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Item C09 C.9 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: C.9 Agenda Item Summary #11921 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 8527173 N/A AGENDA ITEM WORDING: Approval of Amendment 7 to the Agreement with EAC Consulting, Inc. for engineering design of the First Street and Bertha Street Roadway Improvement Project (Key West) to add post design services due to extended construction contract time in the maximum not to exceed amount of$6,888.00, revising the total contract amount to $521,027.16. ITEM BACKGROUND: Amendment 7 adds additional post design services needed to address ongoing construction issues including pipe liner repair methodology review and approval, final as-built preparation in CADD and additional time and effort required for FDOT SCOP grant closeout requirements. The amendment deletes the RRFB design scope that was added via Amendment 6 at the request of the City of Key West. The funds associated with the RRFB scope were reallocated to other project tasks in accordance with the contract provisions. PREVIOUS RELEVANT BOCC ACTION: July 20, 2022-the BOCC approved Amendment 6 to the contract with EAC Consulting, Inc. for additional post design services due to City of Key West change order in the maximum not to exceed amount of$14,312.00, revising the total contract amount to $514,139.16. April 20, 2022—the BOCC approved Amendment 5 to the contract with EAC Consulting, Inc. for additional post design services due to change orders and project complexity in the maximum not to exceed amount of$16,000.00, revising the total contract amount to $499,827.16. October 20, 2021 —the BOCC approved Amendment 4 to the contract with EAC Consulting, Inc. for additional design services in the maximum not to exceed amount of $2,612.00 to relocate a bus shelter as requested and paid for by the City of Key West, revising the total contract amount to $483,827.16. August 18, 2021 —the BOCC approved Amendment 3 to the contract to add $9,594.00 in post design services; specifically, City requested landscape cutouts and drainage structure S-20 change order revisions, revising the total contract amount to $481,215.16. November 20, 2019 —the BOCC approved Amendment 2 to the contract to add the additional survey services by the EAC subconsultant, Longitude Surveyors in the amount of $3,451.55, which reallocated funds from the Storm Water Pump Station Design task resulting in no increase to the Packet Pg. 321 C.9 base contract amount, to allow the COUNTY to tie into the CITY's Dennis Street pump station as part of this project. January 23, 2019 —the BOCC approved Amendment 1 to the contract with EAC Consulting, Inc. for additional engineering design for City of Key West (City) requested improvements to the sidewalks and traffic control devices maintained by the City as part of the 1st Street/Bertha Street Roadway Improvement Project in the maximum not to exceed amount of$20,495.00 revising the total contract amount to $471,621.16. May 16, 2018 — The BOCC approved a contract with EAC Consulting, Inc. for Engineering, Design, Permitting and Post Construction Services for the lst Street/Bertha Street (Key West) Roadway Improvement Project in the maximum not to exceed amount of $451,126.16, including optional services in the amount of$104,352.35. October 18, 2017 — The BOCC approved negotiations with EAC Consulting, Inc., the highest ranked respondent to the RFQ for engineering design and permitting services for the project. CONTRACT/AGREEMENT CHANGES: Additional post design services $6888 due to construction incomplete STAFF RECOMMENDATION: Approval of Amendment 7 to contract with EAC Consulting, Inc. DOCUMENTATION: EAC EXEC First St Bertha St Amendment 7-Notarized EAC 1st& Bertha- 6 Amendments & Task Order- FINANCIAL IMPACT: Effective Date: April 19, 2023 Expiration Date: 30 days after final completion and final approval of construction by FDOT. Total Dollar Value of Contract Amendment 7: $6,888.00 Total Cost to County: $6,888.00 Current Year Portion: $6,888.00 Budgeted: yes Source of Funds: 304-27003-CR1605 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: no If yes, amount: Grant: no County Match: n/a Insurance Required: yes Additional Details: Amendment 7 to EAC engineer of record design contract to add effort due to construction contract not complete and FDOT SLOP grant closeout requirements. 04/19/23 304-27000 - TRANSPORTATION PROJECTS $6,888.00 KW requested items RRFB and markings Packet Pg. 322 C.9 REVIEWED BY: Judith Clarke Completed 04/04/2023 10:52 AM Christine Limbert Completed 04/04/2023 1:49 PM Purchasing Completed 04/04/2023 1:56 PM Budget and Finance Completed 04/04/2023 2:01 PM Brian Bradley Completed 04/04/2023 2:02 PM Lindsey Ballard Completed 04/04/2023 2:36 PM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 323 oocuaign Envelope ID:r,3*oA4a1onx-4o11+xnoo-6soz2npo*n7o MONROE COUNTY BOCC AND EAC CONSULTING, INC. FOR THE 1 S'STREET/BERTHA STREET(KEY WEST) ROAD IMPROVEMENT PROJECT AMENDMENT 7 TO THE CONTRACT FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN 0 THIS AMENDMENT 7to the CONTRACT ia entered into this day of 2023, between Monroe � County,whose address io 11OO Simonton Street, Room 2'21O Key West, Florida 33O4O. hereafter the"COUNTY"and EAC Consulting, Inc. (EAC). o Corporation of the State ofHohda. whose address io 5Q5Q Blue Lagoon Drive. Suite41O. Miami', FL3312O' hareaftarrefenedtoae"CONSULTANT~ 0 WHEREAS, on the 16th day of May 2018,the parties executed a contract authorizing the Consultant to perform E Professional Services for the Design and Permitting Services forthe 1st Street/Bertha Street(KeyWest)Road Improvement Project, for a sum not to exceed $451,126.16 (which includes optional services of$18,210.00 for Sea Level Rise Analysis and $OG'142.35 for Storm Water Pump Station Design); and WHEREAS, on the 23rd day of January 2019, the parties executed AMENDMENT I to the contract to add design 0 and permitting to the scope as requested by the City of Key West (C|TY) for physical improvements including sidewalks and traffic control devices in the amount of$20,495.00, which revised the total contract amount to $471,621.16 and which was also implemented through an |nhar|oca|Agreement between the CITY and the COUNTY; and �0 WHEREAS, on the 20th day of November 2019, the parties executed AMENDMENT 2 to the contract to add the additional survey services by the EAC subconsultant, Longitude Surveyors in the amount of$3,451.55, which reallocated funds from the Storm Water Pump Station Design took resulting in no increase to the base contract amount, to allow the COUNTY to tie into the CITY's Dennis Street pump station as part of this project; and WHEREAS, on the 18th day of August 2021' the parties executed AMENDMENT 3 to the contract to add ^� $9.594.00 in change order 1 post design services that are additional to the original contract task order scope, and �� WHEREAS, on the 20th day of October 2021, the parties executed AMENDMENT 4 to the contract to add City of Key West scope for Bus Shelter Foundation Design Services in the amount of $2.812.00; andCL VVHEREAS, on the 20th day of April 2022. the parties executed AMENDMENT to the contract to odd post design services required due to change orders and project complexity in the amount of$16,000.00; and WHEREAS, on the 20th day of July 2022, the parties executed AMENDMENT 6 to the contract to add post design services required due to City change order for design and construction services of Bertha Street and Atlantic Z Boulevard RRFB(rectangular rapid flashing beacon), Stop Control and Pedestrian Crossing in the amount of$14,312.00; and WHEREAS this AMENDMENT 7 adds post design services due to extended construction contract past last allowable day of March 5. 2023' RF| during construction that exhausted remaining funds, FDOT SCOP grant closeout requirements and deletes Amendment 8RRFB scope per the City; and � � NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CONSULTANT agree to amend: Article 11—Scope of Basic Services 2.1 delete Amendment 6 design and construction services for Bertha Street — and Atlantic Boulevard RRFB(rectangular rapid flashing beacon) scope previously approved on July 20, 2022 in the amount of$7.150 and reallocate that amount to previously completed other tasks; and U- Artio|eV||. Componoetion, Paragraph 7.1.1 of the contract, as follows: Amendment 7—sAC Engineering Design and Permitting Services 1"'Street/Bertha Street Project °~ April 1e.u0xa nuouuign Envelope ID:7rn4ox4n1ocu-4s11fmoo-6ono2oeB^o7s Soo of Work andFee Proposal: 1 Remaining Post-Design Support Services for 2-months @ 8-Hrs/ Month x$186.00 Hr $2,976.00 Final Site Visit Walkthrough x 1 Staff x 12 Hrs Roundtrip (8 Hours Travel Time +4 TaskI Description Fee 0 � Total(Maximum, Not to Exceed) $6,888.00 (3 E Total Contract Amount ao amended previously $514.139.10 Amendment 7-� �8.888�00 o Total Revised Contract Amount $521,027.16 < W In all d respects, �0 U 18. 2O21. October 2O. 2021' April 2O. 2O22. and July 2O22. remains in full force and effect. The individual itemized hour and total amounts are estimates and may be adjusted as needed with prior approval by the County Engineer as long as the total revised contract amount of$521,027.16 is not exceeded. This Amendment 7im effective April 1Q'2O23. < � 76 In WITNESS VVHEREOF, each party hereto has caused this contract to be executed by its duly authorized representative. CL CL BOARD OF COUNTY COMMISSIONERS OF EAC Consulting, |no, MONROE COUNTY, FLORIDA Consultant BY: BY: -� Mayor/Chairman TITLE: Senior Vice President MOmxvs COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY DATE _4/3/23 ^/ � (SEAL) Subscribed and swmm10(or a�rmed)b�orome, by means nf=�� physical presence orJ] online notarization,nn the foregoing instmm�pwas acknowledged before me � Attest: KEV|NMADOK. Q �� Clerk this F day of 2023. by LL BY: Who is Vfperso ally known to me or who produced a X As Deputy Clerk W DATE: FI]d Notary Public-state of Florida NOTAR\?—P7[LlqWATE OF FL 0 :, 2 Print,ty stamp commissioned bt omm,Expires Aug 29,2024 0 Bonded through National Notary Assn.. E Amendment 7-EAC-Engineering Design and Permitting Services 1 st Street/Bertha Street Project ~~ April 1e.on2n DocuSign Envelope ID:7734DA43-18C2-4611-A353-6502239B4076 C.9.a EACCONS-01 J CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD YYY) 6/28/2022 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. 0 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on U this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT ' NAME: Ames&Gough PHONE FAX O 8300 Greensboro Drive (A/c,No,Ext):(703)827-2277 (A/C,No):(703)827-2279 Suite 980 ADDRIEss:admin@amesgough.com c3 McLean,VA 22102 r. INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hartford Underwriters Insurance Company A+(XV)30104 INSURED INSURER B:Trumbull Insurance Company A+ XV 27120 EAC Consulting,Inc.5959 Blue Lagoon Drive INSURER c:Hartford Casualty Insurance Company A+ XV 29424 U) � Suite 410 INSURER D:Twin City Fire Insurance Company A+ XV 29459 O Miami,FL 33126 INSURER E:Travelers Casualty&Surety Co.of America A++,XV 31194 L) t,3 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: UU THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD O 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 LTRTYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A, X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR DAMAGE TO RENTED 42UUNOL5044 7/1/2022 7/1/2023 PREMISES Ea occurrence $ 300,000 E 16K IT MED EXP(Any oneperson) $ 10,000 mm PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: ,�.,�.., •" - 2,000,000 > PRO- DA, . 2022� GENERAL AGGREGATE $ POLICY JET PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: X R LOC 2 9 � �...m�..,..�w.,_�,.C CL B AUTOMOBILE LIABILITY �� '" - COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO 42UENOL5166 7/1/2022 7/1/2023 BODILY INJURY CP,,person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY AMAGE ' AUTOS ONLY AUTOS ONLY Per accident $ $ O C+ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ S,000,OOO a EXCESS LIAB CLAIMS-MADE 42XHUOL5045 7/1/2022 7/1/2023 AGGREGATE $ 5,000,000 , DED X RETENTION$ 10,000 D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE 42WEOL6H10 7/1/2022 7/1/2023 1,000,000 c Mandatory in NE)EXCLUDED? N/A E.L.EACH ACCIDENT $L.E. DISEASE-EA EMPLOYE 1,000,000 $ E If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT , E Professional Liab. 107279653 7/1/2022 7/1/2023 Per Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:EAC Project#17078.HW01-00—Monroe County RFQ-13-0-2017-Professional Services for Engineering Design and Permitting for the 1st Street/Bertha Street(Key West)Roadway Improvement Project Monroe County BOCC is included as additional insured with respects to General Liability and Auto Liability when required by written contract.General Liability and Automobile Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. U UU UU CERTIFICATE HOLDER CANCELLATION < UU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. E Insurance Compliance PO Box 100085-FX c5 Duluth,GA 30096 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 326