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05/17/2023 Agreement
COUR'. Kevin Madok, cpA Y Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: Mav 18, 2023 TO: Cary Kulglit, Director Project Maiiagciiiciit Breaurie Erickson, Contract/Budget Administrator Project Maiiageiiieiit Stau'lliouipsoll, Contract Administrator Project Manageiiierit ,2 FROM: I)anicla G. Hmic4iP4. SUMECT: May 17' BOCC Meetilig Attached arc electronic copies of the 1`01loiviug items for your limi(lliiig: C 6 1` Modification to the Hazard Mitigation Graut Program (HM(;P) Grant Agree iiieiit 433 7-066-A betwecii the Count}' mi(l (lie Floni(la Divisloii of iriergericy Mauageiiieiit ( EM) to construct the ucN%, Eiiiergericy 0peratious Ceiitcr in Maratliou. 'I'lils uio(lifica(1011 approves the 211(l Hicreincii(al obligation froui FEMA ol'$3,809,523.23. Tlie iiialcli for these le(leral luu(Is conics from other grant sources, iiiiiiiiiiiziiig dic use of Count capital luii(ls. Sub- rccipicut inmiageiiieut cost (SRNIC) luu(Is iii the grant ($tl4,177.83) require uo iiiatcli. Please be sure to provide our offce with a copy of the fully executed document once steed by the state. C20 Task Order mitli McFarlau(IJohnson, 111c. in (lie amount ol'$26t,003.00 for(lesigii and cupiuccniug senices related to various projects llui(le(l by the Aincricari Rescue Plan Act (ARPA) grant. This task order is luii(le(l by ARI)A grants. C21 Task Order i6t1i Beri(ler& Associates Arcliltects, P.A. for the Arcliltectural Desigri and EugHicerlug offlic Veteran's Memorial Park Restrooin Rcl)lacciiieiii project for $212,76 1. 'Flus project is part of the Hurricane li-iiia recovery effort. Slioul(l you have and, questions please feel free to contact ine a( (305) 292-3550. cc: Courtly Attorriev Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 3300 Plantation Key, Florida 33070 TASK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN MONROE COUNTY AND BENDER &ASSOCIATES ARCHITECTS, P.A. FOR THE VETERAN'S MEMORAL PARK RESTROOM REPLACEMENT In accordance with the Agreement for Professional Architectural and Engineering Services, made and entered into on January 18,2023, ("Agreement"),between MONROE COUNTY, ("County") and BENDER & ASSOCIATES ARCHITECTS, P.A., ("Consultant"), where professional services are allowed if construction costs do not exceed $4,000,000.00, or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00 ("Agreement"). All terms and conditions of the Agreement apply to this Task Order, unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement, in which case,the provision or Article will be specifically referenced in this Task Order and the amendment, addition, or modification shall be precisely described. This Task Order is effective on the 17th day of May 2023. WHEREAS, Veteran's Memorial Park sustained heavy damage during Hurricane Irma including substantial damage to the ground level restroom building; and WHEREAS, it was originally expected that the restroom building could be repaired, however due to the extent of the damages, a building permit could not be issued without the building meeting current building code including flood elevation. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Article II, SCOPE OF BASIC SERVICES of the Agreement, the Consultant will provide design services through construction administration to facilitate the replacement of the restroom building at Veteran's Memorial Park. The proposed restroom is located in an AE-7 and AE-8 flood zone, so the structure and components must be able to be permitted as such. The building will require a ramp and stairs for access. The desire is to place the new facility just northwest of the existing structure. The exterior of the new restrooms will have rinsing showers. The proposed restroom building will be located directly under the main Keys Energy power tie-line feeding the Florida Keys. Coordination with Keys Energy will be required to establish setbacks and determine exact location of the new building. Page 1 of 3 Consultant shall utilize services of various subconsultants to assist with the complete design of the new building including civil engineering, geotechnical reporting, structural engineering, mechanical, electrical, and plumbing (MEP) engineering, surveying, and landscape architecture. Services and/or Deliverables provided shall include: • Site visit& kick-off meeting with County Staff • Verification of existing conditions for design and demolition plans • Planning, research, and coordination with Keys Energy Services • Schematic design & code analysis report • Architectural Demolition documents • Architectural Construction documents • Specifications • Project coordination • Attendance at Pre-Bid Meeting onsite • Response to pre-bid RFIs and review of addenda • Review and recommendation of bids received • Construction Administration Services — including jobsite meetings, responding to RFIs, Payment Application review/approval, and assistance with closeout documents. 2. In accordance with Article VII, Paragraph 7.1.1 of the Agreement, the County shall pay the Consultant a lump sum total of Two-Hundred Twelve Thousand, Seven-Hundred Sixty- Four and 00/100 dollars ($212,764.00)paid on a percent complete basis for the following phases: a. Schematic Design&Planning Approval - $43,889.00 upon completion of site visit, document review and approval by the Director of Project Management. b. 65% Construction Documents - $50,875.00 upon document review and approval by the Director of Project Management c. 100% Construction Documents - $70,315.00 upon document review and approval by the Director of Project Management d. Bidding Phase- $14,495.00 upon completion e. Construction Phase Contract Administration- $33,190.00 upon project completion All other Terms and Conditions of the Agreement remain unchanged and in full forces and effect. [signature page to follow] Page 2 of 3 ESS WHEREOF,each party caused this Task Order to be executed by its duly authorized ve, BOARD OF COO Y COMMISSIONERS VIN MADOK,Clerk OF MONRO ` , ,NTY, FL D st* 0' 4' r 'L By: 400 n. y —5 IC As Deputy Clerk ayvor/Chainnan Date: MAyj7, 2023 MONROE COUN7Y ATTORNEYS OFFICE _ APPROVED AS TO FORM '��T�ANT 00�UffrY �r1 DATE: --4-28-2023_ CONSULTANT: A S AR HIT Consultant's Witness Attest: BE y: 'NDER&ASSOCI R7 ECTS,P.A. B —D-L� By: David Salay Printed Name: Printed Name: David Salay Title: Vw&y1",P-K Title: Architect, Partner r -may :3C r7l C:) ti -'D Page 3 of 3 ACoR" CERTIFICATE OF LIABILITY INSURANCE 702(MMIDD/Y/08/2OYY)Y 23 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: Erinn E Collinsworth Collinsworth Ins & Risk Mgmt Services In PHONE FAX P.O. Box 661628 A/C No Ext: (786) 930-4795 A/C ,No: (786) 930-4794 E-MAIL Miami Springs FL 33266 ADDRESS: erinn@collinsworthinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: The Phoenix Insurance Company 25623 INSURED (305) 296-1347 INSURER B: Travelers Cas & Surety Co 19038 Bender & Associates Architects, P.A. INSURERC: Travelers Property Casualty of 25674 410 Angela Street INSURER D: Liberty Insurance Underwriters 19917 Key West FL 33040 INSURER E7 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 17645 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 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE IX I OCCUR Y 660-8178X318 02/10/2023 02/10/2024 1 R E M SEE SOEaoN. ,D.nce $ 1,000,000 MED EXP(Any one person) $ 51000 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JJECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 p, ANY AUTO Y 660-8178X318 02/10/2023 02/10/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ C X UMBRELLA LIAB X OCCUR CUP-4K489840 02/10/2023 02/10/2024 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y/N UB-OK197735 02/10/2023 02/10/2024 X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F_N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 11000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Professional Liability AEXNYAB62TB003 02/10/2023 02/10/2024 Each Claim $ 2,000,000 Claims Made Basis Policy Aggregate $ 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) If required by written contract, Monroe County Board of County Commissioners is an additional insured, excluding professional services, on the General & Auto Liability. ,T I ,ry 2 . 14 2 3 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 Board of County Commissioners Attn: Project Manager 1100 Simonton St., AUTHORIZED REPRESENTATIVE Roo KeymWest6FL 33040 V vJh,�i( ` ©1988-2015 ACORD CORPORATION. All rights reserved. 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