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12th Amendment 09/21/2016 k HEAVILIN CLERK OF CIRCUIT COURT & COMPTROLLER �. \\ MNROE COUNTY, FLORIDA DATE: October 28, 2016 TO: Rhonda Haag Sustainability Program Manager FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller U-- At the September 21, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item S5 Approval of Amendment No. 12 to the Contract for Engineering, Design and Permitting Services of the Demonstration Projects, with AMEC Foster Wheeler Environment and Infrastructure, Inc. to provide Design, Permitting, and Procurement Services in the amount of $60,403.40, related to Canal #92 Backfilling Project in Tavernier, Monroe County, Florida. Enclosed is a duplicate original of the above- mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance File ✓ 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 AMENDMENT NO. 12 TO THE CONTRACT FOR ENGINEERING, DESIGN AND PERMITTING SERVICES FOR THE CANAL DEMONSTRATION PROJECTS THIS AMENDMENT NO. 12, dated September 21, 2016, is entered into between the County and the CONSULTANT, to the Contract For Engineering, Design And Permitting Services, dated the 21s day of May, 2014, as amended September 17, 2014 (Al), February 18, 2015 (A2), May 20, 2015 (A3), July 15, 2015 (A4), October 21, 2015 (A5), January 20, 2016 (A6), March 23, 2016 (A7 and A8), April 20, 2016 (A9), May 18, 2016 (A10), and August 17 2016 (Al1), by and between Monroe County Board of County Commissioners, "COUNTY," and AMEC Foster Wheeler Environment & Infrastructure, Inc., "AMEC ". WITNESSETH: WHEARAS, the CONTRACT provides for engineering services for the canal demonstration projects; and WHEREAS, much work has been accomplished implementing five canal restoration demonstration projects; and WHEREAS, a new seventh demonstration project at Canal #92 Tavernier is the second project to be conducted after the initial set of the Canal Restoration Demonstration Projects; and. WHEREAS, the proposed restoration of Canal #92 Tavernier involves backfilling to raise the canal bottom to 6 feet below the Mean Sea Level ; and WHEREAS, AMEC shall complete the additional engineering design, access coordination and permitting services for the seventh demonstration project for a Backfilling demonstration project; and WHEREAS, the COUNTY was awarded $1,500,000 from the State Legislative Florida Keys Stewardship Act 2015/2016 appropriation. The COUNTY allocated the aforementioned appropriation to the Canal Restoration demonstration program; and WHEREAS, the COUNTY has to spend the appropriation by June 30, 2017; and WHEREAS, AMEC will complete the tasks associated with Backfilling demonstration project, all of which fit under the original purpose of canal design services provided for under this CONTRACT; and 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 AMEC agree as follows: Page 1 of Amendment No. 12 1. AMEC will provide the scope of services as specified in Exhibit "A -12" attached and made a part of this AMENDMENT No. 12. The minimum services will include design, permitting, and procurement services for the Canal #92 backfilling PROJECT. 2. This AMENDMENT No. 12 provides $60,403.40 in new funding for the completion of the design, permitting, and procurement assistance for the Canal #92 backfilling PROJECT in Tavernier. The overall CONTRACT value will change for this project planning task from the current One Million Ten Thousand Five Hundred Sixty Two Dollars and Four Cents (1,010,562.04) to an amount not to exceed One Million Seventy Thousand Nine Hundred Sixty Five Dollars and Forty Four Cents (1,070,965.44). REMAINDER OF THIS PAGE PURPOSELY LEFT BLANK Page 2 of Amendment No. 12 IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 12 to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS • - -`'�' '4 t. RK OF MONROE COUNTY, FLORIDA el-% e . t , _____:, 1 1 -1 , if = y hi-fi , A - 144day-- e. I _ -:- `\ z / Mayor /Chairman . AMEC FOSTER WHEELER EVIRONMENT & IN TURE, INC. O : OF COU ATTORN �^ M a :, r • O ORM By: i �J � r/!� f (p� ! Print name: gCQ do- ri-gY-ecicti Date i lSC C i4 ..__�. Title: CA P r l% i n 429/— Date: /3 /Ao' - n o rrn r- C STATE OF FLORID -, •• r\.) - 71 :.-_-.3c-; co --) COUNTY OF r�� — � a c�� _ On this E day off /7 „ ►1W, 20L, before me, the un s - - . _ - • :. - % public, Personally appeared ,t Ar -----1_ fY . own to me t s le the Person whose name is subscribed above or who produced As identification, and acknowledged that he /she is the person who executed the above Amendment No. 12 to Engineering and Design agreement with Monroe County for the purposes therein contai d. � Al By: i up,• Not.' r`l 9hc .1 e,, MAGGIE PROENZA- KANAKIS ' 6 CAG 1 2Ma WU �' /4 ).--- Notary Public - State of Florida '_ • 4 7 " • My Comm. Expires Mar 20, 2019 Print Name , c C omm i ss i on FF 179176 - 4 , i�i s " Bonded through National Notary Assn. My commission expires: $ Za / Se Page 3 of Amendment No. 12 EXHIBIT A -12 SCOPE OF SERVICES A. CANAL #92 BACKFILL PROJECT TAVERNIER, MONROE COUNTY, FLORIDA 1. Scope of Work: AMEC Foster Wheeler shall assist the County with the design, permitting and construction procurement for Canal Restoration Backfill Project at Canal #92 in Tavernier. The Canal #92 (or replacement canal) project will consist of (1) collection and processing of environmental and engineering data; (2) completion of 30, 60 and 100 percent design plans; (3) preparation of permit packages for state, federal, and local permit applications; (4) assistance with procurement of a construction contractor; and resident notification and staging area access coordination. Task 1: Sediment Sampling, Bathometric and Topographic Surveys, Site Conditions Survey, and Staging/Euuipment Area Coordination Amec Foster Wheeler 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 Foster Wheeler will collect up to nine (9) sediment cores utilizing a piston tube core sampler located on a small barge. One composite sample will submitted for laboratory analysis for grain size analysis, organic content, moisture content, and Atterberg Limits to evaluate suspension and compaction. A bathymetric and topographic survey will be performed of the canal area and proposed staging area within the project boundary. 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. The surveying /depth measuring 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. 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. Jurisdictional wetland lines and associated water elevations will be determined as required for permitting. Topographic and 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 1983/2011 Adjustment (NAD83 /11) and the North American Vertical Datum of 1988 (NAVD88) based on nearby National Geodetic Survey (NOS) and/or Florida Department of Transportation (FOOT) horizontal and vertical geodetic control monuments. The proposed surveying and mapping services 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, Standards of Practice, pursuant to Chapter 472, Florida Statutes. Page 1 of Exhibit A -12 The proposed task consists of a site visit to verify the aerial photo and Canal Management Master Plan database information including site access, potential staging area conditions, and other site logistical and permitting items. A site sketch and site photographs will be obtained. A summary of site conditions will be prepared as the task deliverable. Amec Foster Wheeler staff will perform a mangrove wetlands delineation to document the presence/ of red mangroves 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) to assess the direct and indirect impacts as well as to determine the appropriate compensatory mitigation, if any. Benthic scientists permitted by the Florida Keys National Marine Sanctuary will conduct an in -water survey of the benthos to identify the presence of any sensitive aquatic resources (i.e. seagrasses, corals, or sponges) within the immediate area of the proposed project. Amec Foster Wheeler will provide the findings of the above referenced biological surveys in a project narrative (biological write -up) for submittal with the permit application. Amec Foster Wheeler will prepare and distribute via certified mail a notification letter to the property owners of properties that border on the canal discussing the proposed restoration. We will and attend one (1) neighbourhood public meeting to discuss the proposed project. Contact will be made with a select property owner(s) for initial determination of approval for staging area use /equipment placement. If verbal approval for staging/equipment area use is obtained, an access agreement/easement will be prepared for approval by Monroe County and signatures will be obtained from the property owner. The proposed scope does not include obtaining written approval from all homeowners on the canal for proceeding with the restoration project. Task 2: Design Plans - 30 %, 60% and 100% Documents Amec Foster Wheeler will prepare a conceptual design based upon 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 Foster Wheeler will prepare preliminary design plans and technical specifications for the project. The preliminary design plans will consist of 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 the task for final review and approval. County review time is not included in the project schedules. The 30% Design Documents will consist of: an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, and construction details. Upon acceptance of the preliminary (30 %) designs, Amec Foster Wheeler will prepare a 60% construction submittal. The Construction Documents will each consist 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, using 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 Foster Wheeler 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. Page 2 of Exhibit A -12 • Estimate of Construction Cost - The cost for the canal restoration will be refined throughout the design process and an 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. County review time is not included in the project schedules. Comments received will be addressed and addressed as soon as practicable so as to not delay future design. Open communication with the homeowners will be maintained throughout the design process. The 60% design plans for the proposed restoration will consist of: 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. Upon acceptance by the County of the 60% construction documents and resolution of comments from permitting agency reviewers, the Amec Foster Wheeler Team will develop the 100% construction documents for the project. Whilst the design package is advancing from 60% to a 100 %, the Amec Foster Wheeler Team will have ongoing communication with County staff and stakeholders to address outstanding issues or questions. The final design plans will consist of an existing site plan, proposed site plan, proposed grading plans, erosion and sediment control plans, cut/fill analysis and construction details. Amec Foster Wheeler will update the plans, specifications, costing, and models as required in response to regulatory comments. Comments received from Monroe County will be addressed prior to the final submittal of the 100% construction documents and design specifications. Task 3: Permitting Amec Foster Wheeler will coordinate and hold pre - application permitting meetings with the required permitting agencies using the 30 percent design plans. Amec Foster Wheeler will incorporate comments received during the pre - application meetings to complete and submit local, state, and federal permit applications as required, using the final design plans. Permit applications will be submitted to the following agencies: • SFWMD • USACE • FKNMS • Monroe County Amec Foster Wheeler will respond to Requests for Additional Information (RAI) for each permit application. Based on prior experience, the proposed project will require National Ocean Atmospheric Association (NOAA) National Marine Fisheries Service (NMFS) Protected Resource Division (PRD) review. Amec Foster Wheeler staff will work in coordination with USACE staff to address questions PRD may have during their review of the project. If impacts to wetlands or benthic resources are identified, Amec Foster Wheeler 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 how much (if any) will be required. Page 3 of Exhibit A -12 Task 4: Support in Procurement of a Construction Contractor Upon completion of the Construction Documents, Amec Foster Wheeler will assist Monroe County, with the procurement of the construction of the restoration contractors. Amec Foster Wheeler will provide the following services to assist Monroe County for the procurement of a contractor for the construction of the restoration: • Prepare a Request for Proposal Package for Monroe County review that will consist of the 100% Construction documents completed by Amec Foster Wheeler • Respond to applicable Proposers' Requests for Information (RFI's) and assist in the preparation of Addenda, including making revisions to the Request for Proposal Documents, as required. • Attend one Pre- Proposal Conference and site walk- through and prepare meeting minutes. Conduct one Responsibility Review of the Apparent Low Bidder in accordance with requirements. • Attend a Pre -Award Conference to discuss the Proposers' qualifications and understanding of the Project, if required. 3. Budget: $ 60,403.40 A cost spreadsheet providing the labor and expenses by task is attached. Additional staff may be utilized on these projects, as needed, per the Contract Schedule of Values also attached. 4. Estimated Completion Date: June 30, 2017. Page 4 of Exhibit A -12 . r i . 1. ( s Client Monroe County i AMEC Environment & Infrastructure, Inc. Date: 919/2016 E Scope: Design and PenTttin ` t t Task 4: Bid Support 1 I TOTAL { Task 1A: Topographic, 7areSubmit Permit Assist with preparation of bid € r Planametric,and Bathymetric Sun(FDEP, ACOE, and documents, pre-bd meetngs, review of oe County) bids t AMEC Labor Classifications Discipline Hourly Rate } HOURS 1 COST 1 COST HOURS 1 COST HOURS 1 COST 8 Prindpai/Projed Manager -Paul Thombury Mnmgt 5155.00 8 $1,240 8 $1,240 28 $4,340.00 Project - Jeremy Paris Ecology $88.00 16 51976 4 $344 68 $5,848.00 Sr Principal/Project Manager- Fraxedas Engineering 5159.00 4 $636 4 5636 32 $5,088.00 i Senior t- Stephen Harks Engineering $109.00 8 $872 16 51,744 68 87,412.00 Project - Greg Coning Engineering 5109.00 24 52,618 32 $9488 168 518,312.00 1 Senior Tech II - Marcelo Pichardo CEI 570.00 8 5560 50 40 $2,800.00 Registered Land Surveyor- Mike Jones Survey 5159.00 4 $0 $0 4 $636.00 Survey Party Chief - Tjaskiewicz or M Folks Survey 575.00 32 51 50 50 32 52,400.00 g Survey Technician I- G Lowe or G Cruz Survey 567.00 32 $1 $0 50 32 $2,144.00 Survey CAD° Draftperson II -P Wilson/Tony Waters Survey 5101.00 8 50 50 8 5808.00 t Project - Shannon McMorrow Ecology 586.00 4 $344 50 8 5688.00 Admin II- Maggie Kanakis Admin $52.00 6 5312 8 $416 50 52,600.00 - LABOR SUBTOTAL 76 1 55, 781 57,956 721 57,868 5381 553,076.00 F 1 Task 1A: Topographic, owe-Submit Permit Assist with preparation of bid Planametric,and Bathymelric Sure ACOE, and documents, pre-bd meetings, review of TOTAL Federal Travel Regulations: FAR 31.205.45 oe County bids 11. MKT RATES SUBMIT ACTUALS only COST PER i UNIT UNITS COST UNITS COST UNITS COST Vehicle Rentals 575.00 t 50.00 50.00 3 5225.00 Postage 96.50 1 50.00 50.00 24 5156.00 t Lodgrg 5167.00 554 50.00 50.00 5 5835.00 lodging Tax 516.70 51 50.00 50.00 5 583.50 Meals $47.00 531 50.00 $0.00 11 5517.00 Air Fare 5400.00 I 50.00 $0.00 0 50.00 f Barge and boat rental 82,100.00 1 $0.00 50.00 1 52,100.00 Gas ($0.53/mile) $0.53 41 52' 280 5148.40 280 5148.40 1530 5810.90 I Chactedzation Lab Testing 51,000.00 1 $0.00 0 50.00 1 51,000.00 Permit Fees 51,000.00 1 1 51,000.00 0 50.00 1 51,000.00 Sampling Supplies and Shaping 5300.00 1 0 50.00 0 $0.00 2 5600.00 t i IN-HOUSE RECOVERABLES SUBTOTAL $1,1n 51,148.40 5148.40 1,5831 57,327.40 P Y TOTAL BY TASK $ 7,13 $ 9,104.40 $ 8,016.40 $ 60,403.40 I 4.40 TASK 4 TOTAL: $ 8,016.40 1 $ 60,403.40 I i. i s i I i i . t i Amec Foster Wheeler Environment & Infrastructure, Inc. 2015 Schedule of Fees I. Personnel A. Professional (Engineer, Geologist, Scientist and Project Management) Staff I $71.00 /hour Staff II $77.00 /hour Project $86.00 /hour Senior $109.00 /hour Principal /Project 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! $45.00 /hour Technician II $55.00 /hour Senior Technician 1 $60.00 /hour Senior Technician II $70.00 /hour Project Administrator /Project $75.00 /hour Coordinator /Subcontract Administrator /Project Accountant Technical Writer /Document Production $ 78.00 /hour CADD /Draftsperson (includes PC/CAD)! $66.00 /hour CADD /Draftsperson (includes PC /CAD) II $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 1 $67.00 /hour Survey Technician II $72.00 /hour Survey Chief $75.00 /hour D. Information Management Software Engineer $92.00 /hour Data Technician $132.00 /hour Senior Software Engineer $162.00 /hour Business Analyst $132.00 /hour E. Contract Labor From time to time, Amec Foster Wheeler retains outside Professional and Technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at 10% markup. II. Expenses A. Travel Expenses 1. Transportation: Company pickup truck /personal vehicle, per mile — current allowable rate per County and Florida State Statutes a. Company pickup truck per day - $75.00 b. Common carrier or car rental multiplies by (to be the amounts authorized 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 (Does not include personnel) Digital Field Documentation Equipment (cameras, $75.00 /day (min 2 days water level & measuring tape, GPS units, etc.) Geophysical Equipment (GPR Equipment) $1,000.00 /day (min 2 days) Underwater Camera Equipment/Video up to 50 $1,900.00 /day feet depth and low turbidity Environmental Monitoring & Sampling $100.00 to $450.00 /day Equipment (dust, OVA, Air monitoring, Noise Depending upon the equipment and scale Meter, Light Meter) required Special equipment or supplies, permits, shipping Actual cost x 1.15 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% III. Subcontract Subcontract services will be invoiced at a cost multiplied by 1.15