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#05th Amendment 10/19/2022 GP Kevin Madok, cpA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: November 2, 2022 TO: Rhonda Haag Cluci'Resilience 01licer Lindsey Ballard Aide to the County Administrator Paunch G. Hai (',ki FROM: ico , ).C. SUBJECT: October 19' BOCC Meefing Attaclied is aii electronic copy of die folloming item I'Or your handling: Q4 5di Amendment under die contract with HDR, Inc. for $21,488.10 for the Roads Vulnerability Analysis and Capital Plan for County-nianitained roads and related services, for additional services for grant I)rcl)arafioii of flie Flagler Avenue Road Adaptation Project under (lie FEMA Building Resilient Infrastructure and Coninitinifics Program, retroactive to ()ctober 3, 2022. Sliould you leave any questions please feel free to contact me at (305) 292-3550. cc: Count),Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West,Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT NO. 5 TO THE AGREEMENT FOR SEA LEVEL RISE VULNERABILITY ANALYSIS AND PLANNING FOR COUNTY MAINTAINED ROADS INFRASTRUCTURE ADAPTATION BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND HDR ENGINEERING INC. This AMENDMENT NO. 5 ("Amendment") is made and entered into this 19th day of October 2022, to that Agreement dated May 22, 2019 as amended November 17, 2020 under Amendment No. 1, April 21, 2021 under Amendment No. 2, November 17, 2021 under Amendment No. 3, and June 15, 2022 under Amendment No. 4 (cumulatively, "Agreement") by and between Monroe County "COUNTY," and HDR Engineering, Inc. "CONSULTANT". WITNES SETH: WHEREAS, the COUNTY recognized the need for immediate, coordinated, and visionary action to address the impacts of a changing climate and ensure the COUNTY provides for resilience for its more than 300 miles of roads infrastructure; and WHEREAS, the recommendation for a Roads Adaptation Plan is Green Keys item 2-14, which specifies that the County shall conduct a County-wide roads analysis to identify near-term roads subject to inundation risk, including nuisance flooding, and that include related green infrastructure where appropriate; and WHEREAS, the CONSULTANT is successfully providing the professional services under the AGREEMENT; and WHEREAS, the County is in need of professional technical support for the preparation of the Building Resilient Infrastructure and Communities (BRIC) grant application package for the Flagler Avenue road adaptation project located in Key West; and WHEREAS, the CONSULTANT agrees to provide the necessary support to the County in an accurate and timely manner. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1. Articles 1.1.1, 2.1, 7.1, and 7.2.1 in the AGREEMENT are amended as follows: ARTICLE I 1.1 REPRESENTATIONS By executing this Agreement, CONSULTANT/CONSULTANT makes the following express -1- representations to the COUNTY: LI.I The effective date of this AMENDMENT NO. 5 shall be retroactive to October 3, 2022. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S revised Scope of Basic Services consist of those described in attached Exhibit A-5. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM The COUNTY shall pay the CONSULTANT for the CONSULTANT'S performance of this Amendment No. 5 an amount not to exceed Twenty-one Thousand Four Hundred Eighjy-eight hg t and Ten Cents ($21,488.10). The total Agreement is not to exceed $2,093,666.85, which includes the amount of $1,904,499.67 for Required Services and an amount not to exceed $189,167.18 for Optional Services. The Contract Sum shall not exceed this amount unless amended by formal approval of the Monroe County BOCC. No charges shall be incurred by the County other than products or services that were ordered, provided and agreed upon by the COUNTY. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid according to the revised Deliverable Schedule attached as Exhibit B-5, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes.Payments will be lump sum or time and materials, as indicated in Exhibit B-4. Partial payments of tasks and deliverables shall be allowed for any item over $5,000. The Provider shall submit to the COUNTY an invoice with supporting documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Sustainability Director will review the request, note her approval on the request and forward it to the Clerk for payment. 7.2.2 Exhibits A-5 and B-5 attached to this Amendment are added to the Agreement. 7.2.3 All other provisions of the AGREEMENT dated the 22"d day of May 2019 and amended November 17,2020,April 21,2021,November 17, 2021, and June 15,2022 not inconsistent herewith, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. -2- N ESS WHEREOF, each party has caused this Agreement to be executed by its duly t representative on the day and year first above written. COUNTYBOARD OF S ® VIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By:_("' _.. sµDeputy/ Lm........... - - y: -- ? — Mayor David Rice Date:— .� �, s e��.� I ~ l- 9 - d ............0;. ., V o Pop (Seal) sr:. v�,�lt- HDR . Attest: "; SYA tC RP v: y: Title: Elizabeth C. uell Assistant Secretary Title: Vase President c". rv° Approved as to form and legal sufficiency: Monroe County tto ey's Office 10- -222 -3- EXHIBIT A-5 Monroe County Roadway Vulnerability Analysis and Capital Plan Support Services Extension Scope of Services REVISED: September 27, 2022 The following tasks are added through this Amendment. All other tasks from Exhibit A in the original Agreement as well as Exhibits A-1, A-2, A-3, and A-4 in prior amendments, remain unchanged. This scope is for the provision of professional services provided by HDR Engineering, Inc. (HDR) for the Monroe County (County)Roadway Vulnerability Analysis and Capital project 2022 Building Resilient Infrastructure and Communities (BRIC) grant preparation support. The roadways maintained by the County were evaluated under this study and a series of Technical Memorandums were produced providing information on the vulnerable and critical roadway areas for County use. 1. Task 1: Grant Preparation Prepare the application for the Building Resilient Infrastructure and Communities (BRIC) grant as part of the FEMA Grant Application Assistance Program. The application is for the Flagler Avenue road adaptation project located in Key West. Grant preparation shall include submittal of the project into information into a draft form for final review by the County prior to entry of that information into the FEMA GO web portal and subsequent entry into the portal HDR will reference and use all available information from the Monroe County Roadway Vulnerability Study in addition to preparing the Benefit Cost Analysis in accordance with BRIC requirements. Deliverable: Draft and final grant application information in Word document form and confirmation email of grant submittal into the portal per application. -4- Exhibit B-5 Monroe County Roadway Vulnerability Analysis and Capital Plan Delivery Schedule Revised— September 27, 2022 The following tasks with associated delivery schedules are added through this Amendment. All other tasks from Exhibit B in the original Agreement as well as Exhibits B-1, B-2, B-3, and B-4 in prior amendments, remain unchanged. Required Services Scope of Work (Deliverables) Amount Due Date Task 1: Grant Preparation: NTE: To COUNTY: Prepare one application for the Building Resilient $21,488.10 November 9, Infrastructure and Communities (BRIC) grant program. (Time & 2022 Draft application deadline to County is November 9, 2022. Materials) Application submittal deadline to FDEP is November 14, To FDEP: 2022, and the FEMA Application Submittal Deadline is November 14, January 27, 2023. The team will provide draft grant 2022 by 5:00 application information in word document form and P.M. confirmation email of grant submittal for each application. Team will address any questions or requests for To FEMA: missing/additional information for the grant applications. January 27, 2023 by 3:00 P.M. -5-