Item E4 � E.4
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: E.4
Agenda Item Summary #6644
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527
n/a
AGENDA ITEM WORDING: Approval of Revised Amendment to the Agreement with Electrical
Contracting Service, Inc. for the Big Pine Community Park Pole Lighting Repairs, which will
rescind the original Amendment approved on September 18, 2019, eliminate the Alternates, and add
FederaVFEMA provisions to the Agreement.
ITEM BACKGROUND: The lighting poles and fixtures for the ball field and bocce ball courts at
Big Pine Community Park were damaged during Hurricane Irma. Electrical Contracting Service, Inc.
(ECS) was the lowest bidder to the Request for Proposals and was awarded the contract for the
repairs in July 2019. The original Agreement with ECS stated that the County accepted both
Alternate 41 and 42, however the contract sum amount of$333,770.00 did not reflect the addition of
those alternates. An Amendment to the Agreement correcting the contract sum to $347,220.00 was
approved in September 2019, however due to staff turnover at that time, the Amendment was never
sent to the Clerk for execution. The work at the park has been completed and it has been determined
that neither alternate was needed, therefore, Project Management asks that the unexecuted
Amendment approved by the BOCC on 9/18/19 be cancelled and rescinded and that this Revised
Amendment be approved which keeps the original contract price at $333,770.00. This Amendment
also adds some required FederaVFEMA provisions that may be applicable which were inadvertently
omitted from the original Agreement.
PREVIOUS RELEVANT BOCC ACTION:
6/20/18 — BOCC approved advertising any required solicitations or proposals for all Hurricane Irma
related repairs.
7/17/19 —BOCC approved an Agreement with Electrical Contracting Service, Inc. (ECS)
9/18/19 — BOCC approved an Amendment to the Agreement with ECS which corrected some
contract language and corrected the contract sum to include the alternates. (this amendment was
never sent to Clerk for execution, nor ever executed by the Contractor.)
CONTRACT/AGREEMENT CHANGES:
Correction to the original Agreement wording regarding acceptace of alternates
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E.4
STAFF RECOMMENDATION: Approval of Revised Amendment
DOCUMENTATION:
Contract_Electrical Contracting_EXEC_7.17.19
EXECUTED STAMPED Revised Amendment to Agreement with addl provisions - Electrical
Contracting (legal stamped) 3 5 20
FINANCIAL IMPACT:
Effective Date: 3/18/20
Expiration Date: project complete (just need to pay final invoice)
Total Dollar Value of Contract: $333,770.00
Total Cost to County: $16,688.50
Current Year Portion: $333,770.00
Budgeted: Hurricane Irma
Source of Funds: 125-0459110-530490-IRPG6573
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: 5% (90% FEMA cost share; 5% State cost share)
Insurance Required: Yes
Additional Details: Hurricane Tracking #58586
N/A
REVIEWED BY:
Cary Knight Completed 03/03/2020 2:07 PM
Patricia Eables Completed 03/03/2020 4:49 PM
Budget and Finance Completed 03/04/2020 10:59 AM
Maria Slavik Completed 03/04/2020 11:23 AM
Kathy Peters Completed 03/04/2020 11:32 AM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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REVISED AMENDMENT TO AGREEMENT
BETWEENLO
T
ELECTRICAL T 'TIe ,
FOR THE BIG PINE COMMUNITY PARK POLE LIGHTINGPAIRS
This Revised Amendment to the Agreement bets ("County"), and
ELECTRICALT I SERVICE, INC, ("Contractor"), for the BIG PINECOMMUN �
ITS' PARK POLE LIGHTINGS ("Project"), dated July 17, 2019, as
amended on September 1 ,2 19,("Agreement"),is made and entered into this 11h day of March,,
2020, in order to amend,revise, and clarify the Agreement as follows.
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WHER-AS, on July 17, 2019, the parties entered into an Agreement for the Contractor to perforrn Q
electrical repairs to the lighting that was damaged during ur is e lima at the Big Pine
Community nity Park;
WHEREAS, there was an error in the Contract Stem in the Agreement in which Article 4 of the
Agreement provides the contact sum amount of 333,77 . , but also states that the contract sum
is based upon the alternates as evidenced in Section 4.3. Alternates #1 and #2 were accepted by
e County, however, the Contractor's alternate prices were not included in the total contract sty
amount; and
WHEREAS, the parties entered into an Amendment to the agreement on September 18, 2019, E
which corrected. the Contract Sum to the amount of 347,22 .0 , which reflected the Cou tty's
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acceptance of both alternates, and also accepted the Contractor's alternate prices, but only added
the price for Alternate #1 in the amount of$13,450.00 to the Contract Sum, and was to add the
total amount of the Unit Price for Alternate#2 at a later time when the ount of conda t footage 0)
was determined based on a Unit Price of$170.00 per 10 feet to trench and install new conduit; and
WHEREAS, the Amendment to the Agreement, which was approved the Board of County
Commissioners on September 18, 2019, however, was never signed or execrated by the County or .n
Contractor; and
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WHEREAS, there were certain required Federal and/or FEMA requirements which were
inadvertently ornitted in the original Agreement and the parties now desire to amend the �
Agreement to include those provisions; and
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WHEREAS, the work has now been completed and the County has determined that there is no
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tweed for either of the alternates to be included in the scope of work. LU
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the E
parties agree as follows:
s:
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I. The parties agree to cancel and rescind the Amendment to the Agreement approved by the
County on September 18, 2019.
. Section 4.2 and Section 4.3 of the Agreement as to the two )Alternates are deleted. y
3. The original Agreement is hereby amended in ARTICLE 7 to include the following
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identified paragraphs, recognized as Other Federaland/or FEMA Requirements, if
applicable, and numbered as Paragraphs 7.8.14, 7.8.15,and . .1 :
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tbe�° cdr1 n eir is (asapplicable)
7. .14 DHS Seale Logo and plate. ontractor shall not use the Department of Homeland
Security seal(s), logos, crests,or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval.
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7.8.15 Chan es to Contract. The Contractor understands and agrees that any cast
resulting from a change or modification, change order, or constructive change of the
agreement must be within the scope of any Federal grant or cooperative agreement that
may fund this project and be reasonable for the completion of the project. Any contract
change or modification, change order, or constructive change must be approved in writing �
by both.the County and Contractor. E
7.8.16 Access to Records. Contractor/Consultant and their successors, transferees,
assignees,and subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency's (F ) access to records, accounts, documents, information, �
facilities, and staff. Contractors/Consultantsmust: (1) Cooperate with any compliance
review or complaint investigation conducted byDHS; ) Give DHS access to and the
right to examine and copy records, accounts, and other documents and sources of
information related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary,as required by DHS regulations and other CL
applicable laws or program guidance; and 3) Submit timely, complete, and accurate
reports to the appropriate DHS officials and maintain appropriate backup documentation
to support the reports.
All other terms and conditions of the Agreement, as amended,shall remain in full force and effect.
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fN WITNESSH - , each party has caused this Revised Amendment to the Agreement t
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be executed by its duly authorized representative.
(SEAL) BOARD F COUNTY COMMISSIONERS0
Attest; Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
y:
Deputy Clerk Mayor/Chairman
Date
CONTRACTOR'SWitnesses tte t' CONTRACTOR: ELECTRICAL
Contractor must provide two witnessesCONTRACTING I , I
signatures
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Signature: Signature4
Print Name: � Print arse: "
Date: "`' Title;
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Print Name:__L r 03 WOO
STATE OF r 41 COUNTY OF 6019
On
this day , before me, the undersigned rotary public,
by means of 0 physical presence or 0 online, personally appeared � e )�
known to me to be the person whose name is subscribedabove or who produced
-as identification, and acknowledge that he/she is the person who executed the
above Revised Amendment with Monroe County for Big Pine Community Park Pole Lighting U)
Repairs for the purposes therein contained.
Notary Public
Print arose t - /,- s :° rcl talent l=s sASfou
#m PAY c4MMISSION#GG 213331
My comm fS.Si r1 expires: wg _ EXPIRES:nugttsk31,2022
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