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3rd Amendment 01/18/2017KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: February 1, 2017 TO: Tammy Sweeting Administrative Assistant FROM: Pamela G. HancocC. SUBJECT: January 18th BO Meeting Enclosed is a duplicate original of Item C13, Contract Amendment No. 3 witli T.Y. Lin International for the removal of the Higgs Beach Sand Replenishment Services and the addition of Arborist Services regarding approximately 498 trees affected by the relocation of Atlantic Boulevard Project, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File ✓ Third Amendment to Agreement for Professional Services Between Owner and Engineer Atlantic Boulevard Road Relocation Project This Third Amendment to the Agreement (herein, after "Amendment'), between Owner and Engineer for the Design and Permitting Services for the Relocation of Atlantic Boulevard, entered into between MONROE COUNTY . "Owner" or "COUNTY ") and T.Y.LIN INTERNATIONAL ( "Engineer" or "CONSULTANT ", or CONTRACTOR "), is made and entered into this 18` day of January, 2017, in order to amend the Agreement as follows: Witnesseth WHEREAS, on August 20, 2014, the parties entered into a contract for the design and permitting of the relocation of Atlantic Boulevard at Higgs Beach in Key West, Florida; and WHEREAS, on March 18, 2015, a I" Amendment to Contract was entered into increasing the scope of services to include the relocation of the existing dog park, develop new pedestrian connections south of the relocated roadway, replenishment of the beach sand, and relocate the racquetball court and squash court; and WHEREAS on October 21, 2015, a 2 nd Amendment was entered into outlining a revised scope of work due to inconsistencies with the approved Higgs Beach Master Plan documents and the previously submitted 60% design; and WHEREAS, the design for the replenishment of the beach sand was rejected by the Florida Department of Environmental Protection (FDEP) and requires re- designing with the replenishment of sand both above the mean high water line and below the mean high water line; and WHEREAS, on December 14, 2016, the Monroe County Board of County Commissioners approved a Task Order with T.Y. Lin International/H.J.Ross for the design through construction administration of the replenishment of sand at Higgs Beach for both above and below the mean high water line in accordance with the terms and conditions of the Agreement for On Call Professional Engineering Services dated January 16, 2014, and as amended on March 18, 2015; and WHEREAS, there are approximately 498 trees along Atlantic Boulevard that will be affected by the road relocation project and to avoid changes to the landscape plan during construction, the City of Key West requests an ISA Certified Arborist to prepare an Arborist Assessment Report that provides a professional recommendation for the approximately 388 trees and palms proposed for preservation and 110 proposed for relocation in the tree disposition plan; and Atlantic Boulevard Road Relocation Page 1 NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Owner and Engineer agree as follows: 1) Exhibit A attached to the 1 S ` Amendment of March 18, 2015, shall exclude the costs associated with the beach restoration in the amount of $21,076.00, and shall hereby be excluded from the scope of work for the Atlantic Boulevard Road Relocation project. 2) Consultant shall provide professional services from E Sciences, Incorporated to conduct a site visit to assess approximately 498 trees along Atlantic Boulevard in Key West. E. Sciences will prepare an Arborist Assessment Report outlining the suitability of relocating approximately 110 trees and palms and identifying concerns and providing recommendations regarding specific trees and palms with severe defects, conflicts, or other issues relevant to the project. Recommendations may include removal, relocation, or maintenance, including tree protection, pruning, fertilization, etc. Photographs of specific tree issues documented in the report will be included for illustrative purposes where suitable. The fee for these services shall be a lump sum fee of $5,525.00. 3) Article VII, 7.1.1 of the Agreement dated August 20, 2014, and as revised in the 2nd Amendment dated October 21, 2015, shall be revised as follows: The COUNTY shall pay the CONSULTANT monthly, in current funds for a percentage of progress completed for each task. The total not to exceed the amount of $560,157.70, which includes the deduction of $21,076.00 as described in paragraph 1 above and the addition of $5,525.00 as described in paragraph 2 above. 4) Article 9.21, Public Access, of the original Contract dated August 20, 2014, shall be revised as follows with the Consultant referred to herein also as "Contractor" for this provision only: 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 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. Atlantic Boulevard Road Relocation Page 2 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: (1) Keep and maintain public records that would be required by the County to perform the service. (2) 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. (3) 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. (4) 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. (5) 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. 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 section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. Atlantic Boulevard Road Relocation Page 3 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 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. 5) In all other respects, the original Contract dated August 20, 2014 and as amended on March 18, 2015, and October 21, 2015, remains unchanged. IN WITNESS WHEREOF, each party caused this Amendment to the Agreement to be executed by its duly authorized representative on the day and year first written above. CPA, Clerk Deputy Clerk (Seal) Attest: Wi ess to Co s tant: By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B � 'e~ �) Y Mayor /Chairman Title: /, g4" k- V "'4 ?04 J.--k Title: \Jt C A YR I 9? 50?� MONROE COUNTY ATTORNEY'S OFFICE (� /EPFjOVE9 AS T�Q FC1Rt PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: Atlantic Boulevard Road Relocation Page 4 CONSULTANT: C° T.Y. LIN INTERNATION- N =� Title: /, g4" k- V "'4 ?04 J.--k Title: \Jt C A YR I 9? 50?� MONROE COUNTY ATTORNEY'S OFFICE (� /EPFjOVE9 AS T�Q FC1Rt PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: Atlantic Boulevard Road Relocation Page 4 Client #: 722 TYLININTE1 ACORD. CERTIFICATE OF LIABILITY INSURANCE r DATE(MM /DD/YYYY) 1/26/2017 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(ies) 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 CONTACT Nancy Ferrick Dealey, Renton & Associates HONE IC No, Ext , 510 465 - 3090 FA 510 452 -2193 AIC, No P. O. Box 12675 E -MAIL nferrick deale renton.com ADDRESS: Y Oakland, CA 94604 -2675 510 465 -3090 INSURER(S) AFFORDING COVERAGE NAIC # INSURED T. Y. Lin International 345 California Street, Ste. 2300 San Francisco, CA 94104 INSURERA: Hartford Fire Ins. CO. 19682 INSURER B: Hartford Underw Ins. Co. 3 0104 INSURER C: Aspen American Insurance Co. 43460 INSURER D: INSURER E: COVFRAGFR CCQTICIr ATC WIIAACCM. .. �. .. .�.. ... .. -�__ 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 CONTRACTOR 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. LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY X X 57CESOF1487 3/01/2016 03/01/201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE O RE T nte $1,000,000 CLAIMS -MADE IX OCCUR MED EXP (Any one person) $10,000 X Contract'I Liab. PERSONAL 8 ADV INJURY $1,000,000 X Cross Liab. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X JE LOC A AUTOMOBILE LIABILITY X X 57UENPV4294 3/01/2016 03/01/201 Ee aBcdeDtSINGLE LIMIT $1'000'000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS` p GE BO DILY INJURY Per accident ( ) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ BY Per accident $ UMBRELLA LIAB OCCUR DATE EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE WAIVIRI N% DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X 57WEK08793 3/01/2016 03/01/201 X WCSTATU- OTH- RY IMI R YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? a N/A E.L. EACH ACCIDENT $1 1 000 1 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Professional LRA9P0116 3/01/2016 03/01/2017 $2,000,000 per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) General Liability Policy excludes claims arising out of the performance of professional services. 30 Days Notice of Cancellation (10 Days for Non - Payment of Premium). Re: # 551256 - Atlantic Boulevard Project. Monroe County Board of County Commissioners is included as Additional Insured for General and Automobile Liability. Insurance is primary and non - contributory per policy form. L A N 1 ,r_LLA I IUN Monroe County Board of County Commissioners 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 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 ACORD 25 (2010/05) 1 of 1 #S1916887/M1622198 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NMF POLICY NUMBER: 57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Monroe County Board of County Commissioners 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 Location(s) Of Covered Operations Re: # 551256 - Atlantic Boulevard Project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 57CESOF1487 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Monroe County Re: # 551256 - Atlantic Boulevard Project. Board of County Commissioners 1100 Simonton Street #2 -216 Key West, FL 33040 -3110 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1