1st Amendment 03/21/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 29, 2012
TO: Judith S. Clarke, P.E.
Director
ATTN: Tina LoSacco
FROM: Pamela G. Ham, . 9 L C.
At the March 21, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item C30 Amendment One to the existing contract with
Kisinger Campo & Associates, Corp. for Engineering Design and Permitting Services for the No
Name Key Bridge Repairs Project to include an Asbestos Survey and Load Rating Analysis.
Attached is a duplicate original of the above - mentioned document for your handling.
Should you have any questions, please do not hesitate to contact our office.
Cc: County Attorney
Finance
File ✓
AMENDMENT 1 TO THE AGREEMENT FOR ENGINEERING DESIGN AND
PERMITTING SERVICES FOR THE NO NAME KEY BRIDGE REPAIRS
PROJECT
THIS CONTRACT AMENDMENT IS ENTERED INTO BETWEEN Monroe
County, whose address is 1100 Simonton Strcet, Room 2 -216 Key West, Florida 33040,
hmudw the "County', and Kisinger Campo & Associates, Corp. a Corporation of the
State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa,
Florida 33602, its successors and assigns, hereinafter referred to as "CONSULTANT",
Paragraph 2.1.2 is added to ARTICLE II SCOPE OF BASIC SERVICES, and is to state
the following:
2.1.2 The CONSULTANT will perform for the COUNTY an Asbestos Survey
as described in Attachment C, Exhibit "A" Proposal for Asbestos Survey.
The service's as describes are for a Lump Sum fee not to exceed $2 ,200.00.
Paragraph 2.13 is added to ARTICLE 11 SCOPE OF BASIC SERVICES, and is to state
the following.
2.13 The CONSULTANT will perform for the COUNTY a bridge Load Rating
Analysis for a Lump Sum fee not to exceed $4,660.
Force and Effect. In all other respects the Contract dated February 15, 2012 remains in
full force and effect.
- r
representative.
WHEREOF each party hereto has caused this contract to be executed by its
L._KOLHAGE, CLERK
Cks7
(SEAL)
Attest: J✓
By. f
St hen H. McGucken, P.E.
Title C. E.O.
BOARD OF COUNTY COMMISSIONERS
OF MONROE
By.
Mayor/Chairman
Kissinger Campo 8t Copp, ,1 .
By: �J
Paul G. Fdley, P.E.
Title President
".SinlJi ":;t.; } „IYAITOt;i! Y
3 Q 0.2,
N -
- Ti
N O
N n
,. O
o
ATTACHMENT C
Exhibit "A"
Proposal for Asbestos Survey
j Information
;f1"'�'� .ToBuild On
ii�i�gl mor1bg . + m -
February 7, 2012
Kisinger Campo & Associates Corporation
One Tampa City Center
201 North Franklin Street
Tampa, Florida 33602
Attention: Mr. David B. Thompson, P.E.
Reference: Proposal for Asbestos Survey
No Name Key Bridge #904320
No Name Key, Monroe County, Florida
PSI Proposal No. 0784 -62456
Dear Mr. Thompson:
Professional Service Industries, Inc. (PSI) is pleased to present this proposal to perform an
asbestos survey on the No Name Bridge located on No Name Key, Florida.
Background
PSI understands the survey will be performed on the bridge structure that is scheduled
to be renovated. The bridge is approximately 2,250 linear feet in length and is
approximately 45 feet wide.
Scope of Work
The purpose of this asbestos survey is to identify the presence and condition of suspect
asbestos - containing materials (ACM) prior to scheduled renovation activities and to
evaluate the response actions necessary for this structure.
The scope of services is described below.
Field Services
• Visual survey by Environmental Protection Agency (EPA) accredited
personnel to evaluate the presence and approximate locations of exposed
and /or accessible materials
• Bulk sampling of suspect asbestos - containing materials
Professional Service Industries, Inc. • 7950 N.W. 64 Street • Miami, FL 33166.3051471 -7721 • Fax 305/593 -1915
Laboratory Analyses
• Bulk sample analyses by Polarized Light Microscopy (PLM) with dispersion
staining at a National Voluntary Laboratory Accreditation Program (NVLAP)
accredited laboratory.
• Standard quality control program with sample reanalysis
Final Report
PSI will provide two copies of a final report for the bridge within fifteen working days from
the time of the survey, provided no delays such as access to the building are incurred. The
letter report will summarize field observations and laboratory analytical results. Report to
include:
• Findings and Recommendations
• Quantification of asbestos - containing materials
• Analytical Results
• Abatement Cost Estimates
• Photographs
Project Schedule & Cost Estimates
It is proposed that the fee for the performance of the outlined services be determined on a
lump sum basis for the asbestos survey, including the collection and analysis of up to 30
asbestos samples.
Services as Described Above - Lump Sum: $2,200.00
PSI appreciates the opportunity to propose on your project. After your review of this
proposal, if you have any questions, please contact us. If this proposal is acceptable to
you, please sign below as notice to proceed and return one copy of this proposal intact
to our office. We will proceed with the work upon receipt of proposal authorization.
PSI will schedule a site visit within two (2) days from receipt of signed authorization and
provide the report within fifteen (15) working days from the time of the survey.
2 Kisinger Campo & Associates Corp.
No Name Bridge
PSI Proposal No. 0784 -62456
If this proposal is acceptable to you, please
one copy of this proposal intact to our office.
of proposal authorization.
Respectfully submitted,
return a letter of authorization along with
We will proceed with the work upon receipt
PROFESSIONAL SERVICE INDUSTRIES, INC.
Glenn R. Potharst
Department Manager -
Environmental Services
GRP /JJ
(for)
Jer J Wigan, CSP, CHMM, FLAC #AX73
Principal Consultant/Senior Scientist
Attachments: Proposal Authorization and Payment Instructions
General Conditions
3 Kisinger Campo & Associates Corp.
No Name Bridge
PSI Proposal No. 0784 -62456
Proposal Authorization & Payment Instructions
Authorization
To execute this proposal, please initial which cost option you approve on the previous page then sign and
complete the authorization information below along with applicable payment instructions, and return one
copy of the authorized proposal to our office.
Authorized By (please print)
Signature
Title Firm
Address
City
State
Zip Code
Telephone
Date Purchase Order No. / Project Tracking No. (if applicable)
Payment Instructions
If invoice payment is to be made by a party other than the authorizing party above, please provide the
following information for whom the invoices are to be billed:
Finn Attention
Address Title
City State Zip Code Telephone
Authorizing Party's Relationship to Invoice Payment Party
If invoices are to be approved other than by the payment party above, please provide the following
information for whom the invoices are to be mailed for approval:
Firm Attention
Address Title
City State Zip Code Telephone
to Invoice
4 Kisinger Campo & Associates Corp.
No Name Bridge
A PSI Proposal No. 0784 -62456
GENERAL CONDITIONS
1. PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. ( "PSI ") shall include said company or its particular division, subsidiary or affiliate performing the work. "Work" means
the specific service to be performed by PSI asset forth in PSI's proposal, Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these
General Conditions. "Client" refers to the person or business entity ordering the work to be done by PSI. If Client is ordering the work on behalf of another, Client represents and warrants that
it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the
quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party
to whom Client transmits any part of PSI's work. PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal, Client's acceptance thereof and these General
Conditions. The ordering of work from PSI, or the reliance on any of PSI's work, shall constitute acceptance of the terms of PSI's proposal and these General Conditions, regardless of the terms
of any subsequently issued document.
2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly performed in accordance with
the plans, specifications and contract documents and PSI's recommendations. No claims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and
inspections have been so performed and unless PSI's recommendations have been followed. Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from
any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or
PSI's recommendations are not so followed.
3. PREVAILING WAGES. This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements. In addition,
unless explicitly agreed to in the body of this proposal, this proposal specifically excludes compliance with any state or federal prevailing wage law or associated requirements, including the
Davis Bacon Act Due to the professional nature of its services PSI is generally exempt from the Davis Bacon Act and other prevailing wage schemes. It is agreed that no applicable prevailing
wage classification or wage rate has been provided to PSI, and that all wages and cost estimates contained herein are based solely upon standard, non -- prevailing wage rates. Should it later be
determined by the Owner or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such
changed circumstance. These exclusions shall survive the completion of the project and shall be merged into any subsequently executed document between the parties, regardless of the terns of
such agreement. Client will reimburse, defend, indemnify and hold harmless PSI from and against any liability resulting from a subsequent determination that prevailing wage regulations cover
the Project, including all costs, fines and attorney's fees.
4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If PSI is required to delay
commencement of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client, to
fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of PSI, additional charges will be applicable and payable
by Client
5. ACCESS TO SITE: Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work. PSI shall take reasonable measures and precautions to minimize
damage to the site and any improvements located thereon as the result of its work or the use of its equipment.
6. CLIENT'S DUTY TO NOTIFY ENGINEER: Client warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at any site at which PSI is to
do work, and unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless from all
claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to PSI's performance of its work and
resulting to or caused by contact with subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to PSI by Client.
7. RESPONSIBILITY. PSI's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be
responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contractor, subcontr
actor or supplier from performance of its work in accordance with the contract documents. Client agrees that it shall require subrogation to be waived against PSI and for PSI to be added as an
Additional Insured on all policies of insurance, including any policies required of Client's contractors or subcontractors, covering any construction or development activities to be performed on
the project site. PSI has no right or duty to stop the contractor's work.
8. SAMPLE DISPOSAL: Test specimens will be disposed immediately upon completion of the test All drilling samples will be disposed sixty (60) days after submission of PSI's report.
9. PAYMENT: The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar projects. The actual total amount due
to PSI shall be based on the actual final quantities provided by PSI at the unit rates provided herein. Client shall be invoiced once each month for work performed during the preceding period.
Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said
thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay PSI's cost of collection of all
amounts due and unpaid after thirty (30) days, including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of
disputes or controversies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics' lien, or any provision conditioning PSI's right to receive payment for its work
upon payment to Client by any third party. These General Conditions are notice, where required, that PSI shall file a lien whenever necessary to collect past due amounts. Failure to make payment
within 30 days of invoice shall constitute a release of PSI from any and all claims which Client may have, whether in tort, contract or otherwise, and whether known or unknown at the time.
10. ALLOCATION OF RISK: CLIENT AGREES THAT PSI'S SERVICES WILL NOT SUBJECT PSI'S INDIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TO ANY PERSONAL
LIABILITY, AND THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEbIENT, CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE TO
DIRECT ORASSERT ANY CLAIM, DEMAND, OR SUIT ONLY AGAINST PSI. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT
AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT.
SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY
EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN
ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXIMUM AGGREGATEAMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL
BE LIMITED TO $25,000.00 OR THE TOTALAMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT, WHICHEVER AMOUNT IS GREATER. IN THE
EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON
WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF INCREASE THE LIMIT OF PSI'S LIABILITY TO $250,000.00 OR THE
AMOUNT OF PSYS FEE PAID TO PSI FOR ITS WORK ON THE PROJECT, WHICHEVER IS THE GREATER, BY AGREEING TO PAY PSI A SUM EQUIVALENT TOAN ADDITIONAL
AMOUNT OF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES. THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY
TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH
ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILLAPPLY TO ANY PROJECT.
NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAY BE BROUGHT AGAINST PSI, ARISING FROM OR RELATED TO PSI'S WORK, MORE THAN
TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER, REGARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM.
11. INDEMNITY: Subject to the above limitations, PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including
reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law. Client shall provide the same protection to the extent of its negligence.
In the event that Client or Client's principal shall bring any suit, cause of action, claim or counterclaim against PSI, the Client and the party initiating such action shall pay to PSI the costs and
expenses incurred by PSI to investigate, answer and defend it, including reasonable attorney's and witness fees and court costs to the extent that PSI shall prevail in such suit
12. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shall be compensated by Client for all services
performed up to and including the termination date, including reimbursable expenses.
13. EMPLOYEES/WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's legal expenses, administrative
costs and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion of any work performed under this agreement, Client
agrees not to solicit, recruit, or hire any PSI employee or person who has been employed by PSI within the previous twelve months. In the event Client desires to hire such an individual, Client
agrees that it shall seek the written consent of PSI, and shall pay PSI an amount equal to one -half of the employee's annualized salary, without PSI waiving other remedies it may have.
14. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring PSI to assume the status of an owner, operator, generator, storer,
transporter, treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and
disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA and any other Federal or State statute or regulation governing the handling, treatment,
storage and disposal of pollutants.
15. CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by, construed, and enforced in accordance the laws of Illinois.
The exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Court in DuPage County, Illinois, or the Federal Court for the Northern
District of Illinois.
16. PROVISIONS SEVERABLE The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these General Conditions be enforced as
written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable.
17. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein.
This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto.
13- 900-11 (9)
7/10