02nd Amendment 02/18/2015AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MOMROE COUNTY, FLORIDA
DATE: February 26, 2015
TO: Roman Gastesi
County Administrator
ATTN: Connie Cyr
FROM: Lindsey Ballard, D.0 `k
At the February 18, 2015 Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item 010 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.
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
Filet
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. 2
TO THE CONTRACT FOR ENGINEERING, DESIGN AND PERMITTING
SERVICES FOR THE
CANAL DEMONSTRATION PROJECTS
THIS AMENDMENT NO. 2, dated February 18, 2015 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,
between Monroe County, "COUNTY," and AMEC Environment & Infrastructure, Inc.,
"CONSULTANT ";
WITNESSETH:
WHEREAS, the name, AMEC Environment & Infrastructure, Inc., has been formally
changed to Amec Foster Wheeler Environment & Infrastructure, Inc., and
WHEREAS the parties wish to conform the name on the contract between the parties to
reflect the new name of the CONSULTANT, Amec Foster Wheeler Environment &
Infrastructure, Inc., and
WHEREAS, the CONSULTANT, pursuant to Section 9.3 of the contract between
CONSULTANT and COUNTY for Engineering, Design and Permitting Services, dated
the 21' 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 #2 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 1 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 BLANK}
Page 2 of Amendment No. 2
IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 2 to be executed
ly authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
CLERK OF MONROE COUNTY, FLORIDA
PL4 / i
• 1.
Date: ft0 -1-tA Yq /0"'. &IS
MONROE COUNTY ATTORNEY
AP OVED AS TO FO
NATILEENE W CA.SSEL
SSISTANT COUNTY ATTORNEY
Date
AMEC FOSTER WHEELER
ENVIRONMENT &
INFRASTRUCTURE, INC.
By:
Print name: m i r-na (
Title: A P.
Date: 2/9 2 01
—
STATE OF FLORIDA
COUNTY OF W � Q M �a �
i
On this --�- day of q "I 2O . a, before me the undersigned notary public,
k 0.
Personally appeared 1n11 Q ( / n V 0 fA 0 JV -Q— , known
Person whose name is subscribed above or who produced
As identification, and acknowledged that he /she is the person who executed the
above Amendment #2 to Engineering and Design agreement with Monroe County
for the purposes therein contained.
By: P. ,., k
No ry blic r,� hh
A1 PHX h2L4 � nra M T
Print Name
My commission expires: 3 z d 2 d l
to me to be the
!vl ntNR I'Hol WA KANAKIS
Notary Public - State of Florida
V E My Comm. Expires Mar 20. 2019
�a= Commission M FF 179176
Bonded through National Notary Aaan.
Seal
Page 3 of Amendment No. 2