Loading...
7th Amendment 02/16/2022 J GJR couara\1� Kevin Madok, CPA Clerk of the Circuit Court& Comptroller—Monroe County, Florida 14 04.z....... Nc+°� DATE: February 24, 2022 TO: Judith Clarke, PE, Director Engineering/Roads&Bridges ATTN: Debra London, Project Manager FROM: Pamela G. Hanco 4). . SUBJECT: February 16th BOCC Meeting Attached is a copy of the following item for your handling: C7 7th Amendment to the Contract with WSP USA, Inc. for Engineering Design and Permitting Services for the Sea Level Rise Pilot-Twin Lakes Subdivision (Key Largo) Project to include the Hydrology and Hydraulics Study required by the Hazard Mitigation Grant Program. This amendment, in the maximum not to exceed amount of$15,081.57,will not increase the overall total contract amount due to balances remaining in other tasks that can be utilized. 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 AMENDMENT 7 TO THE CONTRACT FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY BOCC AND WSP USA, INC. FOR THE SEA LEVEL RISE ROADWAY AND DRAINAGE PILOT PROJECT THIS AMENDMENT 7 to the CONTRACT is entered into this 16th day of February 2022, between Monroe County, whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter the "COUNTY" and WSP USA, Inc., a Corporation of the State of New York, whose address is 7650 Corporate Center Drive, Suite 300, Miami, FL 33126, hereafter referred to as "CONSULTANT". WHEREAS, on the 20th day of November 2018, the parties executed a contract authorizing the Consultant to perform Professional Services for the Engineering Design and Permitting Services for the Sea Level Rise Roadway and Drainage Pilot Project, for an estimated not to exceed amount of$517,518.04; and WHEREAS, on the 16th day of October 2019, the parties executed AMENDMENT 1 to the contract for subconsultant Longitude Surveyors to perform additional topographic and boundary surveying services in the amount of $7,500.00, due to utilization of the lot purchased by the County to be used for pump station infrastructure; RE Number 00302870-000000, Avenue C and Father Tony Way, Big Pine Key; and revising the estimated not to exceed amount to $525,018.04; and WHEREAS, on the 20th day of November 2019, the parties executed AMENDMENT 2 to the contract to add National Park Service (NPS) permitting requirements in the amount of$20,751.77 due to the Key Largo project right-of- way encroachment on Everglades National Park lands; and revising the estimated not to exceed amount to $545,769.81; and WHEREAS, on the 19th day of August 2020, the parties executed AMENDMENT 3 to the contract to revise the contract to add lightning protection design for the electrical equipment associated with the proposed pump stations in the amount of$18,278.00, and revising the estimated not to exceed amount to $564,047.81; and WHEREAS, on the 17th day of March 2021, the parties executed AMENDMENT 4 to the contract to revise the contract to add Task 1: Evaluate new target elevations (Twin Lakes and Sands); Task 2: Evaluate use of outfall versus injection wells for disposal method; Task 3: Revise the Sands pump station layout onto two County owned lots; Task 4: Provide subsurface electrical conduit design for Phase 3 power connection required by FKEC (Twin Lakes); Task 5: Revise design to incorporate new target elevation (Twin Lakes)Task 6: Revise design to incorporate new target elevation (Sands) in the estimated not to exceed amount of$467,943.61, revising the total estimated not to exceed amount to $1,031,991.42; and WHEREAS, on the 21st day of July 2021, the parties executed AMENDMENT 5 to the contract to revise the contract to amend Article II Scope of Basic Services to add environmental assessment for Sands subdivision and compliance support as required by U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program grant requirements in the estimated not to exceed amount of$15,460.37, revising the total estimated not to exceed amount to $1,047,451.79; and WHEREAS, on the 15th day of September 2021, the parties executed AMENDMENT 6 to the contract to revise the contract to amend Article II Scope of Basic Services to add Avenue G Sands subdivision Sea Level Rise Pilot project scope to include topographic survey, updating drainage model, design of approximately 1000 linear feet or roadway, design ditches, identify existing utilities and harmonize roadway to existing private property in the estimated not to exceed amount of$77,949.58, revising the total estimated not to exceed amount to $1,125,401.37; and NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CONSULTANT agree to amend Article II, Scope of Basic Services;Article VI I, Compensation, Paragraph 7.1.1 of the contract as follows: Amend Article II Scope of Basic Services per Attachment A to add a Hydrologic and Hydraulic (H&H) study required by the FEMA Hazard Mitigation Grant Program agreement in the estimated not to exceed amount of$15,081.57. Amendment 7 Task WSP Twin Lakes H&H Study $ 15,081.57 1 The costs are a maximum not to exceed amount based on WSP hourly contract rates. There is no change to the total contract amount limit.Funding for this task will be from existing other task remaining fund balances and any remaining funds in design tasks may be used post design for bid and construction phase services. This AMENDMENT 7 is effective February 16,2022. In all other respects,the Contract approved November,20,2018,BOCC,as amended October 16,2019,November 20,2019,August 19, 2020, March 17,2021, July 21, 2021 and September 15, 2021 , remains in full force and effect. In WITNESS WHEREOF,each party hereto has caused this contract to be executed by its duly authorized representative. BOARD OF COUNTY COMMISSIONERS OF WSP USA,Inc. MONROE COUNTY,FLORIDA Consultant C'ltrni lie_ D,mi r uc'L CNn?bleZ P.E. /0.75....„0,- BY: BY:64,ai 5f/_7) o/ Mayor/Chairman TITLE: Ni i(€ ),eslclpM. - F log;do vJy-ter sne- C-,'► ®, k, The foregoing instrument was subscribed and 1� swor to(or affirmed)before me,by means ������.��y,,, �. �Txi'!& of phy ical presence or 0 online �zAttes EVI M'DOK,Clerk this a-- day o 22,by °6.-- ',4.,��gg C.= J , Who is( pe :•na , 'nown me i' ---` lsrt5eputy lerk or who( t•duced a •river's license as / !dent'- , 40' 4 NEIDY CORDOVA DATE: 7 t .J�Z Z A 4 - �, ��w N•a• •ublic•State of Florida •?rh 1..- 1:T 1^f•RIrggliimisslon 0 MN 69206 A 1 e./ MyComm.Expires Dec 3;2024 `Bonded throuih National Notary Assn. Print,type of stamp commissioned name of notary MONROE COUNTY ATTORNEY ,) �PPRQpV2D AS TO fFOt�t L 4eLTlti;'t• ,.rci i—►Y e4,,,Oo CHRISTINE LIMRERT•RARROWS ASSISTANT CO ATTORNEY DATE ,/27 22__ 1v --'-3 r— . _ Ell `-F �.1V p 7 /V Sea Level Rise Pilot Project Design Project No. 193618A January 7,2022 Debra London, CPPB,FCCM,MBA Engineering Department—Project Manager Monroe County Murray Nelson Bldg. 102050 Overseas Hwy, Suite 229 Key Largo,FL 33037 Subject: Sea Level Rise(SLR)Pilot Design Project Amendment 7 H&H Study-Twin Lakes Dear Ms.London, As requested on November 12,2021 the County asked WSP to prepare a scope and fee to prepare a H&H study for Twin Lakes.According to the requirements of the Hazard Mitigation Grant Program, the H&H study must"show the engineer's estimate of the pre and post-mitigation effects of the proposed project and the relationship of the damages to be mitigated[...]."The drainage report and comparison memo shall be used to develop the H&H study and provide the requested information for the FDEM grant award for Twin Lakes. As soon as we receive the County's approval,we will commence with this amendment. Please,do not hesitate to contact me, should you have any question. Sincerely, Ronald M. Colas,PE, SI Werner Reinefeld,PE Vice President-Senior Area Manager Supervising Engineer AC cc:Stacie Schotanus,File WSP USA Saito 300 7660 Corporate Center Drive Miaarni,FL 33126 Tel.:+1 305 514-3100 Fax:+1 05 261-5735 r,al..col-n Scope and Fee Page 2 TASK 1. H&H STUDY- TWIN LAKES Introduction According to the requirements of the Hazard Mitigation Grant Program,the H&H study must "show the engineer's estimate of the pre and post-mitigation effects of the proposed project and the relationship of the damages to be mitigated[...]. The H&H study shall contain at least 3 scenarios,where one represents the level of protection;under each scenario,the sub-recipient must identify the losses before and after mitigation (structural,content,displacement,road closure duration,or any other needed to show the improvements after the mitigation project is implemented). This includes,but is not limited to,the existing and proposed hydrology and hydraulics for the level of event being mitigated."The H&H Study that WSP will perform will demonstrate that the proposed project shall reduce flood levels and thus reduce any damages to existing roadways.However,an economic benefit-cost analysis shall be performed by the County corresponding with the findings of the H&H study. Scope The H&H study will include three scenarios to compare the mitigation effectiveness,hydraulic effects and any other losses before and after mitigation.The three scenarios address tidal flooding, commonly referred to as nuisance flooding,based on the NOAA Intermediate High curve for Sea Level Rise projections as outlined in the 2019 South Florida Climate Compact Report.Days of flooding shall be provided for the following recurrence intervals: 1. A)Existing conditions using groundwater of the year 2030 B)Proposed improvements using groundwater of the year 2030 2. A)Existing conditions using groundwater of the year 2040 B)Proposed improvements using groundwater of the year 2040 3. A)Existing conditions using groundwater of the year 2070 B)Proposed improvements using groundwater of the year 2070 In addition,the H&H study will include an analysis of rainfall and runoff for three rainfall events including the 2 year/24 hour, 5 yr/24 hour and 10 year/24 hour storm events. A comparison of pre and post development maximum staging shall be provided to demonstrate the benefits the pro- posed improvements shall accomplish. The H&H Study will include: •Water surface elevations for tidal induced flooding at proposed project relative to BFE in tabular format. •Rainfall runoff events to be mitigated through a stormwater collection and management system including the 2 year, 5 year and 10 year events.Nodal maximum stages shall be provided for pre and post scenarios for these storms in tabular format. •A description of the pre-disaster site conditions,an overview of the damages and a description of the proposed installation. •Identification of the exact location of the site using latitude and longitude and the name of the roads and neighborhoods,as applicable. •A description of the methodology used to analyze the area and the input parameters used in the calculations. Page 3 •A statement indicating why the selected storm frequencies and tide levels was chosen for the analysis. *A summary statement that provides an overview of the analysis and signed/stamped by a Professional Engineer. It is understood that WSP USA,Inc. has anticipated all efforts for this task and any additional H&H Study requirements not contemplated in this proposal will be at no charge to the County. Defiverables — H&H Study Defiverables Schedule NTP+4 weeks Estimated The table below indicates the level of effort associated with this Task. T,,.ible 1. Stminialry of Cost Aaiendaient 7 Page 4 0 DATE(MMIDDIYYYY) A - CERTIFICATE OF LIABILITY INSURANCE 4/29/2021 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 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 NAME: AJG Service Team Arthur J. Gallagher Risk Management Services, Inc. A/C"N Ext: 212-994-7100 FAX, I_ No:212-994-7047 250 Park Avenue, 5th Floor (A MAIL New York NY 10177 ADDRESS: GGB.WSPUS.CERTREQUESTS@AJG.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Zurich American Insurance Company 16535 INSURED WSPGLOB-01 INSURERB: Liberty Insurance Corporation 42404 WSP USA Inc. One Penn Plaza INSURERC: New York, NY 10119 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1432882618 REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY Y GL0983581908 5/1/2021 5/1/2022 EACH OCCURRENCE $3,500,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $300,000 X Contractual Liab MED EXP(Any one person) $7,500 PERSONAL&ADV INJURY $3,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $7,000,000 POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $3,500,000 X OTHER: $ B AUTOMOBILE LIABILITY Y AS7-621-094060-031 5/1/2021 5/1/2022 COMBINED SINGLE LIMIT $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LAB X OCCUR AUC0144386-05 5/1/2021 5/1/2022 EACH OCCURRENCE $1,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ Follow Form $ B WORKERS COMPENSATION WA7-62D-094060-011 5/1/2021 5/1/2022 X PER ETH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION. RE: Project#-193618; Project Description-Engineering Design and Permitting for Sea Level Rise Roadway and Drainage Pilot Project Monroe County BOCC is named as Additional Insured as respects General Liability and Auto Liability policies, pursuant to and subject to the policy's terms,definitions,conditions and exclusions. j'' By _wa 6 1 . 2021 CERTIFICATE HOLDER DATE -__ .ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DATE(MMIDDIYYYY) A - CERTIFICATE OF LIABILITY INSURANCE 10/26/2021 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 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 NAME: AJG Service Team Arthur J. Gallagher Risk Management Services, Inc. A/C"N Ext: 212-981-2485 FAX, I_ No:212-994-7074 250 Park Avenue, 5th Floor (A MAIL New York NY 10177 ADDRESS: GGB.WSPUS.CertRequests@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: QBE Specialty Insurance Company 11515 INSURED WSPGLOB-01 INSURER B: WSP USA Inc. One Penn Plaza INSURERC: New York, NY 10119 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:837324437 REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE1:1 OCCUR PREMISES Ea occurrence $ Approved Risk Management MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: 12-28-2021 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ E OFFICER/MMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability QPL0022630 11/1/2021 10/31/2022 Per Claim/Aggregate $1,000,000 CLAIMS-MADE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION RE: Project#-193618; Project Description-Engineering Design and Permitting for Sea Level Rise Roadway and Drainage Pilot Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD