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County Administrator's Report 10. 25.

BCC Regular Meeting

Budget & Finance Consent

Meeting Date:	01/10/2019
Issue: Contract Amendment for Design for Kingsfield Road Extension
From:	Paul Nobles
Department:	Asst County Administrator
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Amendment of Agreement for Design for Kingsfield Road Extension - Paul Nobles, Purchasing Manager, Office of Purchasing

That the Board approve and authorize the County Administrator to sign the Amendment of Agreement for Professional Consulting Services between Escambia County, Florida and Mott MacDonald Florida, LLC, for PD 10-11.061, Design for Kingsfield Road Extension, amending the Agreement approved by the Board on November 17, 2011, as follows:

WHEREAS, pursuant to paragraphs 2.1 and 5.1 of the Agreement, the County agreed to budget funds in the amount of $292,853.65 equaling 30% of the total Project cost (Phase 1) and reserve the right to proceed with the remaining 70% of the Project (Phase 2) subject to an appropriation of funding and approval by the Board of County Commissioners; and

WHEREAS, the County is now prepared to appropriate the necessary funds and approve proceeding with the remaining 70% of the Project (Phase 2) as provided herein; and

            WHEREAS, the Board of County Commissioners finds it in the best interest of the health, safety and welfare of the citizens of Escambia County that the Agreement should be amended as provided herein.

            NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants hereinafter set forth, the Parties agree to amend the Agreement as follows:

1.         The foregoing recitals are true and correct and incorporated herein by reference.

2.         Exhibit C to the Agreement is hereby replaced, in part, with the attached amended fee schedule detailing remaining tasks to be performed by the Consultant as Phase 2 of the Project. Services to be performed under the Agreement as Phase 2 for the completion of the Project shall not exceed the cost of $703,053.00.

3.         Paragraph 9.3(b) is amended as follows:

(b) The Consultant acknowledges that this Agreement and any related financial records, audits, reports, plans correspondence, and other documents may be subject to disclosure to members of the public pursuant to Chapter 119, Florida Statutes. Consultant shall maintain all such public records and, upon request, provide a copy of the requested records or allow the records to be inspected within a reasonable time. Consultant shall also ensure that any public records that are exempt or exempt and confidential from disclosure are not disclosed except as authorized by law. Upon the expiration or termination of the Agreement, Consultant agrees to maintain all public records for a minimum period of five (5) fiscal years in accordance with the applicable records retention schedules established by the Florida Department of State. In the event the Consultant fails to abide by the provisions of Chapter 119, Florida Statutes, the County may, without prejudice to any other right or remedy and after giving the Consultant and its surety, if any, seven (7) days written notice, during which period the Consultant still fails to allow access to such documents, terminate the employment of Consultant. In such case, the Consultant shall not be entitled to receive any further payment. Reasonable terminal expenses incurred by the County may be deducted from any payments left owing the Consultant (excluding monies owed the Consultant for subcontractor work).

IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

Escambia County
Office of the County Administrator
221 Palafox Place, Suite 420
Pensacola, Florida 32502
(850) 595-4947

[Funding: Fund 352, LOST III, Cost Center 210107, Object Code 56301, Project #11EN1405]

BACKGROUND:

Request for Letters of Interest, PD 10-11.061, Desing Services for Kingsfield Road Extension were publicly noticed on Monday, June 27, 2011 to 128 known firms. Responses were received from 8 firms on Tuesday, July 12, 2011.

November 17, 2011, the Board awarded a Lump Sum Contract to Hatch Mott MacDonald Florida, LLC, per PD 10-11.061, Design Services for Kingsfield Road Extension, in the amount of $292,853.65, equaling 30% of the Project cost, and reserve the right to proceed with the remaining 70% of the Project, subject to an appropriation of funding and approval by the Board of County Commissioners (Funding: Fund 352, "Local Option Sales Tax III," Cost Center 210107, Object Code 565301, Project Number 11EN1405).

November 2, 2017, the Board directed staff to negotiate the remaining tasks on this contract with Mott MacDonald Florida, LLC (formerly Hatch Mott MacDonald, LLC), based on the reduced limits of construction, and to move forward with the design phase for the Kingsfield Road extension; estimated cost for design is $750,000 (Funding Source: Fund 352, Local Option Sales Tax III, Cost Center 210107, Object Code 56301, Project #11EN1405).

BUDGETARY IMPACT:

Fund 352 LOST III, Cost Center 210107, Object Code 56301, Project #11EN1405

LEGAL CONSIDERATIONS/SIGN-OFF:

Amendment of Agreement prepared by Senior County Attorney, Kristin Hual.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

This recommendation is in compliance with the Code of Ordinances of Escambia County, FL 1999,Chapter 46, Finance, Article II, Purchases and Contracts and Florida Statute 287.055, Competitive Consultants Negotiation Act.

IMPLEMENTATION/COORDINATION:

The Office of Purchasing will issue the Amendment of Agreement and Purchase Order.

Attachments
Amendment of Agreement