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Item N09 N9 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: N9 2023-1076 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into Amendment No. 6 for $48,394.76 under the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads to finalize the policy recommendations and prepare Comprehensive Plan changes; and to extend the contract for 2 years to June 25, 2025. ITEM BACKGROUND: This item is to authorize the provision of professional services provided by HDR Engineering, Inc. (HDR) for the Monroe County (County) Roadway Vulnerability Analysis and Capital project for the the implementation framework for the Countywide Roads Vulnerability Analysis and update policy provisions to the Board of County Commissioners (BOCC) under the contract with HDR dated 5-22- 2019. 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. This item will further that work and update Policy and Code as necessary. PREVIOUS RELEVANT BOCC ACTION: 06-18-18: Approval to advertise a Request for Qualifications for professional services for a Sea Level Rise Resilience and Vulnerability Analysis for County Maintained Roads and Related Services. 02/12/19: Approval to negotiate in rank order with the firms responding to the Request for Qualifications for professional services for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services. 05/22/19: Approval of a contract with HDR, Inc., the highest ranked respondent for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services, in the amount of$1,708.491.66,plus $189,167.18 for optional services, totaling $1,897,658.84 over 3 fiscal years. 3612 12/11/19: Approval to expedite the analysis and modeling of the Stillwright Point neighborhood to determine the recommended adaptations, cost and related policy decisions, and report to the commission when completed. 06/17/20: Presentation and discussion of the road's adaptation analysis of the Stillwright Point neighborhood in Key Largo as part of the countywide study for the sea level rise vulnerability analysis for county-maintained roads. 11/17/20: Approval of Amendment No. 1 to the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services, to extend the contract from September 21, 2021 to December 21, 2021 at no cost. 04/21/21: Approval of Amendment No. 2 for $93,261.00 to the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services, to add 20 miles of roadway segments to the original 78 miles of County maintained roadways (98 miles total) into the Conceptual Engineering Design assessment. 06/21/2021: Resolution to affirm continuing the work being performed under the contract for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services contract with HDR. 10/21/21: Presentation of updates to the HDR Roads Vulnerability Analysis and Capital Plan for County-maintained roads, including conceptual designs, schedule, funding and outreach. 11/17/2021: Approval of Amendment No. 3 to the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services, to extend the contract from December 21, 2021 to June 24, 2022 at no cost to the County. 01/21/22: Approval of a$153,703.31 Task Order 4 to the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services, to provide conceptual design for the full number of miles of roads subject to inundation by 2045, retroactive to December 17, 2021; and authorization for the County Administrator to execute the Task Order. 10/19/22: Approval to enter into Amendment No. 5 for $21,488.10 under the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads and related services, for additional services for grant preparation of the Flagler Avenue road adaptation project under the FEMA Building Resilient Infrastructure and Communities (BRIO)program, retroactive to October 3, 2022. CONTRACT/AGREEMENT CHANGES: Additional services for policy work in the amount of$48,394.76. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Amendment 6 HDR.pdf 3613 FINANCIAL IMPACT: Effective Date: June 21, 2023 Contract Expiration Date: June 23, 2025 $ Value of Amendment 5A: $48,394.76 Total Dollar Value of Existing Contract: $2,146,514.25 Total Cost to County: Fiscal Year Portions: N/A Budgeted: Yes Source of Funds:001-05008 CPI: N/A Indirect Costs: None 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: 3614 AMENDMENT NO. 6 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. 6 ("Amendment")is made and entered into this 2 Pt of June, 2023, to that Agreement dated May 22, 2019 as amended November 17, 2020 under Amendment No. 1,April 21, 2021 under Amendment No. 2, and November 17, 2021 under Amendment No. 3, June 15, 2022 under Amendment No. 4, October 19, 2022 under Amendment No. 5, and June 21, 2023 under Amendment No. 5A (cumulatively, "Agreement"), by and between Monroe County "COUNTY," and HDR Engineering, Inc. "CONSULTANT". WITNESSETH: 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 subjectto 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 was presented with recommendations by the Consultant on February 15, 2023 at a presentation related to the policy implementation for the Road Vulnerability Analysis; and WHEREAS, the Consultant provided recommendations related to that presentation for the implementation framework for the Countywide Roads Vulnerability Analysis; and WHEREAS, due to the continuation of a comprehensive resiliency County approach that expands the Roadway Vulnerability Analysis and Adaptation Plan to the municipalities and beyond the County maintained roadways and the provision of support needed for the implementation framework for the Countywide Roads Vulnerability Analysis, the CONTRACT termination date is being extended by twenty-four months. 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: -t- 3615 ARTICLE I 1.1 REPRESENTATIONS By executing this Agreement, CONSULTANT/CONSULTANT makes the following express representations to the COUNTY: 1.1.1 The effective date of this AGREEMENT shall be June 21, 2023. The term of the AGREEMENT shall be extended by twenty-four months,terminating on June 25,2025,unless otherwise terminated as provided herein. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S revised Scope of Basic Services consist of those described in attached Exhibit A-6. 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. The CONSULTANT shall: 1. Finalize and bring back Comprehensive Plan recommendations for further consideration 2. Finalize and bring back Code-related changes for the Roads project for further consideration: a. Road design parameters b. Abandonment c. Voluntary dedications for roads d. Signage for flooding conditions 3. Update Public Works Manual, Roads and Bridges, Standard Specifications and Details, Part 2 Details. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM The COUNTY shall pay the CONSULTANT for the CONSULTANT'S performance of this Amendment No. 6 an amount not to exceed Forty-Eight Thousand Three Hundred Ninety-Four Dollars and Seventy-six Cents ($48,394.76). The total Agreement is not to exceed $2,146,514.25, which includes the lump sum amount and time and materials amount of$1,957,347.07 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-6, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. Payments will time and materials, as indicated in Exhibit B-6. Partial payments of tasks and deliverables shall be allowed for any item over $5,000. The Provider shall submit to the -2- 3616 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-6 and B-6 attached to this Amendment are added to the Agreement. 7.2.3 All other provisions of the AGREEMENT dated the 22nd day of May, 2019 and amended November 17, 2020, April 21, 2021, November 17, 2021, June 15, 2022, October 19, 2022, andJune 21, 2023 not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By: By: As Deputy Clerk Mayor Craig Cates Date: (Seal) HDR ENGINEERING, INC. Attest: BY: By: ` ✓ >. , Title: Title: Katie E. Duty-Vice President Approved as to form and legal sufficiency: Monroe County Attorney's Office 6-6-2023 -3- 3617 EXHIBIT A-6 Monroe County Roadway Vulnerability Analysis and Capital Plan Support Services Extension Scope of Services REVISED: April 11, 2023 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, A-4, A-5 and A5A 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 the implementation framework for the Countywide Roads Vulnerability Analysis and update provision to Board of County Commissioners (BOCC). 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. An initial implementation framework was provided consistent with Task 4 to be included into the final report. 1. Task 1: Finalize Research and Develop Draft 1 Policy Recommendations Finalize legal and case study research to prepare Draft 1 of the following work products: 1. Finalize and bring back Comprehensive Plan recommendations for further consideration 2. Finalize and bring back Code-related changes for the Roads project for further consideration: a. Road design parameters b. Abandonment c. Voluntary dedications for roads d. Signage for flooding conditions 3. Update Public Works Manual, Roads and Bridges, Standard Specifications and Details, Part 2 Details.' Deliverable: Draft 1 of the above policies and research memorandum. 2. Task 2: Coordinate with legal and planning staff on policy changes Hold up to three (3) internal meetings with legal and planning staff to finalize Draft 1 work products and produce Draft 2. Deliverable: Draft 2 of the policies listed in Task 1. 3. Task 3: BOCC Presentation on Draft 2 of the implementation framework for the Countywide Roads Vulnerability Analysis Present the Draft 2 implementation framework to the BOCC for Commissioner and public input. Deliverable: Attend and provide Power Point presentation to BOCC. The"Monroe County Public Works Manual,"was adopted in 1995 and the manual was adopted pursuant Section 19- 42 of the Code which also incorporates it by referenced. Section 19-42 states: "Revisions to the 1995 "Monroe County Public Works Manual'may be adopted by the board of county commissioners by resolution". -4- 3618 4. Task 4: Revise Draft 2 Implementation Framework based upon BOCC and Public Input at BOCC Presentation to Produce Final Publication/Adoption Policies Revise the Draft 2 implementation framework to finalize the policy documents for final adoption by the BOCC. Input will be provided on adoption Ordinance or Resolution documents(in the case of the Public Works Manual). Deliverable: Final publication drafts of Comprehensive Plan, Code and Public Works Manual. Edits to adoption Ordinance or Resolution documents. 5. Task 5: Presentations and Attendance at Policy Adoption Meetings or Hearings Attendance and presentation at the public hearing or BOCC Meetings for the adoption of the relevant Ordinance or Resolution for the implementation framework for the Countywide Roads Vulnerability Analysis. Deliverable: Attendance and presentations for the Ordinance or Resolution approvals for the implementation framework for the Countywide Roads Vulnerability Analysis. This is anticipated to include one meeting for the Comprehensive Plan amendment process, one meeting for the Code revisions and one meeting for the Public Works Manual or three(3)total meetings. -5- 3619 Exhibit B-6 Monroe County Roadway Vulnerability Analysis and Capital Plan Delivery Schedule Revised—April 11, 2023 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, B-4, B-5, and B- 5A in prior amendments, remain unchanged. Required Services Scope of Work (Deliverables) Amount Due Date Task 1: Finalize Research and Develop Draft 1 Policy NTE: 2/1/2024 Recommendations: $10,261.97 Draft 1 of the Task 1 policies and research memorandum. (Time & Materials) Task 2: Coordinate with legal and planning staff on NTE: 5/1/2024 policy changes: $8,265.24 Hold up to three (3) internal meetings with legal and (Time & planning staff to finalize Draft 1 work products and Materials) produce Draft 2. Task 3: Presentation on Draft 2 of the implementation NTE: 8/1/2024 framework for the Countywide Roads Vulnerability $9,114.02 Analysis: (Time & Attend and provide Power Point presentation to BOCC. Materials) Task 4: Revise Draft 2 Implementation Framework NTE: 10/1/2024 based upon BOCC and Public Input at BOCC $9,573.20 Presentation to Produce Final Publication/Adoption (Time & Policies: Materials) Final publication drafts of Comprehensive Plan, Code and Public Works Manual. Edits to adoption Ordinance or Resolution documents. Task 5: Presentations and Attendance at Policy NTE: 2/1/2025 Adoption Meetings or Hearings: $11,180.33 Attendance and presentations for the Ordinance or (Time & Resolution approvals for the implementation framework for Materials) the Countywide Roads Vulnerability Analysis. This is anticipated to include one meeting for the Comprehensive Plan amendment process, one meeting for the Code revisions and one meeting for the Public Works Manual or three (3) total meetings. -6- 3620