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Item F13
F13 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE 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 m' David Rice,District 4 Board of County Commissioners Meeting November 8, 2023 Agenda Item Number: F13 2023-1463 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Knight N/A AGENDA ITEM WORDING: Approval of a Fourth Amendment in the amount of$53,129.00 to the contract with Bender &Associates to provide A&E services for the HMGP Wind Retrofit project. This amendment adds additional services for the permit requirements. Funding provided by FDEM-HMGP grant(75%) and Local Match(25%). County portion will be paid by one cent infrastructure sales surtax. ITEM BACKGROUND: Additional services were identified for the permit requirements confirmed by the Chief Building Officials of Monroe County, the City of Key West, the City of Marathon and the Village of Islamorada. These Roof Application Standards (RAS), Testing Application Standards (TAS), Drainage Surveys and Asbestos Surveys are required engineering and physical testing to secure a roofing permit. The Florida Division of Emergency Management (FDEM), Mitigation Bureau, Hazard Mitigation Grant Program has awarded Phase I funding for design and engineering and permitting prior to Phase II approval for construction. The overall project consists of protecting all exterior openings of ten (10) Monroe County facilities with impact resistant windows and doors and retrofitting the existing roof in now nine (9) of the ten (10) facilities. The project intends to protect the integrity of the building envelopes and reduce potential damage from future wind events. The project is funded by a FDEM-HMGP grant with a 25% Local Match. PREVIOUS RELEVANT BOCC ACTION: 9/20/23 -Approval of a Third Amendment with Bender to add roof replacement designs to two additional building. 3/22/23 —Approval of a Second Amendment with Bender to add scope to include the Clock Tower at 878 the historic courthouse at Jackson Square 3/22/23 —Approval of a First Amendment with Bender&Associates to add testing & estimating services 8/17/22—Approval of a Contract with Bender &Associates 5/18/22—Approval to negotiate a Contract with Bender& Associates 3/16/22—Approval of Mod#1 to update the period of performance date 5/18/22—Approval to negotiate A&E services with Bender 12/8/21 —Approval of grant agreement 12/8/21 —Approval to advertise RFQ for A&E services CONTRACT/AGREEMENT CHANGES: This Amendment adds additional services for permit requirements. STAFF RECOMMENDATION: Approve DOCUMENTATION: C01—Bender_exp. 2.10.24.pdf Amendment#4-AE Service Wind Retrofit Bender—signed by Bender.pdf Amend#3-AE Services (Wind Retrofit of County Buildings) Bender Associates signed by Bender.pdf FINANCIAL IMPACT: Effective Date: 11/8/2023 Expiration Date: TBD Total Dollar Value of Contract: $1,636,349.00 Total Cost to County: $409,087.25 Current Year Portion: The $53,129.00 added by this amendment will occur in FY24 (County) Budgeted: Yes Source of Funds: CC_22578 (Grant+ Cap) and CC_24010 (Capital) FDEM-HMGP grant (75%) and Local Match(25%). County portion will be paid by one cent infrastructure sales surtax. 879 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: Yes - FDEM-HMGP grant(75%) County Match: Yes - 25% Insurance Required: Yes. COI is attached. Additional Details: 880 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. 16 BY- 71 ` E.,, 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. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 881 Page 1 of 1 FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS BETWEEN MONROE COUNTY AND BENDER&ASSOCIATES ARCHITECTS, P.A. This Fourth Amendment to the Agreement for Professional Architectural and Engineering Services dated August 17, 2022, ("Agreement") is made and entered into this 8" day of November 2023, by and between Monroe County ("County") and Bender & Associates Architects, P.A. ("Consultant"), in order to amend the Agreement as follows: WHEREAS, the parties entered into an Agreement on August 17, 2022, for the Consultant to provide professional architectural and engineering services for the facility assessment and design of wind-retrofits at 10 County buildings ("Project"); and WHEREAS,the parties executed a First Amendment to the Agreement on March 22,2023,to add additional services including Demolition and Patching for Investigative Testing and to revise the Cost Estimating Services; and WHEREAS, the parties executed a Second Amendment to the Agreement on March 22, 2023, to add additional services for storm hardening of the Clock Tower and the Historic Monroe County Courthouse in Key West; and WHEREAS, the parties executed a Third Amendment to the Agreement on September 20, 2023, to add additional services for replacing the roofs of the Ellis Building and the Marathon Government Center; and WHEREAS,the County desires to amend the Agreement to add additional services for the permit requirements confirmed by the Chief Building Officials of Monroe County,the City of Key West, the City of Marathon and the City of Islamorada. These Roof Application Standards (RAS), Testing Application Standards (TAS), Drainage Surveys and Asbestos Surveys are required engineering and physical testing to secure a roofing permit. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Article III of the Agreement, Consultant shall provide services required for permitting the roofs of the buildings within the scope of the project at an additional cost of$53,129.00. Services and deliverables shall include the following: 1 882 2. a. ELLIS BUILDING: Task Description Engineering Wood Blocking and Asbestos Survey $1,425 Drainage Survey and Calculations $1,150 Subtotal Testing Costs: $2,575 Bender& Associates 10% coordination fee $257 TOTAL COST TO CONDUCT TESTING: $2,832 b. FIRE STATION 9: Task Description Engineering Wood Blocking, Asbestos Survey, $2,350 TAS 105 Fastener Pull Test Drainage Survey and Calculations $2,800 Subtotal Testing Costs: $5,150 Bender& Associates 10% coordination fee $515 TOTAL COST TO CONDUCT TESTING: $5,665 C. FIRE STATION 17: Task Description Engineering Roof Attachment, wood Blocking, $3,150 Asbestos Survey, TAS 105 test on Steel Roof, TAS 105 test on wood roof Drainage Survey and Calculations $4,000 Subtotal Testing Costs: $7,150 Bender& Associates 10% coordination fee $715 TOTAL COST TO CONDUCT TESTING: $7,865 d. HARVEY GOVERNMENT CENTER: Task Description Engineering Wood Blocking, Roof Attachment, $2,900 Asbestos Survey Drainage Survey and Calculations $5,250 Subtotal Testing Costs: $8,150 Bender& Associates 10% coordination fee $815 TOTAL COST TO CONDUCT TESTING: $8,965 2 883 e. KEY WEST COURTHOUSE: Task Description Engineering Roof Attachment, Wood Blocking $2,625 Calculation, Asbestos Survey Drainage Survey and Calculations $2,500 Subtotal Testing Costs: $5,125 Bender& Associates 10% coordination fee $512 TOTAL COST TO CONDUCT TESTING: $5,637 f. LESTER BUILDING: Task Description Engineering Wood Blocking and Asbestos Survey $2,350 Drainage Survey and Calculations $2,750 Subtotal Testing Costs: $5,100 Bender& Associates 10% coordination fee $510 TOTAL COST TO CONDUCT TESTING: $5,610 9- MARATHON GOVERNMENT CENTER: Task Description Engineering Wood Blocking, Asbestos Survey, $2,150 TAS 105 Drainage Survey and Calculations $3,100 Subtotal Testing Costs: $5,250 Bender& Associates 10% coordination fee $525 TOTAL COST TO CONDUCT TESTING: $5,775 h. MARATHON TAX COLLECTOR/MCSO: Task Description Engineering Roof Attachment, Wood Blocking, $2,700 Asbestos Survey Drainage Survey and Calculations $3,850 Subtotal Testing Costs: $6,550 Bender& Associates 10% coordination fee $655 TOTAL COST TO CONDUCT TESTING: $7,205 i. PLANTATION KEY COURTHOUSE: Task Description Engineering Wood Blocking and Asbestos Survey $1,450 Drainage Survey and Calculations $1,300 Subtotal Testing Costs: $2,750 Bender& Associates 10% coordination fee $275 TOTAL COST TO CONDUCT TESTING: $3,025 3 884 J TAS 105 LAB TESTING: Task Description TAS 105 Fastener Withdrawal Test $500 Subtotal Testing Costs: $500 Bender& Associates 10% coordination fee $50 TOTAL COST TO CONDUCT TESTING: $550 3. Pursuant to Article VII, Section 7.1.1 thereof,the Agreement is amended to reflect the new Total Not-To-Exceed Amount of One Million, Six Hundred Thirty-Six Thousand, Three Hundred Forty-Nine and No Cents ($1,636,349.00). 4. Pursuant to Article VII, Section 7.1.1 of the Agreement, Attachment C is revised to read: Task Amount 1 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $498,303.00 SPEED AND 30% SCHEMATIC DESIGN 2 60% DESIGN DEVELOPMENT $194,689.00 3 90% CONSTRUCTION DOCUMENTS $273,340.00 4 100% CONSTRUCTION DOCUMENTS $99,547.00 5 PERMITTING $66,328.00 6 DEMOLITION AND PATCHING FOR INVESTIGATIVE TESTING $57,120.00 7 COST ESTIMATING SERVICES $95,479.00 8 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $18,480.00 SPEED AND 30% SCHEMATIC DESIGN FOR THE COURTHOUSE TOWER 9 60% DESIGN DEVELOPMENT FOR THE COURTHOUSE TOWER $40,985.00 10 TASK 3: 90% CONSTRUCTION DOCUMENTS FOR THE $44,741.00 COURTHOUSE TOWER 11 TASK 4: 100% CONSTRUCTION DOCUMENTS FOR THE $4,320.00 COURTHOUSE TOWER 12 TASK 5: PERMITTING FOR THE COURTHOUSE TOWER $4,093.00 13 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $39,764.00 SPEED AND 30% SCHEMATIC DESIGN FOR THE ELLIS BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 14 60% DESIGN DEVELOPMENT FOR THE ELLIS BUILDING $32,452.00 ROOFING AND MARATHON GOVT CENTER ROOFING 15 TASK 3: 90% CONSTRUCTION DOCUMENTS FOR THE ELLIS $54,781.00 BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 16 TASK 4: 100% CONSTRUCTION DOCUMENTS FOR THE ELLIS $20,880.00 BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 4 885 17 TASK 5: PERMITTING FOR THE ELLIS BUILDING ROOFING AND $27,768.00 MARATHON GOVT CENTER ROOFING 18 ELLIS BUILDING TESTING $2,832.00 19 FIRE STATION 9 TESTING $5,665.00 20 FIRE STATION 17 TESTING $7,865.00 21 HARVEY GOVERNMENT CENTER TESTING $8,965.00 22 KEY WEST COURTHOUSE TESTING $5,637.00 23 LESTER BUILDING TESTING $5,610.00 24 MARATHON GOVERNMENT CENTER TESTING $5,775.00 25 MARATHON TAX COLLECTOR/ MCSO TESTING $7,205.00 26 PLANTATION KEY COURTHOUSE TESTING $3,025.00 27 TAS 105 LAB TESTING $550.00 REIMBURSABLE EXPENSES (FOR ALL TASKS) $10,150.00 TOTAL $1,636,349.00 The remaining terms of the Agreement not inconsistent herewith remain in full force and effect. [Signature Page to Follow] 5 886 IN WITNESS WHEREOF, each parry has caused this Third Amendment to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date MEF ROE :O UNT'h'"ATTORNEYS�tl HFFNCE APPROVE[)A,5 TO FORM " u ALIT OIk1NAl"4'ATTORNEY f" DATjE: 9-26-2023 CONSULTANT'S Witnesses Attest: CONSULTANT: BENDER& ASSOCIATErCHITEI-TS, P.A. Consultant must provide two witnesssignatures Signature: Signature: Print Name: Print Name: Title: and Signature: Print Name: 6 887 THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR FACILITY ASSESSMENT AND DESIGN OF WIND-RETROFITS AT 10 COUNTY BUILDINGS BETWEEN MONROE COUNTY AND BENDER&ASSOCIATES ARCHITECTS, P.A. This Third Amendment to the Agreement for Professional Architectural and Engineering Services dated August 17,2022, ("Agreement")is made and entered into this 20th day of September 2023, by and between Monroe County ("County") and Bender & Associates Architects, P.A. ("Consultant"), in order to amend the Agreement as follows: WHEREAS, the parties entered into an Agreement on August 17, 2022, for the Consultant to provide professional architectural and engineering services for the facility assessment and design of wind-retrofits at 10 County buildings ("Project"); and WHEREAS,the parties executed a First Amendment to the Agreement on March 22,2023,to add additional services including Demolition and Patching for Investigative Testing and to revise the Cost Estimating Services; and WHEREAS, the parties executed a Second Amendment to the Agreement on March 22, 2023, to add additional services for storm hardening of the Clock Tower and the Historic Monroe County Courthouse in Key West; and WHEREAS, the County desires to amend the Agreement to add additional services for replacing the roofs of the Ellis Building and the Marathon Government Center. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Article III of the Agreement, Consultant shall provide design through permitting for replacing the roofs of the Ellis Building and the Marathon Government Center at an additional cost of $175,645.00. Services and deliverables shall include the following for the two buildings added: a. Building Assessment Indicating Current Wind Design Speed and 30% Schematic Design b. 60% Design Development c. 90% Construction Documents d. 100% Construction Documents e. Permitting 2. Pursuant to Article VII, Section 7.1.1 thereof,the Agreement is amended to reflect the new Total Not-To-Exceed Amount of One Million Five Hundred Eighty-Three Thousand Two Hundred Twenty and No Cents ($1,583,220.00). 1 888 3. Pursuant to Article VII, Section 7.1.1 of the Agreement, Attachment C is revised to read: Task Amount 1 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $498,303.00 SPEED AND 30% SCHEMATIC DESIGN 2 60% DESIGN DEVELOPMENT $194,689.00 3 90% CONSTRUCTION DOCUMENTS $273,340.00 4 100% CONSTRUCTION DOCUMENTS $99,547.00 5 PERMITTING $66,328.00 6 DEMOLITION AND PATCHING FOR INVESTIGATIVE TESTING $57,120.00 7 COST ESTIMATING SERVICES $95,479.00 8 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $18,480.00 SPEED AND 30% SCHEMATIC DESIGN FOR THE COURTHOUSE TOWER 9 60% DESIGN DEVELOPMENT FOR THE COURTHOUSE TOWER $40,985.00 10 TASK 3: 90% CONSTRUCTION DOCUMENTS FOR THE $44,741.00 COURTHOUSE TOWER 11 TASK 4: 100% CONSTRUCTION DOCUMENTS FOR THE $4,320.00 COURTHOUSE TOWER 12 TASK 5: PERMITTING FOR THE COURTHOUSE TOWER $4,093.00 13 BUILDING ASSESSMENT INDICATING CURRENT WIND DESIGN $39,764.00 SPEED AND 30% SCHEMATIC DESIGN FOR THE ELLIS BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 14 60% DESIGN DEVELOPMENT FOR THE ELLIS BUILDING $32,452.00 ROOFING AND MARATHON GOVT CENTER ROOFING 15 TASK 3: 90% CONSTRUCTION DOCUMENTS FOR THE ELLIS $54,781.00 BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 16 TASK 4: 100% CONSTRUCTION DOCUMENTS FOR THE ELLIS $20,880.00 BUILDING ROOFING AND MARATHON GOVT CENTER ROOFING 17 TASK 5: PERMITTING FOR THE ELLIS BUILDING ROOFING AND $27,768.00 MARATHON GOVT CENTER ROOFING REIMBURSABLE EXPENSES (FOR ALL TASKS) $10,150.00 TOTAL $1,583,220.00 The remaining terms of the Agreement not inconsistent herewith remain in full force and effect. 2 889 IN WITNESS WHEREOF, each parry has caused this Third Amendment to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date MONROE COUNTY ATTORNEYS t FRCE APPROVED A!S TO FORM �... AUNTMkJ�,h M b,. ,. -� Ney DATE: 8-30-2023 CONSULTANTS Witnesses Attest: CONSULTANT: BENDER& ASSOCIATES A "RITE rS �4 �.s�,r Consultant must provide two witnesses ��, A , � signatures Signature: s �,., Signature: Print Name: : vI (`, Il Print Name: Title: ii,dfltectu IlDailiiei, and Signature: Print Name: 3 890