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1st Addendum 08/15/2007 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 27. 2007 TO: Dave Koppel. County Engineer Engineering Division Pamela G. Hanc/uJv Deputy Clerk 0 FROM: At the August 15, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Addendum to Agreement to retroactively extend the Agreement between Monroe County and URS for wastewater system evaluation in order that final invoices for the Agreement can be rightfully paid. Addendum to Agreement to retroactively extend the Agreement between Monroe County and URS for an independent engineering evaluation and final planning for the South Stock Island sewer system in order that final invoices associated with the Agreement can be rightfully paid. Enclosed is a copy of each of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: Courtty Attorney Finance File/ ADDENDUM TO AGREEMENT THIS ADDENDUM to Agreement entered this /~ay of ~ ,2007, by and between the Board of County Commissioners of Monroe County, Florida (hereinafter "County"), and URS Corporation Southern (hereinafter "URS"). WHEREAS, County, through the County Administrator and URS entered into an agreement dated February 18, 2004; and WHEREAS, said agreement provided for an independent engineering evaluation and final planning for the South Stock Island sewer system, along with the submittal of a formal engineering report documenting the findings from the engineering evaluation and planning effort; and WHEREAS, URS met with the County Administrator and the County Engineer subsequent to the completion of all work associated with the agreement to discuss additional work effort that was performed in order to properly and fully address all of the issues related to the South Stock Island Sewer System that were not initially anticipated when the original scope for the project was prepared, submitted, and approved by the County; and WHEREAS, the County Engineer prepared and forwarded a letter dated March 11, 2005 (attached) acknowledging URS' additional work effort and offered additional compensation to reimburse URS for that work effort; now, therefore IN C:ONSIDERATION of the promises and covenants below, the parties agree as follows: 1. The Agreement between the County and URS dated February 18, 2004, shall be retroactively amended by extending the completion date to July 31, 2005, in order that final invoices associated with the Agreement can be rightfully paid. 2. As for the additional consideration for work that was performed by URS, County agrees to pay to URS an amount not to exceed $13,743.00, resulting in a total sum of the amended Agreement to be $109,274.00. 3. All other provisions of the February 18, 2004, agreement not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK ByaJl~ l5eputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~)[f~ By Mayor/Chairperson (SEAL) ATTEST: By By (Title) ::l: 0 o -- ~ ~J("")z a z [...,1....... X' o. ,- C.J("")' ,-_.~"......- Date ._~ ---,. ~'..~ ;---; --"I ~,-~ -... '1 .... = = ..... "" c: In N -J ;bo :x s> o N ." . [71 -;:) '-)1 o ::u :'TJ rq n o ::0 Cl Engineering Division 1100 Simonton Street, #2-216 Key West, FL 33040 (--~ ----- BOARD OF COUNTY COMISSIONERS .....~==- Mayor Dixie M. Spehar, District I Mayor Pro Tern Charles "Sonny" McCoy, District 3 George Neugent, District 2 David P. Rice, District 4 Murray E. Nelson. District 5 O'~~ErY ~o~~~E (305)294.4641 March II, 2005 J. David Burgstiner, P.E. Senior Engineer URS Corporation 7650 West Courtney Campbell Causeway Tampa, Florida 33607-1462 Re: South Stock Island Sewer System Evaluation Backup Documentation to ClarifY Request for Additional Compensation URS Project Number 12004423 Dear David: Mr. Willi has asked me to respond to your request for additional compensation for the above- referenced project. Enclosed please find my comments and recommendations. Although we have a differenc:e of opinion on these issues, we are willing to offer some compensation as a negotiated settlement. If you are agreeable, please revise your invoice accordingly. It is our hope that URS continues to work for Monroe County demonstrating the same level of professionalism as in the past. Sincer.ellt ;/ 1,/ . >/ David S. Koppel, P.E. County Engineer DSK/jbw Enclosure c: Thomas J. Willi, County Administrator J;-" Task 1 RESPONSE TO URS REQUEST FOR ADDITIONAL MONEY Evaluate Existing Area A. Extended Project Execution Schedule Additional $3,768 . URS Reason: Three month delay receiving information from County, Additional effort needed to review and update work due to delay. . DSK Response: The contract does not address delays caused by the County. To my knowledge, URS did not notify the County that the delay was causing a financial loss to URS. If that was known, the County would have expedited matters. Further, there was a spirit of cooperation throughout the project between URS and the County so that we extended the project completion time regardless of who caused the delay. . DSK Recommendation: To deny additional funding, B, Database Analysis Procedure Additional $13,711 . URS Reason: Only 26% of records automatically matched. More labor intensive manual match required. URS anticipated FKAA records would coordinate with County's GIS system. . DSK Response: The contract does not indicate how records would be compared. There is no mention of the County having or providing GIS information. If URS assumed that this information existed then the County may want to compromise on this issue due to the extraordinary amount of unexpected work. . DSK Recommendation: To split the cost 50-50. $6,855.50 C. Development of Distribution Maps Additional $6,241 . URS Reason: Extensive number of inaccurate/contradictory parcel boundaries in the County's GIS. . DSK Response: Again, the contract does not mention the use of GIS. Also, the number of discrepancies are not quantified and, therefore, there ;s no way of knowing if the discrepancies are extensive. . DSK Recommendation: To deny additional funding, Task 2 Optimize Existing System D. Additional Sewer System Configuration Additional $12,375 . URS Reason: URS anticipated that two wastewater collection system configurations would be developed. An additional configuration was developed. . DSK Response: The description of work identified in the contract under Task 2 primarily involves the on-site systems of the 19 large properties. Nonetheless, this task does not say that only two configurations would be developed. In Task 3, "... the Consultant will evaluate other alternatives for providing service to the remaining portion of the island." Several systems are mentioned as examples. Mention is made of the possibility of connecting the 19 large properties to the new system. . DSK Recommendation: Negotiate a compromise 50-50 split. $6,187.50 Tasks 4, 5 Summary Report, Third Party Review E. Additional Draft Report Preparation Additional $11,136 . URS Reason: Additional eftort and expense to provide a second draft. . DSK Response: Significant revisions made to the first draft, requiring a second draft. Additional changes were made to the second draft, although to a much lesser extent. . DSK Recommendation: Deny additional funding for work eftort. Allow reimbursement of expenses after submitted backup. SUMMARY OF ADDITIONAL COSTS Requested Recommended Task Description Amount Amount 1 -A Extended Proiect Schedule $3,768.00 $0.00 1 -8 Database Analvsis $13.711.00 $6.855.50 1 -C Develooment of Maps $6.241.00 $0.00 2-D Optimize ExistinQ System $12.375.00 $6,187.50 (wilh 4.!; - E supporting Summary Report. Third Party Review $11,136.00 $700.00 badtup) TOTAL $47,231.00 $13,743.00 2