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2nd Amendment 09/15/2021 `J.S GOURiQc ' Kevin Madok, CPA `'• '1'' . Clerk of the Circuit Court&Comptroller—Monroe County, Florida ~Rae coin• DATE: September 28, 2021 TO: Breanne Erickson, Contract Administrator Project Management FROM: Pamela G. Hanc• ►.C. SUBJECT: September 15th BOCC Meeting Attached is an electronic copy of the following item for your handling: T5 2nd Amendment to the Contract Agreement for Engineering Design and Permitting Services for Rowell's Waterfront Park development with S&ME, Inc., in the not-to-exceed amount of $23,650.00. This project is funded by the one-cent infrastructure sales tax. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 SECOND AMENDMENT TO THE CONTRACT AGREEMENT FOR. ENGINEERING DESIGN AND PERMITTING SERVICES FOR ROWELL'S WATERFRONT PARK This Second Amendment to the Agreement(hereinafter, "Amendment"),between Owner and Engineer for the Engineering Design and Permitting Services for Rowell's Waterfront Park, entered into between MONROE COUNTY("County")and S&ME,Inc.("Consultant"),is made and entered into this 15th day of September 2021, in order to amend the Contract Agreement as follows: Witnesseth WHEREAS, on June 21, 2017,the BOCC approved a Contract Agreement with the Consultant.(rescinded and replaced from the BOCC action on May 17,2017)for the engineering design,and permitting through construction administration for the development of Rowell's Waterfront Park and WHEREAS,on June 7,2018,a First Amendment to the Contract Agreement was entered into adding geotechnical field exploration to the Consultant's scope of services in order to obtain information and recommendations for site preparation and foundation support for the proposed regrown building;and WHEREAS, a special grant called the Community Development Block Grant Coronavirus Relief(CDGB-CV) has come available which will assist with the development of the park to handle future large-scale vaccination and testing services and the County has submitted a preliminary application for the grant;and WHEREAS,the full CDGP-CV application has become available and the County.desires to have the Consultant assist with the submission of the grant application. NOW, THEREFORE, in consideration of the mutual promises, covenants set forth below, the parties agree as follows: 1) In accordance with Article III, Additional Services, Subsection 3.1, of the Contract Agreement; Consultant shall coordinate and secure the services of a Subconsultant who specializes in grant application. support services to assist the County with the grant submission.Scope of Work shall include the following tasks: a. Environmental Survey — S&ME will perform an Environmental Review of the. parcel in accordance with the Department of Housing and Urban Development's (HUD's) Office of Environment and Energy and the requirements listed within the Community Development Block Grant(CDBG)—COVID-19 application. The environmental review is a process of reviewing a project and its potential environmental impacts to determine whether it meets federal,state,and local environmental standards. The environmental review process is required to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users. As part of the process, S&ME will perform a field visit to observe and document current environmental conditions of the property and the adjacent areas. S&ME will submit record requests to applicable agencies for input on the historical conditions.S&ME will prepare a project description that notes the location specific information and geographic boundaries,as well as a Page lof3 { delineation of all activities included in the overall scope of the project. S&ME will review and assess the impact codes for the different Environmental Assessment Factors, such as Land Development,Socioeconomic,Community Facilities and Services,and Natural Features.S&ME will produce a deliverable summary report in digital format for distribution to the County and the grant writing team. S&ME will coordinate with the grant writing team and Monroe County to address requirements with the CDBG application that is due on November 1,2021. b. Public Notice and Meetings—Subconsultant shall supply a written public notice to be posted by the County. The County will be responsible for holding two meetings about the CDBG-CV program,as outlined in the guidance documents.The first shall be a public meeting to discuss the mission of the program and to elicit feedback from the general public. The second shall be a meeting to review the proposed activities for the application. c. Application — County shall provide all necessary information to be incorporated into the application documents, Subconsultant will then format the information into the necessary narratives and forms for the submittal. Upon completion of the application, Subconsultant will submit it to the County for review and comment. Subconsultant will assist the County in submitting the documents. If encountered, Subconsultant will provide the County feedback that could potentially improve odds of receiving grant funding. This feedback ranges from minor project modifications to scheduling recommendations. d. Additional Services -After submittal, if the project is being considered for funding, additional tasks may be required. Subconsultant may provide these services including,but not limited to: i. Presentations ii. Additional cost estimating beyond preliminary numbers iii. Site visits iv. Meetings with the agency v. Contract negotiation vi. Scheduling discussions Subconsultant may provide these services on an as-needed basis with pre-approval from County. 2) In accordance with Article VII, Subsection 7.1.1, of the Contract Agreement,the County shall pay the Consultant a not-to-exceed fee of Twenty-Three Thousand Six Hundred Fifty and 00/100 Dollars($23,650.00)paid on a percent complete basis for each task,as described above in the Scope of Work,for the following tasks: a. Environmental Review-$9,500.00 lump sum upon completion of the deliverable summary report and approval by the director of Project Management. b. Public Notice,Meetings and Application-$5,750.00 lump sum upon completion and submission of grant application and approval by the director of Project Management. Page 2 of 3 1 ‘ c. Additional Tasks -$8,400.00 not-to-exceed dollar amount based on hourly rate of$150.00 with written pre-approval by Project Management for any additional tasks requested by the County on. an as-needed basis. 3) In all other respects, the original Contract dated June:21, 2017, as amended on June 7,2018, remains unchanged. s �f 1N,WITNESS WHEREOF,each party causes this Second Amendment to the Contract Agreement to be executed � ��--5._.-_. Sly bycits�dul a horized representative on the day and year first written above. �A= ,Attest ` Madok,Clerk BOARD OF COUN NERS `4 o�°` OF MO ! M. .°>;------.\ '--.7 By:. By: As Deputy Clerk Mayor/Chairman MONROE COUNTY AITOANEYS OFFICE Date:. IC 7-v1-1 APPROVED AS TO FORM .(- .-r) ISTANT C0UN1Y A1TOR+0EY DATE: 9-07-2021 Witness to Consultant CONSULTANT: S&ME,Inc: J.¢ • y: — Bye• Ale: ?Scher-, Fla-1AC- EJZ Title: C,`'V"i, Er�`n ,A Crc ,� Le c er rw IAA 1'i 4-� . :71: N -71 D() Cr C Page 3 of 3 AC40R"� CERTIFICATE OF LIABILITY INSURANCE DATEIMMDDMYY, ..� 7/1/2022 1 8/19/2021 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terns 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 auch endorsement a). PRoouceR Lockton Companies CUWACT NAME: 444 W.47th Street,Suite 900 ..PHONE 1 FAX u. . .1 t r 1. ----- ...... Kansas City MO 64 1 1 2-1906 ESL _.-- — _-. (816)960-9000 aDoaF _-- — --._...—— -- INSURERIS)AFFORDING COVERAGE NAIC� INSURERA:Valley Forge_Insurance Com.P any 20508 INSURED S ME IINC_ fNsuRER a Travelers Property Casualty Co of America 25674 1492483 _ -- -- -- 1615 EDGEWATER DRIVE,SUITE 200 INSURER c American Casual Corn- of Reading,PA_ 20427_ ORLANDO FL 32804 INSURER D:LexiDaton Insurance Company Comparry 19437 INSURER E:National Fire Insurance Co of Hartford 20478 INSURER F:.... -.... -- COVERAGES CERTIFICATE NUMBER: 17777737 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE ADDLISUOk' _._.. ._. _. POLICY-Epp POLICY EXP LTR POLICY NUMBER (MMIDb Y M IYYYY LIMITS E X ICOMMERCIALGENERALLIABILITY Y N 6042844344 7!1/2021 7/1/2022 EACH OCCURRENCE _'i C.... EI OCCUR ( MKGff'R .... PREMISES IEa occ rremxl T$_l,t}00 000 1 MED EXP to Y o e per on> f$ 15,000 u._ PERSONAL&ADV INJURY 1,000,000 -. IGENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE T$2,000,000 POLICY INJErtCOT- X_I LOC '',, PRODUCTS COMP/OP AGG $2,000 000 OTHER $ A -AUTOMOBILE LIABILITY y N BUA 1015194548 7/1/2021 7/1/2022 GOM INED SINGLE 1111 $ IL accidant� 2,000,000.._._. II ANY AUTO BODILY INJURY(Par parson) $XxxxxXX OWNED �'CHEDULED BODILY er INJURY(Pna dent)$ F—AUTOS ONLY AUTOSXXXXXXX X NON-OWNED MADE AUTOS ONLY Y h-c $XXXXXXX l !$XXXXXXX B X, X OCCUR N N CUP-2S937960-2I-NF 7/1/2021 7I1/2022 EACH OCCURRENCE $ 5 000,000 UMBRELLA L AB EXCESS LIAR I �AGGREGArE S 5 000 000.—._ -- -1 cLAfMB-MADE TIED X RErENrION$ 100(H) 1 $XXXXXXX WORKERS COMPENSATION N X _PERTUTE I .___I ORH C .ANDEMPLOYERS,LIABILITY YIN WC7015154143 7/1/2021 7/1/2022 ti — ANY PROPRIE70RIPARTNER/EXECUTlVE E L-EACH ACCIDENT" $1 00()000- i OFFICER/MEMBER EXCLUDED? N N/A - -- (Mandatory in ON) EL,DISEASE EA EMPLOYEE!$.1 00000 -,If 6 desa'iba DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT 1$ 1 000,000 D PROFESSIONAL, N N 031565551 � 7i1/2021 7/1/2022 $5,000,000 PER CLAIM/`a5,000,000 LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD till,Addaional Remarks Schedule,may be adached if—a space 6 required) RE:20141338-ROWELUS WATERFRONT PARK.MONEROE COUNTY AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,ITS OFFICERS ANE EMPLOYEES ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY Y AND AUTO LIABILITY,ITY,IF REQUIRED BY WRITTEN CONTRACT. lit T CERTIFICATE HOLDER CANCELLATI 17777737 A `- "l MONROE COUNTY BOARD OF COUNTY COMMISSIONER S sxouLD ANY_. ,.. v4 �.,ruG4 .MORE 1100 1100 WIMONTON STREET THE EXPIRATION DATE tHEREOF, NOTICE WILL BE DELIVERED IN WEST FL N S ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE✓ ,(f. Zr O 1588 015 ACORD CORPORATION. All rights reserved. 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