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Item O10
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18, 2015 Bulk Item: Yes X No Division: County Administrator Department: County Administrator Staff Contact /Phone #: Rhonda Haag. 453-8774 AGENDA ITEM WORDING: Approval of Amendment No. 2 to the contract for the Engineering Design and Permitting Services for the Canal Demonstration Project which formalizes the change of company name from AMEC Environment & Infrastructure, Inc. to Amec Foster Wheeler Environment & Infrastructure, Inc., and authorizes employment of a subcontractor to assist AMEC. This Amendment does not change the total contract cost to the County. ITEM BACKGROUND: Due to planned implementation of several canal restorations, AMEC wants to subcontract a portion of the construction engineering services to Davis Environmental Solutions, a small woman -owned business. Engineering support during construction of the restoration projects is required to ensure that all permit and design criteria are correctly followed by the selected contractor. The addition of the subcontractor is retroactive to Feb 9, 2015, so work on canal will not be delayed. The company name change reflects the combination of the parent company, AMEC plc, and Foster Wheeler AG and is effective January 1, 2015. The new name is Amec Foster Wheeler Environment & Infrastructure, Inc. The name change does not change any of the contractual obligations of Amec to the County. The total contract value remains unchanged at $655,639.78. The subcontractor will be paid by Amec. PREVIOUS RELEVANT BOCC ACTION: I . 12-11-13: Approval to advertise an RFQ for the design and permitting of the canal demo projects. 2. 02-19-14: Approval to negotiate a contract for the design and permitting of the canal demo projects. 3. 05-21-14: Approval of contract with AMEC for -design, permitting, field assessment tasks including bathymetric surveys, mangrove assessment, tidal studies for hydraulic modeling and geotechnical studies; project management and engineering support during construction for six (6) of the seven (7) demonstration canals in unincorporated Monroe County. 4. 9-17-14: Approval of a Grant Agreement S-0723 from the Florida Department of Environmental Protection (FDEP) for funding of services for engineering construction support services and the installation of a culvert on Canal #472 Geiger Key that is the 3rd ranked canal demonstration project in the Canal Management Master Plan for culvert installation. The project will be funded up to $100,000 in funds provided by FDEP. 5. 9-17-14: Approval of Amendment No 1 to the AMEC contract for Engineering Design and Permitting Services for the Canal Demonstration Project to provide additional services related to engineering support during construction for the 3rd ranked culvert demonstration project at Canal #472 Geiger Key as funded under DEP grant S-0723. BOCC Actions related to other related Canal Items: 1. 03-21-12: Approval and authorization of a Grant from FDEP to fund Phase 1 of the Canal Management Master Plan and also authorized execution of a task order with AMEC under the on -call professional engineering services contract to develop Phase 1. 2. 06-20-12: Approval of the grant application submitted to EPA, which requested $100,000 in grant funds and specified a $10,000 match of in -kind services. 3. 09-19-12: Approval of a $100,000 EPA grant that funded Phase 2 of the Canal Master Plan. 4. l 1-20-12: Approval of a Task Order with AMEC Environmental & Infrastructure, Inc, under the on -call professional engineering services contract to develop Ph. 2 of a county -wide Canal Improvements Master Plan. 5. 02-20-13: Approval of a FDEP Grant S0640 providing $100,000 of funding of work to perform bathymetric surveys and also approved a $100,000 Task Order with AMEC to perform the bathymetric work. 6. 03-20-13: Approval of $5 million for the canal restoration demonstration projects. 7. 05-15-13: Approval of a $37,725 contract with AMEC to select the demonstration projects, as a result of a request for quotes. 8. 08- 21-I3: Provided direction on the selection process for use in selecting the top 15 canal restoration projects and the final 5 demonstration projects. 9. 09-17-13: Approval of a time extension to the AMEC contract for selection of the demo projects. 10. 10-16-13: Approval of the top 15 canals, selection of 6 canals for the demonstration projects, and a 90 day limitation on the homeowner approval period. 11. 12-1 I-13: Approval of the 7`h demonstration canal. CONTRACT/CONTRACT CHANGES: Contract name change and adding a subcontractor STAFF RECOMMENDATIONS: Approval .............-- TOTAL COST: 0.00 INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: $-- 0.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes ____ No AMOUNT PER MONTH Year APPROVED BY: County Atty �"j OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # CAD # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: AMEC Contract #A-2 Effective Date: Expiration Date: February 18, 2015 Contract Purpose/Description: This Amendment No. 2 shall authorize a name change from AMEC Environment & Infrastructure, Inc. to Amec Foster Wheeler Environment & Infrastructure, Inc. and authorize AMEC to hire subcontractor at no cost to County Contract Manager: Rhonda Haag 8774 CAD M.S. #26 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 2/18/15 Deadline: 2/3/15 CONTRACT COSTS Total Dollar Value of Contract: $ 655,639.78 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $0 /yr For: N/A (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries. etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes❑ No[] Risk Management Yes[:] No[] O.M.B./Purchasing -1 C �t'� Yes[] No® '1� County Attorney Yes[:] Na(1'' Comments: OMB Form Revised 2/27/01 mrp 7 AMENDMENT NO. 2 TO THE CONTRACT FOR ENGINEERING, DESIGN AND PERMITTING SERVICES FOR THE CANAL DEMONSTRATION PROJECTS THIS AMENDMENT NO. 2, dated Februa I &, 2015, is entered into between the County and the CONSULTANT, to the Contract For Engineering, Design And Permitting Services, dated the 21st day of May, 2014, as amended September 17, 2014, between Monroe County, "COUNTY," and AMEC Environment & Infrastructure, Inc., "CONSULTANT"; WITNESSETH: WHEREAS, the name, AMEC Environment & Infrastructure, Inc., has been formally changed to Atiec Foster Wheeler Environment & Infrastrttchtre, Inc., and WHEREAS the parties wish to conform the name on the contract between the parties to reflect the new name of the CONSULTANT, Antec Foster Wheeler Environment & Infrasttuctu e, 111c., and WHEREAS, the CONSULTANT, pursuant to Section 9.3 of the contract between CONSULTANT and COUNTY for Engineering, Design and permitting Services, dated the 215L day of May, 2014, desires to subcontract a portion of its contractual duties to the subcontractor, "Davis Environmental Solutions", hereinafter referred to as "SUBCONTRACTOR", and WHEREAS, the amount of the CONTRACT remains unchanged; and WHEREAS, nothing in this Amendment 92 shall authorize SUBCONTRACTOR to do additional services or any services unless specifically authorized by the CONTRACTOR in compliance with the initial contract between the County and CONSULTANT; in addition SUBCONTRACTOR is not authorized to incur any costs over and above the costs set out between CONSULTANT and the County. NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1. The name of the CONSULTANT is formally changed from AMEC Environment & Infrastructure, Inc. to Amec Foster Wheeler Environment & Infrastructure, Inc., and is retroactive to be effective as of January 1, 2015. 2. The Contract for the Engineering, Design, and Permitting services for the Canal Demonstration Projects states at Section 9.3: 9.3 SUCCESSORS AND ASSIGNS Page I of Amendment No. 2 The CONSULTANT shall not assign or subcontract its obligations under this Agreement except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assignees and legal representatives to the other and to the successors, assigns and legal representatives of such other party. The CONSULTANT shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. 3. The CONSULTANT is authorized to use SUBCONTRACTOR, for construction engineering services only to the extent authorized in the contract between CONSULTANT and SUBCONTRACTOR, and so long as the SUBCONTRACTOR and the CONSULTANT abide by the conditions set forth for subcontractors in the Agreement between the County and CONSULTANT dated May 21, 2014 and subsequent amendments. 4. The authority for the addition of the subcontractor is retroactive to Feb 9, 2015; in order not to delay the construction of presently scheduled canal demonstration projects. 5. The total contract value between CONSULTANT and County remains unchanged at $655,639.78. Any payment to the SUBCONTRACTOR is the sole responsibility of CONSULTANT, County is not obligated in any way to directly pay for work of SUBCONTRACTOR, and SUBCONTRACTOR shall be paid by CONSULTANT only. 6. CONSULTANT acknowledges that he has attached the contract between him and the SUBCONTRACTOR to this Amendment #2 and has advised the SUBCONTRACTOR of his responsibilities owed to County. {REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANKI Page 2 of Amendment No. 2 IN WITNESS WHEREOF, each party caused this AMENDMENT NO.2 to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: CLERK By: Deputy Clerk Date: MONROE COUNTY ATTORNEY APPROVED AS TO FORM: � NATIL EENE W CASSEL ASSISTAN-� COI-NTY ATTORNEY Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA fM Mayor/Chairman AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. By:, Print name: i C t v t lr k vv�Q.. Title: Date: -2-/q/ 20 STATE OF FLORIDA COUNTY OF Q _mt Q� On this 4day of M?, 2041, before me ,the undersigned notary public, Personally appeared _ l it's � Q � l � ql-� 0 known to me to be the Person whose name is subscribed above or who produced As identification, and acknowledged that he/she is the person _ who execute d the above Amendment #2 to Engineering and Design agreement with Monroe County for the purposes therein contained. By: No ry blic fK14-6f/j57 PHRhZ,4 Print Name My commission. expires: �.iEa,'d i riui Nir- KANAKIS i`�'• . Notary Public • Stale of Flotida 'r A My Comm Expires Mar 20. 2019 Commission N FF 179176 Seal Page 3 of Amendment No. 2 Backup Documentation to Amendment #2 Of Engineering Design and Permitting Services for the Canal Demonstration Project Contract Dated May 21, 2014 AMEC Letter Detailing Name Change F---EAN 0 6 2014 December 10, 2014 *************x******AUTO"*MIXED AADC 328 14-3216 Rhonda Haag Monroe County, FL 1100 Simonton Street Key West, FL 33040-3110 il'ililili"Il'hlrerirl�l+lrrl'11t1"'lit'FIII"i�rrr'lllllirliii Subject: Change of Name Ref. Contract: Eng Services Contract, 5/15/2013 Dear Valued Client; T. amec foster wheeler We are pleased to inform you that we are changing our company name, effective January 1, 2€115, from AMEC Environment & Infrastructure, Inc. to Amec Foster Wheeler Environment & Infrastructure, Inc. This reflects the combination of our parent company, AMEC plc, and poster Wheeler AG. Please be advised that this is a change of name only and that our FEIN will not change. This name change is administrative in nature and we assure you that we will continue to maintain the current resources, contracts or other existing services you have with AMEC. We will continue to provide the same quality of services and the same dedicated tears of consultants, project managers, engineers and scientists. Our focus remains on delivering projects safely and successfully for you. After January 1, 2015, our business correspondence will reflect the Amee Foster Wheeler Environment & Infrastructure, Inc. name. If your company requires any changes to our contract documents or has any other procedural requirements, please advise at your earliest convenience and we will work with you to process any required documentation. If you have any questions regarding the name change, please contact Da\tid.Baxter@amectw.com or 770-360-0745. Thank you for your continued business and we look forward to continuing to serve you. Sincerely, AMEC ENVIRONMENT & INFRASTRUCTURE. INC. Thomas J. Logan President AMEC Environment & Intmstructure, Inc. 1105 Lakawood Parkway, Suits 300 Alpharetta, CA 30oo9 Amedw com Backup Documentation to Amendment #2 Amec Foster Wheeler Environment & Infrastructure, Inc. Subcontract Agreement and Work Order with Davis Environmental utions Related to Monroe Countyl Canal Demonstration Projects Master SERVICES SUBCONTRACT AGREEMENT FOR CONSULTING PROJECTS & OTHER PROFESSIONAL SERVICES AGREEMENT No. PBT2015-010 This Subcontract Agreement ("Agreement") is made this 20th day of January, 2015 by and between Amec Foster Wheeler Environment &. Infrastructure, Inc., a corporation, (`Amec Foster Wheeler") and Davis Environmental Solutions, a ItENTER CORPORATION, PARTNERSHIP, SOLE PROPRIETOR OR LLC), ('SUBCONSULTANT'), NOW, THEREFORE, fbr good and valuable consideration, including the promises contained herein, the receipt and adequacy of which is mutually acknowledged, the parties agree as follows: 1.0 SCOPE OF SERVICES 1.1 SUBCONSULTANT shall provide services in accordance with the provisions of this Agreement and as described in the Work Order(s) to be issued by Amec Foster Wheeler from time -to -time hereunder (individually, `'Work Order" and, collectively, "Work Orders") in the form attached hereto as Exhibit "A", (-Services"), Services provided without a signed Work Order or outside the scope of Services described in a Work Order shall be at SUBCONSULTANT's risk and account. L2 The time for commencement and completion of the Services shall be set ibrth in each Work Order ("Schedule"). By signing each Work Order. SUBCONSULTANT acknowledges that it has satisfied itself as to the nature and extent of the Services. Any representation(s) made by Amcc Foster Wheeler, but not expressly included in a Work Order, shall be only for the information of SUBCONSULTANT and shall not render Amec Foster Wheeler responsible or liable therefore. 1.3 SUBCONSULTANT understands that Amec Foster Wheeler may issue Work Orders pursuant to the Agreement on behalf of its subsidiaries or affiliates. SUBCONSULTANT agrees to perform any such Work Order to the extent required by this Agreement. L4 This Agreement is being entered into for the purpose of retaining SUBCONSULTANT to provide the Services required of Amec Foster Wheeler under a prime agreement with the CLIENT. A copy of the prime agreement, which may be redacted, is attached hereto as Exhibit 2 and incorporated by reference herein ("Prime Agreement"), SUBCONSULTANT shall be bound to Amec Foster Wheeler to the same extent that Amec Foster Wheeler is bound to CLIENT under the Prime Agreement. SUBCONSULTANT shall similarly incorporate the Prime Agreement in any further subcontract entered into by SUBCONSULTANT with any lower -tier subconsultants and/or subcontractors and shall make the applicable Prime Agreement available to each of them, To the extent that any provision contained in this Agreement conflicts with the Prime Agreement, the Prime Agreement shall govern. By signing this Agreement, Services SUBCONSULTANT represents that it has received and reviewed a copy of the Prime Agreement and is familiar, or will familiarize itself, with it. This Section applies to all administrative, procedural, and risk allocation provisions of the Prime Agreement as well as to all provisions of the Prime Agreement dealing with scope, quality, character, and manner of work. 2.0 TECHNICAL AND CONTRACTUAL REPRESENTATIVES 2.1 Amee Foster Wheeler's contractual representative for this Agreement shall be Patricia B. Thompson, unless and until Amec Foster Wheeler notifies SUBCONSULTANT otherwise ("Contractual Rev,011201S Representative"). Any correspondence or discussions which aft'ect llte terms and conditions of this Agreement shall be conducted with the Contractual Representative. 2.2 In each Work Order, Amec Foster Wheeler will designate a contractual representative C'Work Order Contractual Representative") and a technical representative ('Technical Representative°'). Correspondence or discussions pertaining to changes in the SOW, Agreement Amount, Period of Performance, or terms and conditions of this Agreement shall be made with Amec Foster Wheeler's Contractual Representative. No changes to this Agreement shall be binding upon Amec Foster Wheeler unless incorporated in a written modification to this Agreement and signed by Amec Foster Wheeler's Contractual Representative. SUBCONSULTANT shall not communicate with Amec Foster Wheeler's Client or other Amcc Foster Wheeler subcontractors without the prior written approval of Amec Foster Wheeler's Contractual Representative, The Services set forth in the SOW will be perfbrmed under the technical direction of Amec Foster Wheeler's Technical Representative. Amec Foster Wheeler's Technical Representative is not authorized to change the SOW, Agreement Amount, Period of Performance, or terms and conditions of this Agreement. If, in SUBCONSULTANT'S opinion, any technical direction constitutes a change to this Agreement, SUBCONSULTANT shall give immediate written notice to Amec Foster Wheeler's Contractual Representative. Unless and until authorization to proceed with the change is granted by Amec Foster Wheeler's Contractual Representative, the SUBCONSULTANT shall perform in accordance with this Agreement as written and unauthorized work is performed solely at SUBCONSULTANTS risk, liability, and expense. 3.0 CHANGES IN THE SERVICES 3, i Changes in the Services may be accomplished after execution of; and without voiding, this Agreement or any applicable Work Order should circumstances arise which reasonably require such change. Such changes shall be made by Change Order, as provided in Section 3.2 below, or by Change Directive, as provided in Section 3.3 below, signed by the Work Order Contractual Representative. 3,2 In the event it becomes necessary to change, delete from or add to the Services in a manner that causes a material increase or decrease in the time or cost, or both, required for SUBCONSULTANT to perform the Services, such change, deletion or addition shall be evidenced by a change order attached hereto as Exhibit "B" ("Change Order"). To the extent that a Change Order materially changes the cost or time, or both, to perform the Services, an equitable adjustment, either upward or downward, may be made in the contract time for performance or compensation, or both, as applicable. SUBCONSULTANT shall not proceed with any such changed or additional Services until mutual execution of a Change Order, if applicable. 3.3 Notwithstanding Section 3.2 above, Amec Foster Wheeler reserves the right, in its discretion, to make changes in or additions to the Services that do not materially add to SUBCONSULTANT's time or cost, or both, to perform the Services, and to issue a written directive ("Change Directive") which directs SUBCONSULTANT to perform such modified and/or additional Services without an adjustment, if any, in compensation or Schedule, or both. If SUBCONSULTANT is given a Change Directive by the Contractual or I 0 2000-2018 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amec Foster Wheeler_ Technical Representative, SUBCONSULTANT shall promptly comply with the Change Directive, notwithstanding any disagreement. If applicable, SUBCONSULTANT shall give written notice of its intent to seek a Change Order for the changed or additional Services and request an adjustment in compensation or Schedule, or both, to the Contractual Representative within ten (10) calendar days alter receipt of the Change Directive. Failure to timely give this notice shall constitute an irrevocable waiver by SUBCONSULTANT of all rights to seek such an adjustment. 4,0 PA Y'!41 ENT 4.1 SUBCONSULTANT shall provide the Services set forth in each Work Order for the compensation also set forth in each Work Order. Compensation will be determined as follows: 4.1.1 For cost mimbursemeriL compensation shall not exceed the amount set tbrth in the Work Order, unless additional sums are authorized in advance by Amec Foster Wheeler in writing, Progress payments shall be made in accordance with the rates and/or unit prices set torth on the Price/Fee Schedule attached to the Work Order as Exhibit 4 ('-Price/Fee Schedule'') or as specifically set lbrth in or supplemented by a Work Order or any exhibits or attachments thereto. No item(s) can be invoiced unless it is included in the Price/Fee Schedule. Unanticipated charges or expenses can be invoiced only upon prior written agreement of Amec Foster Wheeler; or 4.1.2 Where the parties have mutually agreed to make progress payments lbr Services under a lump sum lee schedule, such payments shall be made on the basis of the percentage of the Services completed. 4.2 SUBCONSULTANT shall invoice Amec Foster Wheeler not snore frequent than once every thirty (30) days for Services completed in accordance with the terms of this Agreement and the applicable Work Order. All invoices shall be submitted not later than thirty (30) days after performance orthe Services reflected thereon unless Amec Foster Wheeler authorizes an extension of time. Invoices received later than thirty (30) days after performance of the Services are subject to rejection by Amec Foster Wheeler. Partial lien waivers must be executed by SUBCONSULTANT, each sub -subcontractor and sub-subconsultant who has performed any of the Services, and each materialman who has supplied materials, and submitted along with each invoice. 4.3 Upon request. SUBCONSULTANT shall provide Amec Foster Wheeler with copies of time sheets, expense records and any other billed expenditures relating to the Services that are reflected on any invoice. 4A Amec Foster Wheeler shall submit SUBCONSULTANT's invoice with its next regular invoice to CLIENT. Payment of any amounts not in dispute will be made to SUBCONSULTANT within seven (7) business days, excluding Saturdays, Sundays and federal holidays, ("Business Days") of receipt by Amec Foster Wheeler of the applicable payment from CLIENT. Payment of any invoice submitted to Amec Foster Wheeler by SUBCONSULTANT is made expressly contingent upon receipt by Amee Foster Wheeler of payment of said invoice from CLIENT, except when payment to Amec Foster Wheeler is withheld by CLIENT for cause and such cause does not involve the performance or other obligations of SUBCONSULTANT. 4.5 Amec Foster Wheeler will not make Offshore Payments to SUBCONSULTANT under this Agreement unless a written request is received from SU13CONSULTANT and is approved by Amec Foster Wheeler's Contractual Representative in writing. An Offshore Payment is defined as a payment made by Amee Foster Wheeler to SUBCONSULTANT outside the country where the Services are performed and/or the SUBCONSULTANT's office location designated on the Work Order. 4.6 In the event SUBCONSULTANT owes any sum(s) to Amee Foster Wheeler under this Agreement, Amer Foster Wheeler may offset such sum(s) against any compensation due SUBCONSULTANT hereunder, or if no sums are otherwise payable to SUBCONSULTANT, SUBCONSULTANT will pay such sum(s) within fifteen (15) Business Days after receipt of Amec Foster Wheeler's invoice therefor. Amec Foster Wheeler shall have such right and remedy without prejudice to any other rights and remedies it may have against SUBCONSULTANT under this Agreement, at law or in equity. 4.7 SUBCONSULTANT's final invoice must be accompanied by a properly completed and executed Subcontract Work Order Closeout Form and Lien Release attached hereto as Exhibit" C", 4.8 The issuance of any payment by Amec Foster Wheeler will not constitute acceptance of Services that have not been performed in strict accordance with the provisions of this Agreement and the applicable Work Order(s), 4.9 All invoices shall be delivered to Amec Foster Wheeler in accordance with the instructions identified on each Work Order. 4.10 SUBCONSULTANT's Federal ID number 4 - 1 198 5.0 LIENS 5.1 SUBCONSULTANT will pay and satisfy all claims for labor and material employed or used in performing the Services and shall defend. indemnify and hold harmless Amec Foster Wheeler and CLIENT from all claims, losses, costs, expenses, bonding fees, payments and liens of any kind arising from the Services. SUBCONSULTANT shall execute and deliver signed lien releases and waivers of claim from it and all of its subcontractors, subconsultants and vendors that CLIENT or Amec Foster Wheeler may require as a condition of payment. If a lien should be filed against a project site or the property of CLIENT or Amec Foster Wheeler by a subcontractor, subconsultant or vendor of SUBCONSULTANT, SUBCONSULTANT Promptly will pay in full or bond over such lien; provided, that Amec Foster Wheeler, without prejudice to its rights under this Agreement, at law or in equity, shall have the right to take all steps necessary to remove such lien as well as any lien filed by SUBCONSULTANT, including payment of the underlying debt with offset against payments due SUBCONSULTANT hereunder. and SUBCONSULTANT shall reimburse Amec Foster Wheeler for all expenses incurred by Amec Foster Wheeler as a result of the tiling and removal of any such lien, including court costs and reasonable attorneys' fees. The above provisions will not apply to the extent expressly prohibited by Law (hem inafter defined). 6.0 RECORDS AND AUDIT RIGHTS 6.1 SUBCONSULTANT shall retain all records, including, but riot limited to, all plans, specifications, drawings, field notes, reports, sketches, correspondence, togs, manuals, directives, memoranda and other documents, records or information relating to the Services ("Project Records") and will keep all appropriate books and records reflecting the charges and expenses related to the Services ("Accounting Records'') in accordance with generally accepted accounting practices and principles. Upon request from Amec Foster Wheeler or CLIENT, SUBCONSULTANT shall make the Project Records and/or Accounting Records reasonably relating to the Services available during normal business hours for review or audit by Amec Foster Wheeler. CLIENT or their respective representatives at their expense. SUBCONSULTANT shall retain, and grants Amec Foster Wheeler the right to audit, the Rev.01/2015 2 0 2000-2018 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amec foster Wheeler. Project Records and Accounting Records for a period of three (3) years after completion of the Services or such longer time as is mutually agreed to by the patties in writing or as required by the Prime Agreement. 7.0 PRCI,fECT SITE(S) 7.1 SUBCONSULTANT must coordinate its activities with other contractors at the project site so as not to unduly interfere with the use of; or work on, a project site by CLIENT or other contractors. 7.2 Any of SUBCONSULTANT's field, testing, laboratory, or other equipment that becomes contaminated by known or suspected hazardous materials or other regulated contaminants at a project site must be decontaminated, and any contaminants must be properly containerized, labeled and secured on the project site or. if required by the applicable Work Order, properly disposed of by SUBCONSULTANT. Unless stated otherwise in the applicable Work Order, the costs to perform this task shall be deemed to have been included in SUBCONSULTANT's initial price for the Services under that Work Order. 7.3 SUBCONSULTANT shall "abandon" and grout or cap each drilled borehole in a manner so as to prevent the creation of vertical migration pathways and/or the development of surface depressions that could be detrimental to future use of the project site. 74 Amee Foster Wheeler shall use reasonable efforts to locate above and below ground utilities on a project site. Once located, SUBCONSULTANT shall be responsible for all damage(s) to all utilities and subterranean structures that result from performance of Elie Services. 7.5 Upon completion of the Services, SUBCONSULTANT shall clear away all tools, machinery, debris, rubbish and any and all other materials which may be on or about the applicable project site(s) and shall do everything necessary to restore each project site in a complete and workmanlike manner, 8.0 SAFETY 8.1 SUBCONSULTANT shall take reasonable precautions to perform the Services in a sate manner. SUBCONSULTANT will be solely responsible for working conditions on those portions of the project site reasonably within SUBCONSULTANT's work area and/or where SUBCONSULTANT is taking Samples (hereinafter defined) and in its laboratory and facilities, if applicable, including the satety of all persons and property during performance of the Services, in addition to providing any and all safety equipment or articles necessary to protect its employees and agents and to comply with applicable OSHA regulations and requirements of the owner and/or operator of the project site. Any monitoring of SUBCONSULTANT's procedures conducted by Amec Foster Wheeler will not include a review of the adequacy of SUBCONSULTANT'S safety measures in, on, adjacent to, or near any project site or in SUBCONSULTANT's laboratory and facilities, if applicable. Amec Foster Wheeler is not responsible for any laboratory safety, and Amec Foster Wheeler's responsibility for project site satiety is limited solely to its own employees and the provision of appropriate training, supervision and personal protective equipment for those employees. 8.2 If property damage or bodily injury occurs in the course, or its a result, of SUBCONSULTANT performing the Services, SUBCONSULTANT shall immediately notify Amec Foster Wheeler. An initial written incident report will be prepared by SUBCONSULTANT, followed by a detailed written account of the incident within three (3) calendar days after its occurrence in a form acceptable to Amec Foster Wheeler and which includes the results of a comprehensive incident investigation identifying root causes and detailing the corrective actions SUBCONSULTANT will implement to prevent the reoccurrence of a similar incident. The final, written incident report shall be submitted to Amec Foster Wheeler within live (a) calendar days of the occurrence. A written request for an extension of the submission deadline must be provided by SUBCONSULTANT to, and agreed to by, Amcc Foster Wheeler prior to expiration of the applicable submission deadline. 8.3 SUBCONSULTANT acknowledges that it is thmiliar with the Services and will familiarize itself with (i) the known and the inherent hazardous conditions of each project site prior to commencing Performance of the Services, and (ii) the necessity for the use of safety measures by its personnel during performance of the Services. SUBCONSULTANT shall comply with all applicable safety Laws (hereinafter defined) including, but not limited to, those under federal and state occupational, safety, and health acts, and in particular the provisions of OSHA 29 CFR 1910 and 1926, and shall comply with the more stringent of those or any site specific safety programs and procedures when required by Amec Foster Wheeler, or CLIENT, or both. 8.1 If an emergency caused by SUBCONSULTANT, its employees or agents, threatens the life or health of any person(s) or Property damage, and it is impracticable for Amec Foster Wheeler to obtain prior authorization from SUBCONSULTANT, Amec Foster Wheeler may, but is not obligated to, take such reasonable actions as it deems appropriate to attempt to mitigate or avoid the threatened injury or damage. SUBCONSULTANT shall reimburse all of Amec Foster Wheeler's costs incurred thereby. 8.5 SUBCONSULTANT shall prepare and submit to the Technical Representative an appropriate Health and Safety flan or a job -specific Job Hazard Analysis, as specified in the applicable Work Order. 8.6 SUBCONSULTANT shall provide Amec Foster Wheeler with such information as is required under 29 CFR 1910.1200-Hazardous Communication, including Material Safety Data Sheets as appropriate, for any hazardous chemicals (which may include solids, liquids or gases) brought onto any project site by SUBCONSULTANT, its employees and agents. 8.7 If SUBCONSULTANT's personnel will be entering a controlled work areas) at a project site when pertorming the Services, a copy of the site -specific Health and Safety Plan prepared by Amec Foster Wheeler or CLIENT, or both, if any, will be provided to SUBCONSULTANT for its information, and SUBCONSULTANT will discuss the same with its personnel who will sign the Health & Safety Plan to affirm such discussion was held prior to beginning performance of the Services. This sharing of information does not create any rights in parties other than Amec Foster Wheeler and SUBCONSULTANT and does not create any duty or obligation of Amec Foster Wheeler to the employees, agents and sub-subconsultants of SUBCONSULTANT. 8.8 All employees of SUBCONSULTANT who will enter a controlled work area(s) at any project site which is known or suspected to contain hazardous constituents or materials must demonstrate compliance with all training and personnel health monitoring programs [liar are required under federal, state or local regulations prior to site entry. Any personnel not able to satisfy this requirement will not be allowed to enter such work area(s), and no delay costs or other compensation will be paid to SUBCONSULTANT for failure to begin or continue the performance of Services due to inadequate personnel training. 8.9 Upon requcst, Amcc Foster Wheeler shall provide Rev. 01 /20 l5 3 D 2000-2018 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amec Foster Wheeler. SUBCONSULTANT with any readings or measurements obtained by monitoring systems utilized for the safety of Amec Foster Wheeler's employees with regard to the Services. SUBCONSULTANT shall take such additional steps, readings or measurements as are necessary for performing the Services. and will be solely responsible to interpret all information provided by Amec Foster Wheeler to determine all appropriate safety measures necessary to protect SUBCONSULTANT's employees, agents, and sub-subconsultants. SUBCONSULTANT's personnel shall employ at least that level of protection as is utilized by Amee Poster Wheeler's employees when within any controlled work area(s). Failure of SUBCONSULTANT to comply with this minimum level of protection will be grounds for denial of access to such controlled work area(s) by SUBCONSULTANT's employees. 9.0 STANDARD OF PERFORINIANCE navigable waters, US Longshore & Flabor,,vorkers Compensation Act and Maritime coverage shall be provided. If leased or temporary employees are used, an alternate employer endorsement shall be provided to Amec Foster Wheeler. 10,12 Commercial General Liability Insurance with limits of liability of not less than $1,000,000 per occurrence and an aggregate of $2,000,000 for products and operation hazard, contractual liability, broad form liability, premises operations. property damage, independent consultants, personal injury, explosion, collapse and underground (X, C & U) where applicable. 10.1.3 9.1 SUBCONSULTANT shall perform professional Services promptly, with due diligence and with that degree of skill and care ordinarily exercised by reputable members of SUBCONSULTANT's profession practicing in the same or similar locality at the time the Services are performed. All non-professional Services, if applicable, will be pertormed free from faulty workmanship and defects in material and equipment. 10.1.4 9.2 Time is of the essence in this Agreement. SUBCONSULTANT shall diligently perform and complete all Services within the time limit specified in the applicable Work Order, or in a prompt and timely manner if no time limit is specified. 9.3 SUBCONSULTANT shall not infringe on the trademark, patent rights or other intellectual property of any person(s), corporation(s) or any other entity(ies) in the performance of the Services (-'Infringement"). 9.4 If Amec Foster Wheeler or CLIENT determines that the Services or any part thereof fail to meet SUBCONSULTANT's standard of care described in Section 9.1, SUBCONSULTANT, upon notice of such deficiency, at its sole cost and expense, and without limiting other remedies available to Amec Foster Wheeler and CLIENT, at the sole option of Amec Foster Wheeler, shall either (i) correct the Services, at its expense, or (ii) pay the full cost for another subconsultant selected by Amec Foster Wheeler and approved by CLIENT (if required by the Prime Agreement) to correct the Services. Should SUBCONSULTANT lail to commence and complete correction of defective Services to Amec Foster Wheeler's satisfaction within seven (7) calendar days of receipt of notice, Amec Foster Wheeler and/or CLIENT may remedy the defects, as deemed necessary by Amec Foster Wheeler and/or CLIENT and at SUBCONSULTANT's expense, and offset the costs incurred thereby, including reasonable overhead, profit and attorneys' fees, against amounts otherwise payable to SUBCONSULTANT or, if inadequate or no sums are otherwise payable, SUBCONSULTANT shall pay such costs within fifteen (15) days after receipt ofAmcc Foster Wheeler's invoice. 9.5 SUBCONSULTANT will not communicate about the Services directly with CLIENT. 10.0 INSURANCE AND BONDING 10.1 SUBCONSULTANT shall, at its own expense, purchase and maintain insurance with insurance companies reasonably satisfactory to Amec Foster Wheeler with minimum limits and coverages as follows: 10.1A Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of liability of not less than $500,000 for each occurrence. If SUBCONSULTANT is working near or on Commercial Automobile Liability Insurance shall apply to all owned, non -owned, leased and hired vehicles, used by SUBCONSULTANT, its employees, agents and subcontractors with limits of liability of not less than S1,000,000 combined single limit far bodily injury and Property Damage Liability. If SUBCONSULTANT is a transporter of Waste Material, the commercial automobile liability insurance shall have an MCS-90 Endorsement. Umbrella Liability Insurance, shall follow form and provide coverage with limits of liability of not less than $1.000.000 per occurrence and $1,000,000 in the aggregate over the Commercial General Liability & Automobile Liability insurance requirements. 10A.5 If Amec Poster Wheeler determines that the SUBCONSULTANT's performance of Services involves intrusive or destructive work in addition to, or in lieu of, "professional services" — Contractor's Pollution Liability Insurance with limits of liability not less than $1,000,000 covering loss and liability arising out of or relating to Work that could result in or give rise to a contamination or pollution incident or condition. Insurance shall cover and include claims alleging bodily injury, property damage, or including claims alleging bodily injury, property damage or clean up which shall include investigation, response, removal, remediation and neutralization of the pollution condition both on and off site claims or to any other location to which Hazardous Materials/Rcgulated Substances were transported From the project site. Claims made coverage will not be acceptable. 10.1.6 If applicable, Professional Liability Insurance with limits of liability of not less than $1,000,006 per claim and $1,000,000 in the aggregate, such aggregate limits shall be unimpaired, covering acts, errors, and omissions arising out of the performance of services in a professional capacity. If such policy is "claims made", it shall remain in force continuously for three (3) years or an extended discovery period will be exercised for a period of three (3) years beginning froth the time the services under this contract are completed. This policy must include coverage for a pollution event resulting from the professional services of SUBCONSULTANT. If the Services to be performed by SUBCONSULTANT or any third party (subconsultant, charterer, etc.) retained by SUBCONSULTANT are on navigable waters or on any pier, wharf or other structure adjoining such waters, the entity furnishing the vessel shall be required to maintain, (a) Protection and Indemnity Insurance, including coverage for injuries to or death of masters, mates and crews of vessels used in the performance of the Services, !ones Act for employees performing Services covered by the Act (b) Coverage for excess collision liabilities and pollution Rev_41120 t j 4 0 2000-2018 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amec Foster Wheeler. 10.1.7 liabilities which shall include coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs in an amount not less than $10,000,000 per occurrence and aggregate and (c) Hull Insurance in an amount equal to the full value of the vessel. Amec Foster Wheeler and CLIENT must be named as an additional insured on the P&I, excess and pollution policies, which coverage shall be primary and non-contributing. A waiver of subrogation for (a), (b), and (c) above in favor of Amec Foster Wheeler and CLIENT is required. 10.1.8 If the Services involve aircraft (Fixed wing or helicopter) owned or operated by the SUBCONSULTANT or Charter Company liability arising out of such aircraft shall be insured for a combined single limit not less than $10.000.000 each occurrence and such limit shall apply to Bodily Injury (including passengers) and Property Damage Liability. Such insurance shall name Amec Foster Wheeler and CLIENT as Additional Insureds, include a waiver of subrogation in laver or the Additional Insureds, state that it is primary insurance as regards to the Additional Insureds and contain a cross -liability orseverability of interest clause. Hull insurance must be maintained by the Owner of the aircraft and provide for a waiver of subrogation rights in favor of Amec Foster Wheeler and CLIENT and their subsidiaries and allil€ates. In addition to the above, if the SUBCONSULTANT charters the aircraft then Non -owned aviation must be maintained with combined single limits not less than $10.000.000 each occurrence and such limit shall apply to Bodily Injury (including passengers) and Property Damage Liability. Such insurance shall name Amee Foster Wheeler and CLIENT as Additional Insureds and include a waiver of subrogation in favor of the Additional Insureds. 10.2 Prior to performing any Services, SUBCONSULTANT shall furnish Amcc Foster Wheeler with original Certificates of Insurance certifying that all insurance required under this Agreement is in full force and effcct, citing the expiration date ofeach policy and stating that the insurance will not be non -renewed or cancelled during the term of this Agreement without thirty (30) calendar days prior written notice to Amcc Foster Wheeler, provided, that ten (10) Business Days notice is acceptable fbr cancellation due to nonpayment of premiums. 10.3 The policies described in 10.1 shall be endorsed to provide for a waiver of subrogation rights in favor of Amec Foster Wheeler and CLIENT where permissible by state law. Amec Foster Wheeler and CLIENT shall be included as additional insureds on the policies described in 10.1.2 and 10.1.4 by ISO endorsement CG 2010 10/01 & its companion 2037 10/01 or their equivalent. Amec Foster Wheeler and CLIENT shall be included as additional insureds on the policies described in 10.1.3, 10.1.5, 10.1.7, 10.1.8. Additional insured forms must be identified on the certificate and such policies shall be primary and non-contributing with policies of Amec Foster Wheeler and CLIENT. Each policy shall contain a severability of interest clause with respect to each additional insured. Receipt by Amec Foster Wheeler of the Certificates of Insurance required herein shall be a prerequisite to commencement of; and payment for, the Services. 10.4 SUBCONSULTANT shall bear all risk of loss, thefft damage or destruction to (i) property in its care, custody or control that is provided to SUBCONSULTANT by Amec Foster Wheeler or CLIENT under any Work Order and (ii) SUBCONSULTANT 's equipment, appliances, tools, facilities, and temporary materials necessary to pertorm the Services. At all times and at SUBCONSULTANT's expense, SUBCONSULTANT shall maintain insurance against such loss, theft, damage or destruction in an amount not less than the replacement value of all such items. SUBCONSULTANT waives subrogation rights against Amec Foster Wheeler for damage to, or destruction of; SUBCONSULTANT's property, materials, vehicles and equipment. 10.5 Amec Foster Wheeler may require additional coverages or higher limits of liability for a particular scope of Services or as required by CLIENT. Such additional coverage or higher limits, if any, will be identified in the particular Work Order. 10.6 Each of SUBCONSULTANT insurance providers shall have an A.M. Best's Key Rating of at least A; Vlll and be authorized or licensed to conduct business where the Services is to be performed. Any and all deductibles and/or self -insured retentions in the above -described insurance policies shall be assumed by, for the account of, and at the sole risk of SUBCONSULTANT. 10.7 The SUBCONSULTANT shall cause all insurances to be in full force and effect as of the date of execution of this Agreement and to remain in full force and effect throughout the term of this Agreement and shall remain in effect for three (3) years post completion or as further required by the Prime Agreement. The SUBCONSULTANT shall not take any action, or emit to take any action that would suspend or invalidate any of the required coverages during the time period such coverages are required to be in effect. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. No policy shall be "claims made" unless so stated in 10.1. Amcc Foster Wheeler reserves the right to request insurance policies as they deem necessary. i0.8 Failure by SUBCONSULTANT to maintain the required insurance or to provide evidence thereof reasonably acceptable to Amec Foster Wheeler shall constitute a material breach of this Agreement, upon which Amcc Foster Wheeler may immediately suspend performance of or terminate this Agreement in accordance with Article 14.0. Alternatively, Amee Foster Wheeler may purchase such required insurance coverage, and offset the cost thereof against any compensation due SUBCONSULTANT. The insolvency, bankruptcy, receivership or failure of any insurance company to pay all claims accruing thereunder shall not relieve SUBCONSULTANT ofany of its obligations herein, M9 The provision of insurance by SU13CONSULTANT pursuant to this Article 10.0 does not limit SUBCONSULTANT's responsibility to Amec Foster Wheeler, nor does failure of Amec Foster Wheeler to demand a certificate of insurance or other evidence of full compliance with these insurance requirements or failure of Amee Foster Wheeler to identify a deficiency from evidence that is provided to meet these Article 10.0 requirements constitute a waiver of the requirements. 10.10 All coverages for lower tiered subcontractors shall be subject to all of the limits, terms and requirements stated herein. 10,11 From time -to -time, SUBCONSULTANT may be required to provide one hundred percent (100%) performance and payment bonds in connection with a particular Work Order. If such bond(s) is required by Amec Foster Wheeler or CLIENT, (€) SUBCONSULTANT will be notified in advance to allow adequate time to secure the bond(s) or reject the Work Order, 00 the surety company providing the bond(s) must be a "treasury listed" company and (iii) Amec Foster Wheeler will expressly require such bond(s) in the applicable Work Order. If SUBCONSULTANT's proposal is a lump sum fixed price proposal, it will be conclusively presumed that the cost of the surety bond(s) is included in the lump sum price. If the proposal is not lump sum fixed price, Amec Foster Wheeler will treat the actual cost of any such required surety bond(s) as a "reimbursable cost". If other security is required in lieu of bonds, it shall be mutually agreed upon between both 111ev.01 /2015 2000-2019 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amec Foster Wheeler, parties and Amec Foster Wheeler will expressly require such security in the applicable Work Order. 11.0 INDEMNIFICATION 11.1 For separate consideration received tram Amec Foster Wheeler in the amount of $10.00, SUBCONSULTANT shall release, defend, indemnity and hold harmless Amee Foster Wheeler and CLIENT as provided below: I L 1.1 SUBCONSULTANT shall defend, indemnify and hold harmless CLIENT and all of its parent companies, subsidiaries, affiliates and subconsultants, including their respective officers, directors. employees, principals, partners, agents, successors and assigns (collectively, "CLIENT Indemnitees'), either directly or indirectly through Amec Foster Wheeler, in accordance with, and to the same extent required by, the obligations to defend, indemnify and hold harmless CLIENT which am requited of Amec Foster Wheeler in the Prime Agreement, including, without limitation, CLIENT's obligations, if any, to defend, indemnify and hold other parties harmless. 11.1.2 SUBCONSULTANT shall defend, indemnify and hold harmless Amec Foster Wheeler and all of its parent companies, subsidiaries, affiliates and subconsultants, including their respective officers, directors, employees, principals, partners, agents, successors and assigns (collectively, "Amec Foster Wheeler Indemnitces") from and against any and all claims that may be brought or made against Amec Foster Wheeler Indemnitees on account of Infringement, liabilities, damages (including, without limitation, damage to subterranean structures, involvement with waste or exposure to, or the release of, toxic or hazardous substances and damages attributable to bodily injury (including death), personal injury and property damage), losses, costs, expenses, settlements, judgments, awards, and governmental penalties and sanctions, and reasonable attorneys' and experts' tees, (sometimes individually, "Claim" and, sometimes collectively, `Claims"), caused by, arising out of, or contributed to by any actual or alleged breach of tite terms of this Agreement, including any Work Order, or violation of any applicable federal, state and local lacy, rule or regulation (individually, "Law" and, collectively, "Laws"), hy, or any negligent acts, errors, omissions or willful misconduct of, SUBCONSULTANT, its employees, sub- subconsultants or agents, except to the extent the Claims are determined to have been caused by the negligence or the willful misconduct of Amee Foster Wheeler. 11.2 SUBCONSULTANT's indemnity obligations contained in this Agreement include any Claims made against Amec Foster Wheeler by SUBCONSULTANT's employees, except to the extent Claims arise from the negligence of Amcc Foster Wheeler, provided, that the foregoing exception shall not apply to the extent that Amcc Foster Wheeler otherwise would be exposed to an aggregate liability that would exceed any limitation on the amount or type of damages, compensation or benefits payable by or for SUBCONSULTANT under workers' compensation acts, disability benefits acts, or other employee benefit acts. 12.0 ASSIGNMENT 12.1 SUBCONSULTANT shall not assign this Agrecment, or any amounts due or to become due under this Agreement or any Work Order, without the prior written consent of the Contractual Representative and shall not subcontract the whole or any part of the Services without the prior written consent of the Contractual Representative. Notwithstanding Amcc Foster Wheeler's consent to an assignment ofthis Agreement, SUBCONSULTANT will remain liable to Amec Foster Wheeler for any assignee's performance or lack thereof. 12.2 Should SUBCONSULTANT wish to subcontract any portion of this Agreement or the Services, SUBCONSULTANT shall provide the name and address of all such sub-subconsuftants to the Technical Representative lar Amec Foster Wheeler's consent, which Amee Foster Wheeler will not unreasonably withhold. I3.0 CONFIDENTIALITY 13.1 SUBCONSULTANT will ensure that its personnel will maintain the confidentiality of all documents and information that are provided to SUBCONSULTANT by Amec Foster Wheeler or CLIENT, or both. with respect to each project and the Services, as well as all information, test results, reports and analyses generated by SUBCONSULTANT as part of the Services (collectively, " Contidential Information"). SUBCONSULTANT shall by contract or published policy require that its personnel not reveal any Confidential Information, including, but not limited to, the nature or results of the Services performed, to any party other than Amec Foster Wheeler or CLIENT without prior written consent of Amec Foster Wheeler or CLIENT, or both, as applicable, and shall direct all comments or questions only to the'fechnical Representative. 14.0 TERMINATION 14.1 Amec Foster Wheeler shall have the right to terminate this Agreement and all Work Orders, or any Work Orders without terminating this Agreement, for cause when Amee Foster Wheeler determines that SUBCONSULTANT has failed to perform any Services in a proper or timely manner or is otherwise in breach of a material obligation of this Agreement or any Work Order, provided that Amec Foster Wheeler has given SUBCONSULTANT written notice of the failure or breach and SUBCONSULTANT has tailed to cure the same to Amec Foster Wheeler's satisfaction within seven (7) calendar days after receipt of such notice. In the event of such termination, Amec Foster Wheeler shall have the right to complete the Services itself; or use another subconsultant, and SUBCONSULTANT shall reimburse Amec Foster Wheeler for all such resulting expenses, including reasonable overhead, profit and attorneys' fees. In the event that Amec Foster Wheeler's effort to terminate for cause is determined to be inetlective or improper for any reason whatsoever, such notice shall be deemed to be a notice of termination 1br convenience under Section 14,2 below, 14.2 Amec Foster Wheeler may terminate this Agreement and all Work Orders, or any Work Orders without terminating this Agreement, for convenience and without cause, upon written notice. In such event, Amee Foster Wheeler shall pay SUBCONSULTANT for Services satisfactorily completed prior to the date of termination, and not previously compensated, in accordance with this Agreement and the Work Order or Work Orders which are being terminated. 14.3 Upon notice of termination, SUBCONSULTANT shall cease Performance of all Services under those Work Orders referenced in the notice of termination and shall promptly remove all of its equipment and personnel from each project site for which the applicable Work Order has been terminated. SUBCONSULTANT shall not be entitled to Payment for any Services performed after the effective date of termination. 14.4 Neither Amec Foster Wheeler nor CLIENT shall be liable 1'or anticipated profits or for economic, incidental or consequential damages to the other party arising out of breach of contract, termination, or for any other reason whatsoever. 15.0 INDEPENDENT CONTRACTOR 15.1 SUBCONSULTANT is an independent contractor, and the means, manner and method of performing the Services are under the exclusive control of SUBCONSULTANT. SUBCONSULTANT shall not be deemed an employee or agent of Amec Foster Wheeler far any Rev .01120 I j 6 0 2000-2018 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amee Foster Wheeler. purpose. As an independent contractor, neither SUBCONSULTANT nor its employees shall be entitled to receive any employee benefits provided by Amee Foster Wheeler to its employees, and SUBCONSULTANT shall be solely responsible for compliance with all Laws pertaining to employment of its employees, agents and sub- subconsultants including, without limitation, withholding and remitting payment of FICA and federal and state unemployment compensation taxes and any federal, state and/or local income taxes and tiling all tax returns with respect to all such taxes. 15.2 SUBCONSULTANT shall have no authority whatsoever to submit proposals for the performance of any services by Amec Foster Wheeler or to bind Amec Foster Wheeler to any terms or conditions of any agreement, contracts or arrangements, or to commit Amec Foster Wheeler in any manner whatsoever nor shall SUBCONSULTANT represent to any person that SUBCONSULTANT has any such authority. 16.0 LAWS AND REGULATIONS 16A Except as otherwise set forth in a Work Order, SUBCONSULTANT shall pay all prevailing wakes and taxes, to the extent applicable, and obtain and pay for all permits, tees and licenses, and provide all notifications, required by local, county, state, or federal agencies, which are necessary for the execution of this Agreement and all Work Orders and the proper completion of all Services. SUBCONSULTANT shall comply with all applicable Laws atoll times. 16.2 SUBCONSULTANT shall comply with Executive Order 11246 relating to Equal Employment Opportunity and such other non- discriminatory and affirmative action obligations that are included in the Prime Agreement, such obligations being hereby incorporated and made a part of this Agreement by reference to its applicable parts. 16.3 The Equal Opportunity and Affirmative Action clauses of 41 CFR 60-1.4, 60-250.4 and 60-741.4 are hereby incorporated by reference to the extent applicable to the Services. SUBCONSULTANT agrees to take the following actions as appropriate to the Services: File SF-100 (EEO-1) compliance report (41 CFR 60-1.7), certify absence of segregated facilities (41 CFI~, 60-1.8), prepare or show proof of written Affirmative Action Program (41 CFR 60-1.40, 60-250.5, 60-751.5), post employee notice pursuant to 29 CFR part 471. appendix A to subpart A. or otherwise comply with all applicable government requirements. 16.4 SUBCONSULTANT shall abide by the requirements of 41 CFR, 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. 17.0 OWNERSHIP AND USE OF TECHNICAL AND OTHER DATA, COMPUTER SOFTWARE, ETC. 17.1 All copyrights, patents, drawings, sketches, surveys, designs, computer solfvvare, programs, manuals, data specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing, and any and all instruments of service or products (including all soffware) prepared or obtained pursuant to the Services shall be the exclusive property of Amec Foster Wheeler, together with all accompanying rights of ownership. as works for hire without any claim on the part of SUBCONSULTANT for additional compensation. provided, that SUBCONSULTANT may use the toregoing in the performance of Services for the Federal Government to the extent that the Federal Government has the right to authorize such use in either (i) a provision(s) in the Prime Agreement or (ii) a flow -down provision(s) in a prime agreement with a third party to which Amec Foster Wheeler and its subconsultants are subject. SUBCONSULTANT may not retain copies of the foregoing alter completion ot'the Services, aside from one confidential the copy for its records, without Amec Foster Wheeler's prior written consent. 17.2 Amec Foster Wheeler may use or re -use the materials and items mentioned in Section 17A above without restriction fbr the project or purpose for which the Services were performed. 17.3 SUBCONSULTANT shall detend, indemnity and hold harmless Amec Foster Wheeler Indemnitees and CLIENT Indemnitces from and against any and all Claims of infringement of any patents, copyrights, trademarks or trade secrets relating to the Services, except Claims that result from SUBCONSULTANT's compliance with any designs, specifications or instructions received from Amec Foster Wheeler. (SECTIONS 18 AND 19 ARE ONLY APPLICABLE IF INVASIVE, DESTRUCTIVE TESTING OR LABORATORY SERVICES ARE INCLUDED IN THE SCOPE OF SERVICES IN ANY WORK ORDER-) 18.0 WASTES 18A Except as otherwise expressly required by the Prime Agreement or a Work Order, title to all Samples (hereinafter defined), by-products, residue, contaminants or hazardous soils or materials, drill cuttings, drilling fluids and other similar materials (collectively, "Wastes") shall remain with CLIENT or owner of the project site or facility from which they were taken ('.Owner") if dift'erent from CLIENT. 181 SUBCONSULTANT will appropriately and adequately contain and label all Wastes and will promptly notify Amec Foster Wheeler that such containerization and labeling have been performed. Unless otherwise stated in the applicable Work Order, the costs to perform these Services shall be deemed to have been included in SUBCONSULTANT's initial price f'or the Services under that Work Order. 18.3 SUBCONSULTANT shall handle all Wastes properly at all times, irrespective of the disposition of title. Amec Foster Wheeler or SUBCONSULTANT will be acting solely as an independent contractor for CLIENT if either arranges for and coordinates the removal, transport and disposal of Wastes. At no time will Amec Foster Wheeler take title, constructive or express, to any Wastes. 18.4 SUBCONSULTANT shall properly store and dispose of all Wastes resulting from the Services (i) as required by the Prime Agreement or the Work Order under which the applicable Services are to be performed and (ii) in accordance with all applicable Laws and under proper manifest, if required. Upon completion of the disposal, SUBCONSULTANT shall provide the Technical Representative and CLIENT with a fully and properly executed affidavit or such other swom or affirmed indication in writing, confirming proper disposal of such Wastes. 19.0 ANALYTICAL REQUIREMENTS AND SAMPLES 19.1 SUBCONSULTANT shall sample, test and analyze all specimens, representative pieces, segments, fluids or the like and/or residue therefrom (individually, "Sampfe" and, collectively, "Samples") in accordance with the safety and other applicable requirements of the Prime Agreement as well as all applicable United States Environmental Protection Agency and other applicable Laws, standards and requirements. SUBCONSULTANT shall be solely responsible for the Rev, 01 /2015 7 Q 2000-2018 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amec Foster Wheeler, means and methods used to perform all sampling, testing and analyses. Laboratory Services shall be provided by SUBCONSULTANT in full compliance, and in a manner consistent, with any additional quality requirements of the project as described in the applicable Work Order. Amec Foster Wheeler may visit SUBCONSULTANT's facility during normal business hours to perform a quality compliance audit to evaluate SUBCONSULTANT's ability to meet project quality requirements. The inability of SUBCONSULTANT to satisfy project quality requirements shall be sufficient cause for Amec Foster Wheeler to terminate this Agreement and all Work Orders, or any Work Orders without terminating this Agreement, for cause in accordance with Article 14.0 above. 19,2 Except as otherwise expressly required by the Prime Agreement or a Work Order, title to all Samples shall remain with CLIENT or Owner if different from CLIENT, however, if title is to pass from CLIENT or Owner, if it is to pass at all, by virtue of either the Prime Agreement or a Work Order, it will pass directly to SUBCONSULTANT. in which event SUBCONSULTANT will take title to all Samples when received. SUBCONSULTANT shall properly handle and dispose of all Samples at all times, irrespective of the disposition of title. SUBCONSULTANT will be acting solely as an independent contractor for CLIENT if it arranges for and coordinates the transport and disposal of Samples. At no time will Amec Foster Wheeler take title, constructive or express, to any Samples. Upon completion of the Services, SUBCONSULTANT shall provide the Technical Representative and CLIENT with a fully and properly executed affidavit or such other sworn or affirmed indication in writing confirming proper disposal ol'such Samples. 19.2.1 SUBCONSULTANT shall contact Amec Foster Wheeler immediately upon receipt of Samples and will advise Amee Foster Wheeler of any discrepancies between the included chain -of -custody form(s) and Samples received, or of any evidence of damage or tampering with any seals or Samples. 192.2 For each Sample analyzed and for all test methods, SUBCONSULTANT must list all data in the format specified by the applicable Work Order. 19.3 SUBCONSULTANT shall perform all analyses requested and provide deliverables described in this Agreement and in the applicable Work Order. 19.3.1 The "valid date of receipt" for a Sample shall be defined as the date that the first valid, physical Sample and all of its associated, accurately-compietcd documentation have been delivered to the laboratory ("Valid Receipt Date'). At the completion of each lot assignment, the analysis due date stipulated by the applicable Work Order for any given lot ("Due Date") shall be calculated based on the Valid Receipt Date of the last Sample received in allotting period or within ten (10) calendar days after the Valid Receipt Date of the first Sample for an expedited turnaround, Thereafter, without waiving or limiting any other claims or damages that Amec Foster Wheeler may have, failure to supply the specified final deliverables by the applicable Due Date will result in the following penalties; 0) An additional charge of ten percent (10%) of the total lot price for data deliverables shall be assessed for each consecutive seven (7) day period by which SUBCONSULTANT fails to meet the applicable, non - expedited Due Date, and 00 Additionally, for expedited turnaround -time requests for which Amee Foster Wheeler has agreed to pay a stipulated surcharge, SUBCONSULTANT shall forfeit the entire surcharge for those lots for which delivery exceeds the expedited Due Date. (i]i) Total penalties assessed against any one lot shall not exceed the total price of such lot. Submittal of draft, pre -final or other interim reports, test results or other dcliverables does not satisfy the requirement that "final deliverables" be supplied by the applicable Due Date. 19.3.2 If Sample matrix can be demonstrated to be incompatible with the standard method analysis requested, the Technical Representative may waive all resultant penalties in writing. 19.4 SUBCONSULTANT shall be responsible for the preservation and handling of all Samples that it takes from a project site or receives from Amec Foster Wheeler. SUBCONSULTANT shall timely provide for its own use, or to Amcc Foster Wheeler if Amec Foster Wheeler is collecting the Samples, all necessary sampling supplies including, but not limited to, shipping containers.. Sample containers, appropriate preservatives, coolers, custody seals, and chain of custody forms and documents. SUBCONSULTANT shall ensure that all Samples are timely and saltily transported. SUBCONSULTANT shall provide all equipment and supplies needed for it to perform the Services. Any such supplies required to be provided by Amec Foster Wheeler due to late or non -delivery shall be at SUBCONSULTANT's expense; provided, that SUBCONSULTANT shall not be liable for delays beyond its reasonable control. 19.5 SUBCONSULTANT will retain any unconsumed quantity of Samples for a period of at ]east thirty (30) calendar days after receipt by Amec Foster Wheeler of the final data report from SUBCONSULTANT, at no additional charge, and, if requested, lbr such additional time at a reasonable storage charge as the parties may agree. At the end of either the thirty (30) calendar days or any additional storage period, SUBCONSULTANT will dispose of any unconsumed Samples(s) in accordance with all applicable Laws and otherwise as set forth in Section 19.2 above. 19.6 SUBCONSULTANT shall be fully and solely responsible and liable for the integrity, preservation and spoilage of; and all contamination to or from, all Samples it takes, transports and/or tests in the field or in its laboratory. SUBCONSULTANT shall be solely responsible for all costs and expenses of SUBCONSULTANT, Amec Foster Wheeler and CLIENT for retaking or re -testing of Samples, the need for which results from SUBCONSULTANT's non-compliance with the requirements set forth in the immediately preceding sentence. SUBCONSULTANT's obligations of indemnification under Article 11.0 above include, but are not limited to, reperformance of any analytical procedures that fail to meet the quality requirements set forth in this Agreement and the applicable Work Order, at no additional cost to Amec Foster Wheeler, and reimbursement of Amec Foster Wheeler for all reasonable costs incurred in obtaining additional Samples, unless appropriate, unused Samples that remain are still within allowable hold times. 20.0 NOTICES 20.1 Except as provided elsewhere in this Agreement, any notice required to be given under this Agreement shall be provided in writing and posted by certified U.S, mail, return receipt requested, or sent via ovemight courier to the Contractual Representative at the following address: Amee Foster Wheeler Environment & Infrastructure, Inc. 1105 Lakewood Parkway, Suite 300 Alpharetta, CA 30009 DAVIS ENVIRONMENTAL SOLUTIONS Rev.01/2015 0 2000-2018 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amec Foster Wheeler. 12864 Biscayne Blvd., 9324 North Miami, Florida 33181 Attn: Kate Skindzier Davis 202 Notices shall be deemed received the day delivery is either made or refused, ifsent by certified mail, or upon delivery, if sent via overnight courier. 21.0 SURVIVAL 21.1 All of SUBCONSULTANT's obligations and liabilities hereunder, including, but not limited to, its warranty and indemnification obligations and Amer Foster Wheeler's rights and remedies with respect thereto, shall survive the expiration or termination of this Agreement and the Work Orders. 22.0 TERM 22.1 This Agreement shall continue in force until January 20, 2020. or for one (1) year from the date first set forth above if no date is specified, unless terminated earlier by mutual agreement or as described herein. 23.0 NO WAIVER 22.1 No waiver by either party of any right or remedy with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence on any other occasion. 24.0 SEVERABILITY 24.1 To the extent any provision of this Agreement is unlawful or tment'orceable, that provision shall be ineffective without afFecting any other provision of this Agreement, so that the balance of this Agreement will be deemed to be a valid and binding agreement which is enforceable in accordance with its terms, 25.0 HEADINGS 25.1 The headings used in this Agreement are for the purpose of convenience only and are not to be used or, referred to in interpreting the meaning or the terms of this Agreement. 26.0 CHOICE OF LAW 26.1 This Agreement is to be construed according to the same Laws that govern the Prime Agreement, or, in the absence of such a governing law provision in the Prime Agreement, according to the Laws of the state in which the project site is located, exclusive of its choice of law provisions. 27.0 DISPUTE RESOLUTION 27.1 The parties shall undertake in good Faith to settle or compromise all disputes, controversies, or differences that may arise between them out of the performance of a party and which arise out of or relate to this Agreement (individually, "Dispute" and, collectively, "Disputes") by means of amicable discussions. Except as otherwise expressly required by the Prime Agreement, all Disputes shall be dealt with as follows: (i) Any time there is a Dispute, either party may send a written notice to the other party setting forth a detailed description of the Dispute ('-Notice of Dispute"). If the Dispute is not resolved during the first thirty (30) days following receipt of the Notice of Dispute, either Party may seek to have the Dispute resolved by non- binding mediation pursuant to the Construction Industry Mediation Rules of the American Arbitration Association. Promptly upon selection of a mediator, the parties shall provide the mediator with copies of the Notice of Dispute, all related, relevant documents and a statement of their respective positions and shall request that the mediator meet with the parties within twenty (20) days of such selection to consider and propose a resolution or a procedure for reaching a resolution. 00 If the parties have not resolved the Dispute or have not agreed in a writing signed by an officer of both parties to resolve the Dispute by binding arbitration, either party, after sixty (60) days following receipt of the Notice of Dispute (regardless of whether any mediation process has occurred or is ongoing or concluded), may seek a resolution in any state or federal court that has jurisdiction over the parties and the subject matter of the Dispute ("Court"). Either party may apply to a Court for an order, if necessary, granting preliminary relief to maintain the status quo, to avoid irreparable injury, or to obtain other emergency relief at any time during the process described above. Despite such application, the parties will continue to participate in good faith in the procedures specified in this Section 27,1. (iii) Notwithstanding the dispute, SUBCONSULTANT shall continue to perform its obligations, unless Amec Foster Wheeler terminates or otherwise suspends performance hereunder. 27.2 The procedures specified in this Article 27.0 shall be the sole and exclusive procedures for the resolution of Disputes. TO THE EXTENT NOT PROHIBITED BY LAW, THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY ACTION OR PROCEEDING BROUGHT IN CONNECTION WITH THIS AGREEMENT. 27.3 SUBCONSULTANT will reimburse Amcc Foster Wheeler for all of Amec Foster Wheeler's costs, including reasonable attomey's lees and expert's fees, if Amec Foster Wheeler must resort to litigation or dispute resolution to enforce the terms of this Agreement. 28.0 BRIBERY AND CORRUPTION PROHIBITED 28.1 SUBCONSULTANT will undertake to protect the standards of business practice of Amec Foster Wheeler at all times and to act in such a way as to uphold Amec Foster Wheeler's good name and reputation and not to do or attempt to do any act or thing which is intended and/or which in fact causes any damage to or brings discredit upon Amec Foster Wheeler. In particular, SUBCONSULTANT shall not, directly or indirectly: (i) Offer or give or agree to give to any director, officer, employee, or agent of Amee Foster Wheeler or CLIENT any gift or consideration of any kind as an inducement or reward for doing or for forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this Agrecment, the Prime Agreement, or any other agreement vvith Amec Foster Wheeler or CLIENT or for showing or forbearing to show any favor or disfavor to any person in relation to this Agreement, the Prime Agreement, or any other agreement with Amec Foster Wheeler or CLIENT. (ii) Induce or attempt to induce any officer, servant, Rev.0 t/2015 g C 2000-2018 This agreement and its terms should not be used for any purpose except as expressly consented to in writing by Amec Foster Wheeler .n Phii cc. I1r ar clll c)t` :mr ptrk ilc or ha€h#ic Ix�.h ?e, v ginrt Iron I€is IT lfcr dtEile, tit Ili, or lwr cmlah,cer no ?� ir)�aait �� t,itll :wr `:uclt alr.ut�rn)cttl. .kill lacsi. %i"1:,I,! Ilt4 l��liLnrnE � L:n� r„ ll�r ::�trlat .q�iiceahll•: Disc 1 Esre€ulr t, uYrtlltl i7.a.,ti;;� �: tt:r Ali' the l �ni€rl1 ti?;try c I h� i E?r r)El ti rct c ((c tc Ir Ptlhlic t IliiLlak AO ?It I,'E:r€:uk# . tir IRrilt�€� AO 3mo 4 Ow { lol:d ;,F'J 13el;lf car cklmI'Lill €n t .o,i; i+f .aw, "111, r 'E€r3�lcl€i Ili)fl> l€,! 5E HCa)1�t'l<f-_1A I aMLI-Il:Fncly ;ntd „c�r6, a=gi*tame., hiliCol JOU iltfc,lrrasrr. ail�Crun�ltk arai qnt;tl�l'lal.> tl3at tla:_�ti a11;n .tclrarr!.�c: �€r C.iwr�e lrLlrll -l:tE L"E: ! I1,,f�P' Vi I%:c!L'r• �%in L`c ill or WwOr + t lint. ;€€trl lh"d pad:. Enhor y. 1�,r;:L lwl1I nNIti L` a;;_;littit� ,! lvn c z i`� 3 : €. J Lip;:. slur ud d ta. esr LANTIEnCFCI;II e€r dMd "M it ¢I; M irtti35ma€ion e11111 c'Oke a=t;lcY € _�. c�.{�:arr ia�t;lraEi Irate. 3=_€c1 rE°ulaiitms. 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Iust,ez r, SIO'101E'.a':aOW mai {'telaii•i€ il�-,+ALEITIon ea ilhwst nan;iml "I'A .IFs-, na€ttc t,r 1N11 a)a3c or an} tllh�a— i,lclatik mi ,, ;€tlr`hulc� e+t`tPE send L�rt i�c;. ctc, a r i Io ;ph i �,'i. ticscert;n)�ssl`� "�c'a'I= tcElrr a€�� 1't}lil`� aea;st;t #lu€€};nl tral�liwi;iPte. ,� 3 :�I Ilt�t7�'�!, l I-lti ,t�rcc4 E:t t-,�ict� as€,al t'c�Er�hlf ,titl? -�Ii7,:C In,l;a' �11i,iliY � )tal)jtICr ! rand �:i �{iE.,rlhJ�,9 I_,t€Etl:r�l :rl rlgxFrt .a€>, l�s;rrl#;aL au�rEcll:ll tar :€:IIgaL p'acacL•�t �sl' rllc (.;;n c r in1�#W I',,-r1S'l rlcr tine';'EllcrtEr,lC+ahlluutll�.�s:e€;,lr.cttii;t lhL:,I�.;Ec�. 29m 1NII.-A ILVII.'r ;'1 f Ilti� .�rtintcnt nY�i t .ttndt3l ,! crr31+ 1:� s aril:c.h -.s�tn:rsE�€:f ��_cattc.4 h�. IYc�Ilt hnYiic: �eiuth-•j?wki rca;�l,rrer5 ;t,. ;11;�j I 11o;i( ii ;errt,3u.# . rlti, 1��ra° rni)!r to the ic€<tan,c m VnCk ,e•r 1t, 1it-.:f.r_ .Iclt-..c�.t �i€;cst�laasta�,l €;3u-1 �•�: •i„nc,i 1n Ilt. t rs,arrsLtual 1'chr�•c,t,aiid Am 1 "ME kGRLIPMEW ,.1i,! Ir,F€> 4fmYr�Elt:a1€, riie �lrauin_, ;i€E:I y�=ci[ic;sun€I; I,ai+e.ct;e! ist t€tt:; l iFi[„f 111teef.`r ;,1 ti# i1( ONY I.1,€ 1 1 Oihil- aO J #its et u;i, i;l'Lii� [c.'1H cr.vilt Ilrl CrIIIN .0'r CCCn.Citl :EI -11,, iz, y'(ia ;Lti rl .€{x.<.cl: .Ili pr;.�' i€r Lrs€sicrnikcru)ea�tte rli)fx5r€rl;€flull�, Il�rl�.�rrlt}3Li ==r trreil�l';r;i€1:ltrlw,. �.�[)r�tal�r I�riUrE€ l;r �rlEii. Mxin'_ to n;e v€hjcct m an4s Eel 1Lis .-1 :r,,:€71cn1. iEx'Lecliaa::=1s••- ;rn�! _Etl f.rn14 :urti it#lctil?OElS "No 'I":.-C! lianh, t , �lilaaina;;lll. !VI'0c;I1C:C .7 (€CYux, in 1 f3CV1Sl i I f` -"I x,v W°Ywthd. Any athllhom I car dill wH ;:.-r)t€, rsa' cla€diti=cn; Ihal r€s;tt d{ak»'�Sf i:l -p 1 L a;1n11 t€i ;IIEi T€ „0:11' s,i r'it !)r o I. r w i crl;c:ls II:EII hi, ,i it,, OicO arld -;Iall nol :Imcnil 011; ! r t)E:4>rtr ctol fi ilb =A111k C FtrsICI ti, 13CCICr_ IN &I I ?: "'s A'.I IvRLOI , Il11111 snir,111,JI u:as+� '.ccutctl ihi:- �lW,��;)tatt t�l i1^e:la: ,rl;i4,..a' liY;t uaiiYcn. 1:;a�alac,FCr�i�lt:•c;;,r �I-.Ili Y1'y`;I (,'1,1tI lmhc km, r ll`ItLcicr I nk mInin °¢ . x inir i,m ciurc. jnl:. � lcr€;:Iurrali a€ill€tsrizca llcUmum it itt ��tattatit c i°�€uth;r� Ih,-hst!€nrit�tl i!'f;C r:r,ti>L�i.1:1 �1 1: rs °rta€i+r !'au ic€_r 11. i h law srl '�3€ace}rrira:i 1d;tuluat'.nerr l'-';Ead,l ti:Inh i� P 1tr_ -!!i I �(t;w IhEn .itirCcrtk'nY .Jrlrl ,G'E€a,:,at -i�.l :hel l'c t:iee€€E r-.-z,.u7ti*^u �•�ctat st,syrrc, ea�fl�enrcd lea a;e v€nary+•: �MCLi .t.:f Sk €;, �•!;� ameC foster wheeler 1✓:kttt131T A SUBCONTRACT WORK ORDER TO: Davis Environmental Solutions, LLC Amec Foster Wheeler WORK ORDER & PO NO.: C012308169 NORTHMIAMI, F $3 18 5TE 324 Amec Foster Wheeler PROJECT NAME: Monroe C Canal Demo NoRTt3 M[AMt, FL 33181 ty KATE DAVIS Amec Foster Wheeler PROJECT NO.: 6783142614.06 DATE ISSUED: J6/15 INSTRUCTIONS TO SUBCONTRACTORISURCONSULTANT: All invoices and correspondence must identify the name of the S UBCONTRACTO R/SUB CONSULTANT and contain the name of the Amec Foster Wheeler Environment & lnfhastructure. Inc. ('"Amec Foster Wheeler') office requesting the Work/Services as well as Amec Foster Wheeler's Project Name, Project No. and Work Order & PO No. Invoices must be received by Amec Foster Wheeler within thirty (30) days of performing the Work/Services and sent to Amec Foster Wheeler either by hardeopy or electronically to the following address: 5845 NW 158th Street Miami Lakes. FL 33014 Attn: Wendy Blondin Email: wendv.blolndin04amecfw.com SUBCONTRACTOR/S(BCONSULTANT shall perform the work/services described in this Work Order ("Work/Services°') for the benefit of Amec Foster Wheeler and Monroe County ("Client") in accordance with the terms and conditions contained in that certain Subcontract Agreement PBT2015-010 between Amec Foster Wheeler and SUBCONTRACTOR/SUBCONSULTANT dated 1/2t1/15 and any amendments thereto (colfectively. '•Agreement"), including, without limitation, the Prime Agreement between Amec Foster Wheeler and Client which is included as Exhibit 2 as follows: ® Attached to this initial Work Order under the Prime Agreement, or ❑ Previously provided with initial Work Order under the Prime Agreement and incorporated herein by reference This Subcontract Work Order directly or indirectly supports Federal Government Contract: ElYes ® No. If yes, Contract No. DPAS Rated Order: ❑ Yes ® No DPAS Rating: This is a Rated Order certified f'or National Defense use, and the Subcontractor shall follow all the requirements of the Defense Priorities and Allocations System (15 CFR 700). REPRESENTATIVES: In each Work Order. Amec Foster Wheeler will designate a contractual representative ("Contractual Representative") and a technical representative ('"Technical Representative"), Correspondence or discussions pertaining to changes in the SOW. Agreement Amount, Period of Pertormance, or terms and conditions of this Agreement shall be made with Amec Foster Wheeler's Contractual Representative. No changes to this Agreement shall he binding upon Amee Foster Wheeler unless incorporated in a written modification to this Agreement and signed by Amec Foster Wheeler's Contractual Representative. Subcontractor shall not communicate with Amee Foster Wheeler's Client or other Amec Foster Wheeler subcontractors without the prior written approval of Amec Foster Wheeler's Contractual Representative. The Services set forth in the SOW will be performed under the technical direction of Amec Foster Wheeler's Technical Representative, Amee Foster Wheeler's Technical Representative is not authorized to change the SOW, Agreement Amount, Period of Performance, or terms and conditions of this Agreement. If, in Subcontractor's opinion, any technical direction constitutes a change to this Agreement, Subcontractor shall give immediate written notice to Amec Foster Wheeler's Contractual Representative, Unless and until authorization to proceed with the change is granted by Amec Foster Wheeler's Contractual Representative, the Subcontractor shall perform in accordance with this Agreement as written and unauthorized work is perinrmed solely at Subcontractor's risk, liability, and expense. Contractual Representative: Patricia Thompson Technical Representative: Eric Carman SCOPE Or VVORK/SERVICES: SUI3CON I RACTOR/SUBCONSULTANT shall perform the Work/Services which, if not set forth immediately below, is/are set forth o Performance of the Work/Services, coordination Exhibit 1. Among other things, the Work/Services will address coordination and other areas relevant to, and appropriate for, the proper On -site field inspections during the construction to ensure all permits and contract requirements; Address: Canal#29 Sexton Cove, Key Largo, FL; POP: 12 weeks starting 2/9/2015 Rev. 112015 Sf CfC't) t"ft_lC"]O1: Sl i1CC)N5i`LT;1 "f Shull WWI' Etc lt=ori:;'~ ekes wW deliver the twrk priAtict in .1c,:01-?a1cc isilh nce �ulieduL u!ticL' i,,4et fimth umn diately hclu,, TQI;.j;j<IS SPITJAL PROVISION : lit addititsn. un} ;1•.ccial prasisOn, apphCahlc trt SI EiLONJX,V"Its12's-St:1:iLt)\SC:I_IA> l`s 11urlv5crvicc, art altachetl €[r arnl 1'FtaEC n Pun A €his �19warlent as Ishii}it 3, Sl;s 6, Pm i5im. m, some the ahpNi uNr Waj c lhturminatian and t"elatal retltrirentcrtis Such ens Ccs'tilicil {tat rolls. NOW U`F..: t I in :�u[istitc€[its e,inipietirtn t+t Lh \fink Sznices, -1n�ec I [r tct 1Glteehr shad pad and St lit:ov"I3L'E.:1:1 1 ;1talE iL�epl the €1sllntrinL-:iS full ct>ntpt nsa€itsn li[r Ih 11`t,rk 4ert iee : Ilse Nw-1i3-I yLecd trust Reimbursement kir the 11ttrk.:tierviccti, tchich is 15 I• ❑ I lie \t71-ttY-1-,Nceed I am I -hell Pt' C Aw Lhe. 11 y f,0.1cl, iso. t4111i 1t i rS }, ❑ the its[-ns Fivc" l l'inte & Ai;ttcri Is Price i w fire 11"631 An On. uhich is illint A S W`;;ttttl Nine I lmWfvti y y-ciwM U:tlltt q =,I ! tttilm (.'znts O 8.%8.'111. he I`" d i'ttit!'rice liar lire wttrh:-Scil in, srltiih i. I €'the e[sntltctasatirsn is hi secl upon a Price 1't:e Schedule, applit Ale hilog iAs wv SWAN (iii;h in I Uti h 4 Irzaw and inwrpt; mm lrcrei;t. \nt Lie%kititm Irnin the alms p[•ice Inns€ he aimiu i, In' an eNe"'eLI 90Mrt MU C°h qc Of -der A rtetl by =,Etc Ci tttr �sttal R:lreltirtatic, ii,stetl abate, I'll NIL = lIF1 RULEASF: 1 F Eunl lien Slow Imm accnntp,Lny ON 4l `E3CYaN I TV FOIL S[ 1 ,o%,sul. I AN= I"y lima] im.uicc: ❑ Yo ❑ �n I V'S1 `,t :11fON IEl A(:] Oli, St' L ONSU KNN F "il) mu Ctinrs10me I1WAm Ws unul it arts Ws Amu t°omr U h let stilt .[ nm€lit vi iJenein all in.surtnce o?r'L,,:t_>es rctl 6wd ul h. l lte "Mu-m retluirc:tnmw in We ,lgretrmul am rttt oli d its {itllFnt Ii;i' iltt "010SMAn set Anh on I: Mhibits I ;urd ; awsw ❑ Na Ch:tn ws .IItFs€ iitcCtLJ I'ri:nt: C"ttn[i'.[L;l ralttirctn.nts SI_`121iT1' IiC7NI)5 #]i'2 OT11E12 .SEC'LRf'I'1': tint required, ❑ R'*' ncnt and I'<rlbrmari e liunels I I oo,!" } ❑ ( 4hu.[-SuLu`;1t. . FXHI13IT5 -1T'1 •kf'I]E t) E �ltibit l- S�:Lipe rs]'11�urk t_tihih€t �• 1'1•intr_Dare;-m4nt ��' l;,�hihil 3- S[t�Wcial I'rtniwqun, ilutt Ltir4€ FAhihit 41 I`riccrhee SChedt[Ic ❑ 1Ahihit 5- [)rnvints and .titaecitit atiun into Uied) .1!)DH'I0:V,>tl_ E\IIli31'P5; Iltt litlluw[n 1: lhil}its we [r"c p n ul'this " Orefer if•tiret is+m auhmiueLI by tltc SI Il 'ON 11t.V. 1"()1t St.. 11L`U�1til E, 11?i I: • Esihit 6 - IUpm:,cntalitin, it (:'ertiticatifms • 1011 7-Strbt;tnrit'.itw i "I he Tsui•_ly, & EnnaS411nt:nlal (ENE) lots Vracndmi pislit;r' QTIIER. NO Ih tttcir Awrtatttres Iu:i,tstr, the pLirde", acknuulct]iL tlt.st thci shall l e htrnnti h} thi [L rntx ;!i This �t:l^u!ntra�t tl t+rk t."hder, incls:sling Ole I:xltibits hctertr, �[tti that the tan.IcrSi-Iled are autl;ttriled to enter imi) thi, tiuhcuntrtet Wtsrk C3rtkx. til=llC'ON' I ftAC:1 Oft,:SL BC0i\,4t,II.."C, N I - !Tint ":ante A 4 Ruv. t A i 1nte: ] u5ter ll 111CCicr € it% ir.snntcrlt Y lati;utitrueturc. Inc. l i[ic �Lthuinll let ; 11161is€fakir Date Exhibit 1 to Work Order Scope of Work Exhibit 1 Scope of Work AMEC Foster Wheeler Environment & Infrastructure, Inc., is currently under contract with Monroe County to perform engineering and other support services required to complete final designs and obtain permits for six (6) identified canal restorations included in the Monroe County demonstration program for canal water quality improvements. AMEC's scope includes seven (7) tasks: (1) Additional data collection/processing; (2) Preliminary design 30% Construction Documents; (3) Permitting; (4) 60% Construction Documents; (5) 100% Construction Documents; (6) Bid Support; and (7) Construction support services and engineering during construction. AMEC's Prime Agreement with Monroe County is part of this Work Order. Davis Environmental Solutions is required to follow all the provisions in AMEC's Prime Contract with Monroe County. As per Section 9.3 Successors and Assigns of Prime Agreement "The CONSULTANT (AMEC) shall not assign or subcontract its obligations under this Agreement except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assignees and legal representatives to the other and to the successors, assigns and legal representatives of such other party. The CONSULTANT shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY." AMEC wants to subcontract Davis Environmental Solutions to assist AMEC with a component of Task (7) which includes site Inspection services during the construction of the canal restorations. The Scope of Work will include the following: I. Detailed Scope: Provide a qualified, and AMEC Foster Wheeler pre -approved, on -site inspector during the canal restoration field activities to complete the following tasks: a. Oversight the contractor daily to ensure that all permit and contract requirements are followed (a Project Manual with all permits, contract documents, including design drawings, will be provided at the pre -construction Erick -off meeting) b. Collect turbidity readings in the canal and in the Florida Outstanding Waters immediately outside of the canal as per the permit requirements and AMEC prepared monitoring plan (to be provided during the pre -construction kick-off meeting) c. Perform threatened and endangered species monitoring per permit requirements d. Attend weekly project meetings with the Contractor and AMEC Foster Wheeler e. Prepare daily work reports that include Contractor's activities, equipment, Maintenance of Traffic, health and safety, environmental compliance, and any other site activities, including visitors. f. Update AMEC foster Wheeler on project activities on a daily basis. g. Contact AMEC Foster Wheeler's Project Manager, Wendy Blondin and/or Senior Engineer, Melvinsky Ramirez, immediately if any conditions significantly deviate from the permit or Contractor's scope. 2. Project Location Canal #29 Ke Lar o Backfillin _project in Sexton Cove between Buntingand Pi eon Drives 3. Project Schedule The project start date is February 16, 2015. The project duration is currently estimated at 60 days of field work scheduled for Monday to Friday for 8 hours a day which includes travel, total 480 hours. Exhibit 2 to Work Order AMEC's Prime Contract with Monroe County for Engineering Design and Permitting Services for Canal Demonstration Projects AGREEMENT FOR THE ENGINE0MG, DESIGN, AND PERNEnu IG SERVICES FOR THE CANAL DEMONSTRATION PROJECTS THIS Contract (The AGREEMENT) made and entered into this 219 day of MayLQL4 by and between Monroe Counrv_ a political subdivision of the State of Florida, whose address is ,M Sirnont Ke Wt Flori&its successors and assigns hereinafter referred to as the "COUNTY," through the Monroe County Hoard of County Commissioners (BOCC), the Owner and v'=guma corporation of the State of Nevada whose address is JW NW 158th Street Mimi Lakes. Florida 33014 its successors and assigns, hereinafter refcned to as "CONSULTANT"'. WPTNESSETH: WHEREAS, the COUNTY benefits economically and environmentally by having non -impaired water quality in its canals and near shore waters; and WHEREAS, the COUNTY has completed the Canal Management Master Plan to better understand the condition of the water quality in its 502 canals; and WHEREAS, the COUNTY has agreed to proceed with several demonstration projects to test various methods for canal restoration techniques to verify the applicability, feasibility, effectiveness and costs in real time of the techniques on the canals; and WHEREAS, the COUNTY issued a Request For Qualifications for a firm to design and permit the projects. and provide construction administration services; and WHEREAS, the CONSULTANT was a qualified respondent and the COUNTY desires to enter into a CONTRACT with the CONSULTANT; and WHEREAS, the CONSULTANT agrees to provide professional services for the demonstration canals to include design, permitting, bathymetric surveys, mangrove assessment, tidal studies for hydraulic modeling and geotechnical studies, project management and construction support services; NOW. THEREFORE, in consideration of 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: ATIC E TATIONS AND N ARRAS= By executing this Agreement, the CONSULTANT makes the following express representations and warranties to the COUNTY: II Page 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site(s) and the local conditions under which the Projects are to be designed, constructed, and operated. 1.1.3 The CONSULTANT shall prepare all documents requited by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; and shall use information gathered as a result of the prior contracts with the County, including the preparation of a Master Plan, bathymetric surveys and work performed prior to selection of the demonstration canals. CONSULTANT shall not receive additional compensation under this contract for work performed under other canal related contracts. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any other of his/her employees, contractors, servants, or agents to be employees of the Beard of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person based on race, creed, color, national origin, sex, age or any other characteristic or aspect which is not related, in its recruiting, hiring, promoting, terminating, or other area affecting employment under this agreement or with the provision of services or goods under this agreement. 21Pag;P 2.1.1 The CONSULTANT will perform for the COUNTY services as described in the CONSULTANT'S scope of services, attached as Exhibit A and the Schedule of Fees, attached as Exhibit B. 2.1.2 This CONTRACT is effective on the 21sg of MgL 2Q14 and shall extend through June 30, 2015. The CONSULTANT shall provide the deliverables as specified in Exhibit A 'Deliverable Schedule' And shall submit invoices following Exhibit B "Schedule of Values". 2.2 CORRECTIONS OF ERRORS, OMISSIONS, DEFICIENCIES 2.11 The CONSULTANT shall. without additional compensation, promptly correct errors, omissions. deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENTS 2.3.1 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the COUNTY by certified mail, return, receipt requested, to the following: Mr. Roman Gastesi, Jr. County Administrator 1100 Simonton Street, Ste. 2-205 Key 'West, FL 33040 For the Consultant: Mr. Jose R. Perez 5845 NW 158'' Street Miami Lakes, FL 33014 Rhonda Haag Director of Sustainability M.E. Nelson Government Center, Ste, 2-246 102050 Overseas Highway Key Largo, FL Wendy C. Blortdin 5845 NW 158" Street Miami Lakes, FL 33014 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and as follows: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as a part of Basic Services. 3 1 P a g e B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 4.1 The COUNTY shall provide information regarding county maintained roads and maps. CONSULTANT has more knowledge of the details of the project than the County since the conclusion of various contests including the preparation of a Master Plan, bathymetric surveys and work performed prior to selection of the demonstration canals. 4.2 The COUNTY shall designate the Monroe County 5ustainability Office or its designee to act on the COUNTY'S behalf with respects to the Project. The shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANTS services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or nonconformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4A The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as feasible for the orderly progress of the Consultants services and work of the contractors. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work which are in the possession and control of the county. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested 4jPage ARTICLE V ATI N AND RQLD 5.1.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Hoard of County Commissioners from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, And expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONSULTANT or Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT in any tier, their employees, or agents. 5.1.2 The first tent dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plants and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.1.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.1.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.1.S This indemnification shall survive the expiration or early termination of the Agreement. 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: 51Paga NAME Wendy Blondin, P.G. Stephen Hanks, PE Greg Coming, E.1. Peter Medico, P.E. Jeremy Paris FUNCTION Project Manager Senior Engineer Project Engineer Construction Administration PM Staff Scientist So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE U PAY1 ' N' 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement, for a total Not to Exceed Amount of 5u Hunk x UM Thous N' pars and Sevent -ei t c 7.2.1 For its assumption and Performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be Paid monthly according to Schedule of Values listed in Exhibit B. (A) If the CONSULTANT'S duties, obligations and responsibilities arc materially changed by amendment to this agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, an invoice to the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought that the COUNTY may require. (C) For the performance of the optional additional services and contingent additional services described in Article III of this contract, provided same are first authorized in writing by the COUNTY, the CONSULTANT shall be paid hourly at the rates identified in Exhibit B, or as negotiated. 6 1 P a g e 73 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the Project: a. Travel expenses shall be allowed Orly to the extent and the amounts authorized in either Section 112.061, Florida Statutes or Monroe County Code Section 2-111; however prior to incurring any travel expenses written approval for any reimbursable expense must be obtained from the Owner or desigace, b. County Voucher forms must be filled out and submitted with the travel expense to obtain payment. 7A BUDGET 7.4.1 Monroe Cou nty's performance and obligation to pay under this contract is contingent Upon annual appropriation by the BOCC. ARC MIROCE &1.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the Project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such, delay. &1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida, The insurance certificate shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.1.3 CONSULTANT shall obtain and maintain the following policies; A. Workers' Compensation insurance as required by the State of Florida. sufficient to respond to Chapter 440 Florida Statutes. B. Employers Liability Insurance with limits of1,000,000 per Accident, $1,(lU0,OQ0 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations. and owned, hired 7 1 P a g e or non -owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million, Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants. including Premises and/or Operations, Products and Completed Operations, independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which they may be reported must extend for a minimum of 48 months following the termination or expiration of this Agreement. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made' policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANTS liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by including any subsection hereunder. The COUNTY reserves the right to review a copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. in addition. the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. J. CONSULTANT shall provide evidence of all completion of all insurance requirements, including demonstration that County has been included as additional insured within 30 days of the execution of the contract by both parties. Failure to provide the documents required as determined by the COUNTY constitutes reason for termination of the contract by the COUNTY, without payment of damages of any nature, by the COUNTY to the CONSULTANT. 81Page 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and that it is agreed that such section headings are not a part r this Agreement and will not be used in the interpretation of any provisions of this Agreement 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without aclmowledgement or percussion of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. 'This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, assignees and legal representatives to the other and each party hereto binds itself, its successors, to the successors, assigns and legal representatives of such other party. The CONSULTANT shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. 9.4 NO THIRD PARTY BENEFTCTARTIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9-S TERMINATION 9.5.1 If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this agreement, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the CONSULTANT. The County shall not be obligated to pay for any services provided by the CONSULTANT after the Architect has received written notice of termination, unless otherwise required by law. 9.5.2 In the event the CONSULTANT shall be found to be in breach of any of the clauses of this agreement or in any aspect of service, the COUNTY shall have the right to terminate this Agreement for cause after five (5) days written notification to the CONSULTANT. 'Tye CONSULTANT shall have 15 days to cure the breach to the breach and send written notice to the County of the nature of the curse. The County and the CONSULTANT shall meet within 13 working days of the written notice of cure to determine if a cure has been acc�mplishe tin. If no 9 1 P a g e accord can be reached between the parties the Board of County Commissioners shall make the decision of whether or not to terminate the agreement at a public meeting of the board. 9S.3 The County may terminate this Agreement without cause by ,giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS The contract documents consist of this Agreement and Exhibits A and B, • and modifications made after execution by written amendment. In the event any conflict between any of those Agreement documents. the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRUviES A person or affiliate who has been place on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of meal property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), Violation of this section shall result in termination of this Agreement and recovery of all moneys paid hereto, and may 'result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit that it or any subconsultant has committed an act defined by Section 287.133, as "public entity crime", and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS A. CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shalt be retained for a period of five years from the termination of 101 Page this Agreement. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such, records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to County. B. "Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by taw. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. " 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COST AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue will lie in the 15 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. The County and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABEUTY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and 111Page provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings, as an award against the nort-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.12 DMING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered, to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications. requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9•15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. if no resolution can be agreed upon within 30 days after the first tweet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 121Pag 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NON DISCRENMATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes. and all local ordinances, as applicable:, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794). which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255). as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VM of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1.3jPage 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313. Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION / PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection Of. all documents, papers, letters or other materials in its possession, or under its control subject to the provisions of Chapter 119, Florida Statutes and Section 9.8 of this Agreement, and made or received by the CONSULTANT and COUNTY in conjunction with this Agreement, and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND Il' CWUNITy All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability. workers` compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 141Page 9.24 LEGAL OBLIGATIONS AND RESPONSIBE TTIES Nan -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and ease law. 925 NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of therm, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities. have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as the COUNTY may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement, or under State and Federal law, are agate, complete, and current at the time of contracting. 'The original contract price and any additions thereto shal price was l be adjusted to exclude significant sums by which the agency determines the contract increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9J8 DISADVANTAGED BUSINESS ENTERPRISE Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 2fi, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds 151 Page under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to Participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The CO'CTNTY and the CONSULTANT and subcontractors shall not discriminate an the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which takers together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNF,.SS WHEREOF, each party caused this Agreement to be executed by its duly Y 1 ed representative on the day and year first above written. N BOARD OF COUNTY ComNMIONERS RK OF MONROE COUNTY, FLORIDA Cleric By: ..._ ayar/Chairman Date: &- I-7. 14 (Seal) Attest: By: WITNESS for AMEC Title: fv 161 Page A,NIEC ENVIRONMENT & INFRASTRUCTURE, INC. By. WITNESS MONROE COUNTY ATTORNEY PR�V D AS T�A�S E��j ( Ci NATIL ENE W EE ASSISTANT COUNTY ATTORNEY Date_ -�,-� Exhibit A CONSULTANT'S SCOPE OF SERVICES 171Pa8e EXHIBIT A AMEC's SCOPE of SERVICES AMEC Environmental & Infrastructure, Inc. (AMEC) will provide the following scope of professional services for the specified costs related to performing additional assessment, design, permitting, and engineering support during construction at six (6) of the seven (7) canals selected for funding in the Monroe County Canal Restoration Demonstration Program. The scope and cost estimate for the seventh demonstration canal (#278 Eden Dines) is not included due to recent access issues that are requiring a redesign of the conceptual plan for the restoration. After completion and homeowner acceptance of the revised conceptual design, AMEC will submit an amendment to complete the final design, permitting and engineering support during construction at the #278 canal. Table 1 shows the list of the currently selected canals and proposed restorations. The costs presented in this proposal are based upon AMEC's ability to complete the tasks for all six (6) canals concurrently. If this cannot be done additional funds will be required. This document provides the detailed scope and cost estimate for the engineering and other support services required to complete final designs and obtain permits for six (6) Identified canal restorations included in the Monroe County demonstration program for canal water quality improvements (refer to Table 1). The objectives of the scope of work for six (6) of the canals are to: (1) Obtain any additional assessment field data required for the designs; (2) Complete preliminary, 60%, and 100% Construction Documents; (3) Prepare permit packages for state, federal, and local permit applications at the completion of final design plans; (4) Complete construction technical specifications and engineer's probable construction cost estimates; and (5) Provide engineering support services during the construction. A scope of work for each of the six (6) canals restorations Is provided in detail in the following pages. TABLE 1 IDENTIFIED CANALS SELECTED FOR INCLUSION IN THE MONROE COUNTY DEMONSTRATION PROJECT PROGRAM WE BARRIER ORGANIC CULVERT PUMPING BACKFILLING REMOVAL INSTALWTION #266 Big Pins DoArm #266 Big Pine #459 Geiger #29 Key Largo Subdivision E]octor's Arm Subdivision Boca Citica Sexton Cove Ocean Shores between Witters between Witters Estates Subdivision Subdivision and Bailey Lanes and Bailey Lanes between Boca between Bunting (one canal two Chica Road and and Pigeon Drives Jay Lane restorations) #277 Big Pine #287 Big Pine #290 Big Pine Atlantic Estates between Avenue I Tropical Bay Subdivision and Avenue J Subdivision between Hollerich between Watson and Atlantis Drives Blvd and Sunrise Drive COST Es nmATE Detailed cost spreadsheets have been prepared for each canal restoration. There are seven (7) tasks for each canal as well as an overall project management budget Included for managing the six (6) restoration projects. The cast spreadsheets are included In the following attachments with each canal scope and provide task detail related to assessment, design, permitting, bid support and engineering services during constructlon. A summary of the total estimated costs by canal as well as totals by task for all six (6) canals is presented in Table 2. 2 x_ N 0 M a o 3 a c o n o � tD of cV �f '� Ln C? O Cz V C W3 '� tL1 wN-� � p V- yD ups 4* to M► N M r! �'` yf t� H rn N tli Q N C p O © 0 `° p Z i� 06 LD co `o L o O C m � co #Lt ull � w F- N q �' $ o LUaq m Q © ryy U cn t� O Lo cc a ca E N 0 f FF} 6�? h9 4ii cm 1R W IR C Q G©0 mot: Cl C� > iV r CA c O u] N �- p C] 4 L7 a U aj 6 tdco G J Ca % 4^ LU A." n > o 0 0 o a $ m� .0O LL 2 O ,ii a co i. pop N. C 01 q O rg ti CV r- �- w- © r tC E C O U * to es r r V). V' 6y 44co C4% ui a U C14.0 `m � � o c o 0 Q In LUa h- EN V, N a © 'mod' O U y () � ear c LU in g C. 17 $ a 04 Le) wZ �' G� W E m C~71 cp co N az c 4p O l:��� O cn V' Q ITt7 O � V m � ti W w sus LL O � m a � LU Q V FA V Q N Q a G C C f!1 U H C m U QC Q c tL L� c m °2 m lCa 1.. 13 m us a` c cat a V4 � C3 (d m AMEC Scope of Services Related to Cana! Restoration Demonstration Design, Permit and Engineering Support During Construction CANAL #266 BIG PINE KEY DOCTORS ARM SUBDIVISION WEED BARRIER AND ORGANIC REMOVAL RESTORATIONS BACKGROUND The scope of work developed for completing the restoration design for Canal #266, located in Doctors Arm, Big Pine Key, is based upon previously collected information which is summarized on the information sheet and conceptual design provided (attached). These documents are part of the report titled 'Monroe County Selection of Demonstration Canals for Water Quality Improvements; dated November 8, 2013. DETAILED SCOPE OF WORK The scope of work is broken down into the following tasks: • Additional data collection including bathymetric and planimetric surveys, sediment sample collection, dewatering design bench scale testing, and mangrove surveys, as required to complete the design and permitting of the proposed restoration » Preliminary Design — 30% Documents • Permitting 60°% Construction Documents • 100% Construction Documents with Bid Support • Construction Support Services and Engineering During Construction Task 1: Additional Data Collection/Processin The first task is the collection of additional data that will be needed to finalize the design for both installation of weed barrier and organic removal from the canal bottom at Canal #266. AMEC shall schedule a site visit to meet with homeowners to discuss the conceptual designs, confirm the locations of the equipment Involved with the restorations Including staging areas, and obtain any additional Input from the homeowners that might affect the final designs. AMEC shall coordinate the site visit with County staff. During the site visits the locations and specifics of additional data collection, such as survey limits, will be verified. AEMC will complete an existing conditions survey of the staging areas and equipment locations, seawalls, and other dock features of all properties located within the project limits. This will be performed by boat and foot and will consist of photo documentation and completion of a checklist detailing all structures, boats, davits, etc. The condition and depth of the seawalls will be noted. A general engineering site evaluation will also be performed to denote other applicable site conditions such as existing utilities, existing structures (e.g. weed gates, aerators) that will require demolition, access issues, etc. AMEC staff will identify and delineate mangrove wetlands within the project footprint In accordance with Florida Administrative Code, Chapter 62-340, the USACE 1987 Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Wetlands, Including mangroves, will be evaluated utilizing the FDEP Uniform Mitigation Assessment Method (UMAM), Wetland Rapid Assessment Method (WRAP), and/or the Estuarine Wetland Rapid Assessment Method (EWRAP) (depending on regulatory agency requirements) to assess the direct and indirect impacts as well as to determine the appropriate compensatory mitigation, if any. E Prior to the site visit, AMEC will research and assemble available soil surveys, site topographic maps, and National Wetland Inventory maps to preliminarily identify potential waters of the U.S., wetlands, and streams. AMEC will then conduct the held visit to characterize the delineated wetlands. Delineation includes on -site determination, marking in the field with a handheld GPS unit (sub - meter accuracy), and flagging of the aerial extent of each wetland (if any). Note: FI ride International Universi FlU staffwill erform the benthic and threatened and . . .. canal characterization being erformed under anexisting EPA rant. AMEC will obtain FIU's survey data and incorporate the information into an ecological evaluation report required for permit submittal. AMEC will obtain bathymetric and planimetric data for the canal area within the footprint of the proposed restoration as well as immediately surrounding structures within the project boundary. These will include the location at the canal mouth where the weed barrier Is proposed and the proposed area for the electrical service drop and blower. The bathymetric survey will be carried out utilizing a survey -grade GPS unit operating in Real Time Kinematic (RTK) mode mounted atop an adjustable height rod. This apparatus will be used in a boat to traverse the canal area as best as possible to establish a grid of canal bottom elevations sufficient to develop a digital elevation model. The thickness of soft sediment will be determined in addition to top of hard rock. The planimetric data will be acquired in the area of the proposed blower location and will detail the existing utilities, private property, and any other significant structure within the immediate area. Bathymetric maps will be prepared for design and permitting of the project. The survey and all subsequent work will be relative to the North American Datum of 1983/2007 Adjustment (NAD83/07) and the North American Vertical Datum of 1988 (NAVD88) based on nearby National Geodetic Survey (NGS) and/or Florida Department of 'Transportation (FDOT) horizontal and vertical geodetic control monuments. All surveying and mapping services associated with this assignment will conform with the applicable requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. Review of the existing sediment characterization data collected under DEP Grant S0769, has identified that additional bench scale polymer testing and a Geotube Dewatering Test are needed for designing the organic removal dewatering system. Additional sediment and canal water will need to be collected for this testing. AMEC will collect approximately six (6) soil cores to obtain the necessary 10 gallons of sediment. Additionally AMEC will collect 20 gallons of canal water. Both sediment and water will be shipped to WaterSolve LLC in Michigan for testing. An acute and chronic toxicity test of the bench scale dewatering effluent will also be performed by AMEC's Gainesville Toxicology Laboratory. AMEC will attempt to gain approval for land disposal within the Keys for the removed organic material. At this time, it is not known what additional field assessment tasks will be required to obtain approval for the disposal. N Task 1 Deliverables: • Engineering Site Reconnaissance Summary • Baseline Conditions Survey • Technical memorandum with the attachments of the bathymetric survey and Geotube Dewatering Test results • Ecological evaluation report. Task 1 Budget: $ 32,973.15 Task 1 Completion Data: 90 days after Notice to Proceed Task 2: Preliminary.Des& n - 30% Documents AMEC will review the existing conceptual designs along with the newly obtained additional assessment data and examine each design alternative in further detail and modify as needed to achieve the best possible result. AMEC will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction details. The preliminary design plan will be submitted to Monroe County at the conclusion of this task for final review and approval. County review time is not included in the project schedules. Task 2 Deliverables: • Preliminary design plans that including a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans, and e. construction details. Task 2 Budget: $ 10,634.00 Task 2 Completion Date: 90 days after Notice to Proceed Task 3: Permitting AMEC will obtain permits from the required regulatory agencies for the proposed weed barrier and organic removal restorations. The identified list of permits is shown below: Environmental Resource Permit — SFWMD consultation with FWC Dredge and Fill Permit — USACE, consultations with NOAA Fisheries, USFWS FKNMS Permit -- NOAA FKNMS DEP — Mangrove trimming, if required. AMEC will coordinate and attend pre -application permitting meetings. An initial pre -application meeting will be set up with the designated permitting representatives to identify permitting requirements and agency concerns. Following site investigations, a follow up pre -application meeting may be required to discuss any potential Impacts to natural resource and any avoidance, minimization and mitigation requirements. The follow up pre -application meetings may include site visits with the regulatory agency representatives. Once a clear path forward on required 7 consultation and mitigation to acquire the permits is identified, the Joint Environmental Resource Permit (ERP)/Federal Dredge and Fill 404 permit application and a NOAA National Marine Sanctuaries Permit application will be completed along with any supporting documents (Endangered Species Act Biological Assessment and/or Essential Fish Habitat Assessment) will be prepared. Estimated permit application fees are included in the costing for this scope of work. If impacts to wetlands or benthic resources are identified, AMEC will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. Costs to purchase mitigation credits are not included in the cost estimate as it is unknown at this time what will be required. Once permit applications are submitted, the agencies will have the opportunity to prepare a Request for Additional Information (RAI). AMEC will prepare responses to the RAIs. The scope of work for the permitting includes only non -sovereign submerged lands located within the project footprints. Task 3 Deliverables: • Meeting minutes of the pre -application communications • Completed permit applications. Task 3 Budget: $ 11,317.10 Task 3 Completion Date: 135 days after Notice to Proceed Task 4: 60% Construction Documents Upon acceptance of the preliminary (30%) designs, AMEC will prepare a 60% construction submittal. The Construction Documents will include each of the following components: • Survey — AMEC's licensed surveyor's bathymetric and planimetric surveys. • Construction Plans — depicting site impacts, maintenance of traffic, and utility impacts and relocations, if necessary. • Specifications — Technical specifications for the project, utilizing County Standards where applicable, other accepted Industry specifications if needed (i.e. FDOT, SFWMD, etc.) or developed specifically for this project application if necessary. • Schedules — AMEC will prepare a detailed construction schedule, working closely with the County, the homeowners and other stakeholders to phase, sequence and complete construction while considering the constraints and limitations. • Estimate of Construction Cost _ The cost for the canal restoration will be refined throughout the design process and a detailed Engineer's Opinion of Probable Cost will be prepared and submitted with the 60% construction documents. 0 As part of the 60% design effort, AMEC will design a sediment removal, dewatering system and disposal plan for the removal of organics. 60% design plans and specifications will be submitted to Monroe County for review and comment. County times are not included in the project schedules. County review time is not included in the project schedules. Comments received will be addressed and resolved to the satisfaction of the County as soon as practicable so as to not delay future design. Open communication with the homeowners will be maintained throughout the design process. Task 4 Deliverables: 60% design plans for the proposed restoration including a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details f. construction schedule g. Engineer's ©pinion of Probable Cost. Task 4 Budget: $10,484.00 Task 4 Completion Date: 120 days after Notice to Proceed Task 5: 100 Constructlon Documents Completion., Submittal Upon acceptance by the County of the 60% construction documents and comments from permitting agency reviewers, the AMEC Team will develop the 100% construction documents for the project. Because the design package is advancing from 60% to a 100%, the AMEC Team will have ongoing communication with County staff and stakeholders to resolve any outstanding issues or questions and address concerns during the final design development. The final design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, cut/fill analysis and construction details. AMEC will update the plans, specifications, costing, and models as required In response to regulatory comments. Comments received from Monroe County will be addressed and resolved prior to the final submittal of the 100% construction documents and design specifications. Once the final designs are approved an Operation and Maintenance Plan will be prepared for the project site. Task 5 Deliverables: • 100% Construction Documents for the proposed restoration including: a, existing site plan b, proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details f. specifications g. construction cost estimate, and h. Operation and Maintenance Plan. 9 Task 5 Budget: $ 6,466.00 Task 5 Completion ©ate: 225 days after Notice to Proceed. The ACOE permitting may require extension of this date. Task 6: Bid Support Upon completion of the Construction Documents, AMEC will assist Monroe County, who will be bidding out the construction of the restoration, with the bid phase. AMEC will provide the following services to assist Monroe County with the bidding of the construction of the restoration: • Review of the Bid Package prepared by Monroe County which will include the 100% Construction documents completed by AMEC • Respond to applicable Bidders' Requests for Information (RFI's) and assist in the preparation of Addenda, including making revisions to the Bidding Documents, as required. • Attend a Pre -Bid Conference and site walk-through and assist in preparation of meeting minutes. • Conduct a Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre -Award Conference, to discuss the Bidder's qualifications and understanding of the Project, if required. Task 6 Deliverables: • Comments on Bid Package • RFI responses • Pre -bid meeting notes • Comments on review of bids • Pre -award conference meeting minutes. Task 6 Budget: $ 6,020.80 Task 6 Completion Date: Estimated 60 days duration which will need to be confirmed by Monroe County. Based upon 60 days duration estimated completion date of 300 days after Notice to Proceed Task 7: Construction Support Serv€ces and Engineering During onstruction The AMEC Team will conduct the following activities: • Pre -Construction Conference & Site Walk-Thru: Prepare the agenda and prepare the meeting minutes. • R uests for Information: Review Contractor RFI's and respond as required to clarify the Contract Documents, including providing revised drawings or specifications if needed. In general, response time for RFI's shall average seven (7) days. Complex issues, or those requiring review by more than one design discipline may require additional time. Where possible, the design team will expedite its review. • Submittals: Review contractor submittals (schedules, samples, product data, shop drawings, installation drawings, etc.) and provide review comments for same. In general, response time for submittals shall average fourteen (14) days. Complex submittals or 10 submittals requiring review by more than one design discipline may require additional time. Where possible, design team will expedite its review. Change• Orders: „ Assist in the evaluation and preparation of contractor change orders. • Pnofect'Contractor's ;Out: Attend one (1) Project Close -Out Meeting Review and amend the _ or's punch lists for substantial and final completion. When all items are complete in accordance with the Contract Documents, issue a report indicating final acceptance of same. Design Team will also verify that the Contractor has submitted all required close-out documentation prior to authorizing approval of final payment to Contractor. • Consult with Owner. Provide consultation and advice to County regarding the Contractor's performance of the Contract. Lialse with the County, homeowners, and other stakeholders as necessary to administer the construction contract. • Site Inspection: AMI C will oversight the contractor and prepare daily work reports showing contractors activities, equipment, maintenance of traffic and environmental compliance. An AMEC Inspector should be on site when the contractor is working. The costs for daily site inspections (up to 8 hours per day) and construction administration are based upon the number of construction days. For this proposal the number of field construction days is based upon the conceptual design cost estimates previously completed for Monroe County which for the woad barrier Installation and organic removal is estimated at 44 days. After completion of the 100% construction documents and final construction schedule, the number of construction days may change. Task 7 Deliverables: • Daily work reports • Meeting minutes • Progress pay estimates with back up documentation • Final Pay Estimate with back up documentation • Final "As -Built Plans" • Material certifications • Environmental Inspection Reports • Pre -construction, Progress and Final Photographs (Electronic Fifes) Task 7 Budget: $ 43,489.20 Task 7 Completion Date: Duration of 44 constructions days; 66 calendar days based upon 5 day work weeks after initiation of construction. TOTAL. PROJECT BUDGET CANAL #266 A detailed cost spreadsheet is attached. The costs are based upon completing the #266 weed barrier installation and organic removal restoration independently of the other six (6) restorations in case of a hold in schedule due to a lack of homeowner approval, permitting, or other issue. This restoration will be able to proceed on Its own schedule. PROJECT TOTAL: $ 121,384.25 11 BACKGROUND 12 Canal ID: 266 Sig Pine Key Pro ectl.ocation: The project area Is located north of US7 in Monroe County, Big Pine Key, Florida; Section 14, Township 66 S, Range 29 E , (Latitude: 24041'55.90" North; Longitude: - 81 °20'53.46" West). The Information sheet and the site location map (Figure 6) provide additional details. Concerxtual Design: The purpose of the project is to reduce seaweed loading for canal 266 by installing a weed barrier system. The weed barrier system will entail a 6 horse power blower, 6 - 6 inch PVC piles, 50 linear feet of 3 inch PVC pipe, and 40 linear feet of plastic netting affixed to the piles. The following is the detailed schematic of the system: • Two 10-foot stretches of physical weed barrier shall be constructed on either side of the channel at the entrance of the canal. • Each of the 10' physical weed barrier sections will be comprised of (2) PVC piles that will be placed approximately 9' apart. Plastic netting will be affixed to the pilings in order to block the flow of weed wrack. The netting shall be oriented such that as mean sea level 2.5' of netting remains above the water and 2.5' of netting remains below the water. • The area between the ends of the physical weed barrier shall contain a 20' wide air curtain. Coarse bubble diffusers will be spaced at an Interval of 2 feet. Diffuser mounts will be used to affix the coarse bubble diffusers to the air curtain lateral. The air curtain lateral line will rest approximately 1 foot above the bottom surface to allow for maximum boating clearance. * A 36 URAI blower In conjunction with a Shp motor will provide air through 3" PVC pipe to the air curtain. Calculations for determining these blower specifications were based on an assumed diffuser depth of 9'. This estimate is subject to change based on detailed design data. Before installing the proposed weed barrier system, the existing weed gate system will be removed using an excavator and barge. Due to the area outside the limits of the canal system designated as a Florida Outstanding Water the contractor will install primary and secondary turbidity curtains to ensure 0 NTU's above background. .gonstEggon C E ti The approximate cost to construct the weed barrier system as aforementioned will be $26,000. This price does not Include any cost associated with operation and maintenance and electric drop fees. 1 Permits: • South Florida Water Management District Environmental Resource Permit • Army Corps of Engineers Permit • Florida Key's National Marine Sanctuary Permit • Monroe County Building Permit Access• Based on field visits, there is an empty lot at the end of Baileys Lane that could be used as a construction staging area. Conceptual Drawing: See attached PA amecO Canal 10: 266 Big Pine Key Location: MM 31 Doctor'sArm subdivision, Sayside Summary of Water Quality impacts: Primary — Organics accumulation on canal bottom; Secondary — Weed wrack entry into canal Restoration Technology. Primary - organic removal from canal bottom to eliminate ongoing source of organic decomposl- don; Secondary - Weed barrier to prevent additlonal entry of weed wrack. Site Conditions: The canal faces due east and discharges into Bogie Channel. A small area of submerged shoreOne shows as privately owned on the aerials although the property appraiser's details of the property do not reflect pri- vate ownershlp. Further research is needed. Sediment characterization data is available indicating sediment can be disposed as clean fill. Existing Treatment: Air curtain/physical barriers not operating effectively Homeowner Communication: Very interested homeowner group contacted Monroe County about the need for an upgrade to their weed barrier and removal of accumulated organics from the canal bottom. Sharon Ripley 305-797-7251 DA (mg/L/ % Sawration) Turbidity (NTU) W.Q. Sum a y b CMMP RaMng Demo Ranking 0,04.1 U% at 5 >x Degree of Stagnation Organic ftkiess (It) Average 0.86 Namessured Parcels 31 WBID 601ZA ltripaked WWI FKAAICu*e Regional Not Completed 1=KNMS Madiofig l . Stallm 43 tales ..Poor 1,15 Abbreviations, Dm$DkedOXYW{oO.} NepMlorraftTuhi'WYUrtdON, M&Vwm POrhK(ff1;t),%%WwBody IderrMnton 'laWn'�n { �),�►tia6ernbrtertrnerrt(4YNr�FeatOtj preaen8ed rn tins 2013 AAanroe carry Caryl Ateoeparnyr �- prn dam cot 00111 dusg the 2013 Morib county Canals awdvl, etre suvey Monroe County Selection of Demonstration Canals September 2013 Canal ICI: 266 Big Pine Key Pro ect Lncati2 n: The project area is located north of US1 in Monroe County, Big Pine Key, Florida; Section 14, Township 66 S, Range 29 E , (Latitude: 24°41'55.90" North; Longitude:. 81 °20'53.45" West). The information sheet and site location map (Figure 6) provide additional details. Congentual Design - The purpose of the project is to remove the organic material from the bottom of canal 266 to eliminate this organic and nutrient source and to increase dissolved oxygen in the water column. At this stage in the project, the following design components have not been completed: • Detailed bathymetric cross section data • Detailed physical testing • Polymer and Geotextile Bag Testing Therefore, for budgetary purposes, AMEC assumed all material would be required to be disposed of at Class I Landfill. Alternate options should be explored during the final design. To calculate the volume for removal, AM EC used the area of the canal and average depth of muck from the bathymetric center line profile of the canal to estimate the 1,529 cubic yards of organic muck to remove. The project approach will entail using a barge mounted dredge and dewatering system to remove the muck from the canal. The dewatering system will be positioned near the canal shoreline to allow for ease of material loading from the barge system into the geotextile bags. The barge mounted dredge system will contain a pump and piping system which will transfer the material to the shoreline dewatering system. The pump will be connected to a suction hose which will be maneuvered by a certified driver. Due to the area outside the limits of the canal system designated as a Florida Outstanding Water the contractor will install primary and secondary turbidity curtains to ensure 0 NTU's above background. The estimated quantity of organic muck to remove and the method of removal within the canal will be verified once detailed bathymetric and muck thickness cross section data, polymer and geotextile bag testing, and chemical and physical data collection are completed. Con truction ost Estimate: The approximate eonstructlon cost of $675,000, includes the following assumptions: • Hauling and disposing the material at the Waste Management Medley Landfill • Hydraulic Dredging • Geotextile Bags and Roll off Container System without polymer Parmits: • South Florida Water Management District Environmental Resource Permit • Army Corps of Engineers Permit • Florida Key's National Marine Sanctuary permit • Monroe County Building Permit Access - Based on field visits, there is an empty lot on the comer of Baileys Lance and Matthews Road that could be used as a construction staging area. C nce to 1 Drawin : See attached COST ESTIMATE SPREADSHEET 13 �pp� Nmm i F,� C a �,Wy■ N p� {w o N pppp o pp[�Cppppopp W mar ppQQ pppppp p U i Ala. a M u u W � r '•w.Yx"4.i.�$:�.4Ei«".i".a'»N 4 n.`fii.��.`i`a'rt�.4ti� QN R N N F. Lf V � Cf R'�� vm�.r c0000 n Si � y- w w�cww r S$.4.4.g5Z«.4:i«15i33«S W «Sdaaaaga» = u � � ; ¢ e i� Woaceaaoaoac r w 3 R W 6 �' �'gq ppppppppppryp ppppRm pppp ~i �pY pppppp ppp�y V � � � �� CNN yMN�iNn �p»MM«�� � NM�NNMMM NRMi N N Gl tPf"11 MM }V${e U w g � nNw � ^� N Helm n4`04m Q .8888888888888888 M MRRM�N M»�M`1MNM � NOwenp �ps{�Nry mw yy NM M'�MM NM�•M g U V N N CD F E Jog p• g G� 4 Wa CANAL #2$? BIG PINE KEY Atlantic Estates Subdivision WEE© BARRIER RESTORATION 14 BACKGROUND The scope of work developed for completing the restoration design for Canal #287, located in Atlantic Estates Subdivision, Big Pine Key, is based upon previously collected Information which is summarized on the information sheet and conceptual design (attached). These documents are part of the report titled `Monroe County Selection of Demonstration Canals for Water Quality Improvements, dated November 8, 2013. DETAILED SCOPE OF WORK The scope of work is broken down into the following tasks: • Additional data collection Including bathymeWc and planimetric data surveys, and mangrove surveys, as required to complete the design and permitting of the proposed restoration • Preliminary Design — 30% Documents + Permitting • 60% Construction Documents • 100% Construction Documents with • Bid Support • Construction Support Services and Engineering During Construction Task 1: Additi nal Data Collection/Processing The first task is the collection of additional data that will be needed to finalize the design for a weed barrier installation at Canal #287. AMEC shall schedule a site visit to meet with homeowners to discuss the conceptual designs, confirm the locations of the equipment involved with the restorations including staging areas, and obtain any additional Input from the homeowners that might affect the final designs. AMEC shall coordinate the site visit with County staff. During the site visits the locations and specifics of additional data collection, such as survey limits, will be verified. AEMC will complete an existing conditions survey of the staging areas and equipment locations, seawalls, and other dock features of all properties located within the project limits. This will be performed by boat and foot and will consist of photo documentation and completion of a checklist detailing all structures, boats, davits, etc. The condition and depth of the seawalls will be noted. A general engineering site evaluation will also be performed to denote other applicable site conditions such as existing utilities, existing structures (e.g. weed gates, aerators) that will require demolition, access issues, etc. AMEC staff will identify and delineate mangrove wetlands within the project footprint in accordance with Florida Administrative Code, Chapter 62-340, the USACE 1987 Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Wetlands, including mangroves, will be evaluated utilizing the FOEP Uniform Mitigation Assessment Method (UMAM), Wetland Rapid Assessment Method (WRAP), and/or the Estuarine Wetland Rapid Assessment Method (EWRAP) (depending on regulatory agency requirements) to assess the direct and Indirect impacts as well as to determine the appropriate compensatory mitigation, if any. 15 Prior to the site visit, AMEC will research and assemble available soil surveys, site topographic maps, and National Wetland Inventory reaps to preliminarily Identify potential waters of the U.S., wetlands, and streams. AMEC will then conduct the field visit to characterize the delineated wetlands. Delineation Includes on -site determination, marking in the field with a handheld GPS unit (sub - meter accuracy), and nagging of the aerial extent of each wetland (if any). Note: Florida internati nal Universit F1U st ff will Perform the enthic and threatened and endangered s ecies surve s re uired for the -permit applications as art of their baseiine canal characterization beanleEformed under an existIng EPA arant. AMEC will obtain FIU`s survey data and incorporate the information into an ecological evaluation report required for permit submittal. AMEC Wit obtain bathymetric and planimetric data for the canal area within the footprint of the restoration as well as immediately surrounding strictures within the project boundary. These will include the location at the canal mouth where the weed barrier Is proposed and the proposed area for the electrical service drop and blower. A grid of canal bottom elevations will be collected at the proposed air curtain location sufficient to develop a digital elevation model. The thickness of soft sediment will be determined by probing to refusal. The planimetric data Wit be acquired in the area of the proposed blower location and will detail the existing utilities, private property, and any other significant structure within the immediate area. The bathymetric survey will be carried out utilizing a survey -grade GPS unit operating in Real Time Kinematic (RTK) mode mounted atop an adjustable height rod. This apparatus will be used in a boat to traverse the canal area as best as possible to establish a grid of canal bottom elevations sufficient to develop a digital elevation model. The thickness of soft sediment will be determined in addition to top of hard rock. The planimetric data will be acquired in the area of the proposed blower location and will detail the existing utilities, private property, and any other significant structure within the immediate area. Bathymetric maps will be prepared for design and permitting' of the project. The survey and all subsequent work will be relative to the North American Datum of 1983/2007 Adjustment (NAD83/07) and the North American Vertical Datum of 1988 (NAVD88) based on nearby National Geodetic Survey (NGS) and/or Florida Department of Transportation (FDOT) horizontal and vertical geodetic control monuments. All surveying and mapping services associated with this assignment will conform with the applicable requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J- 17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. Task 1 Deliverables: • Engineering Site Reconnaissance Summary • Baseline Conditions Survey • Technical memorandum with the attachments of the bathymetric and planimetric surveys • Ecological evaluation report. Task 1 Budget: $15,344.05 Task 1 Completion Date: 90 days after Notice to Proceed 16 Task 2: Prellmina Desi n - 30% Documents AMEC will review the existing conceptual designs along with the newly obtained additional assessment data and examine each design alternative in further detail and modify as needed to achieve the best possible result. AMEC will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will include an existing site plan, stru Proposed site plan, proposed grading plans, erosion and sediment control plans, and conction details. The preliminary design plan will be submitted to Monroe County at the conclusio task for final review and approval, n of this Task 2 Deliverables: Preliminary design plans that including a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans, and e. construction details. Task 2 Budget: $ 6,712.00 Task 2 Completion Date: 90 days after Notice to Proceed Task 3: Permittin AMEC will obtain permits from the required regulatory agencies for the proposed weed barrier installation restoration. The identified fist of permits Is shown below: Environmental Resource Permit — SFWMD consultation with FWC Dredge and Fill Permit— USACE, consultations with NOAA Fisheries, USFWS FKNMS Permit — NOAA FKNMS DEP — Mangrove trimming, if required. AMEC will coordinate and attend pre -application permitting meetings. An initial pre -application meeting will be set up with the designated permitting representatives to identify requirements and agency concerns. Following site investigations, a follow u Permitting meeting may be required #o discuss an p pre -application Y Potential impacts to natural resource and any avoidance, minimization and mitigation requirements. The follow up pre -application meetings may Include site visits with the regulatory agency representatives. Once a clear path forward on required consultation and mitigation to acquire the permits is identified, the Joint Environmental Resource Permit (ERP)/Federal Dredge and Fill 404 permit application and a NOAA National Marine Sanctuaries Permit application will be completed along with any supporting documents (Endangered Species Act Biological Assessment and/or Essential Fish Habitat Assessment) will be prepared. Estimated permit application fees are included in the costing for this scope of work. If impacts to wetlands or benthic resources are identified, Cwill mitigation either onsite or through the purchase of mitigation credits.Costscnate to purchase pm tga#ion credits are not Included In the cost estimate as it Is unknown at this time what will be required. Once permit applications are submitted, the agencies will have the opportunity to prepare a Request for Additional Information (RAI). AMEC will prepare responses to the RAIs. 17 The scope of work for the permitting includes only non -sovereign submerged lands located within the project footprints. Task 3 Deliverables: • Meeting minutes of the pre -application communications • Completed permit applications. Task 3 Budget: $ 10,629.10 Task 3 Completion Date: 135 days after Notice to Proceed Task 4: 600/6 Construction Documents Upon acceptance of the preliminary (30%) designs, AMEC will prepare a 60% construction submittal. The Construction Documents will include each of the following components: • Survey — AMEC's licensed surveyor's bathymetric and planimetric surveys. • Construction Plans — depicting site impacts, maintenance of traffic, and utility impacts and relocations, if necessary. • Specifications — Technical specifications for the project, utilizing County Standards where applicable, other accepted industry specifications if needed (i.e. FDOT, SFWMD, etc.) or developed specifically for this project application if necessary. • Schedules — AMEC will prepare a detailed construction schedule, working closely with the County, the homeowners and other stakeholders to phase, sequence and complete construction while considering the constraints and limitations. • Estimate of Construction Cos - The cost for the canal restoration will be refined throughout the design process and a detailed Engineer's Opinion of Probable Cost will be prepared and submitted with the 60% construction documents. 60% design plans and specifications will be submitted to Monroe County for review and comment. Comments received will be addressed and resolved to the satisfaction of the County as soon as practicable so as to not delay future design. Open communication with the homeowners will be maintained throughout the design process. Task 4 Deliverables: 1. 60% design plans for the proposed restoration including: a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e, construction details f. construction schedule g. Engineer's Opinion of Probable Cost. Task 4 Budget: $ 4,400.00 Task 4 Completion Date: 120 days after Notice to Proceed 18 Task 5: 100% Construction Documents Com letlon Submittal Upon acceptance by the County of the fill% construction documents and comments from permitting agency reviewers, the AMEC Team will develop the 100% construction documents for the project. Because the design package is advancing from 60% to a 100%, the AMEC Team will have ongoing communication with County staff and stakeholders to resolve any outstanding issues or questions and address concerns during the final design development. The final design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, cut/fill analysis and construction details. AMEC will update the plans, specifications, costing, and models as required in response to regulatory comments. Comments received from Monroe County will be addressed and resolved prior to the final submittal of the 100% construction documents and design specifications. Once the final designs are approved an Operation and Maintenance Plan will be prepared for the project site. Task 5 Deliverables: • 100% Construction Documents for the proposed restoration including: a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details f. specifications g. construction cost estimate,and h. Operation and Maintenance Plan. Task 5 Budget: $ 4,258.00 Task 5 Completion Bate: 225 days after Notice to Proceed Task 6: Bid Support Upon completion of the Construction Documents, AMEC will assist Monroe County, who will be bidding out the construction of the restoration, with the bid phase. AMEC will provide the following services to assist Monroe County with the bidding of the construction of the restoration: • Review of the Bid Package prepared by Monroe County which will include the 100% Construction documents completed by AMEC • Respond to applicable Bidders' Requests for Information (RFI's) and assist in the preparation of Addenda, including making revisions to the Bidding Documents, as required. • Attend a Pre -Bid Conference and site walk-through and assist in preparation of meeting minutes. • Conduct a Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre -Award Conference, to discuss the Bidder's qualifications and understanding of the Project, if required. 19 Task 6 Deliverables: • Comments on Bid Package • RFlresponses • Pre -bid meeting notes • Comments on review of bids • Pre -award conference meeting minutes. Task 6 Budget: $ 6,020.80 Task 6 Completion Data: Estimated 60 days duration which will need to be confirmed by Monroe County. Based upon Fitt days duration estimated completion date of 300 days after Notice to Proceed Task 7: Construction Support Services and En ineerin Durin Construction The AMEC Team will conduct the following activities: • Pre -Construction Conference & Site Walk-Thru: Prepare the agenda and prepare the meeting minutes. • Requests for Information: Review Contractor RFI's and respond as required to clarify the Contract Documents, including providing revised drawings or specifications if needed. In general, response time for RFi's shall average seven (7) days. Complex issues, or those requiring review by more than one design discipline may require additional time. Where possible, the design team will expedite its review. • bmittals: Review contractor submittals (schedules, samples, product data, shop drawings, installation drawings, etc.) and provide review comments for same. In general, response time for submittals shall average fourteen (14) days. Complex submittals or submittals requiring review by more than one design discipline may require additional time. Where possible, design team will expedite its review. • Chanpe Qrders: Assist in the evaluation and preparation of contractor change orders. • Proiect Close -Out: Attend one (1) Project Close -Out Meeting Review and amend the Contractor's punch lists for substantial and final completion. When all items are complete in accordance with the Contract Documents, issue a report Indicating final acceptance of same. Design Team will also verify that the Contractor has submitted all required close-out documentation prior to authorizing approval of final payment to Contractor. • Consult with Owner: Provide consultation and advice to County regarding the Contractor's performance of the Contract. Liaise with the County, homeowners, and other stakeholders as necessary to administer the construction contract. • Site insaection: AMEC will oversight the contractor and prepare daily work reports showing AMEC Inspector should be on site when the contractor Is working. contractors activities, equipment, maintenance of traffic and environmental compliance. An The costs for daily site inspections (up to 8 hours per day) and construction administration are based upon the number of construction days. For this proposal the number of field construction days is based upon the conceptual design cost estimates previously completed for Monroe County which for weed barrier installation is 7 days. After completion of the 100% construction documents and final construction schedule, the number of construction days may change. 20 Task 7 Deliverables: • Daily work reports • Meeting minutes • Progress pay estimates with back up documentation • Final Pay Estimate with back up documentation • Final "As -Built Plans" • Material certifications • Environmental Inspection Reports • Pre -construction, Progress and Final Photographs (Electronic Files) Task 7 Budget: $ 7,052.60 Task 7 Completion Date: Duration of 7 constructions days, 9 calendar days based upon 5 day work weeks after initiation of Construction TOTAL PROJECT BUDGET CANAL #287 A detailed cost spreadsheet is attached. The costs are based upon completing the #287 weed barrier installation restoration independent of the other six (6) restorations in case of a hold in schedule due to a lack of homeowner approval, permitting, or other issue. This restoration will be able to proceed on its own schedule, PROJECT TOTAL: $ 54,416.55 21 amecO Canal ID: 287 Big Pine Key Location: MM 31 Atlantic Estates subdivision, Bayside Summary of Water Quality Impacts: primary— Weed wrack entry into canal; Secondary —organics accumulation on canal bottom Restoration Technology: primary _ Weed bonier t>a prevent additional entry of weed wrack; Secondary - organic removal from canal bottom to eliminate on -gong source of organic decomposition Site Conditions, The canal faces due east and discharges into Bogfe Channel. private ownership of the lands bel high-water mark is not reflected in the plat book ow the Existing Treatment: Weed gate Homeowner Communication: AMEC spoke with Doug Scheele 305-797-A�306 and Dennis Fowler 305 872_5656. Bothseemed very 'interested In the project. No HOA l r' .: m Rulking Characteristics re a it " �1 a Aye� ;0.83 parvft 26 WBID 6012ikWpWW WWI` FKAANCuc] a Regional - Nola Completed MMS MMbJB SWM 1.17 nee Abbravralions Cn*died QI1Oen (0 0.� N ephela—"= T-t" Ur-t (NTUJ 1W lR�at) VVi1er (lty. "nk" appr MuftwNed Oft 2W3 Mmm c.,ty Cana! m"M' stermt" Pm Body tdm,htic b (V%V0), y,�ter en waW"4rnt6MVr), FMt -Data wed " the 2013 Manroe cell y Canals BathymaIrr ,,Sy Monroe County Selection of Demonstration Canals September 2013 Pro ect I©: 287 Big Pine Key Project Location: The project area is located north of US1 in Monroe County, Big Pine Key, Florida; Section 24, Township 66 S, Range 29 E , (Latitude: 24040'37.53" North; Longitude: - 81 °2040.62" West). The information sheet and site location map (Figure 10) provide additional details. Concggtual Design: The purpose of the project is to reduce seaweed loading from the Gulf of Mexico for canal 287 by installing a weed barrier system. The preliminary design for the weed barrier system will entail a 5 horse power blower, 6 - 6 inch PVC plies, 50 linear feet of 3 inch PVC pipe, and 40 linear feet of plastic netting affixed to the piles. Please note the design will be finalized after discussions with homeowners. The following is a more detailed description of the preliminary system: • Two 10-foot stretches of physical weed barrier shall be constructed on either side of the channel at the entrance to the canal. • Each of the 10' physical weed barrier sections will be comprised of (2) PVC piles that will be placed approximately 9 feet apart. Plastic netting will be affixed to the pilings in order to block the seaweed from entering the canal. The netting shall be oriented such that at mean sea level 2.5 feet of netting remains above the water level and a minimum of 2.5 feet of netting is below the water level. • The area between the physical weed barriers extending from the shorelines shall include a 20' wide air curtain. Coarse bubble diffusers in the air curtain will be spaced at an interval of 2 feet. Mounts will be used to affix the coarse bubble diffusers to the air curtain lateral. The air curtain lateral line will rest approximately 1 foot above the bottom surface to allow for maximum boating clearance and minimum resuspension of sediment. • A 36 URAI blower, or similar, in conjunction with a 5hp motor will provide air through 3 inch PVC pipe to the air curtain. Calculations for determining these blower specifications were based on an assumed diffuser depth of 9'. This estimate Is subject to change based on detailed design data. Due to the area outside the limits of the canal system designated as a Florida Outstanding Water the contractor will install primary and secondary turbidity curtains to ensure 0 NTU's above background. The evaluation of the fortification/upgrade/replacement of the existing swing gate and barrier will be considered in the final design. Construction Cost Estimate: The approximate cost to construct the weed barrier system as aforementioned will be $25,000. This price does not include any cost associated with operation and maintenance and electric drop fees. Permits: • South Florida Water Management District Environmental Resource Permit • Army Corps of Engineers Permit • Florida Key's Nationa# Marine Sanctuary Permit « Monroe County Building Permit Access• Based on field visits, there is an empty lot at the end of Hollerich Drive that could be used as a construction staging area. Conelptual D awing: See Attached �5 = 0 i 'PB 1 .1 . I i s ! ,fill HIM COST ESTIMATE SPREADSHEET 23 d �G]LiNNMNMNN NN N NNi � µµ33 �n H M s�� � Q o loxG ^� y y w4 fC � � p�yp qqpp ppcc�� Qpppp GG � �M�`{f?��OyyMNNMMM�NMMC MRO N tQm p ppp pp pp N N M N w N N M N N N N W pry m f M N C 4 CC rremv O � u a Y � Q 0 N s MNNpp pp pp pp pp p p pp pQ a4 aa po pp pp pp i �MSN��~^^MNNMN u .. M N N tj x ti 7R�' SS$SSSSSBSSH88Sg8 !8� � S m^ R P � � G U�sii sii m `y 03 M f� po N M o©exooewaoc NN W oCl Room P H n w tl6M 0141 OWN N N � W 600 �p �WMNMNMNNMMy�Ni U A u �fff777 p� � Q ppppQ pppo ppp ppp C����Ny^NYFN NNy�Ny u �N�NA�MM x G 3 M�SMNM pNy�� O � r N N U n U cu �s u� �s�py G rr�� ppppp pppQ popp pp¢� � N © u © re vowa tj _ M`4�i�.«i ..pin�Nn N y� H o a 8S88xS$�QS8Sg11SppSt8�8ppSPSS U C y� y G � r }t15GSa U W E G C �+ Vl VJ 4� VI Vi W ) C7 Li U � ' L3 5 3 Qx3y>gf.: cl ^Hrq e. O... �rywO Off � O N n m �8M8888;888 i~wM '14 u f� F4 BIG PINE KEY BETWEEN AVENUE 1 AND AVENUE J ORGANIC REMOVAL RESTORATION 24 BACKGROUND The scope of work developed for completing the restoration design for Canal #290, located between Avenues i and J in Big Pine Key, is based upon previously collected information which is summarized on the information sheet and conceptual design (attached). These documents are part of the report titled `Monroe County Selection of Demonstration Canals for Water Quality Improvements; dated November 8, 2013, DETAILED SCOPE OF WORK The scope of work is broken down into the following tasks: • Additional data collection including sediment sample collection, dewatedng design bench scale testing, and mangrove surveys, as required to complete the design and permitting of the proposed restoration • Preliminary Design — 30% Documents + Permitting • 60% Construction Documents • 100% Construction Documents with • Bid Support • Construction Support Services and Engineering During Construction Task 1: Additional Data Coil@ctlon/Processin The first task Is the collection of additional data that will be needed to finalize the design for organic removal from the canal bottom at Canal #290. AMEC shall schedule a site visit to meet with homeowners to discuss the conceptual designs, confirm the locations of the equipment involved with the restorations including staging areas, and obtain any additional input from the homeowners that might affect the final designs. AMEC shall coordinate the site visit with County staff. During the site visits the locations and specifics of additional data collection, such as survey limits, will be verified. AEMC will complete an existing conditions survey of the staging areas and equipment locations, seawalls, and other dock features of all properties located within the project limits. This will be performed by boat and foot and will consist of photo documentation and completion of a checklist detailing all structures, boats, davits, etc. The condition and depth of the seawalls will be noted. A general engineering site evaluation will also be performed to denote other applicable site conditions such as existing utilities, existing structures (e.g. weed gates, aerators) that will require demolition, access Issues, etc. AMEC staff will Identify and delineate mangrove wetlands within the project footprint in accordance with Florida Administrative Code, Chapter 62-340, the USACE 1987 Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Wetlands, including mangroves, will be evaluated utilizing the FDEP Uniform Mitigation Assessment Method (UMAM), Wetland Rapid Assessment Method (WRAP), and/or the Estuarine Wetland Rapid Assessment Method (EWRAP) (depending on regulatory agency requirements) to assess the direct and indirect impacts as well as to determine the appropriate compensatory mitigation, if any. M Prior to the site visit, AMEC will research and assemble available soil surveys, site topographic maps, and National Wetland Inventory maps to preliminarily identify potential waters of the U.S., wetlands, and streams. AMEC will then conduct the field visit to characterize the delineated wetlands. Delineation includes on -site determination, marking in the field with a handheld GPS unit (sub - meter accuracy), and flagging of the aerial extent of each wetland (if any). Note: Florida International Universi# FIU staff will peEform the bonthic and threatened and endangered., species surveys required for the Dermit-al2plications as part of their baseline canal charact rlxation being erformed under an existing PA ran#. AMEC will obtain FIU's survey data and Incorporate the information into an ecological evaluation report required for permit submittal. Review of the existing sediment characterization data collected under ❑EP Grant S0769, has identified that additional bench scale polymer testing and a Geotube Dewatering Test are needed for designing the organic removal dewatering system. Additional sediment and canal water need to be collected for this testing. AMEC will collect approximately six (6) soil cores to obtain the necessary 10 gallons of sediment required for testing. Additionally 20 gallons of canal water will be collected. Both sediment and water will be shipped to WaterSolve LLC in Michigan for testing. An acute and chronic toxicity test of the bench scale dewatering effluent will also be performed by AMEC's Gainesville Toxicology Laboratory. AMEC will attempt to gain approval for land disposal within the Keys for the removed organic material. At this time, it is not known what additional field assessment tasks will be required to obtain approval for the disposal. Task 4 Deliverables: • Engineering Site Reconnaissance Summary • Baseline Conditions Survey Technical memorandum with the attachments of the Geotube Dewatering Test results • Ecological evaluation report. Task 1 Budget: $ 27,787.30 Task 1 Completion Date: 90 days after Notice to Proceed Task 2: Preliminary Design - 30% Documents AMEC will review the existing conceptual designs along with the newly obtained additional assessment data and examine each design alternative in further detail and modify as needed to achieve the best possible result. AMEC will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction details. The preliminary design plan will be submitted to Monroe County at the conclusion of this task for final review and approval. County review time is not included in the project schedules. 26 Task 2 Deliverables: • Preliminary design plans that including a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans, and e. construction details. Task 2 Budget: $11,752.00 Task 2 Completion Date: 90 days after Notice to Proceed Task 3: Permitting AMEC will obtain permits from the required regulatory agencies for the proposed organic removal restoration. The identified list of permits is shown below: Environmental Resource Permit — SFW MD consultation with FWC Dredge and Fill Permit— USACE, consultations with NOAA Fisheries, t1SFWS FKNMS Permit -- NOAA FKNMS DEP — Mangrove trimming, if required. AMEC will coordinate and attend pre -application permitting meetings. An initial pre -application meeting will be set up with the designated permitting representatives to identify permitting requirements and agency concerns. Following site investigations, a follow up pre -application meeting may be required to discuss any potential impacts to natural resource and any avoidance, minimization and mitigation requirements. The follow up pre -application meetings may include site visits with the regulatory agency representatives. Once a clear path forward on required consultation and mitigation to acquire the permits Is identified, the Joint Environmental Resource Permit (ERP)/Federal Dredge and Fill 404 permit application and a NOAA National Marine Sanctuaries Permit application will be completed along with any supporting documents (Endangered Species Act Biological Assessment and/or Essential Fish Habitat Assessment) will be prepared. Estimated permit application fees are included In the costing for this scope of work. If Impacts to wetlands or benthic resources are identified, AMEC will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. Costs to purchase mitigation credits are not included in the cost estimate as it is unknown at this time what will be required. Once permit applications are submitted, the agencies will have the opportunity to prepare a Request for Additional Information (RA!). AMEC will prepare responses to the RAls. The scope of work for the permitting includes only non -sovereign submerged lands located within the project footprints. 27 Task 3 Deliverables: • Meeting minutes of the pre -application communications • Completed permit applications. Task 3 Budget: $ 11,317.10 Task 3 Completion Date: 135 days after Notice to Proceed Task 4: 60"/e Construction Documents Upon acceptance of the preliminary (30%) designs, AMEC will prepare a 60% construction submittal. The Construction Documents will include each of the following components: • Construction Plans — depicting site impacts, maintenance of traffic, and utility impacts and relocations, if necessary. • Specifications — Technical specifications for the project, utilizing County Standards where applicable, other accepted industry specifications if needed (i.e. FOOT, SFWMD, etc.) or developed specifically for this project application if necessary. • Schedules — AMEC will prepare a detailed construction schedule, working closely with the County, the homeowners and other stakeholders to phase, sequence and complete construction while considering the constraints and limitations. • Estimate of Construction Cost - The cost for the canal restoration will be refined throughout the design process and a detailed Engineer's Opinion of Probable Cost will be prepared and submitted with the 60% construction documents. As part of the 60% design effort, AMEC will design a sediment removal, dewatering system and disposal plan for the removal of organics. 60% design plans and specifications will be Submitted to Monroe County for review and comment. County times are not included In the project schedules. County review time Is not included in the project schedules. Comments received will be addressed and resolved to the satisfaction of the County as soon as practicable so as to not delay future design. Open communication with the homeowners will be maintained throughout the design process. Task 4 Deliverables: 60% design plans for the proposed restoration including a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details f. construction schedule g. Engineers Opinion of Probable Cost. Task 4 Budget: 10,152.00 Task 4 Completion Date: 120 days after Notice to Proceed 28 Task 5: 100% Construction Documents C_ampietion Submittal Upon acceptance by the County of the 50% construction documents and comments from permitting agency reviewers, the AMEC Team will develop the 100% construction documents for the project. Because the design package is advancing from 60% to a 100%, the AMEC. Team will have ongoing communication with County staff and stakeholders to resolve any outstanding issues or questions and address concerns during the final design development. The final design plans Wit Include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, cutt ill analysis and construction details. AMEC will update the plans, specifications, costing, and models as required in response to regulatory comments. Comments received from Monroe County will be addressed and resolved prior to the final submittal of the 100% construction documents and design specifications. Task 5 Deliverables: 100% Construction Documents for the proposed restoration including: a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details f. specifications, and g. construction cost estimate. Task 5 Budget: $ 6,190.00 Task 5 Completion Date: 225 days after Notice to Proceed. The ACOE permitting may require extension of this date. Task S: Bid Support Upon completion of the Construction Documents, AMEC will assist Monroe County, who will be bidding out the construction of the restoration, with the bid phase. AMEC will provide the following services to assist Monroe County with the bidding of the construction of the restoration: • Review of the Bid Package prepared by Monroe County which Wit include the 100% Construction documents completed by AMEC • Respond to applicable Bidders' Requests for Information (RFI's) and assist in the preparation of Addenda, including making revisions to the Bidding Documents, as required. • Attend a Pre -Bid Conference and site walk-through and assist in preparation of meeting minutes. • Conduct a Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre -Award Conference, to discuss the Bidder's qualifications and understanding of the Project, if required. Task 6 Deliverables: • Comments on Bid Package • RFI responses • Pre -bid meeting notes • Comments on review of bids • Pre -award conference meeting minutes. Task 6 Budget: $ 6,020.80 Task 6 Completion Date: Estimated 60 days duration which will need to be confirmed by Monroe County. Based upon 60 days duration estimated completion date of 300 days after Notice to Proceed Task 7: on truction Support Services and Engineering During Construction The AMEC Team will conduct the following activities: • Pre -Construction Conference & Site Walk-Thru: Prepare the agenda and prepare the meeting minutes. • Requests for Informatfon: Review Contractor RFI's and respond as required to clarify the Contract Documents, including providing revised drawings or specifications if needed. In general, response time for RFI's shall average seven (7) days. Complex issues, or those requiring review by more than one design discipline may require additional time. Where possible, the design team will expedite its review. • ubmfttals: Review contractor submittals (schedules, samples, product data, shop drawings, installation drawings, etc.) and provide review comments for same. In general, response time for submittals shall average fourteen (14) days. Complex submittals or submittals requiring review by more than one design discipline may require additional time. Where possible, design team will expedite its review. • Change Orders: Assist in the evaluation and preparation of contractor change orders. • Project Close -Out: Attend one (1) Project Close Meeting Review and amend the Contractor's punch fists for substantial and final completion. When all items are complete in accordance with the Contract Documents, issue a report Indicating final acceptance of same. Design Team will also verify that the Contractor has submitted all required close-out documentation prior to authorizing approval of final payment to Contractor. • Consult with Owner: Provide consultation and advice to County regarding the Contractor's performance of the Contract. Lialse with the County, homeowners, and other stakeholders as necessary to administer the construction contract. • SiIR Inspection: AMEC will oversight the contractor and prepare daily work reports showing contractors activities, equipment, maintenance of traffic and environmental compliance. An AMEC Inspector should be on site when the contractor Is working. The costs for daily site inspections (up to 8 hours per day) and construction administration are based upon the number of construction days. For this proposal the number of field construction days is based upon the conceptual design cost estimates previously completed for Monroe County which for organic removal is estimated at 24 days. After completion of the 100% construction documents and final construction schedule, the number of construction days may change. 30 Task 7 Deliverables: « Daily work reports • Meeting minutes • Progress pay estimates with back up documentation • Final Pay Estimate with back up documentation Final "As -Built Plans" • Material certifications • Environmental Inspection Reports Pre -construction, Progress and Final Photographs (Electronic Files) Task 7 Budget: $ 23,843.20 Task 7 Completion Date: Duration of 24 constructions days; 36 calendar days based upon 5 day work weeks after initiation of construction. TOTAL PROJECT BUDGET CANAL #290 A detailed cost spreadsheet is attached. The costs are based upon completing the #290 weed barrier installation and organic removal restoration independently of the other six (6) restorations in case of a hold in schedule due to a lack of homeowner approval, permitting, or other issue. This restoration will be able to proceed on its own schedule. PROJECT TOTAL: $ 96,567.40 31 Canal ID: 290 Big Pine Key Location: MM 31 Not located within a subdivision, Bayside Summary of Water Quality Impacts: Primary --Organics accumulation on canal bottom. Restoration Technology: Primary — Organic removal from canal bottom to eliminate ongoing source of organic decomposition Site Conditions: The canal faces due east and discharges into Bogie Channel The plat book reflects private ownership of lands below the high-water mark is asserted over 0.06 acres of submerged land in the adjacent canal. Existing Treatment: Weed banter, air curtain and weed gates. An effective system operated by one of the homeowners. Homeowner Communication: Stephen Konop 954-461-3797 sent an email to Monroe County stating this canal needs water quality improvements of muck removal. WaterGuality Summary. D.O. (mglL r % Saturadon) TUN* (NTln W.Q. Summary a CMMP ranking Demo Ranking 1.32110.7% at.4 R 2 �� Poor 108 9� Sias (acres) 0.62 Average Depth (ft) -7.38 Min Depth (ft) -7.97 Degree of Stagnaft -0,7 Number of Mouths 1 1,02 Thickness (ft) Pamela 13 MID 6012A IgWred WWT FKAAlCucgoe Regional - Not Completed FKNMS Mors" 1,38 min Station Abbrrvrations C)msdyrd Oxygen (0 O), NeOoe o a4+o Tabx* Unt (NTU), rtgnKrO per Iry (rrg&), w*w Body kUr kc a on (V49 Dr wax* water teatnerk (Vvwr), Foot (4 lr*mnaion presenlad in the 2613 )A=m Courty Canal Management Mwrw Plop Mvh m dump the 2013 Marne Caunly Canals BW y mrc Swtiay. Monroe County selection September 2013 or Demonstration Canals CCanjill): 290 Big Pine Key Prolect Location: The project area is located north of US1 in Monroe County, Big Pine Key, Florida; Section 25, Township 66 S , Range 29 E, (Latitude: 24040'30.39" North; Longitude: - 81020,30.58" West). The information sheet and site location map (Figure 12) provide additional details. oncentuat Desion: The purpose of the project is to remove the organic material from the bottom of canal 290 to eliminate this organic and nutrient source and to increase dissolved oxygen in the water column. At this stage in the project, the following design components have not been completed: • Detailed bathymetric cross section data • Detailed chemical and physical testing • Polymer and Geotextile Bag Testing Therefore, for budgetary purposes, AMEC assumed all material would be required to be disposed of at Class I Landfill. Alternate options should be explored during the final design. To calculate the volume of removal, AMEC used the area of the canal and average depth of muck from the bathymetric center line profile of the canal to estimate the 1,024 cubic yards of organic muck to remove. The project approach will entail using a barge mounted dredge and dewatering system to remove the muck from the canal. The dewatering system will be positioned near the canal shoreline to allow for ease of material loading from the barge system into the geotextile bags. The barge mounted dredge system will contain a pump and piping system: which will transfer the material to the shoreline dewatering system. The pump will be connected to a suction hose which will be maneuvered by a certified driver. Due to the area outside the limits of the canal system designated as a Florida Outstanding Water the contractor will install primary and secondary turbidity curtains to ensure 0 NTU's above background. The estimated quantity of organic muck to remove and the method of removal within the canal will be verified once detailed bathymetric and muck thickness cross section data, polymer and geotexiile bag testing, and chemical and physical data collection are completed. onstmation Cost Estimate: The approximate construction cost of $460,000, Includes the following assumptions: • Hauling and disposing the material at the Waste Management Medley Landfill • Hydraulic Dredging 40 Geotextile Bags and Roll off Container System without polymer Permits: • South Florida Water Management [district Environmental Resource Permit Army Corps of Engineers Permit • Florida Key's National Marine Sanctuary Permit Monroe County Building Permit Ac gees Based on field visits, there is an empty lot on the comer of Father Tony Way and Avenue I that could be used as a construction staging area with minor vegetation trimming. Conceptual Drawing See attached 9 i �- S3 F "M v VIA ikq 1 fll��j W z,TOW '.toil � ^� ion .47 !1 -OWL AMM C�,. .E��77ssse'12�a tl�"SJ4�' COST ESTIMATE SPREADSHEET 33 G � 2»R« 7R N � � r HM N 15 Q M mm� op coo.. n �1' � tmrdtlr Cdw•[�G�r'f �A�S��S�i»�5T�51»:iSt5l SSiR�Bs�»Si�R U} � w � N C tl ©p �Cp y � �p d m p ©©tl g tl G tl 0 C CpCp��yymmpp Op�ypp pp pp pm �yppp pCp j p p p p p p n p p p p M�1MMM M5MMMN»RRN NMM�MNMM MMN m d G g tl d tl tl tl 0 O O w p p tl p p 6 tl p q 888888mm8m888�pp88�mpG8ptpq888ry NMM ��MN�MMNNM MSI�i � 88om8m888YS888 ��MN��G!��11`1,� t sCrCrr � LU •71 �i � 93� T�ir r Ul I.ii�., �V y ; » G.� Et �a��3n�N«RR�iRsm "' 85?��YBR�����Yfa��ppRR 9 r NNYn �wN N Mx NMMMY u3 � N �Nw � n w wa^����Naennonnn� Y N/�N ��'Orvy����Ol �n5 ,„ R r �R:23�RR:�RRRRRSiR9 � c! b r ZL w Y C _ LN dy pS N N stI �ryI�pp mm..5i�R�RRRR5�sry � RRSR:iRRRRASi w N N 5 y�-�mmw o s �c�i �p A p �V pey�y p bpppm N w 1 m F (Ntl app pp gppp 1 n ry N t}}A I� � y� N e� ��„ �nR��S�RRS3�$RR� RRRSISRR��RR � H $$$88g�8888888g8g88ryry8 MNwn N N M m �8�8888:8888 wN�M3� � M�� M M M S tt c yyy}yyyyyr rr qq55RR r Ln ti yy 9 CH i C w LU a ii ll, Ji zz �IIg'=a.r r^ 7 y W � � gai ai CANAL #489 GEIGER KEY BOCA CiHICA OCEAN SHORES SUBDIVISION CULVERT INSTALLATION 34 BACKGROUND The scope of work developed for completing the restoration design for Canal #459, located in Boca Chica Ocean Shores Subdivision, Geiger Key, Is based upon previously collected information which is summarized on the information sheet and conceptual design (attached). These documents are part of the report titled `Monroe County Selection of Demonstration Canals for Water Quality Improvements; dated November 8, 2013. DETAILED SCOPE OF WORK The scope of work is broken down into the following tasks: Additional data collection Including bathymetric and topographic surveys, geotechnical investigation, and mangrove surveys, as required to complete the design and permitting of the proposed restoration • Preliminary Design — 30% Documents • Permitting • 60% Construction Documents • 100% Construction Documents with • Bid Support • Construction Support Services and Engineering During Construction Task 1: Additional Data Collection/Processing The first task is the collection of additional data that will be needed to finalize the design for culvert Installation at Canal #459. AMEC shall schedule a site visit to meet with homeowners to discuss the conceptual designs, confirm the locations of the equipment involved with the restorations including staging areas, and obtain any additional Input from the homeowners that might affect the final designs. AMEC shall coordinate the site visit with County staff. During the site visits the locations and specifics of additional data collection, such as survey limits, will be verified. AEMC will complete an existing conditions survey of the staging areas and equipment locations, seawalls, and other dock features of all properties located within the project limits. This will be performed by boat and foot and will consist of photo documentation and completion of a checklist detailing all structures, boats, davits, etc. The condition and depth of the seawalls will be noted. A general engineering site evaluation will also be performed to denote other applicable site conditions such as existing utilities, existing structures (e.g. weed gates, aerators) that will require demolition, access issues, etc. AMEC staff will Identify and delineate mangrove wetlands within the project footprint in accordance with Florida Administrative Code, Chapter 62-340, the USACE 1987 Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Wetlands, including mangroves, will be evaluated utilizing the FOEP Uniform Mitigation Assessment Method (UMAM), Wetiand Rapid Assessment Method (WRAP), and/or the Estuarine Wetland Rapid Assessment Method (EWRAP) (depending on regulatory agency requirements) to assess the direct and indirect impacts as well as to determine the appropriate compensatory mitigation, if any. 35 Prior to the site visit, AMEC will research and assemble available soil surveys, site topographic maps, and National Weiland Inventory maps to preliminarily identify potential waters of the U.S., wetlands, and streams. AMEC will then conduct the field visit to characterize the delineated wetlands. Dei€neaticn includes on -site determination, marking in the field with a handheld GPS unit (sub - meter accuracy), and flagging of the aerial extent of each wetland (if any). Note: Florida International UnIversiltXiffll §taff will perform the benthic and threatened and endan Bred species surveys required for the aermit applications as Part of their baseline canal characterization mein performed under an existing EPA grant. AMEC will obtain FIU's survey data and incorporate the information into an ecological evaluation report required for permit submittal. AMEC will obtain bathymetric and topographic data for the affected canal area and surrounding structures within the project boundary. A grid of canal bottom elevations will be collected on each side of the proposed culvert location sufficient to develop a digital elevation model. The thickness of soft sediment will be determined by probing to refusal. The topographic data will be acquired using traditional survey methodologies for the road, existing utilities, private property, and any other significant structure within the project boundary. Topographic and bathymetric maps will be prepared for design and permitting of the project. The bathymetric survey will be carried out utilizing a survey -grade GPS unit operating in Real Time Kinematic (RTK) mode mounted atop an adjustable height rod. This apparatus will be used in a boat to traverse the canal area adjacent to the proposed culvert. The thickness of soft sediment will be determined in addition to top of hard rock. The topographic data w€II be acquired in the area of the proposed culvert location and will detail the existing utilities, private property, and any other significant structure within the immediate area. Bathymetric maps will be prepared for design and permitting of the project. The survey and all subsequent work will be relative to the North American Datum of 1983/2007 Adjustment (NAD83/07) and the North American Vertical Datum of 1988 (NAVD88) based on nearby National Geodetic Survey (NGS) and/or Florida Department of Transportation (FDOT) horizontal and vertical geodetic control monuments. All surveying and mapping services associated with this assignment will conform with the applicable requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. A tidal study will also be conducted to provide Input data for a hydraulic model. AMEC will complete a subsurface exploration for the project that will consist of two Standard Penetration Test (SPT) boring to a depth of 35 feet below the existing ground surface in the location of the proposed culvert. Prior to the boring installation, a utility clearance (Sunshine State One Call) will be performed to check for conflicts with existing underground utilities at the proposed boring locations. At completion of drilling the borings will be grouted. The drilling and sampling will be conducted in general accordance with applicable ASTM standards. In the laboratory, soil samples will be examined by an AMEC geotechnical engineer and visually classified in general accordance with the Unified Soil Classification System. Granin size and organic content laboratory tests will be performed on two (2) samples. AMEC will utilize the test results to estimate the skin friction and bearing characteristics of the subsurface soils on the basis of empirical correlations and prior experience. AMEC will perform a corrosion potential 36 testing (Sulfate content, Chlorides content, pH, and resistivity) for one water sample obtained from the surface water of the canal. Task 1 Deliverables: « Engineering Site Reconnaissance Summary « Baseline Conditions Survey • Technical memorandum with the attachments of the bathymetric and topographic surveys, and geotechnical soil borings and soil test laboratory results ■ Ecological evaluation report. Task 1 Budget: $ 28,452.65 Task 1 Completion Date: 90 days after Notice to Proceed Task 2• Preliminary„Design 30% Documents AMEC will review the existing conceptual designs along with the newly obtained additional assessment data and examine each design alternative in further detail and modify as needed to achieve the best possible result. AMEC will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction details. The preliminary design plan will be submitted to Monroe County at the conclusion of this task for final review and approval. County review time is not included in the project schedules. Task 2 Deliverables: • Preliminary design plans that including a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans, and e. construction details. Task 2 Budget: $ 6,144.00 Task 2 Completion Date: 90 days after Notice to Proceed Task 3: Permitting AMEC will obtain permits from the required regulatory agencies for the proposed culvert installation restoration. The identified list of permits is shown below: Environmental Resource Permit— SFWMD consultation with FWC Dredge and Fill Permit — USACE, consultations with NOAA Fisheries, USFWS FKNMS Permit — NOAA FKNMS Monroe County -- Right of Way Permit DEP — Mangrove trimming, if required. 37 AMEC will coordinate and attend pre -application permitting meetings. An initial pre -application meeting will be set up with the designated permitting representatives to identify permitting requirements and agency concerns. Fallowing site investigations, a follow up pre -application meeting may be required to discuss any potential impacts to natural resource and any avoidance, minimization and mitigation requirements. The follow up pre -application meetings may include site visits with the regulatory agency representatives. Once a clear path forward on required consultation and mitigation to acquire the permits Is identified, the Joint Environmental Resource Permit (ERP)lFederal Dredge and Fill 404 permit application and a NOAA National Marine Sanctuaries Permit application will be completed along with any supporting documents (Endangered Species Act Biological Assessment and/or Essential Fish Habitat Assessment) will be prepared. Estimated permit application fees are included in the costing for this scope of work. if impacts to wetlands or benthic resources are identified, AMEC will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. Costs to purchase mitigation credits are not included in the cost estimate as it is unknown at this time what will be required. Once permit applications are submitted, the agencies will have the opportunity to prepare a Request for Additional Information (RAl). AMEC will prepare responses to the RAls. The scope of work for the permitting includes only non -sovereign submerged lands located within the project footprints. Task 3 Deliverables: • Meeting minutes of the pre -application communications • Completed permit applications. Task 3 Budget: $ 10,629.10 Task 3 Completion Date: 135 days after Notice to Proceed Task 4: 60% Construction Documentg Upon acceptance of the preliminary (30%) designs, AMEC will prepare a 60% construction submittal. The Construction Documents will include each of the following components: • Survey — AMEC's licensed surveyor's bathymeh is and topographic surveys. • Construction Plans — depicting site impacts, maintenance of traffic, and utility impacts and relocations, if necessary. • Specifications -- Technical specifications for the project, utilizing County Standards where applicable, other accepted industry specifications if needed (i.e. FOOT, SFWMD, etc.) or developed specifically for this project application if necessary. • Schedules — AMEC will prepare a detailed construction schedule, working closely with the County, the homeowners and other stakeholders to phase, sequence and complete construction while considering the constraints and limitations. 38 • Estimate of Construction Cost - The cost for the canal restoration will be refined throughout the design process and a detailed Engineer's Opinion of Probable Cost will be prepared and submitted with the 60% construction documents. As part of the 60% design effort, AMEC will prepare a hydraulic model (HEC-RAS 4.1) and prepare a MOT plan. 60% design plans and specifications will be submitted to Monroe County for review and comment. County times are not Included in the project schedules. County review time is not included in the project schedules. Comments received will be addressed and resolved to the satisfaction of the County as soon as practicable so as to not delay future design. Open communication with the homeowners will be maintained throughout the design process. Task 4 Deliverables: • 60% design plans for the proposed restoration including a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details f. MOT plan g. construction schedule h. Engineer's Opinion of Probable Cost. Task 4 Budget: 6,070.00 Task 4 Completion Date: 120 days after Notice to Proceed Task 5: 100% Constructi n Documents Com I tion ubmittal Upon acceptance by the County of the 60% construction documents and comments from permitting agency reviewers, the AMEC Team will develop the 100% construction documents for the project. Because the design package is advancing from 60% to a 100%, the AMEC Team will have ongoing communication with County staff and stakeholders to resolve any outstanding issues or questions and address concerns during the final design development. The final design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, cuttfill analysis and construction details. AMEC will update the plans, specifications, costing, and models as required in response to regulatory comments. Comments received from Monroe County will be addressed and resolved prior to the final submittal of the 100% construction documents and design specifications. Once the final designs are approved an Operation and Maintenance Plan will be prepared for the project site. Task 5 Deliverables: • 100% Construction Documents for the proposed restoration including: a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details 39 f. specifications g. construction cost estimate, and h. operation and maintenance plan. Task 5 Budget: $ 5,518.00 Task 5 Completion Date: 225 days after Notice to Proceed. The ACOE permitting may require extension of this date. Task 6: Bid Support Upon completion of the Construction Documents, AMEC will assist Monroe County, who will be bidding out the construction of the restoration, with the bid phase. AMEC will provide the following services to assist Monroe County with the bidding of the construction of the restoration: • Review of the Bid Package prepared by Monroe County which will Include the 100% Construction documents completed by AMEC • Respond to applicable Bidders' Requests for Information (RFI's) and assist in the preparation of Addenda, including making revisions to the Bidding Documents, as required. • Attend a Pre -Bid Conference and site walk-through and assist in preparation of meeting minutes. • Conduct a Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre -Award Conference, to discuss the Bidder's qualifications and understanding of the Project, if required. Task 6 Dellverables: • Comments on Bid Package • RF1 responses • Pre -bid meeting notes • Comments on review of bids • Pre -award conference meeting minutes. Task 6 Budget: $ 6,020.80 Task 6 Completion Date: Estimated 60 days duration which will need to be confirmed by Monroe County. Based upon 60 days duration estimated completion date of 300 days after Notice to Proceed 40 Task 7: Construction Supp ort Services and En ineerin DuringConstruction The AMEC Team will conduct the following activities: • Pre-Qonstruction Conference & Site W Ik-Thru: Prepare the agenda and prepare the meeting minutes. • Requests for Inf rmation: Review Contractor BFI's and respond as required to clarify the Contract Documents, including providing revised drawings or specifications if needed. In general, response time for RFI's shall average seven (7) days. Complex issues, or those requiring review by more than one design discipline may require additional time. Where possible, the design team will expedite its review. • Submittals: Review contractor submittals (schedules, samples, product data, shop drawings, installation drawings, etc.) and provide review comments for same. In general, response time for submittals shall average fourteen (14) days. Complex submittals or submittals requiring review by more than one design discipline may require additional time. Where possible, design team will expedite its review. • Chan- a Orders: Assist in the evaluation and preparation of contractor change orders. • Project Close -Out: Attend one (1) Project Close -Out Meeting Review and amend the Contractor's punch lists for substantial and final completion. When all items are complete in accordance with the Contract Documents, issue a report indicating final acceptance of same. Design Team will also verify that the Contractor has submitted all required close-out documentation prior to authorizing approval of final payment to Contractor. • Consult with Owner: Provide consultation and advice to County regarding the Contractor's performance of the Contract. Liaise with the County, homeowners, and other stakeholders as necessary to administer the construction contract. • Site Inspection: AMEC will oversight the contractor and prepare daily work reports showing contractors activities, equipment, maintenance of traffic and environmental compliance. An AMEC Inspector should be on site when the contractor is working. The costs for daily site inspections (up to 8 hours per day) and construction administration are based upon the number of construction days. For this proposal the number of field construction days is based upon the conceptual design cost estimates previously completed for Monroe County which for culvert installation is estimated at 14 days. After completion of the 100% construction documents and final construction schedule, the number of construction days may change. Task 7 Deliverables: • Daily work reports • Meeting minutes • Progress pay estimates with back up documentation • Final Pay Estimate with back up documentation • Final "As -Built Plans" • Material certifications • Environmental Inspection Reports • Pre -construction, Progress and Final Photographs (Electronic Files) Task 7 Budget: $ 14,199.40 Task 7 Completion Date: Duration of 14 constructions days; 20 calendar days based upon 5 day work weeks after initiation of construction. 41 TOTAL PROJECT BUDGET CANAL #459 A detailed cost spreadsheet Is attached. The costs are based upon completing the #459 culvert installation restoration independently of the other six (6) restorations in case of a hold in schedule due to a lack of homeowner approval, permitting, or other issue. This restoration will be able to proceed on its own schedule. PROJECT TOTAL: $ 77,033.95 42 Monroe County Selection of Demonstration Canalsfor CULVERT INSTALLATION Canal ID: 459 Geiger Key Location: MM 10 Boca Chica Ocean Shores subdivision, Oceanside Summary of Water Quality Impacts: Weed wrack entry into dead end canal Restoration Technology: Culvert lnstalllation under Boca Chic a Road with Connection to Canal 460 C kjer Key to assist with flushing and prevent the entrapment of weed wrack at the end of the Canal. Site Conditions: The canal faces southeast and discharges into Similar Sound, The plat book indicates the properly is owned by the federal govemment The County indicated they cannot preempt federal use of the property and additional research is being conducted to determine the nature of the federal interest in the property. Existing Treatment: None Homeowner Communication: None to date 0.0. (rnglLI % Sfuration) Turbkiitjr (NTU) WA. Summary & CW * Ranklrtp Demo Ranking 64 size (acne) 0,26 Averape DiO (A) Ain E (ft) •9.71 Dqm of S4lpnelloa ' 49 Number of Mouths 1 Thidrneas (ft) Pamela 7 WS0 . 6014C Not irnpd d WWT FKAA/BIg Copph FKNMS Mu*rkV 4.37 mites 5tetiart ' Abbrruvetrnns Dasohed Oxygen (D.a.), Neptretometrc Turbdrly trm (NTu), nifiWin, pr kmar(mg&), virtu Body bemaocabon Mom), wu*w*W bamh, ant (wwr); Fen (m, 1nlor'n*0 P "N' W in ft 2013 Ma woo County Canal Management Maatr Plan. —Data mladad dung Om 2013 Mmtva County Canab Bettwwft Survey. Monroe County Selection September 2013 of Demonstration Canals Canal ID, 459 Geiger Key Protect Location: The project area is located south of US1 in Monroe County, Geiger Key, Florida; Section 26, Township 67 S , Range 26 E , (Latitude: 24°35'04.80" North; Longitude: - 810 39'00.15" West). The information sheet and site location map (Figure 14) provide additional details. Conceptual Design: The purpose of the project is to hydrologically connect canal 459 and 460 to increase the natural tidal flushing and reduce seaweed entrapment in the dead ends of the canal. At this stage in the project, the following design components have not been completed: • Hydraulic models • Geotechnical investigations • Detailed topographic and bathymetric data Therefore, for budgetary purposes AMEC has proposed installing an 8 feet high by 8 feet wide by 112 foot long precast concrete box culvert with a manatee grate under Boca Chica Road. The installation forthe box culvert will entail using excavators to remove a 28 foot wide by 112 foot long section perpendicular to Boca Chica Road between Egret Lane and Jay Lane. Clue to the removal of a portion of the main access road when installing the box culvert, maintenance of traffic plans will be created to ensure minimal impacts to local traffic. In the event the existing water and sewer lines need to be removed for the box culvert construction, a bypass system will be created during construction to ensure minimal outage to the local area. Due to the area outside the limits of the canal system designated as a Flodda Outstanding Water the contractor will install primary and secondary turbidity curtains to ensure 0 NTU's above background. Construction Cost Estimate: The approximate cost to construct the culvert connection as aforementioned will be $130,000. Permits: • South Florida Water Management District Environmental Resource Permit • Army Corps of Engineers Permit • Flodda Key's National Marine Sanctuary Permit • Monroe County Right of Way Permit • Monroe County Building Permit Access: Based on field visits, an area located along Egret Lane could be used as a construction staging area with minor vegetation trimming. Conceptual Drawing: See attached COST ESTIMATE SPREADSHEET 44 all u �E ~ G � iiikkk nn � : � Ell 4 � A n � u~uJJi p O r Nm� � H 3 � � ryProw r0 m f h C z v � � N IIL� ■ �' �(�71w(� (y CCD� pp ypq pp QQ 1ryV VVpp po aa mm ��b�y�0»NMO�M�iNO pp pp pp M6i»��N�N�NN W ♦ � C � � ppn� .r p i� p p p p ry q p p p p U M�1MY�NN�OOgNNNNN p p p p p p p M��ryMNNMNNN u n 2 it � �p r1^�YI O N � MMP- OQOGOO c� a rn C � Sti$888:8888 M�r„885iSP��A5� 8w88p8�8g�88888m888g888ry M~MN�M�MMMN���11�� 4 m W W W W W.. Wwuf lnN W �7! I y co riff q3: g LU m 5�{{ lit it mV n^G^,�M�'©F�ObMMa�N. PM i. ~MXot�Y�w xnMM�y NNNN n M » Mww N (O1l w � M w fA W Y � h MN�A .. .. i{I�CI� I+F maaa� O W � OYI Yi�rr r O �rrf 0 tl M w = yy ppppoo pp qqaG(��ipp pp �NwM��N��MNNwt•w�IN� � ♦V eN� H �y n �' h M � M h u R g v u � sw 3�g m m m ico n i- X g M M h a�a � Iryf �'►W�W a 8 (.� gi, sssssssssss� yW��a�s�ssss�ssssss W N � �aagqygFp(cyq(� fill M f Yl m w f m m N ^�QC P1I T. q q Y1 u �ryA2gjalag - plug mry a + Mw gig qf� m F .nyy� OY � 8888888888888888 8�8888:8888 m ti 3 a m o il W ttl Yt W W& W Ili Vl Ifl fR W U sa m i�SWW� j� id y N CANAL #277 BIG PINE KEY TROPICAL BAY SUBDIVISION CULVERT INSTALLATION 45 BACKGROUND The scope of work developed for completing the restoration design for Canal #277, located in Tropical Bay Subdivision, Sig Pine Key, is based upon previously collected information which is summarized on the information sheet and conceptual design (attached). These documents are part of the report titled 'Monroe County Selection of Demonstration Canals for Water Quality Improvements; dated November 8, 2013. DETAILED SCOPE OF WORK The scope of work is broken down into the following tasks; • Additional data collection including bathymetric and topographic surveys, geotechnical investigation, and mangrove surveys, as required to complete the design and permitting of the proposed restoration Preliminary Design — 30% Documents * Permitting • 60% Construction Documents • 100°% Construction Documents with • Bid Support • Construction Support Services and Engineering During Construction Task 1: Additional Data Collection/Processing The first task is the collection of additional data that will be needed to finalize the design for culvert installation at Canal #277. AMEC shall schedule a site visit to meet with homeowners to discuss the conceptual designs, confirm the locations of the equipment Involved with the restorations Including staging areas, and obtain any additional input from the homeowners that might affect the final designs. AMEC shall coordinate the site visit with County staff. During the site visits the locations and specifics of additional data collection, such as survey limits, will be verified. AEMC will complete an existing conditions survey of the staging areas and equipment locations, seawalls, and other dock features of all properties located within the project limits. This will be performed by boat and foot and will consist of photo documentation and completion of a checklist detailing all structures, boats, davits, etc. The condition and depth of the seawalls will be noted. A general engineering site evaluation will also be performed to denote other applicable site conditions such as existing utilities, existing structures (e.g. weed gates, aerators) that will require demolition, access issues, etc. AMEC staff will identify and delineate mangrove wetlands within the project footprint in accordance with Florida Administrative Code, Chapter 62-340, the USACE 1987 Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Wetlands, including mangroves, will be evaluated utilizing the FDEP Uniform Mitigation Assessment Method (UMAM), Wetland Rapid Assessment Method (WRAP), and/or the Estuarine Wetland Rapid Assessment Method (EWRAP) (depending on regulatory agency requirements) to assess the direct and indirect Impacts as well as to determine the appropriate compensatory mitigation, if any. 46 Prior to the site visit, AMEC will research and assemble available soil surveys, site topographic maps, and National Wetland Inventory maps to preliminarily Identify potential waters of the U.S., wetlands, and streams. AMEC will then conduct the field visit to characterize the delineated wetlands. Delineation includes on -site determination, marking in the field with a handheld GPS unit (sub - meter accuracy), and flagging of the aerial extent of each wetland (if any). canal characterization beina performed under an oxistincEPA grant. AMEC will obtain FIU's survey data and incorporate the information into an ecological evaluation report required for permit submittal. AMEC will obtain bathymetric and topographic data for the affected canal area and surrounding structures within the project boundary. A grid of canal bottom elevations will be collected on each side of the proposed culvert location sufficient to develop a digital elevation model. The thickness of soft sediment will be determined by probing to refusal. The topographic data will be acquired using traditional survey methodologies for the road, existing utilities, private property, and any other significant structure within the project boundary. Topographic and bathymetric maps will be prepared for design and permitting of the project. The bathymetric survey will be carried out utilizing a survey -grade GPS unit operating in Real Time Kinematic (RTK) mode mounted atop an adjustable height rod. This apparatus will be used in a boat to traverse the canal area adjacent to the proposed culvert. The thickness of soft sediment will be determined in addition to top of hard rock. The topographic data will be acquired in the area of the proposed culvert location and will detail the existing utilities, private property, and any other significant structure within the immediate area. bathymetric maps will be prepared for design and permitting of the project. The survey and all subsequent work will be relative to the North American Datum of 1983/2007 Adjustment (NA083107) and the North American Vertical Datum of 1988 (NAVD88) based on nearby National Geodetic Survey (NGS) and/or Florida Department of Transportation (FDOT) horizontal and vertical geodetic control monuments. All surveying and mapping services associated with this assignment will conform with the applicable requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. A tidal study will also be conducted to provide input data for a hydraulic model. AMEC will complete a subsurface exploration for the project that will consist of three (3) Standard Penetration Test (SPT) boring to a depth of 35 feet below the existing ground surface in the locations of the proposed culverts. Prior to the boring installation, a utility clearance (Sunshine State One Call) will be performed to check for conflicts with existing underground utilities at the proposed boring locations. At completion of drilling the borings will be grouted. 47 The drilling and sampling will be conducted in general accordance with applicable ASTM standards. In the laboratory, soil samples will be examined by an AMEC geotechnical engineer and visually classified in general accordance with the Unified Soil Classification System. Granin size and organic content laboratory tests will be performed on up to three (3) samples. AMEC will utilize the test results to estimate the skin friction and bearing characteristics of the subsurface soils on the basis of empirical correlations and prior experience. AMEC will perform a corrosion potential testing (Sulfate content, Chlorides content, pH, and resistivity) for two (2) water samples obtained from the surface water of the canal. Task i Deliverables: • Engineering Site Reconnaissance Summary + Baseline Conditions Survey • Technical memorandum with the attachments of the bathymetric and topographic surveys, and geotechnical soil borings and soil test laboratory results • Ecological evaluation report. Task 1 Budget: $ 35,172.05 Task 9 Completion Date: 90 days after Notice to Proceed Task 2: Prelimina Design - 30% Documents AMEC will review the existing conceptual designs along with the newly obtained additional assessment data and examine each design alternative in further detail and modify as needed to achieve the best possible result. AMEC will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will Include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction details. The preliminary design plan will be submitted to Monroe County at the conclusion of this task for final review and approval. County review time is not included In the project schedules. Task 2 Deliverables: Preliminary design plans that including a. existing site plan b. proposed site plan c, proposed grading plans d. erosion and sediment control plans, and e. construction details. Task 2 Budget: $ 7,308.00 Task 2 Completion Date: 90 days after Notice to Proceed 48 Task 3: Permitting AMEC. will obtain permits from the required regulatory agencies for the proposed culvert installation restoration. The identified list of permits is shown below: Environmental Resource Permit — SFW MD consultation with FWC Dredge and Fill Permit — USACE, consultations with NOAA Fisheries, USi~WS FKNMS Permit — NOAA FKNMS Monroe County — Right of Way Permit DEP — Mangrove trimming, if required. AMEC will coordinate and attend pre -application permitting meetings. An initial pre -application meeting will be set up with the designated permitting representatives to identify permitting requirements and agency concerns. Following site investigations, a follow up pre -application meeting may be required to discuss any potential impacts to natural resource and any avoidance, minimization and mitigation requirements. The fallow up pre -application meetings may include site visits with the regulatory agency representatives. Once a clear path forward on required consultation and mitigation to acquire the permits is identified, the Joint Environmental Resource Permit (ERP)/Federal Dredge and Fill 404 permit application and a NOAA National Marine Sanctuaries Permit application will be completed along with any supporting documents (Endangered Species Act Biological Assessment and/or Essential Fish Habitat Assessment) will be prepared. Estimated permit application fees are included in the costing for this scope of work. If impacts to wetlands or benthic resources are identified, AMEC will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. Costs to purchase mitigation credits are not included in the cost estimate as it is unknown at this time what will be required. Once permit applications are submitted, the agencies will have the opportunity to prepare a Request for Additional Information (RAI). AMEC will prepare responses to the RAls. The scope of work for the permitting includes only non -sovereign submerged lands located within the project footprints. Task 3 Deliverables: • Meeting minutes of the pre -application communications • Completed permit applications. Task 3 Budget: $ 10,828.10 Task 3 Completion Date: 135 days after Notice to Proceed 49 Task 4: 60% Construction Documents Upon acceptance of the preliminary (30%) designs, AMEC will prepare a 60% construction submittal. The Construction documents will include each of the following components: • Survey — AMEC's licensed surveyor's bathymetric and topographic surveys. Construction Plans —depicting site impacts, maintenance of traffic, and utility impacts and relocations, if necessary. • S ecifications — Technical specifications for the project, utilizing County Standards where applicable, other accepted industry specifications if needed (i.e. FDOT, SFWMD, etc.) or developed specifically for this project application if necessary. • Schedules — AMEC will prepare a detailed construction schedule, working closely with the County, the homeowners and other stakeholders to phase, sequence and complete construction while considering the constraints and limitations. • Estimate of Construction Cost - The cost for the canal restoration will be refined throughout the design process and a detailed Engineer's Opinion of Probable Cost will be prepared and submitted with the 60% construction documents. As part of the 60% design effort, AMEC will prepare a hydraulic model (HEC-RAS 4.1) and prepare a MOT plan. 60% design plans and specifications will be submitted to Monroe County for review and comment. County times are not included In the project schedules. County review time is not included in the project schedules. Comments received will be addressed and resolved to the satisfaction of the County as soon as practicable so as to not delay future design. Open communication with the homeowners will be maintained throughout the design process. Task 4 Deliverables: • 60% design plans for the proposed restoration including a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details f. MOT plan g. construction schedule h. Engineer's Opinion of Probable Cost. Task 4 Budget: $ 6,598.00 Task 4 Completion Date: 120 days after Notice to Proceed 50 Task 5: 100% Construction Documents Completion Submittal Upon acceptance by the County of the 60% construction documents and comments from permitting agency reviewers, the AMEC Team will develop the 100% construction documents for the project. Because the design package is advancing from 60% to a 100%, the AMEC Team will have ongoing communication with County staff and stakeholders to resolve any outstanding issues or questions and address concerns during the final design development. The final design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, cut/fill analysis and construction details. AMEC will update the plans, specifications, costing, and models as required in response to regulatory comments. Comments received from Monroe County will be addressed and resolved prior to the final submittal of the 100% construction documents and design specifications. Once the final designs are approved an Operation and Maintenance Plan will be prepared for the project site. Task 5 Deilverables: • 100% Construction Documents for the proposed restoration including: a. existing site plan b. proposed site plan c. proposed grading plans d. erosion and sediment control plans e. construction details f. specifications g. construction cost estimate, and h. operation and maintenance plan. Task 5 Budget: $ 6,064.00 Task 5 Completion Date: 225 days after Notice to Proceed. The ACOE permitting may require extension of this date. Task 6: Bid Support Upon completion of the Construction Documents, AMEC will assist Monroe County, who will be bidding out the construction of the restoration, with the bid phase. AMEC will provide the following services to assist Monroe County with the bidding of the construction of the restoration: • Review of the Bid Package prepared by Monroe County which will include the 100% Construction documents completed by AMEC • Respond to applicable Bidders' Requests for Information (BFI's) and assist in the preparation of Addenda, including making revisions to the Bidding Documents, as required. • Attend a Pre -Bid Conference and site walk-through and assist in preparation of meeting minutes. • Conduct a Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre -Award Conference, to discuss the Bidder's qualifications and understanding of the Project, if required. 51 Task 6 Deliverables: • Comments on Bid Package • RFI responses • Pre -bid meeting notes • Comments on review of bids • Pre -award conference meeting minutes, Task 6 Budget: $ 6,020.80 Task 6 Completion Date: Estimated 60 days duration which will need to be confirmed by Monroe County. Based upon 60 days duration estimated completion date of 300 days after Notice to Proceed Task 7: Construction Support Services and Engineering DurInILConstruction The AMEC Team will conduct the following activities: • Pre -Construction Conference & Site Walk-Thru: Prepare the agenda and prepare the meeting minutes. • Re nests Lqr Informati n: Review Contractor RF1's and respond as required to clarify the Contract Documents, Including providing revised drawings or specifications if needed. In general, response time for RFI's shall average seven (7) days. Complex issues, or those requiring review by more than one design discipline may require additional time. Where possible, the design team will expedite its review. • Submittals: Review contractor submittals (schedules, samples, product data, shop drawings, Installation drawings, etc.) and provide review comments for same. In general, response time for submittals shall average fourteen (14) days. Complex submittals or submittals requiring review by more than one design discipline may require additional time. Where possible, design team will expedite its review. • Chanae Orders: Assist in the evaluation and preparation of contractor change orders. • Proiect Close -Out: Attend one (1) Project Close -Out Meeting Review and amend the Contractor's punch lists for substantial and final completion. When all Items are complete in accordance with the Contract Documents, issue a report indicating final acceptance of some. Design Team will also verify that the Contractor has submitted all required close-out documentation prior to authorizing approval of final payment to Contractor. • Consult with owner. Provide consultation and advice to County regarding the Contractor's performance of the Contract. Liaise with the County, homeowners, and other stakeholders as necessary to administer the construction contract. • Site Insoection: AMEC will oversight the contractor and prepare daily work reports showing contractors activities, equipment, maintenance of traffic and environmental compliance. An AMEC Inspector should be on site when the contractor is working. The costs for daily site inspections (up to 8 hours per day) and construction administration are based upon the number of construction days. For this proposal the number of field construction days is based upon the conceptual design cost estimates previously completed for Monroe County which for culvert Installation is estimated at 21 days. After completion of the 100% construction documents and final construction schedule, the number of construction days may change. 52 Task 7 Deliverables: • Daily work reports • Meeting minutes • Progress pay estimates with back up documentation • Final Pay Estimate with back up documentation • Final "As -Built Plans" • Material certifications • Environmental Inspection Reports • Pre -construction, Progress and Final Photographs (Electronic Files) Task 7 Budget: $ 20,847.80 Task 7 Completion Date: Duration of 21 constructions days; 30 calendar days based upon 5 day work weeks after initiation of construction. TOTAL PROJECT BUDGET CANAL #277 A detailed cost spreadsheet is attached. The costs are based upon completing the #277 culvert installation restoration independently of the other six (6) restorations in case of a hold in schedule due to a lack of homeowner approval, permitting, or other issue. This restoration will be able to proceed on its own schedule. PROJECT TOTAL: $ 92,838.75 53 amec'0 Canal ID: 277 Big Pine Key Location: MM 31 Tropical Bay (3rd Addition) subdivision, Bayside Summary of Water Quality impacts: This canal system has multiple water quality impacts; Primary — hack of flush- ing due to long multi -fingered canal system; also weed wrack entry, accumulated organics and deep stagnant zones due to average depth of -10.3 and max depth of-21.04. Restoration Technology: Primary - Culvert connection at north end of Sunset Drive to Bogie Channel to assist with flushing (also will assist with weed wrack not getting trapped at the dead end of the canal); Secondary - Organic removal from canal bottom to eliminate on -going source of organic decomposition; Tertiary — backfilfimg (For the purpose of eliminating deep oxygen depleted impaired water quality zone) Site Conditions: The canal faces due east and discharges into Bogie Channel, Private ownership of the lands below the high -grater mark is not reflected in the plat book. Existing Treatment: Culvert between 2 of the canal fingers; culvert appears undersized and possibly dogged. Homeowner Communication: Numerous homeowners have submitted letters to Monroe County stating their request for demo canal cleanup funding. Some have suggested canal bottom organics removal. DA. (mg/ -I % Saturation) Turbk * (NTU) W.Q. Summery CMMP Ranking Demo (tanking 1.5121 % at 5 it 0189 Poor 111 63 Size (acraa) 5.44 Average Depkh (Rj .10.32 M)n Depth (h) -21.04 DV" of SfognaWn 1.2 Number of Mouths 1 Orlwic Thick" (ft) 1.16 Parcels 88 WSID 6012A Imps W WWI` FKANCud]oe Regkonal - Not Completed FKiIWS Mor Ulrlg Slation 1.52 mks Abbwuftns puNwd Qirywn (D o x Nephsrcrnetrnc TurtdtY unit (NTU),-Mgrar- per kb r (mg&1. VW- Body Iden Vkxbm "D), waste wster treaplrant WAM. Feat ft Intomnabon preserded in the 2013 V"wm county Cord Manger t Ma W Plop -beta 00kXWd dung the 2013 Marron County Canal& Baftfna= Surrey, Monroe County Selection September 2013 or Demonstration Canals Canal ID: 277 Big Pine Key Protect Location: The project area is located north of US1 in Monroe County, Big Pine Key, Florida; Section 14, Township 66 S, Range 29 E , (Latitude: 24°41'43.52" North; Longitude: - 810 21'22.92" West). The information sheet and site location map (Figure 7) provide additional details. Conceptual Design: The purpose of the project is to hydrologically connect canal 277 to open water in Doctor's Arm to increase natural tidal flushing and reduce seaweed entrapment in the dead ends of the canal, At this stage in the project, the following design components have not been completed: • Hydraulic models • Geotechnical investigations • Detailed topographic and bathymetric data Therefore, for budgetary purposes, AMEC is proposing installation of an 8 feet high by 8 feet wide by 185 foot long precast concrete box culvert with a manatee grate and plastic netting placed from the Doctor's Arm to canal 277. The installation will entail using excavators to remove a 28 foot wide by 185 foot long section through an empty lot and across Sunrise Drive. Due to the removal of a portion of the road, maintenance of traffic plans will be created to ensure minimal impacts to local traffic. In the event the existing water lines may be impacted due to construction, a bypass system will be created to maintain service to the local residents. Due to the area outside the limits of the canal system designated as a Florida Outstanding Water the contractor will Install primary and secondary turgidity curtains to ensure 0 NTU's above background. Construction Cost Estimate: The approximate cost to construct the culvert connection as aforementioned will be $195,000. Permits: • South Florida Water Management District Environmental Resource Permit • Army Corps of Engineers Permit • Florida Key's National Marine Sanctuary Permit • Monroe County Right of Way Permit • Monroe County Building Permit Access: Based on field visits, an area located along within the empty lot adjacent to Sunrise Drive could be used as a construction staging area. Congo Drawing: See attached - «�\ / MIN I {ƒ} })\ \y ` tq L \� . � #d -/ ■§ �! | §� � /- ! COST ESTIMATE SPREADSHEET 55 +1 C]6i 41S«««NNNMMM««« � MSiSSS««mSSMNMY • G JR till N �[�'I�MG]V�1»NM�NNN�YWN GQry] M � � S`51�148N��M^SNMN SSN ♦N Mw! �. �O y »« �� ^ r » � p Cl oo p p p e�«S!�' �M�SSSNS �MN� ppppp pppuu�� �ypd NMMMN.�NMN N^Mp � o u V » s w � g, t S V .�.i.a ae fp«SS« � .i i.{ .► s3 � � gr 3#$ 3 w w w » rZ � ~ a. a3 I i K r.l]H Y� G � rrO OO;OGd all 88$8g88$88888888g8 � $�8$88r^888858 S r 9 �O ; J Uf ar-11 W W W i Vi ViN YlW U I » C G s d CyY uj ie3g� 4 n—nfit u� r� Li �_ 1 a4ryrr �rr� : �31 yx� r t � M F j �$+ nn r:+nnblm acaa� or.n.gr.�ngr i��11r— S.N1 S ~ u � N + w r a M i3s r � a p U Vi u � • ^'�.''.`°, '�rii .i .`�,�$.�$`.Z VI M � { .�$i .i w`.�.i :L`iiR A.�SR.i $ x"ti F u sail48 N u gg. �g�S�8�8515iR85ig 85t . 8��$S88S5i8RR�8 j N S } m Y m m !f' m ■pq /E M w�W1 nib eryvs araj S5ta 5 u S q a „w ik N.m mr a w a C y� w S^ Sir 88888p88p888CC8a8p$8O9�888 �M�NMMMyNMN�ia�i�M 888p8880.o8vvv8yvvfff�ff88p5p8y� G� �LnNMNf1���u1����MM Y7 MM IA W,I,§ It twor, 11 CANAL #29 KEY LARGO SEXTON COVE ESTATES SUBDIVISION BACKFILLING RESTORATION 56 BACKGROUND The scope of work developed for completing the restoration design for Canal #29, located in Sexton Cove, Key Largo, is based upon previously collected information which is summarized on the information sheet and conceptual design (attached). These documents are part of the report titled 'Monroe County Selection of Demonstration Canals for Water Quality improvements; dated November 8, 2013. DETAILED SCOPE OF WORK The scope of work is broken down into the following tasks: • Additional data collection including bathymetric/topographic surveys, sediment sample collection, mangrove surveys, geotechnical investigations, as required to complete the design and permitting of the proposed restoration • Preliminary Design — 30% Documents • Permitting • 60% Construction Documents • 100% Construction documents with • Bid Support • Construction Support Services and Engineering During Construction Task 1 • Additional Data Collection/Processing The first task is the collection of additional data that will be needed to finalize the design for backfilling at Canal #29. AMEC shall schedule a site visit to meet with homeowners to discuss the conceptual designs, confirm the locations of the equipment involved with the restorations including staging areas, and obtain any additional Input from the homeowners that might affect the final designs. AMEC shall coordinate the site visit with County staff. During the site visits the locations and specifics of additional data collection, such as survey limits, will be verified. AEMC will complete an existing conditions survey of the staging areas and equipment locations, seawalls, and other dock features of all properties located within the project limits. This will be performed by boat and foot and will consist of photo documentation and completion of a checklist detailing all structures, boats, davits, etc. The condition and depth of the seawalls will be noted. A general engineering site evaluation will also be performed to denote other applicable site conditions such as existing utilities, existing structures (e.g. weed gates, aerators) that will require demolition, access issues, etc. AMEC staff will identify and delineate mangrove wetlands within the project footprint In accordance with Florida Administrative Code, Chapter 62-340, the USACE 1987 Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Wetlands, Including mangroves, will be evaluated utilizing the FDEP Uniform Mitigation Assessment Method (UMAM), Wetland Rapid Assessment Method (WRAP), and/or the Estuarine Wetland Rapid Assessment Method (EWRAP) (depending on regulatory agency requirements) to assess the direct and indirect impacts as well as to determine the appropriate compensatory mitigation, if any. 57 Prior to the site visit, AMEC Wit research and assemble available soil surveys, site topographic maps, and National Wetland Inventory maps to preliminarily identify potential waters of the U.S., wetlands, and streams. AMEC will then conduct the field visit to characterize the delineated wetlands. Delineation includes on -site determinaWn, marking in the field with a handheld GPS unit (sub - meter accuracy), and flagging of the aerial extent of each wetland (if any). Note: Florida International University FIU staff will perform -the benthic and threatened anti endangered s ecies survva s re uired for the Permit applications as partoftheir baseline canal characterization being Performed under an -existing EPA aLqnt. AMEC will obtain 1=IU's survey data and incorporate the information into an ecological evaluation report required for permit submittal. AMEC will obtain bathymetric data for the canal area within the footprint of the proposed restoration. A grid of canal bottom elevations sufficient to develop a digital elevation model will be collected for the entire canal bottom. The bathymetric survey will be carried out utilizing a survey - grade GPS unit operating in Real Time Kinematic (RTK) mode mounted atop an adjustable height rod. This apparatus will be used in a boat to traverse the canal area as best as possible to establish a grid of canal bottom elevations sufficient to develop a digital elevation model. Bathymetric maps will be prepared for design and permitting of the project. The survey and all subsequent work will be relative to the North American Datum of 1983/2007 Adjustment (NAD83107) and the North American Vertical Datum of 1988 (NAVD88) based on nearby National Geodetic Survey (NGS) and/or Florida Department of Transportation ( DOT) horizontal and vertical geodetic control monuments. All surveying and mapping services associated with this assignment will conform with the applicable requirements of the Department's Bureau of Survey and Mapping, and applicable sections of Florida Administrative Rule Chapter 5J-17, Minimum Technical Standards, pursuant to Chapter 472, Florida Statutes. AMEC will determine the thickness of soft sediment by probing to refusal during the performance of the bathymetric survey. Although, sediment removal is not proposed as part of the restoration an understanding of the amount and type of sediment is required in order to estimate the potential compaction and suspension of the soft sediment during backfill placement. AMEC will collect up to five (5) sediment cores utilizing a piston tube core sampler located on a small barge. Up to 10 samples will submitted for laboratory analysis for grain size analysis, organic content, moisture content, and Atterberg Limits to evaluate suspension and compaction. Task 1 Deliverables: • Engineering Site Reconnaissance Summary • Baseline Conditions Survey • Technical memorandum with the attachments of the bathymetric survey, sediment sampling results • Ecological evaluation report. Task 1 Budget: S 28,368.15 Task 'I Completion pate: 90 days after Notice to Proceed 58 Task 2: Preliminary Design.. 30% Documents AMEC will review the existing conceptual designs along with the newly obtained additional assessment data and examine each design alternative in further detail and modify as needed to achieve the best possible result. AMEC will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will Include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction details. The preliminary design plan will be submitted to Monroe County at the conclusion of this task for final review and approval. Task 2 Deliverables: • Preliminary design plans that Include existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction details. Task 2 Budget: $ 8,386.00 Task 2 Completion Date: 90 days after Notice to Proceed Task 3: Permitting AMEC will obtain permits from the required regulatory agencies for the proposed backfilling restorations. The identified list of permits is shown below: Environmental Resource Permit -- SFWMD consultation w€th FWC Dredge and Fill Permit -- USACE, consultations with NOAA Fisheries, USFWS FKNMS Permit — NOAA FKNMS DEP -- Mangrove trimming, if required. AMEC w€li coordinate and attend pre -application permitting meetings. An initial pre -application meeting will be set up with the designated permitting representatives to identify permitting requirements and agency concerns. Following site Investigations, a follow-up pre -application meeting may be required to discuss any potential impacts to natural resource and any avoidance, minimization and mitigation requirements. The follow up pre -application meetings may Include site visits with the regulatory agency representatives. Once a clear path forward on required consultation and mitigation to acquire the permits is Identified, the Joint Environmental Resource Permit (ERP)/Federal Dredge and Fill 404 permit application and a NOAA National Marine Sanctuaries Permit application will be completed along with any supporting documents (Endangered Species Act Biological Assessment and/or Essential Fish Habitat Assessment) will be prepared. Estimated permit application fees are included In the costing for this scope of work. if impacts to wetlands or benthic resources are identified, AMEC will coordinate appropriate mitigation either onsite or through the purchase of mitigation credits. Costs to purchase mitigation credits are not included in the cost estimate as it is unknown at this time what will be required. Once permit applications are submitted, the agencies will have the opportunity to prepare a Request for Additional Information (RAI). AMEC will prepare responses to the RAls. 59 The scope of work for the permitting Includes only non -sovereign submerged lands located within the project footprints. Task 3 Deliverables: • Meeting minutes of the pre -application communications • Completed permit applications. Task 3 Budget: $10,629.10 Task 3 Completion Date: 135 days after Notice to Proceed Task 4: 600/ Construction Documents 30°/a) designs, AMEC will prepare a 60% construction Upon acceptance of the preliminary ( submittal. The Construction Documents will include each of the following components: • Su rve — AMEC's licensed surveyor's bathymetric survey. • Cgnstruction Plans — depicting site impacts, maintenance of traffic, and utility impacts and relocations, if necessary. • specifications — Technical specifications for the project, utilizing County Standards where applicable, other accepted industry specifications if needed (i.e. I=DOT, SFWMD, etc.) or developed specifically for this project application if necessary. • Schedul� — AMEC will prepare a detailed construction schedule, working closely with the County, the homeowners and other stakeholders to phase, sequence and complete construction while considering the constraints and limitations. • Estimate of Constriction Cost - The cost for the canal restoration will be refined throughout the design process and a detailed Engineer's Opinion of Probable Cost will be prepared and submitted with the 60% construction documents. As part of the 60% design effort, AMEC will investigate local quarry fill material specifications and availability of materials to assist in the development of the fill specifications. 60% design plans and specifications will be submitted to Monroe County for review and comment. Comments received will be addressed and resolved to the satisfaction of the County as soon as practicable so as to not delay future design. Open communication with the homeowners will be maintained throughout the design process. Task 4 Deliverables: 1. 60% design plans for the proposed restoration including: • existing site plan • proposed site plan • proposed grading plans • erosion and sediment control plans • construction details • construction schedule • Engineer's Opinion of Probable Cost. 60 Task 4 Budget: $ 5,828.00 Task 4 Completion Date: 120 days after Notice to Proceed Task 5: 100% Construction Documents Completion Submittal Upon acceptance by the County of the 60% construction documents and comments from permitting agency reviewers, the AMEC Team will develop the 100% construction documents for the project. Because the design package is advancing from 60% to a 100%, the AMEC Team will have ongoing communication with County staff and stakeholders to resolve any outstanding Issues or questions and address concerns during the final design development. The final design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, cut/fill analysis and construction details. AMEC will update the plans, specifications, costing, and models as required in response to regulatory comments. Comments received from Monroe County will be addressed and resolved prior to the final submittal of the 100% construction documents and design specifications. Task 5 Deliverables: • 100% Construction Documents for the proposed restoration including existing site plan, proposed site plan, proposed grading plans, erosion.. and sediment control plans, construction details, specifications, construction cost estimate. Task 5 Budget: $ 7,158.00 Task 5 Completion Date: 225 days after Notice to Proceed Task 6: Bid Support Upon completion of the Construction Documents, AMEC will assist Monroe County, who will be bidding out the construction of the restoration, with the bid phase. AMEC will provide the following services to assist Monroe County with the bidding of the construction of the restoration: • Review of the Bid Package prepared by Monroe County which will include the 100% Construction documents completed by AMEC • Respond to applicable Bidders' Requests for Information (RFI's) and assist in the preparation of Addenda, including making revisions to the Bidding Documents, as required. • Attend a Pre -Bid Conference and site walk-through and assist in preparation of meeting minutes. • Conduct a Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre -Award Conference, to discuss the Bidder's qualifications and understanding of the Project, if required. Task 6 Deliverables: • Comments on Bid Package • RFI responses • Pre -bid meeting notes • Comments on review of bids • Pre -award conference meeting minutes. 61 Task 6 Budget: $ 6,020.80 'cask 6 Completion data: Estimated Gil days duration which will need to be confirmed by Monroe County. Based upon 60 days duration estimated completion date of 300 days after Notice to Proceed Task 7: onstruction Support Services and Engineering ouring Construction The AMEC Team will conduct the following activities: • Pr9-Construction C of rence Site_ Walk-Thru: Prepare the agenda and prepare the meeting minutes. • Requests for Information: Review Contractor RFI`s and respond as required to clarify the Contract Documents, including providing revised drawings or specifications if needed. In general, response time for BFI's shall average seven (7) days. Complex issues, or those requiring review by more than one design discipline may require additional time. Where possible, the design team will expedite its review. s: Review contractor submittals (schedules, samples, product data, shop ubmittal drawings, installation drawings, etc.) and provide review comments for same. In general, response time for submittals shall average fourteen (14) days. Complex submittals or submittals requiring review by more than one design discipline may require additional time. Where possible, design team will expedite its review. • Change Orders: Assist in the evaluation and preparation of contractor change orders. Protect Close -Out: Attend one (1) Project Close -Out Meeting Review and amend the Contractor's punch lists for substantial and final completion. When all items are complete in accordance with the Contract Documents, issue a report indicating final acceptance of same. Design Team will also verify that the Contractor has submitted all required close-out documentation prior to authorizing approval of final payment to Contractor. • Consult with Owner: Provide consultation and advice to County regarding the Contractor's performance of the Contract. Liaise with the County, homeowners, and other stakeholders as necessary to administer the construction contract. Site Inspectlon. AMEC will oversight the contractor and prepare daily wank reports showing contractors activities, equipment, maintenance of traffic and environmental compliance. An AMEC Inspector should be on site when the contractor Is working. The costs for daily site inspections (up to 8 hours per day) and construction administration are based upon the number of construction days. For this proposal the number of field construction days is based upon the conceptual design cost estimates previously completed for Monroe County which for the backfliling it is estimated that 61 days. After completion of the 100% construction documents and final construction schedule, the number of construction days may change. Task 7 Deliverables: • Daily work reports • Meeting minutes • Progress pay estimates with back up documentation • Final Pay Estimate with back up documentation • Final "As -Built Plans" • Material certifications • Environmental Inspection Reports • Pre -construction, Progress and Final Photographs (Electronic Files) C-A Task 7 Budget: $ 60,819.83 Task 7 Completion Date: Duration of fit constructions days; 86 calendar days based upon 5 day workweeks after Initiation of construction TOTAL PROJECT BUDGET CANAL #29 A detailed cost spreadsheet is attached. The costs are based upon completing the #29 backfilling restoration independently of the other six (6) restorations in case of a hold in schedule due to a lack of homeowner approval, permitting, or other issue. This restoration will be able to proceed on its own schedule. PROJECT TOTAL: $127,209.88 63 amecI9 Canal 1D: 29 Key Largo Location: MM 106 Sexton Cove Estates subdivision, Bayside Summary of Water Quality Impacts: Primary — Deep stagnant zone with an average depth of-19.44. Restoration Technology: Backfiiling (For the purpose of eliminating deep oxygen depleted impaired water quality zone). Site Conditions: The canal has an orientation pointing due west and discharges into Sexton Cove. private ownership of the lands below the highanrater mark is not reflected in the plat book. Existing Treatment: Aerator Homeowner Communication: David Gibert, president of the Sexton Cove Property Owners Association, 305-451-2020. emailed Monroe County stating interest in a demote project for backfilfing in the Sexton Cove canals. D.O. (mgfl.I % Satvrstim) Turbk* (NTU) W.Q. Summary & CMMP Ranking Demo Rankng 3.05 ! 4 1% at 3 R ;'�, ,E �,. ��; 64. Characteristics- ,... .... � :.. ,1 "Malin De* (9) -32.333 Degree of 5tai;rlwon Number of Mouths Organic Thdren (ft) Aviwo ply 26 WBID 60dtSi1 *Wmd WWT KLWM FiWMS Moaltortnp Note Smw AWMINK-ore DWWN*d QcMtPn (EI a), Neptteb-ft'rurt * Urt (KM.',dq_ per ht r (m9A.). V wr Body Id ndimbm (MO). wads waw e.strnuu M Wr), Fork (M -Irtom don pad n ew 2013 Momm Cnunly Corral Man WOrIt Mama PwrL "Date a7Nadad dump Ow 2013 Mon* County Canah Brlhymatrti Sunrnc Monroe County Selection September 2013 of Demonstration Canals Cana# Q 29 Key Largo Prol2ct Location, The project area is located west of USi in Monroe County, Key Largo, Florida; Section 1, Township 61 S , Range 39 E, (Latitude: 25°09'50.32" North; Longitude: - 80°23'01.28" West). The information sheet and site location map (Figure 2) provide additional details. Conceptual Oesi n: The purpose of the project is to backfill canal 29 to an average depth of 8 feet mean low water elevation to increase dissolved oxygen and reduce deep stagnation zones. At this stage in the project, the following design components have not been completed: • Detailed bathymetric cross section data • Method to prevent suspension of bottom sediments Therefore, for budgetary purposes, AMEC used the surface area of the canal and average depth of the bathymetric center line profile of the canal to estimate the 21,000 tons to backfill the canal to the target elevation. It is assumed at this time that the source of the backfill will be a commercial quarry, The following is the backfill material specifications for the various layers: Top 1' of Material: Screening sand or A3 Sand Fill from Quarry. gubbase Material: Shall be clean, well -graded material free from debris, peat, roots, seeds of nuisance or exotic species, organic material, clods, and stones with a diameter greater than 3 inches (76 mm) in any direction. Backfill shall have an average organic content of not more than 5%. Backfill shall meet the following Unified Soil Classification System (ASTM 02487) designations: SW, SP, SP-SM, and SP-SC (These are coarse -grained soils with greater than 50% by dry weight retained on a No. 200 sieve; SP and SW have less than 5% finer than a No. 200 sieve; SP-SM and SP•SC have 5-12% finer than a No. 200 sieve). Base M teri I thi knes o et rmin d M sach canal lacati n : Backfill shall be clean, well -graded material, that is thoroughly mixed and free from debris, clods, seeds of nuisance or exotic species, and stones with a maximum 6-inch diameter in any direction. Backfill shall have an organic content of less than 5% by weight and shall meet the following Unified Soil Classification System (ASTM D2487) designations: SP, SP-SM, and SP-SC. The project will entail using earthmoving and mechanical equipment to place the material on a barge from the canal shoreline while minimizing environmental impacts to existing mangrove fringe. An excavator will also be used to place the fill material into the canal system. Due to the area outside the limits of the canal system designated as a Florida Outstanding Water the contractor will install primary and secondary turbidity curtains to ensure 0 NTU's above background. The estimated quantity to backfill the canal to the target elevation will be verified once detailed bathymetric cross section data is gathered. Construction Co t Estimat : The approximate cost to install fill in the canal as aforementioned will be approximately $1,800 per linear foot of canal (722 linear feet) or $1.3 million total for Canal 29. Permits• • South Florida Water Management district Environmental Resource Permit • Army Corps of Engineers Permit • Florida Keys National Marine Sanctuary Permit Ads: Based on field visits, there is an empty lot at the end of the canal adjacent to Pigeon Drive that could be used as a construction staging area. Conceptual Drawing: See attached --------------- - - ! ! k COST ESTIMATE SPREADSHEET 64 it qil V to f � � �� G h }i� �y TTp�p p pp pp pap �M���Mi1SN»»M»sMMM wwll GG C p p p p a p p �MMM��N�1N N� �� M n�y etV� f■ IOVp w iJ■ = y 5 �bdi � �EcS N ❑ ��ptC'+Vlppp pppp p MnNn/�iNMMNM»M� ♦p [� �y pry M c� r N N M FM�MMwN�M�1fN111 Y•!� O ��y � N C N N ^i 0... P1 f M u .-292r ss�assssaa»sssss ass N wr O b O tl 4 e tl tl tl tl tl b � �� �pp nn p G G pp pp Op pp pp ay dSpriMM�MMM��NNMO M po m pp 4p6 p p NOrvSIMNM^M»� NN~ N ym�M a� V RY IY! h � w kk u H w sm c $ g b tl tl G n ry n r ry ry otl O tl a 0 0 tl 'U G rtf Q 6 » N N Nm« � u it � g LU 03w3Arri �F#ggr iN�7u 4 Q u�la 0 0 F ��i:e��uiNnrvamoaary F xx m W Mw� Mp F d L1 aRxii u w v n• N r O D 'W Y xxAaa�p�sppxs0x0xxposammmm�pspppssYYa �yF-j»O�M�N MN�MMMM� ci Q: W W ui S4i VIN Nv1 IL 1� V S y� G se Y �IH-Ill _ 0 F u .-�nvti�anS�a.-a F °u aaaaaaaaasas 3 N aaaaaasaaaa: N ssaaaaa��as, w a 3 p � gxTMssss=sss MY Y p Ei tt OVERALL PROJECT MANAGEMENT 65 PROJECT MANAGEMENT DURING IMPLEMENTATION OF THE DESIGN/PERMITTING AND INSTALLATION OF "THE SiX CANAL RESTORATION DEMONSTRATION PROJECTS DETAILED SCOPE OF WORK AMEC will provide general project management services for 12 months for overall management of the canal restoration program. A cost has been included based upon providing a project manager (Wendy Blondln) for 20% of the time during the 12 month time frame (estimated 416 hours at $155 per hour). This task will include client communications, attendance at meetings, preparation of project updates, monthly reporting, and monthly invoicing. Overall Project Management Deliverables: • Monthly project status reports and within the month. • Meeting minutes Project Management Budget: $ 64,480.00 monthly invoices detailing work activities performed Completion Date: 12 months from Notice to Proceed .: Exhibit B Schedule of Fees 181Page AMEC ENVIRONMENT 81NFRASTRUCTURE, INC 2014 SCHEvuLE OF FEES (STANDARD A) Personnel A. Professional (Engineer, Geologist, Scientist and Project Management) Staff I $71.00/hour Staff 11 $77.00/hour Project $86.00/hour Senior $109.001hour Principal IPro'ect Manager $155.00/hour Senior Principal/Senior Project Manager $159.00/hour Chief Engineer/Scientist $194.00/hour B. Technical Services (Engineering and Science) Technician I $45.00/hour Technician It $55.00/hour Senior Technician I $60.00/hour Senior Technician 11 $70.001hour Project AdministratorlProject Coordinator/Subcontract AdministratorlProject Accountant $75.00/hour Technical Writer/Occurnent Processor $78.00/hour CARD/Draftsperson includes PC/CAD I $66.001hour CADD/Drafts erson includes PC/CAD 11 $101.00/hour Admin 1 $40.00/hour Admin 11 $52.00/hour C. Surveying Services Field Surveyor i $43.00/hour Field Surveyor 11 $47.00/hour Survey Technician I $67.00/hour Survey Technician II $72.00/hour Survey Pa Chief $75.00/hour D. Information Management Software Engineer $92.001hour Data Technician $132.001hour Senior Software Engineer $162.00/hour Business Anal st $132.00/hour AMEC ENV RONMENT & INFRASTRUCTURE, INC 2014 SCHEDULE OF FEES (STANDARD A) PAGE 2 E. Contract Labor From time to time, AMEC retains outside Professional and Technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at a 10% markup.. 11. Expenses A. Travel Expenses 1. Transportation., Company pickup truck/personal vehicle, per mile - $0.445 a. Company pickup truck per day - $75,00 b. Common carrier or car rental multiplies by (as covered in 7.3.1 of the Contract to be the amounts authorizes by Section 112.062, Florida Statutes) 2. Per Diem Expenses: direct expenses in accordance with Florida State Statutes B. Disposal of Hazardous Waste Samples Samples of waste will be disposed by permitted methods after a determination is made that the waste is defined by RCRA to be hazardous. Due to the requirements for some hazardous assessments, disposal and invoicing of Incurred expenses may take place after invoicing of the originally contracted work. C. Equipment / Other Expenses (hoes not include personnel) Digital Field Documentation Equipment $75.001day (min 2 days) (cameras, water lever & measuring tapes, GPS units, etc.) -- Geophysical E ui ment (GPR Equipment) $1,000/da min 2 days) Underwater Camera Equipment/Video up to $1,900.00/day 50 feet depth and low turbidity Environmental Monitoring & Sampling Equipment $100.00 to $450.00/day (Dust, OVA, Air Monitoring, Noise Meter, Light Meter) Depending on the equipment and scale required Special equipment or supplies, permits, Actual cost x 1.15 shipping, charges, special printing or other items not customarily provided by AMEC D. Communications In-house costs for long-distance phone, telex, telecopier, postage — project labor charges x 5% 1I1. Subcontract Subcontract services will be invoiced at a cost multiplied by 1,15. Exhibit 4 to Work Order Price and Fee Schedule Exhibit 4 Price and Fee Schedule I . Construction Field Inspector billing rate is $78.18 2. Personal mileage can be billed at the contract rate of $0.445 per mile for a total of 54 miles round trip per day or total project miles of 3,240 3. Invoices must include time sheets, a mileage estimate using FDOT mileage estimator per Monroe County contract requirements, and a State Travel Voucher (to be provided at project initiation). 4. Total authorized not -to -exceed budget is $38,968.20