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2nd Amendment 12/14/2016 KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 12, 2017 TO: Tammy Sweeting, Administrative Assistant FROM: Pamela G. Hanc.,. `y eputy Clerk SUBJECT: December 14"' BOCC Meeting Attached is a duplicate original of Item C6 Second Amendment to Agreement with Little John Engineering Associates, Inc. for additional design services at the Big Pine Key swimming hole. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File ✓ SECOND AMENDMENT TO AGREEMENT FOR DESIGN OF A SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE This Second Amendment is made and entered into this 14 day of December, 2016, between Monroe County "County ", a political subdivision of the State of Florida, and LITTLEJOHN ENGINEERING ASSOCIATES, INC. "Consultant" or "Contractor ", for the Design of a Scenic Overlook at the Big Pine Swimming Hole. WITNESSETH WHEREAS, on the 15 day of April, 2015, the County and the Consultant entered into an Agreement to employ the professional services of Consultant to design and permit the scenic overlook at the swimming hole on Big Pine Key; and WHEREAS, on the 21 day of October 2015, a First Amendment to Agreement was entered into for the purpose of developing a Management Plan required by and to be approved by the Florida Department of Environmental Protection; and WHEREAS, the First Amendment to Agreement also amended the Consultant's fee schedule and made minor revisions to Consultant's insurance requirements; and WHEREAS, the scope of work for the Agreement does not meet the design requirements from the Florida Department of Transportation (FDOT) who will be approving the design and authorizing approval for funding for the construction of 'a scenic overlook; and WHEREAS, County wishes to increase the scope of work for the design to include landside and waterside structures for the purpose of public outdoor recreation; and NOW THEREFORE, in consideration of the mutual promises contained herein, the County and Consultant agree as follows: Consultant shall provide design services to include structural engineering, architectural design, and geotechnical engineering for landside structures to include a one -story kayak/paddle board rental building, and a restroom building on grade. Consultant shall provide design services to include structural engineering, architectural design, and geotechnical engineering for waterside structures to include a floating kayak launch, a long boardwalk on the channel with overlook, two pavilions, and a swimming dock and overlook tower. SCOPE OF WORK Civil Engineering/Utility Design: • Meet with the FKAA to discuss the project and determine the exact connection point for water and sewer service to serve the property. • Layout and size a waterline extension to serve the property. • Layout and size a force main extension to serve the property. • Locate and size a sanitary sewer pump station to serve the facilities on the site. • Coordinate with the FKAA and FDEP for approval and permitting of the water and sewer extensions. • Coordinate with FDOT for a ROW permit for the water and sanitary sewer extension. 1 SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE • Attend a preconstruction meeting with FKAA and the selected contractor prior to the start of construction. • Conduct a punch list inspection to determine needed corrections to bring the project in compliance with the general intent of the plans and specifications. • Prepare a utility clearance package with information provided by the contractor to allow the utilities to be placed into service. Architectural Services/MEP /Structural Engineering Services: All land structures will be concrete block with a stucco finish and metal seamed roof. Buildings will be waterproofed for storm surge. Boardwalks will be timber framed, marine type construction supported by driven wood piles into the Miami Limestone. The boardwalk will be decked pressured treated lumber or Treks board, and the handrails will be a mixture of fixed wood handrails, rope. Restroom building will be ADA compliant. Architectural design will include MEP services and construction permitting services. Bidding and post construction services will be limited to two site visits, response to permitting comments, and response to up to five RR' s. COMPENSATION The County shall pay the Consultant monthly in current funds for percentage of progress completed for a lump sum amount not to exceed Forty -Nine Thousand Five hundred Dollars and 00 /100 ($49,500.00). Geotechnical report fees shall be paid as a reimbursable expense submitted to the County with proper documentation not to exceed Two Thousand Five Hundred Dollars and 00/100 ($2,500.00). NOTICE REQUIREMENT Article 2.3 of the original Agreement dated April 15, 2015 shall be revised as follows: All written correspondence to the County shall be dated and signed by an authorized representative of the Consultant. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the County by certified mail, retum receipt requested, to the following: Mr. Chris Rivera Monroe County Project Management 1 100 Simonton Street Room 2 -216 Key West, FL 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, FL 33040 For the Consultant: Mr. Keith Oropeza, ASLA, PLA Littlejohn Engineering Associates, Inc. 1615 Edgewater Drive, Suite 180 Orlando, FL 32804 PUBLIC ACCESS 2 SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE • Article 9.2.1 of the original Agreement dated April 15, 2015 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 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: (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. 3 SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE 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. 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. The remaining terms of the Contract, not inconsistent herewith, shall remain in full force and effect. All other terms and conditions of the Agreement dated April 15, 2015 and as amended on October 21 «�;;,��: ` ply to this Second Amendment. t • C3 At "� :; WHEREOF, each part caused this Second Amendment to the Agreement be ex ted a thorized representative. _, r - 5 w . cv 4- M a L k__ BOARD OF COUNTYCOMMISSIONE&S: ,':., , CLERK OF MONROE COUNTY, FLORIDA N F / / J 'C` '94-.41 €s4 = '- By By - tv -� Deputy Clerk Mayor /Chairman t., -r CONSULTANT LITTLEI 0 ENGINEER G ASSOCIATES, INC. /ifrf 14 , .0 • .►_ i By , € W itness MONROE COUNTY ATTORNEY t ' PPRQVED A S TO FORM: Title: �26^'Stp T -C HRISTINE M . UMBERT -BAR WS ASSISTANTJ �Fjj / /// ,�,FF'' TC�1UWT Y ATTORNEY Data ff 11 i 4 SCENIC OVERLOOK AT THE 1310 PINE SWIMMING HOLE 1 A °�~ OF � LIABILITY INSURANCE i 6°' 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 I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED I REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder Is en ADDITIONAL INSURED, the policy(les) must be endotasd. If SUBROGATION 18 WAIVED, subject to the terms and conditions oldie polky, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder In lieu of such endersement(s). { PRODUCER " Sandy Krevonlck BUT Insurance Services, Inc. FAX 2111E W. Laburnum Ave Suite 300 8 04- 67 8- 6 026,y e N 888 -751 -3010 PO Box 17370 M skrevonickf@bbandl.cam Richmond VA 23227 INSURERIR) AFFORDING COVERAGE RAC r INSLRIERA Forge Insurance Company 20508 IHSUREO 35SMEINC MIRROR s :Conti nental Insurance Company 35289 Littlejohn Engineering Associates Inc. Naummm c :Travelers Property Casualty Co of A 25674 1936 21st Ave South s'American Casualty Co of Reading PA 20427 Nashville, TN 37212 MEURERE: Specialty Insurance Company 37885 '. _ mSUwL r ; , COVERAGES CERTIFICATE NUMBER: 363770752 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 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 1S SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID�CUUMS. NSW LTR TYPE OF INSURANC! IN QDecsose --- ' POLICY NUMBER I fMM IDOIt g Yy Y I AI Cairns w A x CO¢RCNL MOM UAP U7Y Y Y PMT6042844344 71112016 7/1/2017 EACH 000uRRENCE 11,000,000 11 1 CLAIMS-WE 111 OCCUR /MESAS.' x00100, J1.000.000 — _, MED EXP (Anyone person) 8 15,000 PERSONAL A ADY INJURY 11,000.000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 12,000,000 1 POLICY ©rEEcof ] ^ I LO C PRODUCTS • COMPIOP AGO /2.000000 I OTHER s O AUTOMOBILELIASILITY Y Y eUA6042844313 7/112016 711/2017 coaelwSwGLh uu'T 1 l W salp«I - t 000.000 X ANY AUTO BODILY WAXY (Per Person) 8 -•-' I1 8giNIED EPLED BODILY INJURY (Per ecddeM) 1 X IIH!DAV'OS X S OS PeremAlere f 1 C X UMBRELLA LIAR rl oc Y Y ZUP51M623B515 7/1/2015 711/2017 E7HOCCURRENCE 65,000.000 E DEEXXCEESSS LIAR CIAIMS AGGREGATE 15,000000 0 I X 1 REENhON 110,000 1 1 D MOWERS COMPENSATION y WC8042647065 7/1/2018 7/1/2017 ` X I R 1 I O AHD EMPLOYERS' LIABILITY Y I N ANYPROPRIETO�IMVE E.LECHACCIDENT _J0,000 A1,00 OFFICE RMEMBER EXCLUDED? © N 1 A _ . OMendNery In NH) EL DISEASE - EA EMPLOYEE 11,000,000 vim eeraibe under O - • - ESCRIPnONOFOPERATIONSbelov EL WIT 11.000,000 E PNNeuubnalLlablltey DPR0500337 7/112018 7/1/2017 5.000.000 Per Claim 5,000,000 Aggregate DESCRIPTION OF OPERATIONS 'LOCATIONS / VEIICLUB (ACORD 101, Madan al Remarks Schedule, may be UMW If more space Is required) Umbrella policy extends over General Liability, Automobile Liability and Employers' LIabIFLy coverages. In the event the Company cancels the General Liability, Automobile Liability and Emptoy� ' Liability ;tondos for any statutorily permitted reason other than non-pm/merit provide t of premium, the Company agrees to pro ninety (90) days' notice of cancellation of 1 e - ohcy to any entity with whom the NAMED INSURED agreed In a written contract or agreement would be provided with ' lice .1 — � . n of the Policy. r See Attached... r •. 4 A / * ' _ Wp i �G t " T :,iii..s4 sr CERT1FICATEHOLDER CANCELLATION___ - r , " "EE e' -- 3: � SHOULD ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Sirtwnlon Street ACCORDANCE WITH THE POUCY PROVISIONS. Room 2 -216 Key West FL 33040 AMMRORl 0AtP ESINTATIVE I - 1,4Beelajl.%aftmeeSL •1V88.2014 ACORD CORPORATION. All Mille reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 35SMEINC LOC 11: ACCIRliar ADDITIONAL REMARKS SCHEDULE Page L of .1 AGENCY NANO IMSUIREO BUT Insurance Services, Inc. Littlejohn Engineering Associates Inc. 18Ci5 21st Ave South roucY NUVRS!R Nashville, TN 37212 CARRIER I NAM CODE EFFECTIVE OATEN ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 2 FORM TITLE: CERrFICATE OF LIABILITY INSURANCE _.. In the event that the Companies cancel the Professional Liability poNcy for any statutorily permitted reason other than non-payment of ��1um the Companies agree to provide thirty (30) days' notice of cancetadon of the Policies to any entity with whom the NAMED INSURED a�id in a written contract or agreement would be provided with notice of cancellation of the Policies. RE: Monroe County Project Management Monroe County BOCC is included as Additional Insured with respect to General Liability Coverage. • ACORD 101 (2005101) m 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD