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HomeMy WebLinkAboutItem O02COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting February 18, 2026 Agenda Item Number: 02 25-0192 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: N/A STAFF CONTACT: Rhonda Haag AGENDA ITEM WORDING: Approval of a $246,252.60 Change Order #1 representing a 15% increase to the $1,641,684.00 contract with LPS Utilities, Incorporated for the Tavernier Breakwater Repairs project, to fund the cost increase in labor and materials that has occurred since the bid opening in 2023, approved and funded by the federal HUD pass -through CDBG-MIT grant from the State of Florida, Department of Commerce (Commerce), formerly known as the Florida Department of Economic Opportunity (DEO) under Grant #IR-045; and authorize the County Administrator to execute the document. ITEM BACKGROUND: This item approves a $246,252.60 Change Order #1 to the previously - approved $1,641,684.00 contract with LPS Utilities, Incorporated for the Tavernier Breakwater Repairs project. The change order is funded by DEO Grant #IR-045 from the State of Florida, Department of Commerce (Commerce), formerly known as the State Department of Economic Opportunity. Additional funds in the amount of 15% of the contract amount are being added to the contract to account for the differential in labor and material costs since the bids first opened 2.5 years ago on May 24, 2023. According to the Florida Department of Transportation construction cost index (FDOT CCI) used to track and measure the change in construction costs over time, the CCI has increased from 3.00 to 3.16, reflecting a 16-20% increase. This change order authorizes a 15% increase. The granting authority, Florida Department of Commerce, has reviewed and approved this change order and previously provided Grant #IR-045, Amendment #2 to fund it. The project was delayed for two years while the Environmental Review process was carried out and permits were received. Approval to negotiate for the Tavernier Breakwater Repairs project was received on 07/19/23. The project has been undergoing the Environmental Review process since then and has been completed and approved. An additional $438,919 of grant funds was received under Grant Amendment #2, for a total of $2,633,518. This project will provide and install 2.5' to 4' boulders across a 1,500 jetty span that was damaged by Hurricane Irma. The breakwater is designed to protect the low-lying, low-income subdivision that is subject to frequent and persistent flooding due to storms, tides, and sea level rise. The inflow of vegetative debris due to the lack of the protective barrier has degraded water quality within the residential canal system. PREVIOUS RELEVANT BOCC ACTION: 05/20/2021: A Public Hearing for citizens and municipalities to provide input on an application for non - matching grant funds to repair the Tavernier Breakwater in the amount of $2 Million utilizing Community Development Block Grant - Disaster Recovery Infrastructure Repair Program from the Florida Department of Economic Opportunity (DEO) and funded through the United States Department of Housing and Urban Development (HUD). Following a 10-day public notice and a 10-day public comment period, approval was received to submit a grant application to DEO. 07/19/23: Approval to enter into negotiations in rank order for the Tavernier Breakwater Repairs project. The project is funded by a federal HUD pass -through CDBG-MIT grant from the Florida Department of Economic Opportunity (DEO) under Grant #IR-045. 01/22/21: Receipt of Notice of Intent to Award from DEO for the Tavernier Breakwater Repair Project. 10/20/21: Approval to enter into a $71,917.50 Task Order #7 to the on -call agreement with Wood Environment and Infrastructure Solutions Incorporated for Category C Resilience and Environmental Services to design and permit the Tavernier Breakwater repairs. 02/16/22: Approval of Revenue Grant #IR-045 to repair the Tavernier Breakwater for $2,194,599.00 utilizing Community Development Block Grant - Mitigation funding from the Florida Department of Economic Opportunity (DEO) funded through the United States Department of Housing and Urban Development (HUD). 07/20/21: Approval of a $0 Amendment No. 1 to modify the Citizen Complaint language under CDBG- MIT Grant #IR-045 for repairs to the Tavernier Breakwater from the Florida Department of Economic Opportunity (DEO). 03/22/23: Approval to solicit for the Tavernier Breakwater Repairs, funded by a federal HUD pass - through CDBG-MIT grant from the Florida Department of Economic Opportunity (DEO) under Grant #IR-045. 07/19/23: Approval to negotiate in rank order for the Tavernier Breakwater Repairs project in Tavernier, funded by a federal HUD pass -through CDBG-MIT Grant #IR-045 from the Florida Department of Economic Opportunity (DEO). 12/10/25: Approval to enter into a $1,641,684.00 contract with LPS Utilities Incorporated for the Tavernier Breakwater Repairs Project, funded by a federal HUD pass -through CDBG-MIT grant from the State of Florida, Department of Commerce (Commerce), formerly known as the Florida Department of Economic Opportunity (DEO) under Grant #IR-045 and authorize the Office of County Attorney to make minor non -substantive edits to the subject agreement with review and approval as to form, in case minor edits or clarifications become necessary. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Change order #1 for additional funds. STAFF RECOMMENDATION: Approval DOCUMENTATION: #25-3100 - Tavernier Breakwater Change Order #001.1 signed 2025 12 COI LPS Utilities GL AL WC exp 7.26.26 signed 2025 12 COI LPS Utilities Pollution Jones Act exp 11.15.26 signed FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: 120 Days after notice to proceed. Value of change order #1: $246,252.60 Total Contract: $1,641,684.00 Total Dollar Value: $1,887.936.60 Total Cost to County: $0 match Current Fiscal Year Portion: $1,887,936.60 Budgeted: Yes Source of Funds: DEO Grant IR045-A2 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: No County Match: $ 0 Insurance Required: Yes 02. Approval of a $246,252.60 Change Order #1 representing a 15% increase to the $1,641,684.00 contract with LPS Utilities, Incorporated for the Tavernier Breakwater Repairs project, to fund the cost increase in labor and materials that has occurred since the bid opening in 2023, approved and funded by the federal HUD pass -through CDBG-MIT grant from the State of Florida, Department of Commerce (Commerce), formerly known as the Florida Department of Economic Opportunity (DEO) under Grant #IR-045; and authorize the County Administrator to execute the document. MONROE COUNTY/OFFICE OF RESILIENCE CONTRACT CHANGE ORDER PROJECT TITLE: Tavernier Breakwater Repair & Water Quality Improvement TO CONTRACTOR: LPS Utilities, Incorporated, dba LPS Contracting The Contract is changed as follows: CHANGE ORDER NO: 1 INITIATION DATE: 01/14/2026 CONTRACT DATE: 12/10/2025 The original (Contract Sum) (Guaranteed Maximum Price)............................................$1,641,684.00 Net change by previously authorized Change Orders ...................................................$ 0 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$1,641,694.00 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order ....... $ 246,252.60 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is ....... $1,887,936.60 The Contract Time will be (increased) (decreased) (unchanged) by .................................. N/A The date of Substantial Completion as of the date of this Change Order is ............... Based on NTP date Detailed description of change order and justification:_This project was delayed for 2.5 years after the bid oDenino date of Mav 23. 2023. for the Environmental Review and oermittinc processes. Construction costs have increased 16-20% according to the FDOT construction cost index used to track and measure changes. in construction costs over time. This Change Order #1 authorizes a 15% increase. The granting authority, Florida Department of Commerce, has reviewed and approved this Change Order #1 and executed Amendment #2 to Grant #IR-036 to fund it. This funds the increase in labor and materials costs that have nccurreri This change Order is 15% of the original contract price. Not valid until signed by Owner, Engineer (if applicable), and Contractor ENGINEER: CONTRACTOR: DIRECTOR, OFFICE OF RESILIENCE Corning, Greg Digitally signed by Corning, Greg (USGC714750) (USGC7 14750) Date: 2026.01.26.01.30 13:10:18-05'00' Date Digitally signed by Rhona Naag Rhonda Haag 05'00?026.02.0209:44:11 COUNTY/ASSISTANT ADMINISTRATOR: MONROE COUNTY—rOANEYS OFFICE MPROYFD As To FORM Christine Hurley e GATE: MR TAVERNIER BREAKWATER REPAIR & WATER QUALITY MONROE COUNTY, FL Date Date IMPROVEMENT Change Order Attachment (Section 2-348, Monroe County Code) • Change Order was not included in the original contract specifications. Yes ® No ❑ If yes, explanation: Additional 15% of contract amount is to account for the differential in labor and material costs since the bid opening on MaV 24, 2023. • Change Order was included in the original specifications. Yes ❑ No F] If yes, explanation of increase in price: • Change Order exceeds $100,000 or 5% of contract price (whichever is greater). Yes Z No ❑ If yes, explanation as to why it is not subject for a calling for bids: The project was delayed for 2 years after bid opening for the Environmental Review and permitting process. The construction costs have increased 16-20% during that period according to the FDOT construction cost index. • Project engineer approves the change order. Yes Z No ❑ If no, explanation of why: 0 Change Order is correcting an error or omission in design document, Yes ❑No Z Should a claim under the applicable professional liability policy be made? Yes ❑ No Z Explain: ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/18/2025 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 Hausman Kunkel, Inc. 40 S. Prospect(A/C. Roselle IL 60172 CONTACT NAME: PHONE FAX A/c No Ext : 630-894-7510 AC,No): 630-894-4333 A DRIESS, INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Mesa Und Specialty Ins Co. 36838 INSURED LPSUTIL-01 LPS Utilities Inc. DBA LPS Contracting 3509 Lily Pond Road INSURERB: Progressive Express 10193 INSURER C : American Longshore Mutual Asso 524126 INSURERD: Navigators Specialty Ins Co 36056 Woodstock IL 60098 INSURER E : Indian Harbor Insurance Company 36940 INSURERF: Markel Insurance Company 38970 COVERAGES CERTIFICATE NUMBER: 1500070057 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 LTR TYPE OF INSURANCE ADDL I SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y MP011201110006000 6/25/2025 6/25/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 ISX „Nt 1yp PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ECT1:1 LOC GENERAL AGGREGATE $2,000,000 1219' 6 ,.,. p,H'C't�„„,_...,.-.,--. IA V"fAP N` —` PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y 03217826 1/27/2025 1/27/2026 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY D UMBRELLALIAB X OCCUR CH25EXCZOLR4JIC 6/25/2025 6/25/2026 EACH OCCURRENCE $5,000,000 X AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ALMA02275-07 7/27/2025 7/27/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [-T] NIA E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Excess Liability SXS0069275 6/25/2025 6/25/2026 Limit 5,000,000 F Equipment Floater MKLM3IMOO57140 6/27/2025 6/27/2026 Limit 815,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida Monroe County Board of County Commissioners are named as Additional Insureds in respect to General Liability and Auto Liability as required by written contract. Workers Compensation includes USL&H Act coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commisioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street, Ste 2-205 AUTHORIZED REPRESENTATIVE Key West FL 33040 USA © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/18/2025 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 Hausman Kunkel, Inc. 40 S. Prospect(A/C. Roselle IL 60172 CONTACT NAME: PHONE FAX A/c No EXt : 630-894-7510 AC,No): 630-894-4333 A DRIESS, INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Ace Fire Underwriters Insurance Company 20702 INSURED LPSUTIL-01 LPS Utilities Inc. INSURERB: Navigators Specialty Ins CO 36056 3509 Lily Pond Road INSURER C : INSURER D : Woodstock IL 60098 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:964004456 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 LTR TYPE OF INSURANCE ADDL I SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: A ik3K. "' T P � �� 4 � 05 AUTOMOBILEEa LIABILITY COMBINED SINGLE LIMIT accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS DATIE,.,,.,.__ ��- � 12.1 Ny ftW BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE- EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Pollution Liability G48848151 001 11/15/2025 11/15/2026 Limit 1,000,000 B Marine Liability P&I NY24MPK15772801 7/2/2025 7/2/2026 Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage Under the Jones Act exist under Marine Liability P&I policy Project: Tavernier Breakwater Repair & Seaweed Barrier System Water Quality Improvement Project, Monroe County, Florida Coverage Under the Jones Act exist under Marine Liability P&I policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commisioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street, Ste 2-205 AUTHORIZED REPRESENTATIVE Key West FL 33040 USA © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD