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Item C16
COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 y Craig Cates,District 1 James K. Scholl,District 3 � « Holly Merrill Raschein,District 5 Regular Meeting January 28, 2026 Agenda Item Number: C16 26-0232 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: N/A STAFF CONTACT: William DeSantis AGENDA ITEM WORDING: Approval of a First Amendment to the Task Order with Bender and Associates Architects, P.A. in the amount of$9,790.00 for the Jefferson Browne Courthouse Building Demolition. This project is funded by the One Cent Infrastructure Sales Tax (Fund 304). ITEM BACKGROUND: The Jefferson B. Browne (JBB) Courthouse Building, built in 1965, and the attached Judge Lopez Building, built in 1984, are both deteriorating and in need of demolition. The chiller serving Jackson Square and a communication tower are both located on top of the JBB and must be relocated prior to demolition. A Request for Qualifications (RFQ) for the redevelopment of the JBB including demolition, installation of a temporary chiller, and design of a new mechanical services building for the permanent chiller system was issued in 2022 and an Agreement with Bender&Associates Architects,the only respondent to the RFQ, was approved by the BOCC in March 2023. Pre-demolition Phase I environmental assessments, including lead paint and asbestos, along with partial schematic design were completed as of September 2024. However, the project was put on hold at the end of fiscal year 2024 due to a lack of funding. The JBB condition is worsening, and demolition has become a high priority for the County. The original Task Order with Bender & Associates included a Phase II Environmental Site Assessment, which was recommended in the Phase I report. During the Phase II Environmental Site Assessment, soil samples were discovered to have arsenic concentrations exceeding the Florida Department of Environmental Protection's (FDEP) Soil Cleanup Target Level. This discovery necessitates additional sampling to determine the extent of impact and a plan for removal during demolition of the buildings. This First Amendment includes the services of a Subconsultant for the Expanded Phase II Environmental Site Assessment which will collect additional soil samples to determine the extent of the impacted soils and also provide for a Soil Management Plan (SMP) which will provide a summary of findings and a protocol for the General Contractor to follow for soil handling during demolition activities. The SMP is a requirement by FDEP for construction and demolition activities at known contaminated sites. PREVIOUS RELEVANT BOCC ACTION: 3/2/23 - BOCC approved an Agreement with Bender& Associates for the Facility Assessment and Design of the Jefferson Browne Courthouse Redevelopment project. 10/15/25 —BOCC approved a Task Order w/Bender& Associates for A/E services for the demolition of the JBB building INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Adds Expanded Phase 2 Environmental Site Assessment and Soil Management Plan(SMP) to scope of work. STAFF RECOMMENDATION: Approval of First Amendment DOCUMENTATION: FINANCIAL IMPACT: Original Task Order: $123,580.00 First Amendment: $9,790.00 Total Dollar Value of Contract: $133,370.00 Total Cost to County: $133,370.00 Budgeted: Yes Source of Funds: 304-24005 C 16. Approval of a First Amendment to the Task Order with Bender and Associates Architects, P.A. in the amount of$9,790.00 for the Jefferson Browne Courthouse Building Demolition. This project is funded by the One Cent Infrastructure Sales Tax(Fund 304). FIRST AMENDMENT TO THE TASK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND BENDER& ASSOCIATES ARCHITECTS, P.A. FOR THE JEFFERSON BROWNE COURTHOUSE DEMOLITION In accordance with the Agreement for Professional Architectural and Engineering Services, made and entered into on January 18, 2023, between MONROE COUNTY, ("County") and BENDER & ASSOCIATES ARCHITECTS, P.A., ("Consultant"), where professional services are allowed if construction costs do not exceed $7,725,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00 ("Agreement"), as provided in Subsection 287.055(2)(g),Florida Statutes, as amended by Section 2,Chapter 2024-204,Laws of Florida, pursuant to which Recital No. 2 and Attachment A, Subsection 1.01 of the Contract is hereby modified, the parties enter into this First Amendment to the Task Order("First Amendment"). All terms and conditions of the Agreement apply to this First Amendment, unless this First Amendment amends, adds, or modifies a provision or an Article of the Agreement, in which case, the provision or Article will be specifically referenced in this First Amendment and the amendment, addition, or modification will be precisely described. This First Amendment to the Task Order is effective on the 28'day of January 2026. WHEREAS, the Jefferson Browne Courthouse Building, constructed in 1965, and the attached Judge Lopez Building, constructed in 1984,are both located at Jackson Square and are deteriorating and in need of demolition; and WHEREAS,the parties executed a Task Order on October 15,2025,whereby the Consultant is to provide design services for the demolition of the buildings; and WHEREAS, during the Phase II Environmental Site Assessment, soil samples were discovered to have arsenic concentrations exceeding the Florida Department of Environmental Protection's (FDEP) Soil Cleanup Target Level necessitating additional sampling to determine the extent of impact and a plan for removal during demolition of the buildings. NOW,THEREFORE,in consideration of the mutual promises and covenants set forth below,the parties agree as follows: 1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Professional Architectural and Engineering Services Agreement, the Consultant will provide architectural and engineering services via the services of a Subconsultant for the Expanded Phase II Environmental Site Assessment. The Scope of Work shall include the following: • Expanded Phase II Environmental Site Assessment: Includes collection of additional soil samples in the immediate area of SB-8 in an attempt to provide adequate delineation information to conduct a small source removal of the impacted soils which exceed the Page 1 of 2 Florida Department of Environmental Protection's (FDEP) Soil Cleanup Target Level— Commercial Use (SCTL-C) Soil Management Plan (SMP): Includes a summary of findings and a protocol for the General Contractor to follow for soil handling during demolition activities. The SMP will include additional recommendations, requirements and/or plans for dust controls, erosion controls, and air monitoring. The SMP is a requirement by F DEP for construction and demolition activities at known contaminated sites. 2. In accordance with Article VII, Subparagraph 7.1.1 of the Agreement, the County shall pay the Consultant a lump sum total of Nine-Thousand, Seven-Hundred, Ninety and 00/100 Dollars ($9,790.00) paid on a percent complete basis for the following phases: 10 Expanded Phase II Environmental Site Assessment-$3,740.00 lump sum upon receipt of documentation and approval by the Director of Facilities and Project Management. 10 Soil Management Plan (SHIP) - $6,050.00 lump sum upon receipt of documentation and approval by the Director of Facilities and Project Management. The total lump sum amount of this Task Order including this First Amendment is One Hundred Thirty- Three Thousand, Three-Hundred Seventy and 00/100 ($133,3 70.00). All other Terms and Conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, each party caused this First Amendment to the Task Order to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA y: Bye As Deputy Clerk Mayor/Chairman MONFlaE COUNTY ATTORNEYS CFFFCE Date: APPROVED AS TO FORM �z DATE: CONSULTANT: Consultant's Witness Attest: BENDER& ASSOCIATES ARCHITECTS,P.A. B y 4� By . Printed Name: 6V,4S6dPrinted Name:, 5&,Ny Title: Title: A044 g�J,. ?A fAhEP.,,- Page 2of2 TASK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND BENDER& ASSOCIATES ARCHITECTS, P.A. FOR THE JEFFERSON BROWNE COURTHOUSE DEMOLITION In accordance with the Agreement for Professional Architectural and Engineering Services, made and entered into on January 18, 2023, between MONROE COUNTY, ("County") and BENDER & ASSOCIATES ARCHITECTS, P.A., ("Consultant"), where professional services are allowed if construction costs do not exceed $7,500,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00 ("Agreement"), as provided in Subsection 287.055(2)(g), Florida Statutes, as amended by Section 2, Chapter 2024-204, Laves of Florida,pursuant to which Recital No. 2 and Attachment A, Subsection 1.01 of the Contract is hereby modified, the parties enter into this Task Order("Task Order"). All terms and conditions of the Agreement apply to this Task Order,unless this Task Order amends,adds, or modifies a provision or an Article of the Agreement, in which case, the provision or Article will be specifically referenced in this Task Order and the amendment, addition, or modification will be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the 15"day of October 2025. WHEREAS,the Jefferson Browne Courthouse Building, constructed in 1965,and the attached Judge Lopez Building, constructed in 1984, are both located at Jackson Square and are deteriorating and in need of demolition; and WHEREAS, lead paint and asbestos surveys and a Phase I Environmental Site Assessment have already been completed on the property; and WHEREAS, the Consultant has agreed to provide the services needed to complete the demolition proj ect. NOW,THEREFORE,in consideration of the mutual promises and covenants set forth below,the parties agree as follows: 1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Professional Architectural and Engineering Services Agreement, the Consultant will provide architectural and engineering services to facilitate the demolition of the Jefferson Browne Courthouse Building and Judge Lopez Building. The Scope of Work shall include the following: * Field measurement verification of existing buildings. * Phase II Environmental Site Assessment of the buildings and site. * A set of construction drawings and technical specifications for completion of the work. Page 1 of 2 • Permitting assistance, including the submittal of documents to the State of Florida Division of Historical Resources and the City of Ivey west. ■ Bidding Support services including pre-bid meetings and addenda. • Construction Administration services including jobsite meetings, responses to Requests for Information(RFIs), Pay Applications review,and closeout documents. 2. In accordance with Article VII, Paragraph 7.1.1 of the Agreement, the County shall pay the Consultant a lump sum total of One Hundred,Twenty-Three Thousand,Five Hundred,Eighty and 001100 Dollars($123,580.00)paid on a percent complete basis for the following phases: CD < C: �. Phase 1: Environmental Survey, Schematic Design - $3 7,074.00 lump sum upon receipt of documentation and approval by the Director of Project Management. Phase 2: Construction Documents-$49 432.00 lump on receipt CD CDi;--- y P sum u t of documentation P P � and approval by the Director of Project Management. LL Phase 3: Bidding Phase -- $12,358.00 lump sum upon completion of bid process and L`� cmapproval by the Director of Project Management. _ + Phase 4: Construction Administration-$24,716.00 lump sum upon completion of project N P P P P J and approval by the Director of Project Management. s and Conditions of the Agreement remain unchanged and in full force and effect. 22 r HEREOF, each party caused this Task Order to be executed by its duly authorized n r t ti A BOARD OF COUNTY COMMISSIONERS Attest: EVIN MADOK,Clerk ONROE C0 Y L rT B • As 6eputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEYS OFFICE O APPROVED AS TO FORM Date: j PH DINOVE) •� -,.r TAM COUNTYATTORNEY DATE: 4-2 3-202 5 ._._.�.. CONSULTANT: Consultant's witness Attest: BENDER VASS07' IATES ARCHITECTS,P.A. By: - By: ` Printed Name: QrLqAJ4W0% Printed Name: J L-;A%4L0 sA.t,Ay Title: Title: Pi9oTaC-1L, AACi4 11'GC - Page2of2 ACC'`" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/12/2025 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: caitlyn@collinsworthinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: The Phoenix Insurance Company 25623 INSURED INSURER B: Travelers Cas & Surety Co 19038 Bender & Associates Architects, P.A. INSURER C: Travelers Property Casualty of 25674 410 Angela Street INSURER D:RLI Insurance Co. 13056 Key West FL 33040 INSURER E: (305) 296-1347 INSURER F: COVERAGES CD CERTIFICATE NUMBER:Cert ID 18756 (36) 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 MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE FX_1OCCUR Y 660-817BX318 02/10/2025 02/10/2026 PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYF�] PEC LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 Ea accident A ANY AUTO Y 660-8178X318 02/10/2025 02/10/2026 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 02/10/2025 02/10/2026 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ PER B AND EMPLOYERS'LIABILITY Y/N WORKERS COMPENSATION UB-OK197735 02/10/2025 02/10/2026 X STATUTE EORH ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? IN N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1 0 0 0 0 0 0 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liability RDP0057373 02/10/2025 02/10/2026 Each Claim $ 2,000,000 Claims Made Basis Policy Aggregate $ 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be 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. AP �. 18.25 DAT 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 Room 2 216 b Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. 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