Item C35 C35
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
October 16, 2024
Agenda Item Number: C35
2023-3175
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Vick
N/A
AGENDA ITEM WORDING: Approval to terminate Contract Agreement S&ME, Inc. for
Engineering Design and Permitting Services for Rowell's Waterfront Park.
ITEM BACKGROUND:
Beginning in 2017, S&ME has provided design services for the redevelopment of Rowell's Waterfront
Park. Within the past few years, S&ME has undergone significant changes in personnel and services
provided in which subconsultants were used extensively to continue to provide the services agreed upon
in the original Contract Agreement and Amendments. The County has completed Phase I of the
redevelopment of Rowell's Park and are now proceeding with Phase II of the project. Phase II requires
some additional re-design and permitting services in order to begin construction. These services would
be provided by a sub-consultant hired by S&ME as S&ME no longer has direct staff to perform these
services. The County desires to terminate the agreement with S&ME and hire the sub-consultant
directly to complete the remaining work and ensure that Phase II of the project runs smoothly. The sub-
consultant has agreed to provide the required design and permitting services and construction
administration services through project closeout and a contract between the County and subconsultant
will be forthcoming.
The Contract Agreement with S&ME, Inc. provides that the contract can be terminated for convenience
by giving the other party sixty(60) days' written notice of its intention to do so. Staff is requesting
approval to exercise this clause.
PREVIOUS RELEVANT BOCC ACTION:
6/21/17—BOCC approved a Contract Agreement with the Consultant (rescinded and replaced from the
BOCC action on May 17, 2017) for the engineering design and permitting through construction
administration for the development of Rowell's Waterfront Park
6/7/18 — County Administrator approved a First Amendment to the Contract Agreement with
S&ME, Inc. for additional services including geotechnical field exploration.
9/15/21 —BOCC approved Second Amendment to the Contract Agreement with S&ME, Inc. for
assistance with the preparation and submission of the CDGB-CV grant application.
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10/20/21 —BOCC approved Third Amendment to the Contract Agreement with S&ME, Inc. for
additional CDGB-CV grant application requirements.
11/17/21 —BOCC approved Fourth Amendment to the Contract Agreement with S&ME, Inc. for Phase
II of the project adding extended parking areas, restroom building, multi-use path and event lawn to the
park.
5/18/22—BOCC approved a Fifth Amendment to the Contract Agreement w/ S&ME for design of a
video surveillance system and update to the survey.
6/15/22—BOCC approved a Sixth Amendment to the Contract Agreement w/ S&ME for design of the
installation of a library kiosk
1/18/23 - BOCC approved a Seventh Amendment to the Contract Agreement w/ S&ME for revision of
the stormwater retention pond location.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Termination of Contract.
STAFF RECOMMENDATION: Approval to terminate.
DOCUMENTATION:
Letter of Ter ination_S&ME_10.16.24_signed.pdf
FINANCIAL IMPACT:
N/A -All invoices for work performed by S&ME have been received, approved and paid. No additional
payments will be made.
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"�' BOARD OF COUNTY COMMISSIONERS
County of MonroeG11s ,, Mayor Holly Merrill Raschein,District 5
Mayor Pro Tem James K. Scholl,District 3
The Florida Keys
l� Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Monroe County
Project Management Department
1100 Simonton Street, Suite 2-216
Key West, Florida 33040
(305)292-4427
October 16, 2024
Matt Moler,P.E.
Regional Director of Operations
S & ME,Incorporated
8646 West Market Street, Suite 105
Greensboro,North Carolina 27409
Re: Contract Agreement for Engineering Design and Permitting Services for Rowell's Waterfront Park dated
May 17, 2017
Mr. Moler:
In accordance with Article 9, Subparagraph 9.5(B) of the above referenced agreement, the County hereby
serves sixty (60) days written notice of its termination of the agreement between Monroe County and S &
ME, Incorporated effective December 15,2024.
Sincerely,
Cary Vick
Interim Director of Project Management
Cc: Christine Hurley, County Administrator
Kevin Wilson,Asst. County Administrator
Bob Shillinger, County Attorney
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