.18.b (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, 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. 9.18 COVENANT OF NO INTEREST c� CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. CL 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 06 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. The CONSULTANT is required under Chapter 119, Florida Statutes to: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that Page 12 of 34 Packet Pg.763 C.18.b 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. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records c stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. CL 9.22 NON-WAIVER OF IMMUNITY 2_ 0 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this i Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida 0) constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise Page 13 of 34 Packet Pg.764 C.18.b indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or 0. concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS W This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same i instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 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 CONSULTANT 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. The COUNTY and the CONSULTANT 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. Page 14 of 34 Packet Pg.765 C.18.b IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. c� 0 L BOARD OF COUNTY COMMISSIONERS Y HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA CL '� CJ f',b��rY � YH'0.yyyt woe-, By: �` By: ' Deputy Clerk Mayor/C[Z5rma o Date: Fcent / i E (Seal) CONSULTANT Attest: i Witness: By: os } A ila, AIA Title: Principal 06 END OF AGREEMENT 0 MONK E COUNTY ATTOP `" APCV AS TO FO NAT4� ,,T' w CAS'SFL d819TANT COUNTY{krT- RNEY Page 15 of 34 Packet Pg.766 C.18.b ATTACHMENT A Consultant Scope of Services 1.1 SCOPE 1.1.1 Professional services shall include, but not be limited to: Holding and conducting informational hearings with the public and relevant agencies, holding monthly progress meetings with the tenants and Monroe County Engineering staff. Preparation and completion of the design Program (See 1.1.6-1.1.9) for conceptual site plan, parking, vehicular access, space requirements and relationships, schematic design, acoustical court room design, ADA c compatible design for interiors and exteriors, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and onsite observations during construction, process shop CIL drawings, recommend approval of contractor invoices, preparation of all construction documents required to submit for and secure all permits necessary to complete the, zoning applications, public presentations and presentations to the County Commission. ca 1.1.2 The purpose of the Consultants professional observations shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such observations, the CONSULTANT shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each-observation, the CONSULTANT shall submit a written report of such observation, together with any appropriate comments or recommendations to the Owner. 1.1.3 The design shall include, but shall not necessarily be limited to, plans and specifications Lu which describe all systems, elements, details, components, materials, equipment, and other Lu information necessary to bid the project. The design shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. 1.1.4 The design will provide site boundary selection and definition within the survey provided by Monroe County, Judicial Court Room spaces, and Detention Facility and Tenant spaces for: Monroe County 16t" Judicial Circuit, Florida State Attorney, Monroe County Drug Courts, 06 Monroe County Clerk of the Court, and Monroe County Sheriffs, State Attorney and Monroe County Facilities Management. 0 1.1.5 The building will meet or exceed Florida Green Building Coalition (FGBC) standards and meet requirements for minimum certification by the FGBC. 1.1.6 Beginning with the Pre-Design phase and continuing until the project as-built's are complete; the Consultant with input from the Tenants and Monroe County Project Management shall develop and periodically update an Owner's Project Requirements (OPR) document and a Basis of Design (BOD) document. These two documents together shall constitute the Program and provide a complete description of the project's design intent. They may be submitted for Owner's review as two separate sections of one design intent document. Page 16 of 34 Packet Pg.767 C.18.b The OPR is an inclusive, detailed description of Monroe County and its Tenants goals and requirements for the project, and Monroe County's expectations on how the project will be used and operated. The BOD is an inclusive, detailed description of the Design Team's concepts, assumptions, calculations, decisions, product selections and operating conditions to meet the Owner's project requirements and to satisfy applicable codes, standards and guidelines. It shall be formatted to coordinate with and respond to the OPR. c� These two documents will be benchmarks by which the completeness, adequacy and acceptability of the project will be judged. They will be the standards by which the project will be commissioned. They will answer Owner questions after occupancy, and they will be the c foundation for maintenance programs and future renovation projects. CL 1.1.7 The OPR shall include at least the following information: a. Summary description of the building (functions of building, high or low rise, use and occupancy classifications, anticipated hours of operation, etc.). b. Project goals, assumptions, and known limitations. c. Building and site accessibility, architectural, landscaping and aesthetics goals. d. Building and site flexibility and expandability requirements (spare capacities, hurricane survivability, reliability, redundancy, back-up power and utilities, etc.). e. Operational assumptions (maximum occupancy on a room-by-room and aggregate basis), occupancy schedules, special activities, building diversity, potential future uses, potential future renovations, etc.). f. Building envelope performance criteria. g. Environmental and sustainability goals. LU h. Energy and water conservation goals. LU i. Indoor services and technology requirements (Detention and Court Room classifications, i environmental room conditions, furniture, communications, data, security, card access control, audio/visual, acoustical etc.). j. Space-by-space design requirements (temperature, humidity, air change rates, room pressurization, sound level limits, light levels, glare limits, vibration criteria, EMF shielding, etc.). k. Space-by-space equipment heat/cool loads and utility needs (water, gases, power, data, grounding, security etc.). 06 I. Anticipated types, classifications, and quantities of hazardous materials to be contained within the building. m. Architectural, mechanical and electrical systems operation and maintenance expectations. n. HVAC, lighting and audio/visual controls expectations. o. Summary of sole-sourced systems and equipment. p. Summary of Owner-furnished and Owner-installed equipment. q. Occupant and Maintenance training requirements. r. Project schedule. s. Project budget. Monroe County Project Manager will determine whether budget information should be included in the OPR or provided separately. Page 17 of 34 Packet Pg.768 C.18.b 1.1.8 The BOD shall include at least the following information: a. Project background required to understand the design, including goals, requirements and decisions which significantly affect the design. b. Regulatory, site, schedule and budget limitations which affect the design. c. Codes, standards and guidelines applicable to the project. d. Code analysis describing code requirements specific to the project, e.g. Detention security systems, ADA accessibility, special fire protection requirements, etc. e. Requirements of governing agencies (City, State, Monroe County, etc.). f. Climate, site, and utilities information. c g. Architectural, mechanical and electrical systems descriptions (construction classifications, design loads, fire separations, base and spare capacities, redundancy, flexibility, back-up power, sub-metering, etc.). h. Outdoor summer and hurricane design conditions. CL i. Design assumptions (occupancy schedules, temperature, humidity, air change rates, room pressurization, sound level limits, light levels, glare limits, vibration criteria, EMF shielding, heat loads, water, gases, power, data, grounding, hazardous materials being stored, etc. for spaces not indicated in the OPR. j. Systems and equipment sequences of operation. k. Load calculations descriptions, including assumptions, software used, etc. I. Architectural, mechanical and electrical systems operation and maintenance requirements. m. Existing Court House Facility Assessment Report list marked to indicate tasks included (if any) in the project. n. Appendices • Documentation of Energy and Water Conservation • Energy Impact Statement • Soils and utility services reports. • Building load calculations. • Systems and equipment sizing calculations. • Light level and watts/square foot calculations. • Effluent, dispersion, noise, vibration, and other studies. 1.1.9 Development and Updating Develop the OPR and BOD by expanding the project's program and design concept report. 06 Update them as the project goals and requirements are defined and clarified. Submit them at the end of the Schematic Design, Design Development and Construction Document phases along with the other Design Deliverables. Submit a final BOD after Project Award and after incorporation of the bid alternates. Each update shall incorporate new and revised project information including: • Progress in project design. • Changes in project goals. • Changes in project scope. • Code interpretations. • Input from Tenants, Construction Managers and Contractors. • Input from Monroe County Facilities Maintenance, Department of Public Safety, FDOT, etc. • Architectural, mechanical and electrical design coordination meetings. • Value engineering sessions. Page 18 of 34 Packet Pg.769 w C.18.b • Test reports on existing conditions. • Design calculations. • Equipment selections. • The final power system short circuit, protective device coordination and arc flash hazard study including the electronic data file for long term updating by the Owner. • Energy and water conservation calculations and modeling. • Sound, effluent, dispersion, CFD, vibration, and other Acoustic studies. • Bid Alternates and Owner's Options. • A list of all design deviations from Monroe County Project Management Design c requirements. • A list of all uncompleted Facility Assessment Report items (if any) within the project boundary. CL - 2.1 DEFINITION OF BASIC SERVICES 2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal architectural, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, E equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, Z, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. i 2.1.3 The CONSULTANT will hold monthly Progress meetings in Key West for the duration of the contract, unless otherwise agreed to in writing by Monroe County Engineering, and take meeting notes. Copies of these notes will be provided to the County in a timely manner. 2.1.4 If Construction costs exceed the CONSULTANT estimate by more than 10% the CONSULTANT will revise all drawing and specifications at no additional charge to the County. E 2.2 SCHEMATIC DESIGN PHASE06 2.2.1 The CONSULTANT shall review the Program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and each of the tenants and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment, spaces, sustainable systems, and method of Project delivery. 2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. Page 19 of 34 Packet Pg.770 C.18.b 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the CONSULTANT shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. c� 2.2.6 After completion of the 25% Schematic Design Phase the CONSULTANT will hold an informational meeting with the public explaining the conceptual site layout and design progress, answer questions and address concerns. 2.2.7 After completion of the 75% Schematic Design Phase the CONSULTANT will hold an informational meeting with the public explaining the final conceptual site layout and design progress, answer questions and address concerns. 2.2.8 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County's Project Management Department's information. 2.2.9 The Schematic Design must be approved in writing, by the Owner prior to CONSULTANT continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS Lu Lu 2.3.1 The Schematic Design Phase services shall respond to program requirements and i consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the Owner's written approval. The CONSULTANT shall perform the following design phase tasks: 06 a. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. C. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of Page 20 of 34 Packet Pg.771 C.18.b conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d, Technology Systems Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic IT materials, systems and equipment, analyses, and development of conceptual design solutions for audio distribution, video/data, a/v case work security system devices, cable trays and in-floor distribution systems c e. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on-site utility systems, off-site Utilities work, CL fire protection systems, drainage systems, sewage treatment, and paving. f. Acoustical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: volumes of spaces; dimensions; location of spaces and their adjacencies; structural concerns; mechanical equipment locations and guidelines; and a brief outline of major partition types, special floor or ceiling assemblies, area requirements for variable acoustic elements, identification of need and budget for court room enclosure, and other items that may affect the budget in an extraordinary way. a schematic audio systems description and an installed-systems cost estimate for various options. g. The Consultant will hold two informational meetings with the public explaining the Lu conceptual site layout and design progress, answer questions and address concerns. 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the CONSULTANT shall prepare Design Development Documents for the Project Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that 06 establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and CONSULTANT, the CONSULTANT shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the design development phase. Page 21 of 34 Packet Pg.772 C.18.b 2.4.4 Hold Public information hearing on final site and floor design development. 2.4.5 The Design Development Documents must be approved in writing, by the Owner prior to CONSULTANT continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the CONSULTANT must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 0 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition b. Structural grid or system C. Major mechanical/electrical systems determined and their requirements reflected and indicated on plans d. Indicate buildings core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated f. Courtroom to Detention center pathways for prisoner transfer g. Floor, slab, and level elevations h.. Typical door types i. Typical partition types j. Acoustical penetrations, adjustable systems, layout of court rooms k. Built-in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner") I. Larger scale (e.g., %"). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. I, Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full-height facades including roof structures b. All fenestration 06 C. Overall vertical building and floor heights d. Indicate cross-reference points with sections e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., 3/"). Dominate full-height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment b. Typical wall construction Page 22 of 34 Packet Pg.773 C.18.b C. Back-up structure, abutting floor systems d. Window location and insulation methods e. Flashing, masonry coursings f. Mechanical penetrations impact (furring, etc.) g. Parapet design 2.5.4 Details - Large scale (1-1/2", 3") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb/head, plan section c b. Hollow metal (typical only; keyed to plans and schedules) C. Frame types (typical only; for compatibility and profile) d.. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing CL f. Interior partition types (typical only; keyed to plans and schedules) g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations -Typical and special spaces, interfaced with, and cross- referenced to, floor and reflected ceiling plans. Indicate: a. Breaks b. Level changes C. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts b. Soffits, coves, furrings C. Skylight locations d. Ceiling materials e. Acoustic treatments f. Heating and ventilating register, diffuser locations g. Sprinklers h. Access panels 2.5.7 Schedules - Schedules to be non-repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes b. Doors and frames E C. Preliminary hardware d. Windows/glazing e. Acoustic Elements 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. rage 23 of 34 Packet Pg.774 C.18.b 2.5.9 Preliminary Estimate of Construction Cost -Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural/engineering drawings b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other d. Non-typical framing scheme where required: lobby, floors at grade, and other e. All column points established f. Final column schedule g. Preliminary details and sections to adequately indicate structural system h. Preliminary details of major unique conditions that impact on scheme (as determined by the CONSULTANT) i. Details indicating accommodation with mechanical/electrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical/Electrical Design Development Set a. Typical floor plans. Systems representation in diagrammatic (non-detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. W b. Required punctures: wall, slab, and beam Lu C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater Lu spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning and air-handling equipment, packaged units, etc. d. Locations of major roof-air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as 06 determined by the CONSULTANT) f. Data to be developed in conjunction and in coordination with the project team: 0 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 3. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 4. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan--building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. Page 24 of 34 Packet Pg.775 C.18.b b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points e. Indicate areaways, vaults, access to sub-grade spaces f. Preliminary site and exterior building lighting scheme with identification of fixture types g. Parking area defined with preliminary plotting h. Indication of paths, stairs, ramps, berms, terraces, etc. i. Location of secure staff parking c j. Location and pathways for prisoner loading and transfer k. Plant materials (indication and preliminary schedule) Ij. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others M. Design development specifications n. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Acoustical Design Development Sets 1. Room Acoustics a. Determine adjustable/permanent acoustic material and locations b. Discuss room finish options c. Provide layouts for Court rooms 2. Sound Isolation a. Provide partition details b. Provide acoustic door, window, floating floors, wall and ceiling details c. Provide intersection details 3. Noise and Vibration control LU a. Review mechanical duct and pipe distribution and sizes LU b. Provide penetration details c. Address potential Problematic Reflections and Echoes in all courtrooms by ascertaining the time gap between multiple sound arrivals is below 30 milliseconds and Achieving a measured Speech Transmission Index (STI/RASTI) of good to excellent. d. All Courtroom Acoustical environments shall have a measured reverberation time in the 1.0 to 0.7 second range (at an averaged mid band between 500 and 1,000 hertz). 06 4. Audio Systems a. Provide preliminary locations, models and sizes of audio system speakers b. Provide preliminary locations, models and sizes of directional microphones c. Refine audio systems budget 2.5.14 Technology Systems Development Sets. E (Do not duplicate technology components on to the electrical drawings place only on the technology drawings. For example, electrical conduit for voice/data cabling should not be shown on the electrical drawings.) 1. Equipment a. Show all audio distribution and video/data/polycomm projection equipment b. Show all a/v casework, schedules, mounting heights, and riser details c. Show all security system devices. Coordinate closely with architectural door/frame and hardware Page 25 of 34 Packet Pg.776 e C.18.b d. Security access control risers, panels and controller equipment e. Sound masking and intercom/paging risers, panels and controller equipment f. Details including terminations, equipment elevations and typicals g. Location of all devices and outlets (voice, data, fax, modem) h. For each drop there should be at least two ethernet connections (preferably four). i. Intermediate Distribution Frames, Main Distribution Frames. j. Data rooms on each floor with fiber between them k. Provide Lighting Protection c� 2. Pathways a. Technology pathways, including cable trays, in-floor distribution systems, etc. b. Telecommunications voice and data risers c. Show all racks, patch panels and layouts d. Diagrammatic IT/communications/security plans e. Provide Spare conduits with pull strings f. Fiber runs from existing buildings 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe County's Project Management Department, Construction Documents consisting of Drawings and Specifications W setting forth in detail the requirements for the construction of the project. 2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and the i Monroe County's Project Management Department's review. i 2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall provide Construction Documents for the Owner's and Monroe County's Project Management Department's approval. Once approved the CONSULTANT shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved 06 electronically in Adobe Acrobat file (.PDF) format. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The CONSULTANT shall assist the Owner and Monroe County's Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the CONSULTANT will conform the construction documents in such manner to receive permits Page 26 of 34 Packet Pg.777 upon such plans. Work required from the CONSULTANT to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The CONSULTANT, following the Owner's approval of the Construction Documents and the CONSULTANT's latest estimate of Construction Cost, shall assist the Monroe County's Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The CONSULTANT shall assist the Monroe County's Project Management Department in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The CONSULTANT, with the assistance of the Monroe County's Project Management 0. Department, shall respond to questions from bidders, and shall issue addenda. 2.7.3 The CONSULTANT shall, on behalf of the Owner, provide all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The CONSULTANT's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including W the submission of all project close-out documents by the CONSULTANT and Contractor. The CONSULTANT will administer the Owner/Contractor contract as provided for in that document. The CONSULTANT agrees to perform a project check prior to the end of the warranty period as i a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The CONSULTANT shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The CONSULTANT shall, as contemplated herein and in the Construction Contract, but06 not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the CONSULTANT or Monroe County's Project Management Department r. 2.8.4 Upon receipt, the CONSULTANT shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the CONSULTANT may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the CONSULTANT to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or Page 27 of 34 Packet Pg.778 if necessary, as revised, the CONSULTANT shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The CONSULTANT shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 2.8.5 The CONSULTANT shall carefully observe the work of the Contractor and shall, at a minimum, observe the work at the Project site twice every month. The purpose of such observations shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such observations, the CONSULTANT c shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each observation, the CONSULTANT shall submit a written report of such observation, together with any appropriate comments or recommendations to the Owner. CL 2_ 0 2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon observations of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the CONSULTANT reliably informs the Owner that the CONSULTANT has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the CONSULTANT has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The CONSULTANT shall have authority, after notification to the Monroe County's Project Management Department to reject Work, which does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable for implementation of the intent of the Contract Documents the CONSULTANT will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The CONSULTANT shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while allowing sufficient time in the CONSULTANT's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems Page 28 of 34 Packet Pg.779 C.18.b designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The CONSULTANT's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences, or procedures. The CONSULTANT's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the CONSULTANT shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. CONSULTANT shall take appropriate action on submittals within 14 calendar days. The CONSULTANT shall maintain a c tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. CL 2.8.10 The CONSULTANT shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County's Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. CONSULTANT shall take appropriate action within 7 calendar days. 2.8.11 The CONSULTANT shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.12 The CONSULTANT shall require inspection or re-inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The CONSULTANT, assisted by the Monroe County's Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final i Completion. The CONSULTANT shall submit to the Owner a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include architectural/engineering, structural, mechanical, and electrical engineering portions of the work. The CONSULTANT shall forward to the Monroe County's Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The CONSULTANT shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The CONSULTANT shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The CONSULTANT's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The CONSULTANT shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. Page 29 of 34 Packet Pg.780 C.18.b 2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not be restricted, modified or extended without written agreement of the Owner and CONSULTANT. 2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 0 2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.20 The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The CONSULTANT shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The CONSULTANT shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The CONSULTANT shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the CONSULTANT shall make available to the Owner any personnel or consultants employed or retained by the CONSULTANT for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the CONSULTANT, unless otherwise prevented by counsel of the CONSULTANT and which time it would be subject to subpoena. For other claims against the Owner, the CONSULTANT will do this under an expert witness with compensation. 2.8.22 The CONSULTANT shall review any as-built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 06 2.8.23 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its consultants, or both. 2.8.24 The CONSULTANT must reimburse the Owner for an increase in the cost of labor or materials necessary to correct the error, or cost of necessary retrofitting that would not have been part of the original design costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the CONSULTANT, its consultants, or both. This increased expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. Page 30 of 34 Packet Pg.781 C.18.b 2.9 Commissioning 2.9.1 The objective of the Commissioning process is to provide documented confirmation that a project's mechanical, electrical, and plumbing (MEP), security and life safety systems when constructed, realize planned performance benchmarks, address Florida Green Building Coalition and Florida Building Code requirements and that Monroe County Facilities Maintenance staff are reasonably prepared to operate and maintain its systems and equipment so as to continue to realize the anticipated performance. c� 2.9.2 The CONSULTANT shall assure the COUNTY through Equipment and Systems Commissioning that all equipment and systems performance achieves facility performance requirements as set out in the CONSULTANT'S design. The Equipment and Systems Commissioning shall be accomplished through a process of verification and documentation, from the post-award design phase to Occupancy. 0 2.9.3 The CONSULTANT shall work with Monroe County Project Management during the pre- design phase to define the project performance expectations and document Project performance and Commissioning goals. 2.9.4 The CONSULTANT shall develop Commissioning requirements suitable for use in the Project Specifications. 2.9.6 The CONSULTANT shall submit with its final design documents, a severable Equipment and Systems Commissioning Approach document that utilizes data and factors derived from the design, needed to achieve facility performance requirements. 2.9.7 The CONSULTANT shall provide a Commissioning Plan that finalizes the Commissioning Approach and addresses each Equipment and System installation with specific steps that will be taken during the commissioning process. 2.9.8 The CONSULTANT shall submit a Commissioning Report documenting the Equipment and Systems affect upon facility performance requirements in accordance with the Commissioning Plan. c Page 31 of 34 Packet Pg.782 ATTACHMENT B Architects Hourly Rates CALENDAR YEAR 2015 ARCHITECTURE: F Principal $195.00 Project Architect $170.00 Project Manager $150.00 CL TECHNICIANS: 2- 0 Cadd Tech I $95.00 Cadd Tech II $75.00 OFFICE SUPORT: E Office Support Staff $45.00 06 i 0 Page 32 of 34 Packet Pg.783 C.18.b ATTACHEMENT C Additional Services & Expenses The following services are considered Additional to Basic Services and are not included within the basic fee: 1. Feasibility Studies/Analysis 2. Facility Programming 3. Master Planning 4. Soils Investigations/Reports 5. Surveys a. Topographic/Boundary b. Vegetation/Improvements/Utilities 6. Measured Drawings of Existing Facilities 7. Existing Facilities Analysis 8. Toxic Substance Mitigation Surveys and Consultation CL 9. Site Environmental Assessments 2- 10. Site DRI, PUD, Site Plan Review and/or Zoning Modifications 11. Traffic Analysis and Traffic Signal Warrant Studies 12. Civil Engineering Design including Paving/Grading/Utilities/Drainage/Storm water Management/Environmental &All Site Permitting 13. Existing Site Utility Infrastructure Improvements 14. Site Lighting Design 15. Landscape Architectural & Irrigation Design E 16. Specialty Consultants a. Voice/Data Communications; Electronic/Audio Visual; Food Service Equipment; Hazardous Material; Hospital/Laboratory; Interior Design; Indoor Air Quality; Quality Control; Theater/Acoustical; Security 17. LEED Consultation i 18. Graphic and Signage Design 19. Special Code Reviews including ACHA i 20. Detailed Cost Estimates 21. Documents Prepared For: a. Alternate Bids Exceeding Contract Scope b. Excessive Change Orders c. Multiple Construction Contracts 06 d. Record Documents/As-Builts 22. Prolonged Construction Contract Administration Services 23. Structural Threshold Inspections 24. Project Representation During Construction beyond Bi-Monthly Administration 25. Additional Construction Contract Administration Services for Multiple Contracts 26. Building Commissioning and Training Services 27. Post Occupancy Inspections/ Evaluations 28. Renderings/ Models 29. Substantive Changes to Scope, Size or Complexity 30. Owner Requested Changes to Approved Documents Page 33 of 34 Packet Pg.784 C.18.b ATACHEMENT D Project Design Schedule TBD F c� 0 0 CJ CL 2- 0 CJ 06 CJ I tJ I r U 0 tJ U Page 34 of 34 Packet Pg.785 .............................................................. ED Task Name Durawn SEAG Jun'16 Jra'16 Aug'16 Sep'16 Oct'16 Nov'16 bec'113 J I CONTRACT 34 days Won 152229 5 121926 3 10172431 7 142128 4 111825 2 9 162330.6 1320271:4 1118251 2 CONTRACT NEGOTIATIONS 13 days Wed 3 BOCC APPROVAL 1 day Wed 4 No"NCE TO PROCEED 1 day Ma 5 PROGRAMMING 60 days TEA 6 REVIEW OWNER PROVIDED PROJECT REQUIREMENTS 5 days Td 7 ATTEND KICK-OFF MEETING KW 1 day Wed 8 PREPARE PRELIMINARY MEETING REPORT 5 days Thu 9 DELIVER PRELIMINARY REPORT 1 day Thu 10 OWNER REVIEW 5 days Fri 11 FOLLOW-UP OWNER MEETING KW I day We U) 12 UPDATE PRELIMINARY MEETING REPORT 5 days Mo M 0 13 DELIVER PRELIMINARY REPORT 1 day Fri 14 OWNER REVIEW 5 days Mon, 15 PUBLIC MEETING PK 1 day Tue 0 16 PREPARATION OF 1ST CONCEPTUAL DESIGN 11 days Th� 17 PUBLIC MEETING KW-PRESENT DESIGN AND PROGRAM 1 day Wed 18 FINALIZE PROGRAM AND CONCEPTUAL DESIGN 7 days Thu CL 19 DELIVER FOR APPROVAL&ACCEPTANCE 1 day Morl 0 20 SITE PLAN APPROVAL-ISLAMORADA 194 days Tue 21 PREAPPLICATION MEETING 1 day Tue U) 22 PREPARATION OF SUBMITTAL DOGS(BEGIN SD) 60 days Mon 23 INTAKE-ISLAMORADA P&Z 1 day Mod 24 STAFF REVIEW COMMENTS 24 days Tual 25 RESPONSE TIME 10 days Mori I 26 STAFF SECOND REVIEW 11 days Mori E 27 ATTEND DRC I day Tue 28 DRC REPORT TO DIRECTOR 16 days Wed 0) 29 DIRECTOR APPROVAL IF DRC APPROVES 16 days Thul E 30 CITIZENRY OBJECTION PERIOD 22 days F 31 FINAL NON-OBJECTION APPROVAL I day Tu 32 OWNER APPROVAL TO PROCEED 1 day F CD 33 SCHEMATIC DESIGN 100 days Mon 34 BEGIN SCHEMATIC DESIGN 1 day Mork 35 COMPLETE SCHEMATIC DESIGN DOCS 30 days Fri U.] 36 OWNER REVIEW AND COMMENT 10 days Fri x U.] 37 SUBMIT FINAL SCHEMATIC DESIGN 1 day Fri 38 DESIGN DEVELOPMENT 72 days Mon' U) 39 BEGIN DESIGN DEVELOPMENT DOGS 45 days Mon 40 SUBMIT DESIGN DEVELOPMENT DOCS 1 day Mon' 41 OWNER REVIEW AND COMMENT 20 days Tue' 42 COMPLETE DESIGN DEVELOPMENT DOCS 20 days Tue' 43 SUBMIT FINAL DESIGN DEVELOPMENT DOCS 1 day Tue 44 CONSTRUCTION DOCUMENTS 123 days Mori UUUv 0) 45 65%REVIEW DOCUMENTS 65 days Mon E 46 OWNER REVIEW 17 days M011110 < 47 95%REVIEW DOCUMENTS 06 35 days Ma s W3 48 OWNER REVIEW 17 days Ma 6/6+—]— 6/28 49 100%DOCUMEN"rs&COORDINATION 18 days Mon 643 7f8cu 50 BID AND PERMIT 96 days Fri C: 51 RFP 26 days Fri 7/15 W19 0 52 BOCC AWARD 1 day Tue 53 CONTRACT NEGOTIATIONS 22 days Wed 8124 i 9[22 C: 54 FULL EXECUTION 19 days FrI 9/23 b101119 0) 55 CONTRACTOR NTP 27 days Thu� E 10/20 50 CONSTRUCTION BEGINS 400 DAYS 1 day Mon 12/5 U Project:CONTRACT ATTACHMENT D Task PrOgr� Group By Summary Wy—IEJ; Date:Wed 1/28/15 Critical Task vim, MaIesl Deadline I Packet Pg. 786 Client#:1049229 CURRISOW It DATE IMM10O YYYYI ACORD. CERTIFICATE OF LIABILITY INSURANCE310212015 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 INSURERJSjl AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:It the certificate:holder Is an ADDITIONAL iNSURED,the poll y(losi must be andomed.it 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 endoDmont(s), - HE LISI Insurance Services,LLC, Hal B, ,813 321-7500 -_ AIG N@ 1715 N.Westshore Blvd.Suite 700 �I Tampa,FL 33607 _ INSURER AFf{7 WNG COVERAGE _ _ NAM r _ INSURE A,MSA insurance Company 11066 .� INSURED INSURER 0:Travelers Casualty&Surety Co 19038 Currie Sowards Aguila Architects Inc INSURER c, L Specialty"insurance Company . 37885 O 185 NE 4th Ave INSURER D Suite 101 - INSURER a: �E�.-.�. _ ' O Delray Beach,FL 33483 INSURER F:: COVERAGES --- CERTIFICATE NUMBER* REVISION NIJMf3ER:_ _ THIS IS TO CERTIFY THAT THE, POLICIES OF INSURANCE LISTED BELOYaI JAVESEENISSUED TOT�IE INSURED NAhIEDAI30VE FOR THE POLIC'II�ERIC}I7 � INDICATED NOTWITHSTANDING ANY REOUIREMFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS A HAVE BEEN REDUCED BY PAID CLAIMS L. ITS SHOWN Y A EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. yy � IINSR --. ,e4Dffik4.`3UI3P.� _._ POLSCf"P F Ptl�.1CY pp LIMITS TYPE OF INSURANCE ADO I RII POLICY N E648E R IA1MJ13 ^IYI (MM1IDkIYYYY,, A GENERAL LIABILITY 8 147120'1 11 1 15 F,.Ac- OCCURRENCE11 s1 000 000 X:COR9IAERCfA_GENERAL LIA61LITY ' ENTEL3 I ,,, , $500A0 CLAM-;,MADE X OCCUR M1IF$3 3I�PtA ona7a f s5,000 as PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE A'_ _0,0 GEWLAGGREGAI'ELIM€'G'AlsPU53PER PRODUCTS-CO PIOPAGG s-2,01 poocY' k s"" S LOO - u�ro LaAIILITY ' r _.-... Irs ' um T A X BPG98835 811712014 t1712015 ,�w $10000,000 CD ANY AUTO BODILY INJURY(Per perion S a ALL OWNED SCHEDULED BODILY INJURY(Peraccidenll S to AUTOS ...,ASJTI7,a NONt1TIED RI'7P F17Y E7 "+F r 9 --. ... X J�IREDAUTOS AUTOS Iaar aL�dna l U) UMBRELLA UAB OCCUR ' EXCESS LIAR CLAIMS-MADE ` < CTi _DIED "RETENTION y%tSTATU OTH. r® ORKERSOYERE NSATI N 3 it 112 1 `0110112016 TC�IL I- tN AND UAW Y I la ANY PR PRiEr iiii�Al��'i CMT Y.ECUTIVE LAW EL EACHr C7L Cd1 $1® ' 00 @F[CElM4EMi k I FXCL€LyE€3 `�t. NIA (Mandatory in NH) E L DISEASE.F,4 l s�$ YEE [1 a Q0 fl. 0) tI .da<3LT5CJe unds'a - E L alsEASE<POLICY LIMIT s1,000,0t10' 0 CRIPTIONOFOPERATIONSlolow ,--_.__. C Professional BINDER11232453 02127120157121 2, r claim Liability 2, 0 , ni r. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mole epsca Is requlredl Professional Liability coverage Is written on a claims-made basis. O U RE:Plantation Key Judicial Courthouse&Detention Facility;Professional Liability includes Specific Project Excess with limits$0 per claiml$2,000,000 aggregate thereby increasing total policy limits to $2,000,000 per claiml$4,000,000 aggregate for the referenced project.Monroe County is an additional insured with respect to General Liability and Auto Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION _ - Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS, Room 2-216 - -- Key West,FL 33040 AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION.All rights reserved. ACORD 25 J2010106) 1 of 1 The ACORD name and logo are registered marks of ACORD #S145366761M14536529 KEBEW Packet Pg.787 EIGHTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PLANTATION KEY JUDICIAL COURTHOUSE AND DETENTION FACILITY Eighth This Seven Amendment to the Agreement for Professional Services dated February 18, 2015, (the "Agreement") is made and entered this 20" day of November, 2019, between Monroe County ("County") and Currie Sowards Aguila Architects, Inc. ("Consultant"), in order to amend the c Agreement, as First Amended on May 20, 2015, Second Amended on October 21, 2015, Third Amended on May 17, 2017, Fourth Amended on January 17, 2018, as Fifth Amended on May 16, 2018, as Sixth Amended on February 20,2019, and as Seventh Amended on June 19,2019 as follows: 0 WHEREAS, on February 18,2015,the parties entered into an Agreement for professional services to design and permit the Plantation Key Judicial Courthouse and Detention Facility("Project"); and WHEREAS, on May 20, 2015,the parties agreed to a First Amendment to the Agreement increasing Consultant's scope of work to undergo a site plan review and approval process,which is a requirement for the Village of Islamorada; and WHEREAS, on October 21, 2015, the parties agreed to a Second Amendment to the Agreement to provide a schedule of values for compensation that includes the Schematic Design, Design Development, Construction Documents, Bidding and Permitting, and Construction Administration phases; and i WHEREAS, on May 17,2017,the parties agreed to a Third Amendment to the Agreement to provide sub-consultant services for Civil Engineering, Landscape and Irrigation design, Voice/Data/AV and Security, Acoustics, Sustainable Design and Cost Estimating and to include public records provision revisions in compliance with section 119.071 Florida Statues; and 06 WHEREAS, on January 17, 2018, the parties agreed to a Fourth Amendment to the Agreement to provide sub-consu-ltant services for the Interior Design and Building Commissioning and Training Services as identified in Attachment C of the Agreement, and with the Florida Department of Management Services Design Professional Guidelines; and WHEREAS, on May 16, 2018,the parties agreed to a Fifth Amendment to the Agreement to provide the Services of an Architectural Historian to verify the historic significance of the existing Spottswood building's eligibility to be registered as a Historic place; and WHEREAS, on February 20, 2019, the parties agreed to a Sixth Amendment to the Agreement to provide site investigation,utility coordination and phasing coordination with existing structures on the Project; and Eighth Amendment to Agreement with CSA for PK Courthouse Page 1 of 4 Packet Pg.788 C.18.b WHEREAS, on June 19, 2019, the parties agreed to a Seventh Amendment to the Agreement to increase the Consultant fee for services due to the increase in the project scope and construction budget; and WHEREAS, during the pre-construction walk-through of the property it was determined that there was a discrepancy in the elevations on the survey that the County had procured; and WHEREAS, the drawings and specifications completed by the Consultant in 2018 had used the incorrect survey as a basis for their design;and 0 WHEREAS,the County now needs the Consultant to update the design drawings and specifications CL with corrected elevation information as determined by a corrected survey. 0 NOW THEREFORE IN CONSIDERATION of the mutual promises obtained herein, the parties hereby agree that the original Agreement shall be amended as follows: 1. In accordance with Article III, Exhibit C, of the Agreement, Consultant shall engage the services of sub-consultants to provide all necessary actions, coordination and deliverables in order to correct the civil design and construction documents to reflect the newly corrected survey. • Task 1: Gradine RevisionsLU c, Kimley-Horn shall regrade necessary portions of the proposed site with the updated LU existing elevations,tie-in points as well as the updated finished floor elevation required by the updated drainage calculations. i • Task 2: Drainaee Calculations and Design Revisions Kimley-Horn shall update the drainage design to reflect the updated site grading.Revised drainage calculations and a report will be prepared for permitting applications. 06 • Task 3: Utility Desien Revisions 2 Kimley-Horn shall update the utility design to reflect the updated site grading. • Task 4: Civil Construction Document Revisions Kimley-Horn will revise the Civil Construction Documents to reflect the updated survey provided and the necessary design changes.Revised plan sheets are to include: 1. Demolition Plan 2. Erosion Control Plan 3. Paving,Grading,&Drainage Plan 4. Paving,Grading,&Drainage Cross Sections 5. Water&Sewer Plan 6. Water&Sewer Profiles Eighth Amendment to Agreement with CSA for PK Courthouse Page 2 of 4 Packet Pg.789 The effort for this task includes one (1) submittal of the revised Civil Construction Documents. The effort for this task includes addressing one(1)round of ordinary and reasonable comments for the submittal. Subsequent modifications resulting from significant site layout changes or additional review comments directed by the Client or Owner shall be considered and additional service. • Task 5: Permitting Updates Kimley-Horn will prepare permit modification applications with supporting documents to permits affected by the revised survey. Kimley-Horn will address up to two(2)rounds of comments by the regulatory agencies. Any plan revisions or comments that are required due to a significant design change by the Client,Client's consultants,or Owner shall result CL in additional services. The following permit modifications are anticipated: 2- 0 o South Florida Water Management District(SFWMD) o Environmental Resource Permit 2. Pursuant to section 7.3 of the Agreement, the County shall pay the Consultant monthly in current funds for a percent complete of the sub-consultants performance of the additional services stated herein for the total lump sum of Twelve Thousand Dollars and 00/100 ($12,000.00). The remaining terms of the Agreement and as Amended,not inconsistent herewith,shall remain in full W force and effect. Lu Lu c, i i [SIGNATURE PAGE TO FOLLOW] 06 0 CJ Eighth Amendment to Agreement with CSA for PK Courthouse Page 3 of 4 Packet Pg.790 C.18.b WHEREOF,:,the parties:hereto have executed this Eighth:Amendment on the date a e. cution by the Consultant must be by a.person.wiflti authority to bind the Consultant. l h BOARD OF:COUNTY COMMISSIONERS po _ dok,Clerk OF'MONROE CO TY ORIDA : Deputy : . . ayo C �rperson o Date: CL : 0 A7T PINEY ARCHITECT/ENGINEER CURRIE ED. SOW'AR S U1LA ARCHITECTS;INC. ca PEDRO .:IMEF1CiM . . ASSI EY By: . oete Titled.v- , .�:r W C_ P . �. Date: d� 'YZI 7A I R r STATE.OF f-LDKIDA.. ,.COUNTY. .F l:tlY1 = 14Gl On this 'LZ day of QGTD�IZ ; 2019,:before me the undersigned notary public,:personally X appeared f�lat�Rift .:knci n to me to be the person whose name'is subscribed above i or who produced as identification, and acknowledged that he/she is the person who executed the.above contract with.Monroe County for the. Eighth Amendment to the: Agreement for. Prof, ssionaI Services :Between Owner and. Consultant for the purpo$es_therein .:contained. • Notary Pu is Print Name IJ t My commission expires: I I LZ.O/2Z (Sea]) AENNIF6tINNITLEY t1) '` = Carunission#.GG 263458 . . . Eoms Novmn*20,2022 ",•;�;°•' BaidedllwTiorWn6autnce800, 7018 E LU d x. O. Eighth Amendment to Agreement with CSA for.PK Courthouse: Page 4 of.4 . . Packet Pg.791 •