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10/20/2010 ContractDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: October 29, 2010 TO: Judy Clarke, Engineering Public Works Division FROM: Pamela G. Hanc "ck . C. At October 20, 2010, Board of County Commissioner's meeting, the Board granted approval to ratify the Contract with MBIK2M for surveying and drafting work to support Department of Environmental Protection (DEP) permit application for Boca Chica Road Restoration. The contract was awarded through MBIK2M's Continuing Services Contract. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney, electronically Finance File✓ I CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT/ENGINEER For Surveying and Drafting to Support DEP Permit Application At BOCA CHICA ROAD THIS CONTRACT made as of the ko day of September, 2010, FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT (the "Contract" or "Agreement") is made and entered into by MONROE COUNTY, BOARD OF COUNTY COMMISSIONERS (the "Owner" or "County"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board of County Commissioners ("BOCC"), and MBI K2M Architecture, Inc. (the "Architect") ,whose address is 1001 Whitehead Street, Key West, Florida 33040, its successors and assigns. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the Owner and the Architect/Engineer agree: This contract shall be effective on the date of execution by the last party signatory to the contract. 2. This contract is in accordance to the Continuing Contract as approved by the BOCC on January 20, 2010 where professional services are to be rendered for projects in which the estimated construction costs of each individual project under contract does not exceed Two Million Dollars ($2,000,000.00), or for a study activity if the fee for professional services for each individual study does not exceed Two Hundred Thousand Dollars ($200,000.00). All terms and conditions of the continuing contract approved by the BOCC shall apply to this contract. Modifications to the existing contract consist of the following: 3. The Architect shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the services performed by Architect or other information to which the Architect has had access during the Term of the Continuing Contract without the prior written approval of the County, during the Term of the Continuing Contract and for a period of two years after the termination of the Continuing Contract. Nevertheless, the parties agree the Architect may use and publish the County's name and give a general description of the work provided by the Architect for the purpose of informing other clients and potential clients of the Architect's work experience and qualifications. 4. Should the County receive a request for documents pursuant to Chapter 119, Florida Statutes, Architect shall cooperate with the County to facilitate the County's compliance with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the requirements of Chapter 119 and related statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Architect. Failure by the Architect to cooperate with the County in connection with a Public Records request shall be grounds for immediate unilateral cancellation of the Continuing Contract by the County. 5. Scope of Work: Architect to perform surveying work and drawing modifications as outlined in the Department of Environmental Protection (DEP) Request for Additional Information (RAI), File Number MO-39 AR, which is attached as Exhibit A, for the Boca Chica Road Restoration Project. The Work will support Monroe County's Coastal Construction Control permit application. 6. Services shall include, but not be limited to: Drawing modifications and new surveying as outlined in the Request for Additional Information dated July 19, 2010. The Work includes a maximum of 20 hours of civil modifications and a maximum of 20 hours of project coordination with consultants, FDEP and Monroe County. Communication with Florida Department of Environmental Protection will occur to ensure the revisions being made address FDEP's concerns. 7. The cost for professional services shall be a lump sum of $13,830, billed monthly ending the last day of each month. There shall be no reimbursable expenses associated with this contract. 8. It is not anticipated that mapping of coastal vegetation will be required to provide an acceptable response to the RAI. If FDEP requires vegetation mapping the Architect will include the services of a biologist to document the vegetation. Upon approval by the County, the additional cost for the biologist will be billed as additional expenses, direct cost plus ten percent. 8. All other terms and conditions of this Contract shall comply with the Continuing Contract dated January 26, 2010, which shall be made a part of this contract as if written herein in its entirety. SS WHEREOF, each party caused this Agreement to be executed by its duly authorized ve on the day and year first above written. BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: )uty Clerk yor/Chairman Date: /�?CT 0 2010 WITNESS TO Architect's Signature: By:''bo, S S' nature Print Witness Name �c 71vcc a� �Cz` 76� 911(o/io MBI K2 RC , INC. By: rn na r of Corp Ng�e t Print Name of &orporate Agent Date: MONROE COUNTY ATTORNEY - APPRO ED AS TO FORM--,--`"-, pCHRISTINE M. LIMBERT-BARROWS ASSISTA�yT COUNTY ATTORNEY Date Lt1l(a1 Io EXHIBIT A Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 July 19, 2010 Monroe Board of County Commissioners c/o Clark Briggs, Project Manager 1100 Simonton Street, Room 216 Key West, Florida 33040 Dear Mr. Briggs: Request for Additional Information File Number: MO-39 AR Applicant Name: Monroe County Board of County Commissioners Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary Please be advised that your permit application is considered to be incomplete as provided for by Section 120.60, Florida Statutes, and Rule 6213-33, Florida Administrative Code. Receipt of information listed below is required. The items of information listed below are numbered to correspond with the item numbers on the application form. 5. The name and mailing address of the owners of the immediately adjacent properties, exclusive of street ends and easements. If the adjacent property is under cooperative or condominium ownership, the name and mailing address of the cooperative or condominium association will be adequate. 6. A fee as set forth in Rule 6213-33.0085, Florida Administrative Code. The fee for the repair portion is $500. The fee for the 750 feet of new armoring is $9,500. $500 has been received. 7. Sufficient evidence of ownership including the legal description of the property for which the permit is requested. Examples of evidence of ownership may include a copy of an executed warranty deed bearing evidence of appropriate recordation; a copy of a long term lease -purchase agreement, or contract for deed; a copy of a property tax receipt bearing the name and address of the current owner; articles of condominium bearing evidence of appropriate recordation (for condominiums); or the cooperative documents defined in Section 719.103(13)(a), F.S. (for residential cooperatives). Other documents submitted as evidence of ownership will be reviewed by the staff and shall be rejected if found not to be sufficient. A copy of a quit claim deed, a purchase contract, or an affidavit from the owner, or a tax record obtained from an Internet website (unless obtained from an authenticatt;d official county record) is not sufficient evidence of ownership. If the applicant is not the property owner, the applicant shall submit certification on the form provided by the Department as fart of the permit application form, which is referenced in "More Protection, Less Process" www. dep. state.Jl. its Monroc County Board of County Commissioners July 20, 2010 Page Two subsection 62B-33.008(3), F.A.C., authorizing the applicant to act as the owner's agent for the purpose of applying for a permit and to act on behalf of the owner in other matters pertaining to the permit. 8. Written evidence provided by the appropriate local governmental entity having jurisdiction over the activity that the proposed activity as submitted to the Bureau does not contravene local setback requirements or zoning codes. 9. Two original copies of a signed and' sealed survey of the subject property. The information depicted on the drawing shall be from a field survey conducted not more than six months prior to the date of the application. The survey shall comply with the requirements given in Rule 62B- 33.0081, F.A.C., and shall include the following information: A. The certified survey of the subject property, which is required by paragraph 62B- 33.008(3)(f), F.A.C., shall include the following information: (1) The property owner's name. (2) All vertical data specified on the survey shall be referenced to NAVD 88 (U.S. survey foot). (3) The location of the property in relation to bordering roads and streets. (4) Property boundaries and right-of-ways. (5) Legal description of the property. (6) All horizontal coordinates, bearings, and distances referenced to the control provided upon the most recently recorded Map of Record for the CCCL in the county where the subject property is located. (7) The recording date, book, and page of the Map of Record of the CCCL as recorded in the county public records where the subject property resides. (8) The horizontal location of the CCCL or the fifty (50)-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points. Monroe County Board of County Commissioners July 20, 2010 Page Three (9) The horizontal location of the erosion control line, if one exists, (10) The horizontal locations of the contour lines corresponding to elevation 0.00, the approximate contour of the mean high water, and the contour of the seasonal high water. (11) The horizontal location of the seaward line of vegetation and outlines of existing natural vegetation. Each contiguous stand shall be circumscribed at the outermost edge of the vegetation or the drip line of a tree canopy and shall be identified as being one of the following categories: (a) Beach dune (grasses and groundcovers); (b) Coastal strand (saw palmetto and salt pruned shrubs); (c) Hammock (overhead forest canopy); (d) Wetland (mangrove, marsh, or swamp); or (e) Exotics (greater than 50 percent Australian pine, Brazilian pepper, Australian scaevola, or other invasive nuisance species). (12) When the topographic contours of the subject property are uniform in nature in the shore -normal direction throughout the project area, show (1) a minimum of three transects, (2) one transect per lot line, and (3) one transect per 100 feet of shore -normal direction, with data points at 25-foot intervals and at one -foot or greater changes in elevation on each transect. In project areas that are irregular or not uniform in nature or where abnormal topographic entities exist in a dune system, provide sufficient transect data points and elevations to establish a two -foot contour interval throughout the dune system. (13) Dimensions and locations of the foundation outlines of any existing structures on the subject property and the bearings and distances perpendicular from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of the crest or cap at the extremities of any coastal or shore protection structure. (14) If the permit is requested under the provisions of Section 161.053(5)(b) or 161.052(2)(b), F.S., the survey shall show the dimensions and locations of the foundation outlines of any existing structures in the immediate contiguous or adjacent areas that the applicant contends have established a reasonably continuous and uniform construction line. The survey shall show bearings Monroe County Board of County Cotrunissioners July 20, 2010 Page Four and distances perpendicular from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of the crest or cap at the extremities of any coastal or shore protection structure, including the down line bearings and distances from the nearest point of intersection of the CCCL and the established perpendicular intersection. B. When conventional route surveying is used to locate the CCCL, the following information must be shown, reported, and become a part of the drawing: (1) The location traverse showing all adjusted angles, distances, and directions shall be shown, reported, and become a part of the drawing. (2) At least two (2) CCCL Map of Record control points or any two published second order or higher horizontal control points shall be used in the location traverse. The bearing and distance from the nearest control monuments to the points of intersection on the CCCL shall be shown upon the survey. (3) The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL or fifty (50)-foot setback, including the down -line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection. C. When Global Positioning Systems are used, the following must be shown, reported, and become a part of the drawing: (1) A tabular listing of all Geodetic Control Stations occupied and checked into, along with their latitude, longitude, State Plane Coordinate, zone, and specifications of units (U.S. survey foot). (2) The software brand and version number used for the baseline or real-time processing and or adjustment. (3) Identification of the Geodetic Control that was held fixed or used as Base Station installation. The Geodetic Control that was checked or allowed to take adjustment. When using real-time kinematic carrier phase processing, at least one additional control monument shall be occupied and a statistical comparison to the published values shall be provided. Monroe County Board of County Commissioners July 20, 2010 Page Five (4) A general statement of accuracy for each newly established coordinate. (5) A graphic representation of the final fixed position data depicting the three- dimensional vector baseline established between the control station and the newly established stations, including three-dimensional loop closure statistics on the checked monumentation. (6) A tabular listing of all newly established positions obtained from the final fixed vectors which includes their latitude, longitude, State Plane Coordinate, zone, grid Azimuth (convergence angle), scale factor, and specification of units (U.S. survey foot). Newly established stations shall be identified as such. The number of decimal places displayed shall reflect the level of precision of the work performed. (7) The survey drawings shall include the following notes or equivalent: (a) The procedures and or network design meet the Geodetic Accuracy Standards and Specifications for Using GPS Related Positioning as set forth by the Federal Geodetic Control Sub -Committee in their most current publication for 3rd order class 1 horizontal control survey or provide the horizontal accuracy for all new positions established as a positional tolerance. (b) Provide the vertical accuracy for all new positions established as a positional tolerance. (c) The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for (2) two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL or fifty (50)-foot setback, including the down line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection. D. For general location purposes the survey shall provide a bearing and distance from the state plane coordinated property corners to the nearest Department range baseline monitoring location. 11. Two copies of a dimensioned site plan. The drawings shall be signed and sealed by an architect, engineer, landscape architect, or professional surveyor and mapper (as appropriate) licensed in the state of Florida. The site plan shall include: Monroe County Board of County Commissioners July 20, 2010 Page Six A. The locations and exterior dimensions of all proposed structures, including foundations and other activities, and the bearings and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore -protection structure. B. Dimensions and locations of the foundation outlines of any existing structures on adjacent properties and distances from the CCCL or 50-f6ot setback to the seaward corners of the foundations of any existing structures or the seaward limit of any coastal or shore - protection structure. These measurements shall include all structures that the applicant contends have established a reasonably continuous and uniform construction line for permits requested under the provisions of Sections 161.052(2)(b) or 161.053(5)(b), F.S. C. Dimensions and locations of the foundation outlines of any existing structures on the subject property and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore - protection structure. E. The horizontal location of the erosion control line (if one exists), any contour lines corresponding to elevation 0.00, the approximate contour of mean high water and the seasonal high water, and the horizontal location of the seaward line of vegetation and outlines of existing natural vegetation. F. The horizontal location of the CCCL or the 50-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points. G. The location and dimensions of the property boundary, rights of way, and easements, if any. H. The property owner and project name, street address, scale, north arrow, sheet number, and date of drawings. I. The location of work limits, construction fences, and dune features and vegetation to be protected during construction. The site plan should contain a location plan showing the location of this project on Boca Chica Key. Monroe County Board of County Commissioners July 20, 2010 Page Seven 12. Two copies of a dimensioned grading plan. The drawings shall be signed and sealed by an architect, engineer, landscape architect, or professional surveyor and mapper (as appropriate) licensed in the State of Florida. The grading plan shall include: A. Existing and proposed elevations, contours and spot elevations. B. For any proposed excavation or fill: (1) A table of all permanent, temporary, and net excavation and fill volumes seaward of the CCCL; (2) The storage locations and description of handling methods for all temporary excavation and fill material; and (3) Soil and geotechnical data for beach compatible imported or excavated material proposed for placement on the beach seaward of a frontal dune or on the sandy beach. 15. An anticipated construction schedule. 17. For major and rigid coastal structures, two copies of a dimensioned site plan drawn to an appropriate scale, on eight and one half (8 '/2)-inch by eleven (I I) -inch size paper showing property boundaries, the location of the proposed structure(s), the proposed construction limits, the location and volume of any proposed excavation or fill, and the locations of roads, adjacent dwellings, the vegetation line, and the approximate mean high water. 20. For rigid coastal structures, two copies of detailed final construction plans and specifications for all proposed structures or excavation. These documents shall be signed and sealed by an engineer licensed in the State of Florida and shall bear the certification specified in paragraph 62B- 33.0051(2)(c), F.A.C. Please submit two full size copies of the construction plans, signed and sealed and containing the above referenced certification. Please review Rule 62B-33.0051 F.A.C. and provide details on the armoring stone. Notes: Staff may require the applicant to provide other site specific information or calculations as is necessary for proper evaluation of the application. The dimensions for the plans referenced in this section shall be Monroe County Board of County Commissioners July 20, 2010 Page Eight submitted in U.S. Customary System units. Structures shall be located with distances measured perpendicular to the control line, fifty (50)-foot setback line, or the mean high water line, as appropriate. All elevations in this rule shall be referenced to NAVD 88 (U.S. survey foot). Site, grading, drainage, and landscape plans as well as cross -sections shall be drawn to a scale no smaller than 1" = 40' in the horizontal dimension. The Department recognizes that specific information requirements may not, due to the project specific circumstances, be applicable or necessary to ensure protection to the beach and dune system. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do no apply pursuant to paragraph 62B-33.008(6), F.A.C. If you have any questions, please contact me by mail at the letterhead address (add Mail Station 300), by telephone at (850) 921-7846, or by email at michael.wetherington@dep. state. fl.us. Sincerely, Michael Wetherington P.E., Permit Manager Bureau of Beaches and Coastal Systems M W/dw Enclosures cc: Monroe County Board of County Commissioners, Property Owner '4� CERTIFICATE OF LIABILITY INSURANCEF,0/26/2010 DATE(MWDDNYYY) 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(les) must 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 NAME: CT Patricia Cholewa Selvaggio, Teske & Associates PHONE F AX 3401 Enterprise Parkway, Suite 101 .- - SNC�Nor-216-839-2815 Beachwood OH 44122 ADDRESS: cholewaostassociates.net ruernuee n r. INA Til9 _ l INSURE 3 AFFORDING COVERAGE NAIL INSURED . mbi-k2m Architecture, Inc. --- INSURER A: Hartford Casualty Ins. Co. ,29424 .. - Spectrum Design Services Inc. INSURERB:Hudson Insurance CMany '25054__ 3121 Bridge Avenue INSURERC: Cleveland OH 44113 INSURERD: y INSURER E : INSURERF• - ' ------ COVERAGES rFRTfFIreTF uuuaaCo., ' �� ��VIVI• I�VInOGR. 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 LTR TYPE OF INSURANCE SUBIR POLICY EFF POLICY NUMBER MMID I POLICY EXP MMID - -- LIMITS A GENERAL LIABILITY Y 'Y :45SBAIO7008 i9/14/2030 9/14/2011 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGEREWED PREM SO- rlCQJ -.- $1, 000, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10 , 0 0 0 X AI Primary ---' -- PERSONAL & ADVINJURY $1,000,000 X Severability _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER ' PRO- PRODUCTS -COMp/OPAGGy$2,-000,000 POLICY I XECT X LOC OH Stop Gap $1,000,000 A AUTOMOBILE UABIUTY Y Y 45SEAI07008 9/14/2010 9/14/2011 COMBINED SINGLE LIMIT $1, 000, ANY AUTO (Ea aCCidenl) 000 ALL OWNED AUTOS BODILY INJURY (Per person) $ _.---_ SCHEDULED AUTOS -_--- BODILY INJURY (Per acddent) $ X HIRED AUTOS -- -..� PROPERTY DAMAGE 1 $ (Per aoddent) AUTOS X '.AI I $ X .AI Primary $-------- - UMBRELLA LIAB OCCUR ' �D HCLAIMS-MADE EACH OCCURRENCE S EXCESS UAB - AGGREGATE $ DEDUCTIBLE I-- �s RETENTION $ WORKERS COMPENSATION WC STATU OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N ! - UMITS I Fg_+. ` OFFICERMIEMBER EXCLUDED? NIA- E.L. EACH ACCIDENT_ $ (Mandatory In NH) I(yS describe under E.L. DISEASE - EA EMPLOYEE $ _ _ - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liability N Y AEE7204503 4/13/2010 4/13/2011 Each Claim 1,000,000 Claims Made Retro Date: 9/l/2001 I- Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more spats Is required) If Additional Insured and/or Waiver of Subrogation endorsement is provided by policy as indicated by IY� above then these coverages are automatically endorsed to Certificate Holder named below, but only when required by written contract or agreement. RE: 10089 Boca Chica Road 1'C0TICI1%ATG LIA1 nr- _ Monroe County BOCC Director of Engineering Services 1100 Simonton Street Key West FL 33040 a+ay a, / 1v Lay 1yVl:-1VOn-Yayment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE m 1988-2009 ACORD CORPORATION_ All rinhfa rnan .A AL:VKU Z5 (ZUU9/09) The ACORD name and logo are registered marks of ACORD