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12/14/2016 Task Order KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 11, 2017 TO: Tammy Sweeting, Administrative Assistant FROM: Pamela G. Hanc •it) eputy Clerk SUBJECT: December 14t BOCC Meeting 'Attached is a duplicate original of Item C12 Task Order for Professional Services with T.Y. Lin International/H J. Ross for Higgs Beach Re- nourishment above and below MHW. Also attached is a copy of Item C7 Change Order with Barracuda Builders, Inc. in the amount of $43,515.00 for demolition and replacement of a door /store front at the East Martello Tower. These two items were approved at the above - mentioned meeting. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File TASK ORDER ON CALL PROFESSIONAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND T.Y. LIN INTERNATIONAL/H.3. ROSS FOR HIGGS BEACH RE- NOURISHMENTABOVE AND BELOW MHW In accordance with the Agreement for On Call Professional Engineering Services ( "Professional Services Agreement "), made and entered on the 16 day of January, 2014, and as amended on the 18 day of March, 2015, between MONROE COUNTY, hereinafter referred to as the "County," and T.Y. LIN INTERNATIONALIH.J. ROSS, hereinafter referred to as "Consultant" or "Contractor ", where professional services are allowed if construction costs do not exceed $2,000,000.00. All terms and conditions of the referenced Professional Services Agreement apply to this Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. These additions apply only to the project referenced in this Task Order. This Task Order is effective on the 14 day of December , 2016. SCOPE OF WORK In accordance with Article 2 paragraph 2.1 of the Professional Services Agreement, Consultant will provide professional engineering services for the design, permitting, and construction documents to complete the job as designed for the beach sand re- nourishment project for above and below mean high water, including the following tasks: 1.1 Beach Replenishment Design: Consultant will prepare the design for the beach sand replenishment project to support permit documents for above and below mean high water. The design plans will include: • Dimensioned Site Plan • Grading Plan Cross - Section 1.2 Agency Coordination/ Permitting • Consultant will coordinate with all the required agencies including FDEP and USACE to prepare the required CCCL and section 404 permits for the sand re- nourishment project. • Consultant will include permit submittal fees as a reimbursable expense. • Consultant will prepare the necessary permit applications and support documents to meet permitting requirements. Responses to regulatory Request for Additional Information (RAI) will be prepared within regulatory timeframes. • One (1) RAI is anticipated. It is anticipated that compensatory mitigation for unavoidable impacts will be provided by a payment of an in -lieu -fee to the Keys Higgs Beach Sand Re- Nourishment Above and Below MHW 1 Environmental Restoration Foundation (KERF) commensurate to the unavoidable project impacts. • Consultant's scope will include assistance with application and coordination of mitigation payments. • Consultant will confirm that the proposed activity does not contravene local setback requirements or zoning codes. • Consultant will include design for a mitigation plan and environmental and/or water quality monitoring. 1.3 Cost Estimate /Contractor Coordination: • Consultant will prepare an Engineer's estimate of probable construction cost to assist the County in determining the quantity of sand that may be imported for restoration. • Consultant will prepare an Engineer's estimate of probable costs for possible mitigation and monitoring of seagrass. • Consultant will assist the County in the identification of potential contractors and suppliers. • Consultant shall reply to responses for information during the bidding phase. 1.4 Construction Phase Services: • Consultant will perform construction phase services to consist of site visits during construction. • Consultant will hold a pre- construction meeting, weekly construction meetings, perform review of shop drawings, and responses to Requests for Information (RFI' s). • Sand will be visually inspected for compliance with permit specifications. • Daily environmental oversight of the project will be conducted to ensure the project complies with environmental permit conditions, such as water quality standards and protection of sensitive resources. 1.5 Benthic Survey: • Complete a benthic survey within the project limits to identify and delineate any seagrass, hard - bottom communities or attached macro -alga communities that may be present. Any benthic organisms or fish will also be identified and reported. • Analyze the benthic survey information and prepare the Benthic Reports to support the permit applications. • Consultant will be assisted in this task by their sub - consultant, PEEKSTOK ENVIRONMENTAL CONSULTING, LLC 1.6 Geotechnical Analysis for FDEP Sand Compatibility • Complete geotechnical investigation to determine the physical parameters and the sediment characterization of the native sands at Higgs Beach to ensure the compatibility of re- nourishment sands per the FDEP RAI on file number MO-44. • Perform field sampling, laboratory tests, and prepare the report required to comply with the FDEP RAI on file number MO-44. • This task is to be performed by Consultant's sub - consultant, HP Consultants Inc. 2.0 Information to be provided to Consultant Higgs Beach Sand Re- Nourishment Above and Below MHW 2 • Evidence of owner ship and legal description of project area. • Evidence that the proposed activity does not contravene local setback requirements or zoning codes. • Access to the site. • Any pertinent information available. DELIVERABLES 1. Provide five (5) signed and sealed sets of construction documents. COUNTY RESPONSIBILITY The County's Responsibility is outlined in Article IV of the Professional Services Agreement, and paragraph 2.0 above. County shall provide geotechnical studies and additional testing if required. COMPENSATION In accordance with Article VII of the Professional Services Agreement, the County shall pay the Consultant in current funds a lump sum fee of Sixty -Two Thousand One Hundred and Seventy -seven dollars and 00 /100 ($62,177.00) billed monthly on a percentage complete basis as described below: • Design Plans $ 4,750.00 • Coordination/Permitting with agencies $ 11,616.00 • Cost Estimate /Contractor Coordination $ 3,660.00 • Construction Phase Services $ 25,200.00 • Benthic Survey $ 4,488.00 • Sub - Contractors: • Benthic Survey Support-PEC, LLC $ 2,639.00 • Geotechnical Investigation -HPC, Inc. $ 9,824.00 Total Project Fee $62•177.00 REIMBURSABLE EXPENSES • Allowed reimbursable expenses for the actual costs of the permit fees. PUBLIC ACCESS Article IX, paragraph 9.2.1 of the Professional Services Agreement shall be revised as follows: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and Higgs Beach Sand Re- Nourishment Above and Below MHW 3 made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: a. Keep and maintain public records that would be required by the County to perform the service. b. Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. e. A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. Higgs Beach Sand Re Nourishment Above and Below MHW 4 If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under sectio - 119.10, Florida Statutes. D -=+ r Pi -' r .. - .._ r The Contractor shall not transfer custody, release, alter, destroy or dflferwist -n dispose of any public records unless or otherwise provided in this prov�im or as 2 otherwise provided by law. x,.. = = 1 IF THE CONTRACTOR HAS UESTION GA S RERDI — THE {; APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THCO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470, BRADLEY- BRIAN @MONROECOUNTY - FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12 STREET, SUITE 408, KEY WEST, FL 33040. All other terms and conditions of this Task Order shall be in accordance with the Professional Services Agreement dated January 16, 2014, and as amended on March 18, `f °' : HEREOF, each party caused this Task Order to be executed by its duly . . entative. s =! = � L k. BOARD OF COUNTY COMMISSIONERS °� A - °./ . • , Clerk OF M NROE COUNTY, FLORIDA B• Date: ' 2-i ty I 1 1 • Mayor /Chairman • CONSULTANT z ca T.Y. LIN INTERNATIONAL/H. ROS WITNESS TO CONSULTANT s k f1 tF• ‘-t 1ri a v n P I B F'vAnt,isw J. /�icv•sa b , By ti= r - --4 i - v . i j k fr - Title: As s 6 ..a "i ,. 11; z I)r Date: 2 is § a Date: 1r g ea STATE OF FLORIDA COUNTY OF J' i ocr •a Rcs:/au On this 2- day of t bL , 2016, before me, personally appeared wr..∎e 5 , (Y.orSg to me be the person whose name is subscribed above or who produced as •• - rfication, and acknowledged that he/she is the pe o executed the above contract with Monroe County for the Higgs Beach Sand Re- nourishm t bove nd below MHW, for the purposes therein contained. Stamp and Signature of Notary Public / CARMEN SAENZ-PAREDES Higgs Beach Sand Re- Nourishment Abov and Below MH1 r: Notary Public - State of Florida / 1 ,r, I, `.4'.s.: o .,: My Comm. Expires Aug 9. 2018 1 ':,',,,,,,,,,,, Commission # FF 116829 5 t Client*: 722 TYLININTEI ACORD,.. CERTIFICATE OF LIABILITY INSURANCE I nAT!(MiW001YYYY) 31a6/2o16 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 s I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiicy(IS.) must be endorsed. If SUBROGATION 18 WANED, 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(e). PRODUCER t', 1 Fetrick Dealey, Renton & Associates re* „ 510 485 -3090 f ... 510 452-2193 P. O. Box 12675 t ;', nferrickadeaIeyrenton.com Oakland, CA 94604 -2675 INSURER!) AFFORDING COVERAGE NAIL f 510 465.3090 INSURER A Hartford Fire ins. Co. 19682 INSURSD aesunan e : American Fire and Casualty Comp 24066 T. Y. Lin International some c: Hartford Underwriters Ins. Co. 30104 345 California Street, Ste. 2300 A s en American Insurance Co. 43460 San Francisco, CA 94104 INSURER D: P saunas it INSURER F: _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN PRpEDCU�C��EED BY PAID CLAMS. TYPE OF INSURANCE insmADDURNMErvni POLICY LAUNDER 1�NMID PYY1 % UNITS A X COMMERCIAL GENERAL UABRRY X X 57CESOF1487 03/01/2016 03/01/2017 eecHOCC 41.000,000 .,� � CLAMS -MADE © OCCUR iEi�atainal 81 ,000,000 X Contract, Limb. ( MEO EXP (MT on Om* 510,000 X+ Cross Liability PERSONAL a ADVINJURY 111000A" GEHL AGGREGATE LIMIT APPLESPER, GENERAL AGGREGATE S2 O00 O00 ._1 POLICY ® dECTT 1 LOC PRODUCTS - COMP/OP AGO $2,000 _._ OTHER: $ A AUTOMOBILE UABUJTY X 1 X ' 57UENZC1594 03/0112016 03101/2017 cow NGLEUMIT $it000,000 I ANY AUTO BODILY INJURY (Par parson) _S r- ALL OWNED SCHEDULED BODILY INJURY (Peraoddam) E AUTOS AUTOS X HIRED AUTOS X A AUTOS C a_ i 'PROPERTY __arm s 4. B UMBRELLA UAI .2.. OCCUR X X � EUA1757169563 03101/2016 0310112017 EACH AccuRRIDICE 12 :000.000 — X E ....01.044491. AGGREGATE s2,000,000 C X 57WEK0879 _ w. _ s olio I I RETENTION S - - p� p AN E 3 * L SILL/TY BTxfuT! �l - I E �IECUnve ELEACHACC'DENT 114,0.0.94000 3 73101/2018 0310112017 � PhodaIey E. I., muse •EAEMPLOYEE 51,000.000 M yM. ds. IW Radar ' D1:�1_ OPERATIONS below E.L. DISEASE • PQ MT T I I j000,000 D Professional LRA9P0116 03/01/2016 03/0112017 $1,000,000 per Claim Liability 1 52,000,000 Annl Aggr. 1 DESCRIPTION OP OPERATIONS r LOCATIGN! 1 V*MCLES (ACORD t0t. Addflueal Remote Module. May be attached II more spas Is Nqul'. ,o' General Liability Policy excludes claims arising out of the performance of professional services. ,,, ,a� a t•° or'•' c .: 7 30 Days Notice of Cancellation (10 Days for Non-Payment of Premium). ,' � - 444r :�� Re: Monroe County Professional Engineering Services. Monroe County Board of County Commis 't • "" r' ' -. Included as Additional Insured for General and Automobile LlabiNty. Insurance is primary per policy form. CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 55 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Shane Smith 1100 Simonton Street #2 -216 AUTNORIZED REPRESUNTAT1E Key West, FL 33040 -3110 01111111-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of l The ACORD name and logo are registered marks of ACORD #516353301M1635274 NMF