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HomeMy WebLinkAboutOrder No. 20-013 - Addendum No. 4 to Agreement with Hoar Program Management (04-13-20) Re-Recording to Attach Revised Addendum No. 4 ORDER NO. 20-013 rn�r)' AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REGARDING ADDENDUM NO. 4 TO AGREEMENT WITH HOAR PROGRAM MANAGEMENT WHEREAS, the St. Lucie County Administrator has made the following s g g Z rn r determinations: g sp W T 1. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of Local Emergency COVID-19 Public Health Emergency ("St. Lucie County 2 o n Declaration of Emergency"); and 00 2. The findings in the St. Lucie County Declaration of Emergency are m 0,;`o n mVA incorporated herein; and o, c �w�n3 3. On March 16, 2020, President Donald J. Trump and the Centers for Disease °'n A 2 8 m00�� Control and Prevention ('CDC") issued the "15 Days to Slow the Spread" guidance advising mo X individuals to adopt far-reaching social distancing measures, such as avoiding gatherings ;^' ° (ji o m of more than 10 people, and in states with evidence of community spread, recommending g restrictions to certain establishments conducive to mass gatherings and congregations; o 0 and ° o c 4. On March 29, 2020, the President extended such guidance to be in effect until April 30, 2020; and 5. On March 24, 2020, the Governor of the State of Florida issued Executive Order No. 20-83 directing the State Surgeon General and State Health Officer to issue a public health advisory to all persons over 65 years of age and persons that have serious underlying medical conditions that place them at high risk of severe illness from COVID- 19 urging them to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19; and 6. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida further directed the State Surgeon General and the State Health Officer to issue a public health advisory providing that individuals should cease all social or recreational 1 ORDER NO. 20-013 �u0AIn� mII-> AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REGARDING 0ou? O-r,2 ADDENDUM NO. 4 TO AGREEMENT WITH HOAR PROGRAM MANAGEMENT z A I C m M30 WHEREAS, the St. Lucie County Administrator has made the following o � a mN �r m determinations: o ;, w O 1. On March 17, 2020, the St. Lucie County Public Safety Director declared a o Q 0 State of Local Emergency COVID-19 Public Health Emergency ("St. Lucie County o X n Declaration of Emergency"); and 2. The findings in the St. Lucie County Declaration of Emergency are incorporated herein; and 3. On March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ('CDC") issued the "15 Days to Slow the Spread" guidance advising individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and 4. On March 29, 2020, the President extended such guidance to be in effect until April 30, 2020; and 5. On March 24, 2020, the Governor of the State of Florida issued Executive Order No. 20-83 directing the State Surgeon General and State Health Officer to issue a public health advisory to all persons over 65 years of age and persons that have serious underlying medical conditions that place them at high risk of severe illness from COVID- 19 urging them to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19; and 6. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida further directed the State Surgeon General and the State Health Officer to issue a public health advisory providing that individuals should cease all social or recreational 1 gatherings of 10 or more people; and 7. On March 25, 2020, the State Surgeon General issued a Public Health Advisory consistent with Executive Order 20-83; and 8. On March 25, 2020, the President of the United States declared that a major disaster exists in the State of Florida as a result of COVID-19; and 9. On April 1, 2020, the Governor of the State of Florida issued Executive Order 20-91 directing senior citizens, individuals with a significant underlying medical condition, and persons engaging in nonessential services or activities to stay at home. 10. The County advertised a Request for Qualifications (RFQ 16-049) seeking Development Manager/Program Manager Consulting Services relating to the Design, Development, Renovation and Construction of the St. Lucie County Sports Complex. The County selected Hoar Program Management ("HPM") and on February 7, 2017, entered into a Contract for Development Manager/Program Manager Consulting Services with HPM. On February 20, 2018, the County approved Addendum No. 1 to the February 7, 2017 Contract with HPM providing for additional design management and cost validation services. On April 2, 2019 the County approved Addendum No. 2 to the Contract with HPM. On February 4, 2020, the County approved Addendum No. 3 to the Contract with HPM. As the Construction of the Project enters its final phase, County staff believes that it is in the County's best interest to provide a part time Senior Field Coordinator from HPM for the month of April 2020 through March 30, 2021, or until the end of the one- year warranty period to ensure quality in construction. Attached is a copy of a proposed Addendum No. 4. The proposed cost for the part time inspector is $39,520.00. 11. Due to Executive Order 20-91, the Board has cancelled all public meetings through April 30, 2020. The next Board meeting is May 19, 2020. 12. The County needs to proceed with Addendum No. 4 immediately and before the Board's May 19, 2020 meeting. 2 13. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the County Administrator may take all actions necessary and appropriate to protect human life and prosperity, to the extent necessary to accommodate the emergency; and NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: 1. The determinations, orders, and declarations identified above are incorporated herein. 2. 1 hereby authorize the County Administrator or designee to sign Addendum No. 4 with HPM as reviewed and approved by the County Attorney. 3. This Order, as set out above, shall be placed on the agenda of the next Board of County Commissioners meeting for purposes of review and ratification Severability. Any provision(s) within this Order that conflict(s) with any State or Federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently -issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Order, with the remainder of the Order remaining intact and in full force and effect. This Order is effective as of 8:00 a.m. on day of April 2020. This Order will expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Order. Prior resolutions and emergency orders remain in force and effect unless modified or superseded. This Order shall be filed in the Office of the Clerk of the Circuit Court. Signed this day of t` i 2020 at ,40 (a: (p.m.) H ar ipton 3 ADDENDUM NO. 4 TO THE AGREEMENT DATED FEBRUARY 7, 2017 BETWEEN ST. LUCIE COUNTY AND HOAR PROGRAM MANAGEMENT Project: RFQ No. 16-049 Development Manager / Program Manager Consulting Services Relating to the Design, Development, and Renovation of the St. Lucie County Sports Complex THIS ADDENDUM is effective for the month of April 2020, by and between ST. LUCIE COUNTY ("County"), and HOAR PROGRAM MANAGEMENT ("Consultant'). WITNESSETH: WHEREAS, by Agreement dated February 7, 2017, County and Consultant entered into an agreement for Consultant to provide Development Manager / Program Manager Consulting Services for the above -referenced project; and WHEREAS, under the Agreement, Consultant agreed to perform such additional services for the County as are contained in any additional scope of work established by the County in any addendum to the Agreement and accepted in writing by the Consultant; and WHEREAS, on February 20, 2018, this Board approved Addendum No. 1 to the Agreement, providing for additional design management and cost validation services, and for construction management and closeout; and WHEREAS, on April 2, 2019, this Board approved Addendum No. 2 to the Agreement, for extended services during the Contractor's preconstruction phase to develop the Guaranteed Maximum Price Proposal; and WHEREAS, on February 4, 2020, this Board approved Addendum No. 3 to the Agreement, for extended services during the Contractor's preconstruction phase to develop the Guaranteed Maximum Price Proposal; and WHEREAS, the County additionally recommends a part-time Senior Field Coordinator on -site every work day from April 1, 2020 through March 30, 2021, or until the end of the one-year warranty period; and Addendum No. 4 to Agreement dated February 7, 2017 Page 1 of 2 WHEREAS, Consultant has submitted a lump sum proposal for a part-time Senior Field Coordinator for the period of April 1, 2020 through March 30, 2021, or until the end of the one-year warranty period, for the amount of $39,520.00 inclusive of all costs and fees (see Exhibit "A" Proposal); and WHEREAS, the County and Consultant desire to enter into this Addendum to the Agreement to provide compensation for such additional services rendered by the Consultant under the terms of said Agreement, during the period of April 1, 2020 through March 30, 2021, or until the end of the one-year warranty period. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the County and Consultant do hereby agree as follows- 1 . Consultant shall be paid the additional amount of $39,520.00 for a part-time Senior Field Coordinator during the period of April 1, 2020 through March 30, 2021, or until the end of the one-year warranty period; whichever is later, billed in accordance with the terms of the Base Agreement: Part -Time, On -Site Senior Field Coordinator $39,520.00 2. Except as expressly modified in this Addendum, the Agreement and all prior Addenda will remain in full force and effect. IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives, have executed this Addendum as of the day and year first above written. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS To FORM AND CORRECTNESS: COUNTY ATTORNEY HOAR PROGRAM MANAGEMENT (1) BY: PRINT NAME: JASON ABERNATHY Addendum No. 4 to Agreement dated February 7, 2017 Page 2 of 2 EXHIBIT A TO ADDENDUM NO. 4 HOAR PROGRAM MANAGEMENT Tampa, FL 03/25/2020 Mr. Ed Matthews Director of Parks and Rec St. Lucie County, FL Re: Proposal Letter - Additional Services — Warranty Management Resource Ed, Thank you for allowing Hoar Program Management (HPM) the opportunity to partner with St. Lucie County on the renovation of the Mets Spring Training Facility. We have truly enjoyed the opportunity to support you and your team through all phases of this project. As we have now reached Substantial Completion and move into the Post Construction phase, and knowing that the County now adopts the maintenance of the facility, we want to be sure that your staff does not get overburdened by any warranty claims and more importantly that you do not expend County funds on repairs that have the ability to be covered under the GC warranty that has already been purchased. You and I have discussed that the maintenance of this facility is a critical, and monumental task, HPM can help ensure that you and your staff are not expending unwarranted efforts and funds for this endeavor. We propose to make Andy Favata available to the County on a limited basis for the duration of the warranty period to assist you in this effort. The scope of work that we propose includes, but is not limited to: • Preparation and leadership in a Warranty Period kick off meeting to include production of policy and procedures manual. • As necessary, weekly reviews via email and/or teleconferencing for new request submissions with recommendations and assignment of accountability • Coordination and leadership of a pre -warranty expiration walkthrough with relevant parties to ensure that all known items have been recorded and / or completed (forecast for December 2020 or January 2021) • Preparation of a site inspection report from this walk and formal transmission to the GC. • Monitoring and follow up of open items. The HPM service period for this resource would be April 1, 2020 through March 30, 2021. We anticipate Andy to expend approximately 4 hours per week on average for 52 weeks. Basing our rate on a 10% manpower effort from HPM's 2020 bill rate for a Project Manager of $190 / hour x 208 hours = $39,520 estimated. The actual manhours invested over the course of a year towards this scope is subject to many variables. We will monitor our time investment closely and if we forecast to exceed these number of hours or dollar value, we will notify the County prior to attaining that threshold and we will come to a mutual agreement on a path forward at that time. HPM sees great value in this opportunity to continue our service to, and relationship with, St. Lucie County, and we hope that you do as well. I look forward to discussing this with you at our earliest possible convenience. If you are agreeable to this proposal, I understand that Robert Alfert, acting as the County's Outside Counsel, will prepare and submit a contract amendment to us for final execution. Thanks, �(_ev Alan Butler Birmingham / Charlotte / Dallas / Houston / Huntsville / Mobile / Tampa