Item D08C oun t y of Monr
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: D.8
Agenda Item Summary #3670
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
N/A
AGENDA ITEM WORDING: Approval to enter into a $0 Amendment No. 1, under the on -call
contract with Amec Foster Wheeler, Inc. for Category A canal master planning engineering services,
to add the federal contract provisions required for reimbursement by FEMA for Hurricane Irma
related services.
ITEM BACKGROUND: On September 10, 2017 the Florida Keys was struck by Hurricane Irma,
causing extensive damage to many canals, including the demonstration canals and the County's air
curtains that were located in them. The County is partnering with the State on marine debris cleanup
activities, and is also researching replacing the County's air curtains and seeking reimbursement
from FEMA. As a result of AMEC's previous work in the canal cleanup projects, AMEC possesses
an extensive database of information on canal conditions in the Florida Keys that could assist the
County in the work related to Irma in a cost effective manner. In order for FEMA to reimburse the
COUNTY for AMEC's potential work on storm related activities, AMEC's contract must be
amended to add the required federal contract provisions. AMEC has agreed to incorporate these
provisions in order that the COUNTY may seek FEMA reimbursement for potential Hurricane Irma
related services from AMEC.
PREVIOUS RELEVANT BOCC ACTION:
08/17/16: Approval to advertise on call professional engineering services for the canal restoration
program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal
Infrastructure Engineering Services for Projects and Category C — Environmental Engineering
Services.
11/22/16: Approval to negotiate an on -call contract with Amec Foster Wheeler, Inc., the highest
ranked respondent, for canal masterplan program planning services.
12/14/16: Approval requested to enter into an on call contract with Amec Foster Wheeler, Inc. for
Category A canal masterplan program planning services.
12/14/16: Approval to enter into a $127,611.75 Task Order No. 1 to the on call contract With Amec
Foster Wheeler, Inc. for Category A canal masterplan program planning services to implement a
$110,582 grant from EPA for development of Phase IIIA of the canal master plan.
01/18/16: Approval to enter into a $14,556 Task Order No. 2 to the on call contract With Amec
Foster Wheeler, Inc. for Category A canal program planning services to provide public outreach
services to inform and engage the homeowners on canals #266, #287, #290 and #83 regarding the
MSBU's, the proposed program and the costs associated with the operations and maintenance of the
air curtains.
02/15/17: Approval to enter into a not to exceed $12,480 Task Order No. 3 to the on call contract
With Amec Foster Wheeler, Inc., for Category A canal program planning services, to provide
assistance in preparing the grant applications for RESTORE, the Gulf Consortium and FDEP
WQPP.
06/21/17: Approval to enter into a $49,775 Task Order #4 for general project management services
under the on -call contract with Amec Foster Wheeler, Inc. for Category A canal master planning
services. No new funds are required, as unused funds remaining from a previous AMEC contract are
being reallocated to fund this Task Order.
CONTRACT /AGREEMENT CHANGES:
FEMA clauses added for Irma related work
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Amend #1 Category A Signed by AMEC
FINANCIAL IMPACT:
Effective Date: December 13, 2017 Expiration Date: Expiration of the Contract
Dollar Value of Amendment 1:$0 Total Dollar Value of Contract: $204,422.75
Total Cost to County:$0 Current Year Portion: $0
Budgeted: N/A
Source of Funds: $0
CPI: No Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount: N/A
Grant: No County Match: N/A
Insurance Required: No Additional Details:
06/21/17 304 -23000 • PHYSICAL ENVIRONMENT $49,775.00
REVIEWED BY:
Rhonda Haag
Pedro Mercado
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
11/28/2017 10:36 AM
Completed
11/28/2017 11:05 AM
Completed
11/28/2017 11:37 AM
Completed
11/28/2017 11:58 AM
Completed
11/28/2017 12:37 PM
Pending
12/13/2017 9:00 AM
AMENDMENT NO. 1
TO THE AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING
SERVICES FOR CATEGORY A
CANAL MANAGEMENT PROGRAM AND MASTER PLANNING SERVICES
THIS AMENDMENT NO. 1, dated December 13, 2017, is entered into between the County and
the CONSULTANT, to the Contract For On Call Professional Engineering Services For
Category A Canal Management Program and Master Planning Services , dated the 14 day of
December, 2016, by and between Monroe County Board of County Commissioners,
"COUNTY," and AMEC Foster Wheeler Environment & Infrastructure, Inc., "AMEC ".
WITNESSETH:
WHEREAS, on September 10, 2017 the Florida Keys was struck by Hurricane Irma; and
WHEREAS, Hurricane Irma struck the Keys as a category 4 storm causing extensive damage to
homes and properties; and
WHEREAS, a significant amount of debris was deposited in the canals adjacent to the damaged
homes and properties as a result of the hurricane force winds; and
WHEREAS, FEMA has agreed to fund a portion of the canal debris cleanup; and
WHEREAS, as a result of AMEC's previous work in the canal cleanup projects, AMEC
possesses an extensive database of information on canal conditions in the Florida Keys that will
assist in the Hurricane debris removal effort; and
WHEREAS, in order for FEMA to reimburse the COUNTY for AMEC's work on Hurricane
debris removal from the affected canals the AMEC contract must contain certain federal contract
provisions; and
WHEREAS, AMEC has agreed to incorporate these provisions in order that the COUNTY may
seek FEMA reimbursement for the Hurricane debris removal work;
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:
Section 1. Article 9.5 TERMINATION is amended to read as follows:
Page 1 of Amendment No. 1
9.5 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 CONSULTANT has received written notification of
termination, unless otherwise required by law.
9.5.2 In the event the CONSULTANT shall be found to be negligent in any aspect of service,
the COUNTY shall have the right to terminate this agreement after five days written notification
to the CONSULTANT.
9.5.4 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days written notice of its intention to do so.
9.5.5 Termination for Convenience; Termination for Cause and Remedies: The COUNTY may
terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to
CONSULTANT. In the event of breach of any contract terms, the COUNTY also retains the
right to terminate this Agreement. The COUNTY may terminate this agreement for cause with
CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the
time and in the manner herein. provided. In the event of such termination, prior to termination,
the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the
CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not
cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement
with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the
CONSULTANT under this agreement prior to termination, unless the cost of completion to the
COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the
right to assert and seek an offset for damages caused by the breach. The maximum amount due
to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In
addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement,
including the right to sue for breach of contract and including the right to pursue a claim for
violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the
Monroe County Code.
Section 2. Article X FEDERAL CONTRACT REQUIREMENTS is hereby added to the
contract as follows:
10.1 EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339),
Page 2 of Amendment No. 1
as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal
Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2
C.F.R. Part 200, Appendix II, ¶ C, agrees as follows :
1) The CONSULTANT will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, 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, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination
clause.
2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on
behalf of the CONSULTANT, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
3) The CONSULTANT will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the CONSULTANT's legal duty to furnish information.
4) The CONSULTANT will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers' representative
of the contractor's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
Page 3 of Amendment No. 1
6) The CONSULTANT will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
7) In the event of the CONSULTANT's non - compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the CONSULTANT may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
10.2 FEDERAL CONTRACT REQUIREMENTS
The CONSULTANT and its subcontractors must follow the provisions as set forth in 2 C.F.R.
§200.326 and 2 C.F.R. Part 200, as amended including but not limited to:
10.2.1 CONSULTANT agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § §7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § §1251 -1387) and will reports violations to FEMA and the
Regional Office of the Environmental Protection Agency (EPA).
10.2.2 Davis -Bacon Act, as amended (40 U.S.C. § §3141- 3148). When required by Federal
program legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all
prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply
with the Davis -Bacon Act (40 U.S.C. § §3141 -3144, and § §3146 -3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction "). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to
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Page 4 of Amendment No. 1
other FEMA grant and cooperative agreement programs, including the Public Assistance
Program), the contractors must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C.
§ 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States "). As required by the Act, each contractor or sub recipient is
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The COUNTY must report all suspected or reported violations to the Federal awarding
agency.
(1) CONSULTANT. The CONSULTANT shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The CONSULTANT or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions require,
and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debannent as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
10.2.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all contracts
awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or
laborers must comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
10.2.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or sub recipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or sub recipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Page 5 of Amendment No. 1
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
10.2.5 Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251- 1387), as amended— Contracts and sub grants of amounts in excess of $150,000
must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office
of the Environmental Protection Agency (EPA).
10.2.6 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see
2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
10.2.7 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - CONSULTANTS that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer.or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31
U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place
in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the non - Federal award.
10.2.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
CONSULTANT must comply with section 6002 of the Solid Waste disposal Act, as amended by
the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40
CPR part 247 that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
10.2.9 Americans with Disabilities Act of 1990 (ADA) — The CONSULTANT will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONSULTANT pursuant thereto.
Page 6 of Amendment No. 1
10.2. 10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds
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 Uj
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity
to compete for and perform contracts. The COUNTY and the CONSULTANT and
subcontractors shall not discriminate on the basis of race, color, national origin or sex in the
award and performance of contracts, entered pursuant to this Agreement.
10.2.11 The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
CONSULTANT during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E -Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the Contract term.
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Section 3 . All other provisions of the On Call Professional Engineering Services For Category
A Canal Management Program and Master Planning Services, dated the 14 day of December,
2016, not inconsistent herewith, shall remain in full force and effect.
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THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Page 7 of Amendment No. 1
IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 1 to be executed by its
duly authorized representative on the day and year first above written.
(SEAL)
Attest: KEVIN 1IADOK, CLERK
Deputy Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Fay:
Mayor.'Chainnan
AMEC FOSTER WHEELER EVIRONMENT
& INFRASTRUCTURE, INC.
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By:
Print Name: Ricardo Fraxedas
STATE OF FLORIDA
COUNTY OF Miami -Dade County
Title: Office Manager
Date: 11-13-2017
On this 13 day of November 2017, before me the undersigned notary public, Personally
appeared Ricardo Fraxedas to ine . \ to be 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 #I to On Call Professional Engineering Services
For Category A Canal Management Program and Master Planning Services , dated the 14"' day
of December, 2016, agreement with Monroe County for the purposes therein contained.
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Notat�y Rulrlic
Maggie Proenza- Kanakis
Print NaIne
My commission expires: March 20, 2019
Pa-e S of Amendment No. l