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Item N14 N14 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: N14 2023-1046 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into Amendment No. 5A for $4,452.64 under the contract with HDR, Inc. for the Roads Vulnerability Analysis and Capital Plan for County-maintained roads for the preparation of the Florida Division of Emergency Management (FDEM) Hurricane Michael Grant Program (HMGP) application package for six adaptation projects identified under the Roadway Vulnerability Study,retroactive to May 2, 2023. ITEM BACKGROUND: This item is to amend the contract to add services for assistance in the preparation of the Florida Division of Emergency Management (FDEM) Hurricane Michael Grant Program(HMGP) application package for six adaptation projects identified under the Roadway Vulnerability Study. 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. 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 3719 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 (BRIC)program, retroactive to October 3, 2022. CONTRACT/AGREEMENT CHANGES: Additional services for grant preparation. STAFF RECOMMENDATION: Approval. DOCUMENTATION: HDR Amendment 5A_-_signed_by vendor-I.pdf FINANCIAL IMPACT: 3720 Effective Date: May 1 , 2023 Contract Expiration Date: June 23, 2023 $ Value of Amendment 5A: $4,452.64 Total Dollar Value of Existing Contract: $2,093,666.85 Total Cost to County: Fiscal Year Portions: N/A Budgeted: Yes Source of Funds: Account No. 102-22500-SC 00038 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,previously provided under the contract. Additional Details: 3721 AMENDMENT NO. 5A 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 21st 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, November 17, 2021 under Amendment No. 3, June 15, 2022 under Amendment No. 4, and October 19, 2022 under Amendment No. 5 (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 is in need of professional technical support for the preparation of the Florida Division of Emergency Management (FDEM) Hurricane Michael Grant Program (HMGP) application package for six adaptation projects identified under the Roadway Vulnerability Study; and WHEREAS, this new Amendment No. 5A supersedes approved Amendment No. 05; 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 -1- 3722 By executing this Agreement, CONSULTANT/CONSULTANT makes the following express representations to the COUNTY: I.LI The effective date of this AMENDMENT NO. 5A shall be retroactive to May 1, 2023. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S revised Scope of Basic Services consist of those described in attached Exhibit A-5A. 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 perfonnance of this Amendment No. 5A an amount not to exceed Twenty-five Thousand Nine Hundred Forty and Seventy-four Cents ($25,940.74). This includes the amount approved under Amendment No. 5 of $21,488.10 and an increase of$4,452.64. The total Agreement is not to exceed $2,098,119.49, which includes the lump sum amount and time and materials amount of$1,908,952.31 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-5A, 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-5A. 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-5A and B-5A 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, June 15, 2022, and October 19, 2022 not inconsistent herewith, shall remain in full force and effect. -2- 3723 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 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- 3724 EXHIBIT A- Amendment 5A Monroe County Roadway Vulnerability Analysis and Capital Plan Support Services Extension Scope of Services REVISED: April 25, 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, and A-5 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, for the continuation of professional technical support in the preparation of the Building Resilient Infrastructure and Communities (BRIO) grant application package for the Flagler Avenue road adaptation project located in Key West and the addition of Florida Division of Emergency Management (FDEM) Hurricane Michael Grant Program (HMGP) project information package 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 (BRIO) 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. 2. Task 2: Grant Support Document Preparation Prepare the application for the Florida Division of Emergency Management (FDEM) Hurricane Michael Grant Program (HMGP) project information package. Prepare project scope of work, project location map, and updated cost estimate using the latest FDOT historical unit prices for the Stillwright Point,Winston Waterways, and the Key Largo Trailer Village communities in Key Largo, Jolly Roger Estates in Little Torch Key, Gulfrest Park in Big Coppitt Key, and Flagler Avenue in Key West. Deliverable: PDF file for Scope of Work, Project Location Map with Lat/Long reference points, and updated cost estimate for each adaptation project. -4- 3725 Exhibit B—Amendment 5A Monroe County Roadway Vulnerability Analysis and Capital Plan Delivery Schedule Revised—May 15, 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, and B-5 in prior amendments, remain unchanged. Required Services Scope of Work(Deliverables) Amount Due Date Task 1: Grant Preparation: NTE: $0 To COUNTY: (Time & November 9, Prepare one application for the Building Resilient Materials) 2023 Infrastructure and Communities (BRIC) grant program. Draft application deadline to County is November 9, 2022. To FDEP: Application submittal deadline to FDEP is November 14, November 14, 2022, and the FEMA Application Submittal Deadline is 2023 by 5:00 January 27, 2023. The team will provide draft grant P.M. application information in word document form and confinnation email of grant submittal for each application. To FEMA: Team will address any questions or requests for January 27, missing/additional information for the grant applications. 2024 by 3:00 P.M. Task 2: Grant Support Document Preparation: NTE: To COUNTY: $25,940.75 May 16, 2023 Prepare the application for the Florida Division of (Time & Emergency Management (FDEM) Hurricane Michael Materials) Grant Program (HMGP) project information package. Prepare project scope of work,project location map, and updated cost estimate using the latest FDOT historical unit prices for the Stillwright Point, Winston Waterways, and the Key Largo Trailer Village communities in Key Largo, Jolly Roger Estates in Little Torch Key, Gulfrest Park in Big Coppitt Key, and Flagler Avenue in Key West. Provision of PDF file for Scope of Work, Project Location Map with Lat/Long reference points, and updated cost estimate for each adaptation project. -5- 3726