03/19/2003 Agreement
Cleft( of De
Circul coun
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnrandum
To:
Tim McGarry,
Growth Management Director
Attn:
Colleen Gardner
Isabel C. DeSantis, '. ~
Deputy Clerk )?
From:
Date:
Tuesday, May 13,2003
At the BOCC meeting of March 19, 2003, the Board approved the following:
Contract between Monroe County and Bermello, Ajamil, and Partners, Inc., to
complete engineering work and permitting for six boat ramp projects.
Enclosed please two fully executed duplicate originals of the subject document
for your handling. Should you have any questions concerning the above, please do not
hesitate to contact this office.
Cc: County Attorney
Finance
File ./
~~~-~-~~~-
CONTRACT FOR BOAT RAMP ENGINEERING AND PERMITTING
MONROE COUNTY~ FLORIDA
THIS CONTRACT is entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is the Marathon Government
Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the County,
and Bermello, Ajamil, and Partners, Inc., 2601 South Bayshore Drive, Miami,
Florida 33133 hereafter CONSULTANT.
Section 1. The CONSULTANT and the County, for the consideration named
agree as follows:
1. CONSUL T ANT agrees to provide civil and structural engineering services,
land surveying, geotechnical work, and environmental permits for six boat
ramp projects in accordance with the attached Scope of Work (Attachement
A) and Fee Schedule (Attachment B).
2. The following specific project conditions apply:
a. In order for the CONSUL T ANT to begin the design work, a
boundary/topographic survey and geotechnical testing will be
required.
b. All of the ramp designs listed above are for
replacement/reconstruction of the existing boat ramps in their current
MarProj-BennelloContract030219
03/24/03 5:55 PM
location. Any change of the ramps to a new location will require an
addendum to this agreement for design and permitting.
c. These tasks do not include construction administration (construction
meetings, RFI responses, review of change orders, site construction
inspections, final certifications, etc.), bidding assistance and
contractor selection and will be treated as a separate contract or as an
addendum to this agreement.
d. The fees requested by the sub-consultants are based on performing all
of the work for all of the facilities together and at one time. If the
County wishes to do any of these services separately, this will require
an addendum to the fees prepared by the sub-consultants.
e. The CONSULTANT's fees are based on performing the deliverables
together and at one time. If the County wishes to proceed with the
design of these facilities separately, this will require an addendum to
this agreement.
f. Site visits to the facilities shall be limited to (2) and shall be
performed together to reduce travel expenses. Additional site visits
shall be billed as an additional expense.
Contract
03/24/03 5:55 PM
2
g. Meetings with Monroe County personnel at their offices shall be
limited to (3) meetings. Additional meetings shall be billed as an
additional expense.
Section 2. Upon completion of any task or sub task, the CONSULTANT will
provide these task deliverable documents or plans to the County and may
invoice the County. Invoices will only be accepted for completed tasks or
subtasks as identified in Attachments A and B. Invoices for partially
completed tasks, on a percent of completion basis, will not be accepted.
Section 3. Invoices provided to the County by the CONSULTANT will be
reviewed by County within one week (7 work days) of receipt for completeness
and to determine sufficiency of the work accomplished. If all task documents
provided by the CONSULTANT in support of a given invoice are deemed
sufficient by the County, the invoice will be processed for payment. Invoices
deemed sufficient should be processed and paid within thirty days (30).
1. Task deliverable materials deemed insufficient by the County will be
returned for additional information and or clarification within the Scope of
Work. Invoices made in reliance on task deliverables deemed insufficient
will be processed accordingly as any necessary clarifications are made.
Section 4. Either party may terminate this Contract because of the failure of the
other party to perform its obligations under the Contract. If the County
Contract
03/24/03 5:55 PM
3
terminates this Contract because of the CONSULTANT's failure to perform,
then the County must pay the CONSULTANT the amount due for all work
satisfactorily completed as determined by the County up to the date of the
CONSULTANT's failure to perform but minus any damages the County
suffered as a result of the CONSULTANT's failure to perform. The damage
amount must be reduced by the amount saved by the County as a result of the
Contract termination. If the amount owed the CONSULTANT by the County
is not enough to compensate the County, then the CONSULTANT is liable for
any additional amount necessary to adequately compensate the County up to
the amount of the Contract price.
Section 5. The CONSULTANT acknowledges and agrees that public use of any
or all reports or other printed materials, videos, audio recordings, films and
photographs produced as part of this Project may not be restricted under the
copyright laws of the United States of America.
Section 6. Records of the CONSULTANT's direct personnel payroll and other
costs and expenses pertaining to the Project and records of the accounts
between the County and the CONSULTANT must be kept on a generally
recognized accounting basis and must be available to the County. The records
also must be in form sufficient to permit a grant specific audit to be performed
Contract
03/24/03 5:55 PM
4
in accordance with the rules of the Auditor General. The CONSULTANT must
keep the records for five years following the completion of the Project.
Section 7. The CONSULTANT acknowledges that all records, data, and
documents created as part of the Project are public records under Chapter 119,
Florida Statutes. As a result, they must be made available at a reasonable place
and time upon the request of a member of the public. Failure to do so is a
breach of this Contract entitling the County to treat the Contract as terminated
on the date of the violation of Chapter 119, Florida Statutes, with the County's
obligation to pay extending only to work completed as of that date plus
amounts previously retained, if any.
Section 8. In the course of carrying out the scope of work set out in Attachment
A, the CONSULTANT may not discriminate against any employee because of
race, age, creed, color, sex or national origin. The CONSULTANT will take
affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, age, creed, color,
sex, or national origin. Such action may include, but need not be limited to, the
following: employment upgrading, demotion, or transfer; recruitment or
recruitment advertising; lay-off or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeships. The
CONSUL T ANT must insert language similar to this Section in any of the
Contract
03/24/03 5:55 PM
5
CONSULTANT's subcontracts, if any, funded through this Contract except for
subcontracts for standard commercial supplies and raw materials.
Section 9. In carrying out the Scope of Work set out in Attachment A, the
CONSUL T ANT must comply with the requirements of the Americans With
Disabilities Act and federal regulations issued under that Act.
Section 10. The CONSULTANT warrants that it has not employed, retained, or
otherwise had act on its behalf any former County officer or employee subject
to the prohibition of Section 2 of Ordinance No. 010-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 020-1990. For
breach or violation of this provision, the County, in its discretion, may
terminate this Contract without liability and may also, in its discretion, deduct
from the Contract or purchase price, or otherwise recover the full amount of
any fee, commission, percentage gift, or consideration paid to the former
County officer or employee.
Section 11. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract 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 perform work as a contractor, supplier,
subcontractor, or CONSULTANT under contract with any public entity, and
Contract
03/24/03 5:55 PM
6
may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for the Category
two for a period of 36 months from the date of being placed on the convicted
vendor list.
Section 12. The CONSULTANT agrees to maintain adequate msurance or
equivalent as provided in Exhibit C.
Section 13. All communication between the parties should be through the
following individuals or their designees:
Monroe County
George Garrett, Director
Department of Marine Resources
2798 Overseas Highway,
Suite 420
Marathon, FL 33050
Consultant
Mark Spanioli
Bermello, Ajamil, & Partners, Inc
2601 South Bayshore Drive
Miami, Florida 33133
Section 14. The effective date of this Contract is upon signature of all parties.
Section 15. The termination date of this Contract shall be one year from its
effective date.
Con tract
03/24/03 5:55 PM
7
Section 1. IN WITNESS WHEREOF each party hereto has caused this
Agreement to be executed by its duly authorized representative.
(SEAL) (,
Attest: ~ L. ~OLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B~aLi{! .&5If-~
Deputy Clerk
By L)ia >n ~
Mayor/Chairman
BERMELLO, AJAMIL, & PARTNERS, Ine
)l1 A.ek SPIrtJIOf..,..; I (? e.
~~e ~fE-~t;'3
(SEAL)
Attest:
#'~" Natasha M Vidal
~"~MY CommiSSIon CC840594
"'.,.. .:,..1 EXpires June 8, 2003
~it~~
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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A TTO S FICE
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Contract
03/24/03 5:55 PM
8
EXHIBIT A
Scope of Services
Appendix A
03/24/03 5:55 PM
I. Description of Projects
A. Cardsound Road (Monroe County) Facilitv
Task #lA-Structural Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
and calculations required for the reconstruction of the boat ramp, return walls and
seawalls for this facility. The design will include planning, design and structural
permitting and will meet current industry standards. Under this task, new tie-off
areas will be incorporated as part of the ramp endwall design. This task does not
include the design and permitting of any type of boat dock, but does include the
planning layout of a potential future boat dock/kayak launching station.
Task #lB-Upland Engineering Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
required for the reconstruction of the parking areas for this facility. The design
will include all of the planning, design, calculations and permitting necessary for
the reconstruction of the parking area including paving, grading, drainage, signage
and striping. Our design will include the location of all new signage, but site
specific and/or specialized non MUTCD (Manual of Uniform Traffic Control
Devices) sign design will need to be designed and furnished by Monroe County.
B. Sunset Point Park (Monroe County) Facilitv
Task #2A-Structural Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
and calculations required for the reconstruction of the boat ramp and the design of
a new kayak station for this facility. The design will include planning, design and
structural permitting and will meet current industry standards. Under this task,
new tie-off areas will be incorporated as part of the ramp endwall design. This
task does not include the design and permitting of any type of boat dock or
reconstructed seawall.
Task #2B-Upland Engineering Design and Permitting:
No upland engineering design and permitting is included.
Appendix E
03/24/03 5:55 PM
C. MM 54 (FDOT) Facility
Task #3A-Structural Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
and calculations required for the reconstruction of the boat ramp and return walls
for this facility. The design will include planning, design and structural permitting
and will meet current industry standards. Under this task, new tie-off areas will be
incorporated as part of the ramp endwall design. This task does not include the
design and permitting of any type of boat dock or reconstructed seawall.
Task #3B-Upland Engineering Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
required for the resurfacing of the parking areas for this facility. The design will
include all of the planning, design, calculations and permitting necessary for the
resurfacing of the parking area including paving, signage and striping. Our design
will include the location of all new signage, but site specific and/or specialized
non MUTCD (Manual of Uniform Traffic Control Devices) sign design will need
to be designed and furnished by Monroe County.
D. 33rd Street (City of Marathon) Facilitv
Task #4A-Structural Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
and calculations required for the reconstruction of the boat ramp, return walls and
seawalls for this facility. The design will include planning, design and structural
permitting and will meet current industry standards. In addition, repair or
replacement design of the existing concrete dock will be provided under this task.
This task does not include the design and permitting of any type of new additional
boat dock.
Task #4B-Upland Engineering Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
required for the resurfacing of the parking areas for this facility. The design will
include all of the planning, design, calculations and permitting necessary for the
resurfacing and repair of the parking area including paving, signage and striping.
Our design will include the location of all new signage, but site specific and/or
specialized non MUTCD (Manual of Uniform Traffic Control Devices) sign
design will need to be designed and furnished by Monroe County.
Appendix E
03/24/03 5:55 PM
E. Little Duck Kev (FDOT) Facilitv
Task #5A-Structural Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
and calculations required for the reconstruction of the boat ramp for this facility.
The design will include planning, design and permitting and will meet current
industry standards. Under this task, new tie-off areas will be incorporated as part
of the ramp endwall and pier design. This task does not include the design and
structural permitting of any type of new additional boat dock or reconstructed
seawall.
Task #5B-Upland Engineering Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
required for the resurfacing of the parking areas for this facility. The design will
include all of the planning, design, calculations and permitting necessary for the
resurfacing of the parking area including paving, signage and striping. Our design
will include the location of all new signage, but site specific and/or specialized
non MUTCD (Manual of Uniform Traffic Control Devices) sign design will need
to be designed and furnished by Monroe County.
F. Spanish Harbor (FDOn Facilitv
Task #6A-Structural Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
and calculations required for the reconstruction of the boat ramp and return walls
for this facility. The design will include planning, design and structural permitting
and will meet current industry standards. Under this task, new tie-off areas will be
incorporated as part of the ramp endwall design. This task does not include the
design and permitting of any type of boat dock or reconstructed seawall.
Task #6B-Upland Engineering Design and Permitting:
Under this task, Bermello-Ajamil & Partners, Inc. will prepare the design plans
required for the resurfacing of the parking areas for this facility. The design will
include all of the planning, design, calculations and permitting necessary for the
resurfacing of the parking area including paving, signage and striping. Our design
will include the location of all new signage, but site specific and/or specialized
non MUTCD (Manual of Uniform Traffic Control Devices) sign design will need
to be designed and furnished by Monroe County.
Appendix E
03/24/03 5:55 PM
Please note that all of the above tasks will be performed in accordance with all
applicable local, county, state, and federal government standards and
requirements, including the criteria of the Florida Fish and Wildlife Conservation
Commission
G. Environmental Permittine: for all Facilities
Task #7-Environmental Inspection and Permitting for all Facilities
Under this task, Bermello-Ajamil & Partners, Inc. will provide all the
environmental services necessary to obtain the applicable environmental permits
for the reconstruction of the boat ramps and seawalls for the facilities. This will
include initial inspections and meetings with agency personnel for the purpose of
obtaining the applicable permits. The environmental permitting is limited to
reconstruction / replacement of the existing facilities and does not include
permitting of any new additional structures that extend in to the waterways.
H. Sub-Consultants
Surveying for all Facilities:
Under this task, Bermello-Ajamil & Partners, Inc. will sub-contract the services of
Ford, Armenteros & Manucy (FAM). FAM will prepare site-specific surveys for
each site including specific surveying information required by the design team.
The surveys do not include ownership/title search information and if so required
will be billed as an additional expense.
Geotechnical Engineering for all Facilities:
Under this task, Bermello-Ajamil & Partners, Inc. will sub-contract the services of
HR Engineering Services, Inc. (HR) in accordance with our original RFP response
to the County. HR will prepare geotechnical-testing services for each site
including specific geotechnical information required by the design team.
II. Deliverables
Bermello-Ajamil & Partners, Inc. will prepare the project in the following phases:
Data Collection and Schematic Development:
Appendix E
03/24/03 5:55 PM
'.
In accordance with our "Description of Projects", this phase includes background
research, data collection and schematic design. We will provide the County with
preliminary design drawings at the end of this phase for review and approval prior
to the start of the subsequent phases.
Design Development and Construction Documents:
In accordance with our "Description of Projects", this phase includes continuing
with the County approved schematic plans and preparing a 50% design submittal
for review and approval followed by a final set of 100% construction documents
to be submitted to the County ready for bidding and construction.
III. Conditions
1. In order for us to begin the design work, a boundary/topographic survey and
geotechnical testing will be required.
2. All of the ramp designs listed above are for replacement/reconstruction of the
existing boat ramps in their current location. Any change of the ramps to a new
location will require an addendum to this agreement for design and permitting.
3. These tasks do not include construction administration (construction meetings,
RFI responses, review of change orders, site construction inspections, final
certifications, etc.), bidding assistance and contractor selection and will be
treated as a separate contract or as an addendum to this agreement.
4. The fees requested by the sub-consultants are based on performing all of the
work for all of the facilities together and at one time. If the County wishes to
do any of these services separately, this will require an addendum to the fees
prepared by the sub-consultants.
5. B&A's fees are based on performing the deliverables together and at one time.
If the County wishes to proceed with the design of these facilities separately,
this will require an addendum to this agreement.
6. Site visits to the facilities shall be limited to (2) and shall be performed
together to reduce travel expenses. Additional site visits shall be billed as an
additional expense.
7. Meetings with Monroe County personnel at their offices shall be limited to (3)
meetings. Additional meetings shall be billed as an additional expense.
Appendix E
03/24/03 5:55 PM
EXHIBIT B
Fee Schedule
Appendix E
03/24/03 5:55 PM
Fee Schedule
A. Cardsound Road (Monroe County) Facilitv
Task #IA: $ 11,000.00
Task #IB: $ 5,500.00
B. Sunset Point Park (Monroe County) Facilitv
Task #2A: $ 10,000.00
Task #2B: $ 0.00
C. MM 54 (FDOT) Facilitv
Task #3A: $ 7,000.00
Task #3B: $ 2,500.00
D. 33rd Street (Citv of Marathon) Facility
Task #4A: $ 12,000.00
Task #4B: $ 3,500.00
E. Little Duck Kev (FDOT) Facility
Task #5A: $ 7,000.00
Task #5B: $ 2,500.00
F. Spanish Harbor (FDOT) Facilitv
Task #6A: $ 7,000.00
Task #6B: $ 2,500.00
G. Environmental Inspection and Permittin!! for all Facilities
Task: $ 9,500.00
H(a). Survevin!! for all Facilities
Fee: $ 20,000.00
H(b). Geotechnical for all Facilities
Fee: $ 15,000.00
Total of all Fees:
$115,000.00
Appendix E
03/24/035:55 PM
EXHIBIT C
Insurance Requirements
Appendix E
03/24/03 5:55 PM
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
Administration Instruction
#4709.3
87
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
Administration Instruction
#4709.3
80
1996 Edition
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GL2
Administration Instruction
#4709.3
54
1996 Edition
ENGINEERS ERRORS AND OMISSIONS
LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of engineering
services, the Contractor shall purchase and maintain, throughout the life of the contract,
Engineers Errors and Omissions Liability Insurance which will respond to damages resulting
from any claim arising out of the performance of professional services or any error or omission
of the Contractor arising out of work governed by this contract. This insurance shall be
maintained in force for a period of two years after the date of Substantial Completion of the
Project.
The minimum limits of liability shall be:
$500,000 per Occurrence/$l ,000,000 Aggregate
E02
Administration Instruction
#4709.3
50