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3rd Amendment 09/20/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 5, 2023 TO: Cary Knight, Director Project Management Breanne Erickson, Contract/Budget Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: September 20, 2023 BOCC Meeting The following items have been executed and added to the record: C27 3rd Amendment in the amount of$175,645.00 to the Contract with Bender& Associates to provide A&E services for the HMGP Wind Retrofit project. This amendment adds roof-replacement design to the scope of work for the Ellis Building and the Marathon Government Center. Funding provided by FDEM-HMGP grant(75%) and Local Match (25%). County portion will be paid by one cent infrastructure sales surtax. C33 Agreement with Musco Sports Lighting, LLC as a sole source provider in the amount of$327,500.00 for the installation of new sports lighting to extend and add onto the existing lighting at the Big Pine Community Park. This project is funded by District II Impact Fees and the American Rescue Plan. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS BETWEEN MONROE COUNTY AND BENDER&ASSOCIATES ARCHITECTS, P.A. This Third Amendment to the Agreement for Professional Architectural and Engineering Services dated August 17,2022, ("Agreement")is made and entered into this 20th day of September 2023, by and between Monroe County ("County") and Bender & Associates Architects, P.A. ("Consultant"), in order to amend the Agreement as follows: WHEREAS, the parties entered into an Agreement on August 17, 2022, for the Consultant to provide professional architectural and engineering services for the facility assessment and design of wind-retrofits at 10 County buildings ("Project"); and WHEREAS,the parties executed a First Amendment to the Agreement on March 22,2023,to add additional services including Demolition and Patching for Investigative Testing and to revise the Cost Estimating Services; and WHEREAS, the parties executed a Second Amendment to the Agreement on March 22, 2023, to add additional services for storm hardening of the Clock Tower and the Historic Monroe County Courthouse in Key West; and WHEREAS, the County desires to amend the Agreement to add additional services for replacing the roofs of the Ellis Building and the Marathon Government Center. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Article III of the Agreement, Consultant shall provide design through permitting for replacing the roofs of the Ellis Building and the Marathon Government Center at an additional cost of $175,645.00. Services and deliverables shall include the following for the two buildings added: a. Building Assessment Indicating Current Wind Design Speed and 30% Schematic Design b. 60% Design Development c. 90% Construction Documents d. 100% Construction Documents e. Permitting 2. Pursuant to Article VII, Section 7.1.1 thereof,the Agreement is amended to reflect the new Total Not-To-Exceed Amount of One Million Five Hundred Eighty-Three Thousand Two Hundred Twenty and No Cents ($1,583,220.00). 1 3. Pursuant to Article VII, Section 7.1.1 of the Agreement, Attachment C is revised to read: Task Amount 1 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $498,303.00 SPEED AND 30% SCHEMATIC DESIGN 2 60% DESIGN DEVELOPMENT $194,689.00 3 90% CONSTRUCTION DOCUMENTS $273,340.00 4 100% CONSTRUCTION DOCUMENTS $99,547.00 5 PERMITTING $66,328.00 6 DEMOLITION AND PATCHING FOR INVESTIGATIVE TESTING $57,120.00 7 COST ESTIMATING SERVICES $95,479.00 8 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $18,480.00 SPEED AND 30% SCHEMATIC DESIGN FOR THE COURTHOUSE TOWER 9 60% DESIGN DEVELOPMENT FOR THE COURTHOUSE TOWER $40,985.00 10 TASK 3: 90% CONSTRUCTION DOCUMENTS FOR THE $44,741.00 COURTHOUSE TOWER 11 TASK 4: 100% CONSTRUCTION DOCUMENTS FOR THE $4,320.00 COURTHOUSE TOWER 12 TASK 5: PERMITTING FOR THE COURTHOUSE TOWER $4,093.00 13 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $39,764.00 SPEED AND 30% SCHEMATIC DESIGN FOR THE ELLIS BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 14 60% DESIGN DEVELOPMENT FOR THE ELLIS BUILDING $32,452.00 ROOFING AND MARATHON GOVT CENTER ROOFING 15 TASK 3: 90% CONSTRUCTION DOCUMENTS FOR THE ELLIS $54,781.00 BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 16 TASK 4: 100% CONSTRUCTION DOCUMENTS FOR THE ELLIS $20,880.00 BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 17 TASK 5: PERMITTING FOR THE ELLIS BUILDING ROOFING AND $27,768.00 MARATHON GOVT CENTER ROOFING REIMBURSABLE EXPENSES (FOR ALL TASKS) $10,150.00 TOTAL $1,583,220.00 The remaining terms of the Agreement not inconsistent herewith remain in full force and effect. 2 IN WITNESS WHEREOF, each party has caused this Third Amendment to be executed by its ,, =. ;1fy.authorized representative. ry`a4 i ; e.Q47- ` ' I - c 1-il \A►\ BOARD OF COUNTY COMMISSIONERS , . --yin Madok, Clerk OF MONROE COUNTY, FLORIDA am q ,. /11 - ��fi 4,r<��P� .�W j 1i 1 a 'A A By• A� _..--ter►' '"'Q1NYtl Or A s Deputy lerk ' a 4 Date V'Za) 2_02 3 MONROE COUNTY ATrORNEY'S OFFICE APPROVED AS TO FORM (--7.--- i _...., „st. . _" S$STANT COUNTY ATTORNEY DATE: 8-30-2023 �..,'��OF F(��• CONSULTANT'S Witnesses Attest: CONSULTANT: BENDER& ���re/ v ASSOCIATES A `"HITE 'FS, c:A. �A.„.4gr Consultant must provide two witnesses ;0c, .�c,�• signatures Signature: �,, a'' `;�0 i or ---. .. Signature: _ Print Name: Day. Salay Print Name: Title: Architect, Partner and Signature: Print Name: n p us , c. ;*� _ 3 ACoR" CERTIFICATE OF LIABILITY INSURANCE 702(MMIDD/Y/08/2OYY)Y 23 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Erinn E Collinsworth Collinsworth Ins & Risk Mgmt Services In PHONE FAX P.O. Box 661628 A/C No Ext: (786) 930-4795 A/C ,No: (786) 930-4794 E-MAIL Miami Springs FL 33266 ADDRESS: erinn@collinsworthinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: The Phoenix Insurance Company 25623 INSURED (305) 296-1347 INSURER B: Travelers Cas & Surety Co 19038 Bender & Associates Architects, P.A. INSURERC: Travelers Property Casualty of 25674 410 Angela Street INSURER D: Liberty Insurance Underwriters 19917 Key West FL 33040 INSURER E7 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 17645 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE IX I OCCUR Y 660-8178X318 02/10/2023 02/10/2024 1 R E M SEE SOEaoN. ,D.nce $ 1,000,000 MED EXP(Any one person) $ 51000 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JJECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 p, ANY AUTO Y 660-8178X318 02/10/2023 02/10/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ C X UMBRELLA LIAB X OCCUR CUP-4K489840 02/10/2023 02/10/2024 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y/N UB-OK197735 02/10/2023 02/10/2024 X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F_N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 11000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Professional Liability AEXNYAB62TB003 02/10/2023 02/10/2024 Each Claim $ 2,000,000 Claims Made Basis Policy Aggregate $ 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) If required by written contract, Monroe County Board of County Commissioners is an additional insured, excluding professional services, on the General & Auto Liability. 16 BY- 71 ` E.,, 2�14 2 3 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners Attn: Project Manager 1100 Simonton St., AUTHORIZED REPRESENTATIVE Roo KeymWest6FL 33040 V vJh,�i( ` ©1988-2015 ACORD CORPORATION. All rights reserved. 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