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5th Amendment 05/18/2022GVS COURTq c Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe Count Florida o p Y, E cOVN DATE: May 31, 2022 TO: Brearme Erickson, Contract/Budget Adiiiiiiistrator Project Management Stan Thompson, Contract Adniiiiistrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: May 18th BOCC Meeting Attached is a copy of the following executed item, for your handling: D21 5th Arnendrnent to the Contract Agreement for Engineering Design and Permitting Ser-N11ices for the Rowell's Waterfront Park development with S&ME, Inc. iii the, not -to -exceed, amount of $21,500.00. This atnendrnent is fiuided 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 500 Whitehead Street Key West, Florida 33040 305-294-4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305-289-6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145 FIFTH AMENDMENT TO THE CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR ROWELL'S WATERFRONT PARK This Fifth 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 18°i day of May 2022, 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Agreement as follows: Witnesseth WHEREAS, on June 21, 2017, the BOCC approved a Contract Agreement with the Consultant (rescinded and replaced from the BOCC action on May 17, 2017) for the engineering design and permitting through construction administration for the development of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 restroom building; and WHEREAS, on September 15, 2021, a Second Amendment to the Contract Agreement was entered into adding services to assist in the preparation and submission of a special grant called the Community Development Block Grant Coronavirus Relief (CDGB-CV); and WHEREAS, on October 20, 2021, a Third Amendment to the Contract Agreement was entered into adding design of a site layout and opinion of probable construction cost estimate as required by the special CDGB- CV grant; and WHEREAS, on November 17, 2021, a Fourth Amendment to the Contract Agreement was entered into adding design services for Phase 11 of the redevelopment of the park including expanded parking areas, office/restroom building, multi -use path and event lawn; and WHEREAS, the original survey obtained by the County and submitted with the building department application was in the incorrect datum- requiring a conversion by the surveyor to convert the survey from NAVD88 datum to NGVD29 datum; and WHEREAS, the County has requested that a video surveillance system be added to the entire park including remote access of the video feed. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 1) In accordance with Article I11, Additional Services, Subsection 3.1, of the Contract Agreement, Consultant shall provide the following services: a. An updated certified survey converting the survey datum from NAVD88 to NGVD29. Page 1 of 2 b. Design of a Video Surveillance System for the entire park. Complete Low Voltage cable and wireless backbone infrastructure to provide transport of IP signals for the solution. Remote viewing of the system from the County hub in Marathon for remote users. 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 -One Thousand, Five Hundred and 00/100 Dollars ($21,500.00) paid monthly on a percent complete basis for each task, as described above in the Scope of Work, for the following services: a. Survey - $2,250.00 lump sum paid upon completion and receipt of updated certified survey and upon approval by the Director of Project Management. b. IT, Data, and Security Drawings for Video Surveillance System - $19,250.00 not -to -exceed paid on a percent complete of services and upon approval by the Director of Project Management. 3) In all other respects, the original Contract Agreement dated June 21, 2017, as first amended on June 7, 2018, as second amended on September 15, 2021, as third amended on October 20, 2021, and as fourth amended on November 17, 2021, remains unchanged. Date: l I ZcrL u_ r _ Witness to Consultant: By: causes this Fifth Amendment to the Contract Agreement to be ative on the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: MJr J ay66Aian MONROE COUNTY ATTORNEYS OFFICE J,� J APPROVED AS TO FORM .-�TOOOUNTYATTORNEY DATE: CONSULTANT: S&ME, Inc. By: Title: Title: L-'A� Page 2 of 2 ACOR" CERTIFICATE OF LIABILITY INSURANCE Ill 7/1/2022 ATE D8/19/ IDDIYWY) 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 INSURERS), 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 LOckton Companies CONT NAMEACT 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 PHONE FAX No Ext : A/C, Na E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company 20508 INSURED S&ME INC. 1492483 1615 EDGEWATER DRIVE, SUITE 200 INSURER B : Travelers Property Casualty Co of America 25674 INSURER C : American Casualty Company of Reading, PA 20427 INSURER D : Lexington Insurance Com an 19437 ORLANDO FL 32804 INSURER E : National Fire Tnsurance 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS E X COMMERCIAL GENERAL LIABILITY Y N 6042844344 7/1/2021 7/1/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGES( RENTED PREMISES Ea occurrence)$ 1,000,000 Approved Risk Management MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 �r j, ui GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 � JPRO- POLICY �X LOC OTHER: 11-19-2021 PRODUCTS - COMP/OP AGG $ 2,000,000 F $ A AUTOMOBILE LIABILITY Y N BUA 7015184548 7/1/2021 7/1/2022 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS X PROPERTY DAMAGE Per accident $ XrXrXXrXrXrXr HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $XXXXXXX B X UMBRELLA LAB X OCCUR N N CUP-2S937960-21-NF 7/1/2021 7/1/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DEDT X RETENTION $ 10,000 $ XXXXXXX C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N I A N WC7015154143 7/1/2021 7/1/2022 PER X STATUTE OER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D PROFESSIONAL N N 031565551 7/1/2021 7/1/2022 $5,000,000 PER CLAIM / $5,000,000 LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 20141338 - ROWELL'S WATERFRONT PARK. MONEROE COUNTY AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS OFFICERS ANE EMPLOYEES ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, IF REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 17777737 MONROE COUNTY BOARD OF COUNTY COMMTSSIONER S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I100 WTMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRIESENTATIIj V7 ACORD 25 (2016/03) CI 1988015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD