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Item O5... ....... Meeting Date: April 16, L014 Division: Co�wty Admini6trator Bulk Item: Y_q No Department Cou= Adminijl=or Staff Contact /Phoi RhgadLHaa&.L5L-8774 I= JU OULaUltilg RUMC04.1jer appi LOT implementation of the demonstration projects, is time extension of ninety (90) days, and an increase in the budget of $28,159.25. Total contract value including this Amendment $97,275.38. ...................... 4 W.1 -twt -rs-w -(U-L4f7W-ITIF Lop 1711MIN Mais Ring RIFIRMUN Nue Eo nomeowner is additional second -ranked canals requiring approvals, One of these second ranked canals has 435 parcels, requiring contact� letters and follow up with 435 individual homeowners, plus group meetings of the homeowners. ................................................. ......... .... U to 11T.W. Ilk ........ ...... ............ ...... ........ ............. . . . . . . . . . . ... ......................................... CONTRACUCONTRACT CHANGES: I - The contract shall be extended by 90 days through September 30, 2014. #.rjj:ft: *44 1.: 4 1414011. 1111,01,11,01 1, ul C I'l... If: -4 ------- - IN REVENUE PRODUCING: Yes No X AMOUNTPERMONTH Year e-c, APPROVEDBY: CountyAttylz OMM/Purchasing— Risk Management DISPOSITION: AGENDA ITEM # CAR# CONTRACT SUMMARY Contract with: AMEC Canal Demo Contract # Effective Date: April 16, 2014 Expiration Date: Sqtqmber 30 2014 Contract Purpose/Descniption: Additonal money and time for homeowner approval, authorizes AMEC Environment & biftastructure, Inc. to obtain homeowner approval for canal demonstration projects. This is Amend #3 in amount of $28,159.25 and extends completion time for 90 days to 9-30- 2014. Contract Manager Rhonda Haag 8774 CAD M.S.#26 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 4-16-14 Agenda Deadline: 4-1-14 Total Dollar Value of Contract: $ $97,275.38 Current Year Portion: $ $28, 159.25 Budgeted? YesZ No F Account Codes: d6 L030- �Iz I'-, - --, 5- Grant: $ County Match: $ ADDMONAL COSTS Estimated Ongoing Costs: $--__jyr For. (Not included in dollar value above) (eg. maintenance, utilities. janitorial, salaries,.; Date in Division Director Risk Management ��A \ O.M.BRurd'Pasing LL--7-:Lq County Attorney IJ/0)v Comments: CONTRACT REVIEW Changes Needed Reviewer YesE] No YesEl Ndf YesEl No© Eg" Yes[] No� Zdkk4lll� Date Out .cj, 1 4 J-2--)II AAEMAIENT NO. 3 TO THE CONTRACT FOR ENGINIERING SERVICES FORTHE SELECTION OF CANAL DKMONSTRATION PROJECTS TIRS AM]ENDMMqT NO. 3 dated . to that Contract dated the 151b day of May, 2013, as amended September 17, 2013 and November 20, 2013 by and between Monroe County� "COUNTY," and AAMC Environment & Inc., t'CONSULTANI"; VATNESSETH: -,-I trivirl 11--- ivrr agreed to proceed wth several demonstration projects to test various methods for canal restoration techniques to vm* the applicability, feasibility, effectiveness and costs in real time of the tecbniques an the canals; and WHERES, much progress has been made under this CONTRACr; and WHEREAS, additional am -vim are still needed to coordinate the participation of the hundreds of homeowners living on the canals of the seven County demonstration projects; and WHEREAS, additional time is required to complete the proem of homeowner participation approval and participation in the demonstration projects; NOW, TBEREFORE in consideration of mutual. imunism cm KbE t-1. # At$. - 4.4 11 7MIRM.1-0 0 I IM 1#101 W a i M.-Ili M81 Wrr, 107, F�1771RMZE- P, 7.; 0 1.1.17.1,10173 M ITT tega ve orneowner response. In order to IF this level of effbrt and project time line a reassignmcnt of $5,000 from Task 2: Canal Management Master Plan Data Base Management will be iat to Task: I Homeowner Coordination in the existing Amendment #2 budget, retroactive to February 20, 2014. This reassigarnent of fitnds shall not increase the overall budget of the CONTRACT. (SEAL) Adrst., CLERK ■ I�m 0 -IV all" Il!j -,am lei im VnTNESS 60141mrr— f1pr w0 MONROE COUNTY ATTORNEY g AP A 0 V E 101 �AS T 0 �FO "M �� R Ale. NATILEENE W. CAS'SEL SSISTAANT COUNTY ATTORNEY Page 2 of Amendment No. 3 - �=KLDI ve, 'k I ill 2. 711 777V i I ;17-11 "1 IF-� 11Z1!I!-"JfA'J6 11 - 0 - 7711M Letter of lnteMt AMEC will send out additional letters of interest to homeowners for the second ranked canals as required and other additional selected demonstration projects to obtain an initial documentation of their interest in parlicipating in the demonstration project. AMEC will provide details of the proposed restoration, homeowner contact Information, and information about oneration and maintenance. AM"C %Vl"-*�znwer a%.?4TiW qu M-1,1702 2-1 teleconference when needed to address issues. The cost estimate includes the actual mailing and certified postage (as required) for the mailing to homeowners. AMEC will attempt to contact previously identified contacts by phone at each demonstration canal as a follow up to the interest letters. AMEC will provide IMAM, on. re k7m; =-t-F7 1171 M. M. AMEC will identify the owners of the properties that will require approvals for the I It jr, I I �A I JIL I I L-7-41 N V I I I I I IRLIN HIM @=7. ZJJF Canal submerged lands Property owners of areas within the footprint of the proposed restorations Canal water front property owners Equipment staging area properties Properties where equipment will be constructed and remain In operation. Roadway Rights -of -Way required for culvert Installation. =-4 O"IMINU 7 ITS IT. z a a 0 Page 3 of Amendment #10 Fcl Ki 1:4-1 re DEuvERABLE: Monthly activity reports summarizing work completed that month, next month's action Items and projected schedule. PiPT11 111LAF-145111FIMMUS M- MMIT 1 F7=WTM:M Total Task 1:$28,159.25 MTIT in Estimated Labor Title Labor Category Contract Rate Hours Total Cost Subtotal Labor Ellbtotal Expenses: $807.25 [-TOTAL PROJECT COST- MAP i�iiiiiiiii iiiiii�iiji 11 1111111111�111111 Iiiiiii iiiiii III ill�ililill �iiiii �illill lillip:1 I! REM . . . . . . . . . . . . .M.Pilmmija. I -T M�� CONTRACT FOR ENGE*fEERING SERVICES FOR THE Ir A A 11"61&'K4 M-IM-M-IN ... � My KI'M [A 0 1 1 ...... . . . . . . to as the 'VOUNTY," through the Monroe County Board of County Commissioners (BOCC), the Owner. and MEC En*pnment MLbft5JmqLum..Inc.. whose address is SALN—W 15t St—reelt Miami, F_I_Qrida 33014, its successors and assigns, hereinafter referred to as "CONSULTANT", k"'1111UP67fam: WHEREAS, the COUNTY benefits economically and environmentally by having no impaired water quality in its canals and near shore waters; and WTMREAS, the COUNTY has completed Phase I of the Canal Management Mastewr pl aI d is currently underway with Phase 11 to better understand the condition of the W quality in its 502 canals; and WHER.EAS, the COUNTY has agreed to proceed with several demonstration projectsri test various methods for canal restoration techniqu to ver the app i Cs ify licabi feasibilit)6 effectiveness and costs in real time of the techniques on the canals; and WHERAS, the COUNTY issued a Request For Quotes for a firm to perform an wensi ysis of the documentation and conduct field visits to the canals and to then select sites for the demonstration projects; and WHEREAS, the CONTRACTOR provided the lowest responsive Quote, NOW, THEREFORE, in consideration of mutual promises, covenants and agreem Me In stated herein, and for other good and valuable consideration, the sufficiency of which i hereby aCknOwledged, COUNTY and CONSULTANT agree as follows: wilt; okf;Vvlt*� By executing this Agreemen4 the CONSULTANT makes the fbIlowing express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other a`th0ri7Ati0ns necessary to ad as CONSULTANT for the Project until the CONSULTANT'S duties h==der have been satisfied; 1.1.2 The CONSULTANT has become ftmiliar with the Project site(s) and the local conditions under which the Projects are to be selected for ffirther design, engineermg, construction, and unplementaticm, 1.13 Ile CONSULTANT shall prepare all documents required by this Agreement 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, there%re, eliminating any additional costs due to missing or incorrect design elements in the delivembles; 1.1.4 The CONSULTANT assumes fiffl responsibility to the extent allowed by law with regads to his pmformance and those directly under his employ. 1.1-5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with profinsional sIdIl and care and the orderly progress of the Project In providing all services pursuant to this agreemen4 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, ordinancm 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. r...1.6 At all times and for purposes under this agreement the CONSULTANT is 0 independent contractor and not an employee of the Board of County Commissionen 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 Board 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 XMIOW 2.1.1 The CONSULTANT will perform for the COUNTY servi as des *bed i ces cn is AMehment A, Scope of Basic Services and At—tacbment B — Quote Responss from AMEC. W-�r w E � i 2.1.2 The CONSULTANT will complete all services for the COUNTY no later than ninety (90) days from execution of the CONTRACT. This CONTRACT "I expire September 30, 2013, 2.2 CORRECTIONS OF ERRORS, OMMISSIONS, DEFICIENCIES 2.2.1 The CONSULTANT shall, without additional compensation, promptly correc, Wors, 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 c0rreWndence tO the COUNTY shall be dated and signed by an authorizM 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 fbilowing: Key Largo, FL 3303 7 And: Mr. Roman GastexL Jr For the Consultant: AMIEC Environment and actl MIM 845 NW 158b Street W— Miami, IFL 33014 Fil.t" 41 FV1#J IJ V 40AM11 WI-.3C 3.1 The savices described in this Article M are not included in Basic Savices. 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 commencemevt� and as follows: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as a part of Basic Savices. B. Providing any other services not otherwise included in this Agreement or not customarily Runished in accordance with generally accepted consulting practice. C. Providing m7esentation befbre public bodies in connection with the Project� upon approval by the COUNTY. M ' F; ............... 4.1 The COUNTY shaft provide fall information regarding requirements for the project including physical location Of woric, county maintained roads and maps. 4.2 The COUNTY shall designate Monroe County's Sustainability Office to act on the COUNTY'S behalf with respects to the Prqject. The COUNTY or Monroe County's Sustainability office 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 ofthe 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 fitult or defect in the Project or nonconformance with the Agreement Documents. Written notice shall be deemed to have be= duly served if sent pwguant to pamgraph 2.3. 4.4 The COUNTY shall fixmish the required infinmation and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Consultants services and work of the conuwwrs. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultents shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criter* as, and it modified. No review of such documents shall relieve the CONSULTANT of responsibility fbr the accuracy, adequacy, fitness, suitability or coordination of its work producL 4.6 'Me COUNTY shall provide copies of necessary documents required to complete the work 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requeste& I 5.1.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners from any and AU claims for bodily injury, including death, personal irjury� and property dmnagc� including property owned by Monroe County, and any other losses, damages. and expenses, including attorneys few, 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. The first ten dollars ($10-00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liabty 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 plans and speccations provided by the CONSULTAn the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify bim from all losses occurring thereby and shall ftrther defend any clairn. or action on the COUNTY'S behalf In the event the Completion Of the Project (to include the work of othem) 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 exp"es 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 occuning thereby and shall further de any cl - or action on the COLTNTY'S behalL fend Mm The extent of li"ty is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5-1-5 This indemnification shall survive the expiration Or early termination of the Agreement ARTICLE VI EzH5gMEL 6.1 PERSONNEL 110 11 -13e rUnctions as iriRdicated t E Wendy Blondin, P.G. Mr. Michael Nardone. P.G. 15raFT-ITOMP"114 2177=21ral I iu-- W-Im" III off =4"917 FMI I ukli'i I 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. M 7.1.1 710 COUNTY shall Pay the CONSULTANT mi the CONSULTANT'S performance of this Agreement the To Sum 0 Of DiMS121A 1112001141 Seven HuruL fi� Twin FiveDDI S 7725.00. 7.2 PAYACENTS sO i i :1 1 :r I (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this agreement after execution of Us Agreement, compensation due to the CONSULTANT Shall be equitably adjusted, either upward or downward, (B) As a condition pwedent for any payment dueunder this Agreement, the CONSULTANT "I 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 harunder. The CONSULTANT"S invoice shall describe with reasonable particularity the service renderr4 The CONSULTANT'S miVoice 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 perfinmance of the optional additional services and contingent additional services described in Article in of this contract, provided same are first authorized in writing by the COUNTY, the CONSULTANT shall be paid hourly at the rates to be negotiated, M 1 '11:4 hN 1 -TIE&II: I a A* 74-=� 73.1 Reimbursable expenses are not authorized under this CONTRACT. FK. ITI-Ij M4 Wi The CONSULANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted fbr this Agreement in each fiscal yew (October I - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTYS Board Of County Commissioners. ri" I - 4: 0 [*: 1": A�tjuj:: The CONSULTANT shall obtain insurance as specified and maintain the required irmnwce at all times that this Agreement is in effecL 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 fitilm to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay, T-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 Florid& The Misurance 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 insum acceptable to the COUNTY and shall be in a fbrm acceptable to the COUNTY. 8.13 CONSULTANT shall obtain and maintain the fbIlowing policies. - A. Workers' Compensation insurance as required by the State of Florida, sufficie:nt to respond to Chapter 440 Florida Statutes. 13. Employas Liability Insurance with limits of $1,000,000 per Accident� S 1,000,000 Disease, policy limits, $ 1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims fbr ir;juries to members of the public and/or damages to property of others arising fi= use of motor vehicles, including onsite and off9ite OPerations, and owned, hired or non -owned vehicles, with One Milion Dollars (S 1,000,000-00) combined single limit and One Mllion Dollars ($ 1,000,000.00) annual aggregate. D. Commercial general liahifity� including Personal Injury Liability insurance covering claims for mijunies 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 provided on a Claims Made tL)Olic i TV -a J E. Professional liability ftmmoce of One Million Dollars ($1,000,000.00) p claim and Two Million Dollars ($2,000,000.00) annual aggregate. If Policy is a "claims made, policy, CONSULTANT shall maintain covamage purchase a "tail" to cover claims made after completion of the project to cov the statutory time limits in Chapter 95 of the Florida Statutes. I F. COUNTY shall be named as an additional insured with respect CONSULTANTS liabilities hereunder in insurance coverage identified Paragraphs C and D. I G. CONSULTANT shall require its subconsultants to be adequately insured least to the limits prescribed above, and to any increased limits CONSULTANT if so required by COUNTY during the term of Agreement COUNTY will not pay fbr increased limits of iffins=urance subconsultants. I H. CONSULTANT shall provide to the COUNTY certificates of ihnmsuirmance 0 will make copies of policies available for County to review incl u those naming the COUNTY as an additional insured by including subsection hereunder. L If the CONSULTANT participates in a self-insurance fimd, a Certificate of Insurance will be required. In addition, the CONSULTANT may be rapired to submit updated financial statements from the fimd upon aquest fim the Comvi 8.2 APPLICABLE LAW This contract is governed by the laws of the State of Florida. Venue for any litigafi arising under this contract must be in Monroe County, Florida. I WRYPLI" Section headings have been inserted in this Agreement as a matter of convenience of refw W r. oinly, and that it is agreed that such section headings are not a part of this Agreement and will not be use in the interpretation of any provisions of this Agreement 9-2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents -pre—.t ared bi -it _qo and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. The CONSULTANT shall not assiga 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 sub ect to such conditions and provisions as the Board may deem necessary. Tius paragraph shall be incorporated by reference into any assigament or subcon and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the Provisions of the immediately proceeding sentence., each party hereto binds itselt its successors, assignees and legel 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 hereuWer without the written consent of the COUNTY. 9.4 NO TEMID PARTy BENEFICLAMS Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor ot any third party. 9.5 TERMINA11ON the event the CONSULTANT shall be found to be negligent in any aspect of serv'M the COUNTY shall have the light to terminate this Agreem-mcVi.7:J,w , Written nofflication to the CONSULTANT. B. The COUNTY may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to it so. 9.6 CONTRACT DOCUMENTS The contract documents consist of the Request for Quotes (RFQ), any addenda, the Form Of Agreement (Articles I-XV), the CONSULTANT'S response to the R.FQ, the wamw�s 'iK=-EV(M By #11107L 17MIZEELL in FARE any conflict between any of those Agreement documents, the one imposing the greater burden on the CONSULTANT will control. udnnu�� �tVTTT*j-I-W I -A Ik mlM vlsit) I 4;N FoTAr*—jZ7*7—MMj I r M i EM—M of 36 months from the date of being placed on the convicted vendor list itorap 'a BY sigaing this Agreeinent� CONSULTANT represents that the enxe=cution (0) Agreement will not violate the Public Entity Crimes Act (section 287.133, Flori Statutes), Violation of this section shall result '.I termination of this Agreement recovery of all moneys paid hereto, and may result in debarment from COUNTY - Competitive procurement activities. In addition to the fbregoing, CONSULTANT ftthcr represents that them has been n determination, based on an alldit that it or any subconsultunt has committed an defined by Section 287.133, as "Public entity crime', and that it has not been formall charged with committing an act defined as a "public entity crime, regardless of th amount of money involved or whether CONSULTANT has been placed on the convic 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. CONSULTANT shall maintain all books, records, and documents directly pertinent to Performance under this Agreement in acmdance with generally accepted accounting principles consistently applied. Records shall be retained fbr a period of five years from the termination of this Agreement Each party to this Agreement or their authorized rept ves shall have reasonable and timely access to such records of each other party to this Agreement for public records :Ugoses during the 1-n-m-, WIT- (7,11 MI 111140=81millall (onto 1 111 55.03, FS, running from the date the monies were paid to County. 9.9 GOVERNING IAW, VENUE, irffERPERTATION, COST AND FEES This Agreement shall be governed by and construed in accordance with the laws of State of Florida applicable to contracts made and to be performed entirely in the state.7. the event that any cause of action or administrative proceeding is instituted for enforcement or interpretation of this Agreement, COUNTY and CONSULTANT a that venue will lie in the 16TH Judicial Circuit� Monroe Countya Florida, in th appropriate court or befbre the appropriate administrative body in Monroe Co Florida. This Agreement shall not be subject to arbitration. 'Me County CONSULTANT agree that, in the event of conflicting interpretations of the terms or term of this Agreement by or between any of them the issue shall be submitted mediation prior to the institution of any other administrative or legal Proceeding 9.10 SEVERABILIW If any term, covenant, condition or Provision of this Agreement (or the applicatfli thereof to any circumstance or person) 9WI be declared invalid or unenforceable to at extent by a court of competent jurisdiction, the remaining terms, covenants, conditio and provisions of this Agreementa shall, not be affected thereby, and each remaining t. I I iota= B) q!WfL'i i-1 win P�= W 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 expenses, w an award against the non- prevang party, and shall include attomey's fees and courts costs expenses in appellate proceedings, as an award against the non-prevang party. Mediation proceedings initiated and conducted purmiant 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 Mom-oe County. 9.12 BINDINGEFTECT The terms, covenants, conditions, and provisions of this Agreement qoTI-9—hiLy. �.-i Fo—the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. page I I of Contract V9 ME M 6 i: (1) 9 i *14 Each party represents and warrants to the other that the execution, delivery and perfom=ce of this Agreement have been duly authorized by all nemsary COUNTY and corporate action, as required by law. W Mir. Mg.r.", RIM, approved by each party prior to submission. F =-A;, .111 1 UH!MI0j3Jj- RIO) 5 1 J) I I IFAOD)IM4 t IIAI ; too a a 0 1 1 K I malook W. UMIMMW Page 12 of Contmct = 17714 I a IM41 II IMI(I I Ij I of CONSULTANT and COLTNTY 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 I benefits as recited in this Agreement. COUNTY agmes 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 giffi; doing business with one's agency, unauthorized compensation; min, c of public position, conflicting employment or contractual relationship; and disclosure or use of certain infbrmation. kNI ZV-W " AM014 AILT ITAI ZIRAiTv-RTRTVXTIi i 1.. monies owed, or otherwise recover, the M amount of such fee, commission, percmtage, gik or consideration. Ia 1 LL o 1 ",',..I Ei k',, ! this provision i t by CONSULTANT. r,, r• :i1 4" 1 !211 7 i1' r i.,..:. i I: #: I '....#: ■ E:4 iI 1 7 1 E... r J .1 ` '..,J ��rl ++.�1 # I. i i •k..... I r # E. :il Ix! I11IY .141 i.. k'.....' : I i M 1 °... I : k ■ :a i i ! 1 i it .d# 1! a1! MM11 �icoverage, nor 111-17 any contract cry- ...,.. of 1 privilegesandhumanities from liability,NII Ei♦C fromlaws,i i k:+11 1i. rules and pensionsandreliefIdisability, workers' compensation, and i'.....iN benefits whichapply to the activityofficers, oremployees 1 any public agents E employees I the when e# performing their functions11 E :.# this Agreement within theterritorial limitsof the COUNTY shalli E to the samedegree and i. extent to the performance ofsuch II E 4 i'....' and duties of officers, E " agents, volunteers, remployees outside the territorial limitsE the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or StatutoryI This Agreement '..... not intended to, nor sbe conshmedas, relieving any participating entity from any obligation or responsibility imposedupon 1- entity 1Iawexcept E the extent of and timely k :7 i i i: I,. E :ri by i E. : i M E.: i i' 1■ I i ■ :� �i #,,. : ! ! i i 1 / i J1:1 i',. i i r .� M i I # rl 1 +i 1 ''' •J :tali �+1 I ! 1 statutory duties E theCOUNTY, exceptto the extent permitted M Florida i i,,. - i 1 i F lstate statute, and case i k.... � ! i i ' :.J - r i ! r#',. :JII �i.'.i �ilr E : ri I � � U • � r #,. I � � r i,,.. Page 14 of Conum y r'.... i.: f I #:1 1 Ii i # °J I r■ r#...VAN +af i',, :III :Ir.. r r .rl i # I :,�". 1 �� �*111 �r � r......:1 :'...# r :Ir :. # # # i • �f OM I :rI 1 1 .I I • i' =f i i 1: i I ',. 1 i ! i / :.1 # 1 :r 1 1 :1 ',. ■ 4,,, • I ;•*: i,,,.I r 1 �:,. Workplace Statement. Signature of this Agreement by CONSULTANT shall ad as the i •,,,: i1i 1 # •'.. # i�1 r:i :.,,I# I_1 - :II 1 r ': JI ��11I �1 •nI :Ir. current the time of i MI: I I• i original conI priceIr :IL. ## # I I ya i. ' I I ' : I aI':. f �f # '..,•�1 i 4: II If '',: i # 1 #''....- :r1 i 11 1 �^- I i.:1 r mce was increased due to inaccurate� incompletei or concurrent wage rates and otI= fiwtual unit costs.adjustments rll ;1.1 4 mustbe made 1 f one year following theand of the Agreement. r',, M! .11',.% # 1 : •# :Iii �I "# 1 F: yl:I y �,,,. I C...I:II M .,- # �all,,,�i i.. I ',.. i ai :71 1 = •# ''...1M11 '11 i 1f liri'..., # .+ # �i .� " .i1 4 �•11 i'..... # # i i'.... i i y 1 � I ' 4,1 # : 4 '.. i # 1 i 1 '.: :# :, ''.....i ♦ 1 ♦ 1 !# !'+1I# *I:.....i 1 •# �• �7 f 1 :.I 11 I ',, =f .. I r',, 1 1 1If i W 4 ar i } :+ i : �: I i I 1 • / ',,: 4 .'.. •7,,; 4 �i : i i 1-11 : ♦ # 1 . �# # • ..i :• #� 4r #.`i • 1 :#i I ':+k#I' # 1 III �1 I I :'.....a I f ' I : 1 :_; 1 +/ r to : I `i +.I -'I 4: '#I I.. I * : I I''.... MtlnI I: ,, . 4AXII.M.6.64i QT . .. . . . .. .. rVidt-liffiff-W UKA V X I NX DeputiClark' Date: i & 6 i -0 OF, ............................ .................................. . . . . . . . . ... All, ........... ................................ plow i IN:4 IV RIM W 49J.04M:� 1140 4.4 A. Ilackground: The County has initiated the last of its wastewater pmjects that will eliminate sewage releases into canal and neW shore waters. The completion of the wastewater projects will help clean up degraded near shore waters of the Florida Keys and Prevent against Ruther degradation. However, the wastewater p ro j won t ects eliminate the pollution already in the canal w�stpwz R ;.Ills Constuction of residential canals in the Florida Keys was initiated in the mid-200� centiry, before resource managers ftmy understood their impacts On local water quality and broader coastal ecosystems. Many of the 5 A � I - M. grer, r7o )I a -Asiolkloilgoyel spa so; (w B. Reguktarv- The Florida Department of Envircmmental protection (DEp) �V determined thit the water quality is inipaired in multiple water bodies (WBIDS) throughout the Florida Kep. The Florida Kep R=onable Assurance Docwnenladon Update of 2011 0KRAD Update) Lyff outlined extensive waste water and storm water restoralhon activities to address the nutnent impairments froni these sources. However, DF-P recognizes that even alter the restorat'an and management activities detailed in the RAD are completed, water quality in many Canals will Rely not achieve Class IR marine standmxL.% as required by State water quality regulations. Canal restoration, including hydrological improvements, to improve tidal flow and reducing input Of floating sea weed will be requiraL -Me Poor water circulation, weed wm* orsomic sediments , and/or deep water depth. were the cited reasons. Since the canals discharge directly to nearshore Outstanding Florida Waters in the Florida Keys Natlo'W Marme Sanctuary (FKNMS), where DIEP adopted a 'o:zero-degmdatIon, poli -going canal water quality impairment is of utmost for marine watets, addressing on c' importance. Page 17 of Camme sigafficantly diflownt for total phosphorm, and likely a result of small sample size (refer to table below). Dissolved oxygen coneentration within these canals is often less then 1.0 mg/l. Summary of Witter Quality for all Canals In The Florida Keys (from Monroe County Camil Inventory and Assessment 2003 Report) CATEGORY WATER WATER MEDIqN MAX MIN QUALITY QUALITY DESIGNATION PARAMETER JUMBO POOR Tairm =t= CQ- 29.6 35.3 16 (> 10 hectares) Salinity (Spi) 36.65 37.2 26 Very limited Total Nitrogen 26.81 263.3 8.8 sampling, M especially in Total Phropharms 0.36 2.7 0.1 winter Chlorophyll a 0.54 1522 0 LARGE POOR Temperature CC) 29.9 41-5 15.0 (between 2-10 Salinity (On) bactares) Total Nitrogen 31.6 184.65 8.33 Better 11111 representation Total Phosphorus 0.39 10.09 0 of POOR water W quality Chlorophyll a 0.49 23.09 0 D= MEDRJM FAIR Temperature CC) 26.5 38.5 14 (between 0.6 to Salinity(Bift 36.7 59.1 12.2 2 Incomes?) Total Nitrogen 29.39 145.79 0.33 Total Phosphorus 0.32 44-39 0 Chlorophyll a 0.38 19 0 SMALL FAIR TO GOOD Teraperature CG) 26.8 41.5 15 (less it= 0.6 Salinity ftipt) 37-3 46.4 0.3 bectam) Total Nitrogen 32.39 149.32 7.72 m Total Phosphorus 0.34 4.75 0.06 1M Chlorophyll a 0.43 4.79 0 us Cluster IM" BASELME Temperature CC) 27.5 39.6 15.1 Keys Necishore Salinity (Nd) 36.3 40 29.5 Waters 2001 - Total.Nitrogen 13.25 85.88 1.78 CATEGORY WATER WATER MEDIAN MAX MIN QUALITY QUALITY DESIGNATION PARAMETER Quality Total Phospborus 0.20 0.62 0.02 Monitoring m Chlorophyll a 0.23 1.79 0 m i. Values that are statistically diffixent from the nearshore, water baseline am shown in —Willi 71TO 7 =11 7 Willl 7 iTali A Sll A IN IN I %I -Ill V111UPIC lit 3I Al initiated the canal restoration process. The complete Ch4MP will be complded in June 2013. i �_516 LA=,l - Jta�­11 rkAamuon prnjm-t�l 31 HE YUR117 r%-Uys, as specirica in lie ITIonroe uoummt�y n Management Master Plm (CMN2) htz.*/—/w—w--w-m2n—m—geau—n-tL-fl,oiv—A2QmcntC—cnt=Mew/5301. When completiedl, the projects will result in significantly reduced nutrient loading to Florida Keys National Marine Sanctuary, improved water quality in the Sanctuary, compliance with mandatory state water quality standards and relevant federal and a regulatory standards. The scope of services for the Canal Demenstration "ect Selection includes professional engineering cvalushon process used to determine the top 15 potenti - - -_ anstration canal restoration sites to be selected (to include 3 of each of thai?.*0 �._ technologies), based upon a technical selection screening process to be developed approval by the County, that includes ensiromnental, water quality and other &cWrs outlined in the Canal Management Master Plan that is currently under development The project includes canals with impaired 'water quality prcdects located throughout th entire Florida Keys, in Monroe County. The cities of Key West, Marathon, Laytton, Key Colony Be&* Village of Blamorads, and unincorporated Monroe County ar included. The map area included can be found at hftp wwwmonro flaLyMocuanWrtCeuter1ViM/5306. A list of the Keys' canals can he viewed b Ott P: /Ay w w . in o n rio = u_nt y- f 1. gQ y/ D o a a m e n t C e—n- 1 q ffi w1_5 3 12 Coordination of approvals from homeownen shall be provided, In addition, complete documentation for the recommendations for the top 15 projects, including anticipated cost% and a list of the permits shall be requftvd. 7be Consultant shall use a selection and ranldng process approved by the County and the Canal Restoration Subcommittee to determine the final 5 demonstration sites and prrects, Each shall implement a different type of restoration technology— and be most applicable fbr each site. D. TECHNOLOGEES: To address the specific Class III water quality exceedances: (DO, nutrients) within the canals and surrounding near sbore waters, several technologies are being evaluated in the Ch%T and are proposed to be implemented as part of this grant including: (1) removal of organic accumulation (eg. dredging), (2) minimization of ffirther organic accumulation via weed gates, (3) circulation of water within canals via IN; ki 11 INMIrs 00-0, a 4 -t toll - Ij 1 1 1; W, 11110MI 90 I WIN 41 -0 so I go 11 gs$. oil :0 0 1 ;kl ............ Y2U a U. 6 4 4 WAM 6110 w Y 41-9 a ka)VIII[I)WR I I IN is I oloo 6 a 4 INZ '-k I I 147 M. ;I -IN 41 MI 19r, M.M.1077117-MA197 "T 111 r f I 4 . =47- W M-, I - to it 741 lr�.. � . r .... #T-I•l:11 # :_�- (I #.. r +:,, 1 # #..� :r 1 % ,'�� 1 i.., i -., IET I'M WY 'InM—IMUMOOM lit. tl; or pumps the was destroyed during the canal construction. Then technologies include: 3. Culvert installation to enhance tidal flow 4. Pumping to enhance circulation. 5. Backfng .1 I-V&VAIJ; (;Awl i 1 I d IN- 6 1 t- off FMILYA WISI61 I 111 1"'- if 4 -F: Oak# -.10-i Wf, In! Oil Mim 4vi'k ". 1m; Ml&,' *.7, -MM M t 001 711 if Inst;-1 1;4 mll of -ago in fing design fbr removal, dewatering and disposal options. Although each organic sediment removal project varies depending on specific objectives, lood conditions, and disposal options, sim0ar projects have recently been completed in Florida with positive water quality response Page 21 ofCanhid lif so if VIE Wk :RAI scol=g, ()f negative impacts to the near shm Watm. The Phase I CUMP contains a conceptual design for a pumping system * Marathou which w In as designed to pump in Florida Bay WaW to the dead end of the canal. The County's also interested in OtbW MtOlstiOn methods that may wdst but are not discussed here. The respondent may provide any additional information for other technologies. E. PROJECT SELECTION The Consultant will develop the list of 15 potential demonstration sites, and then work closely with the County to determine the final 5 demonstration projects. -,lyI a I .. I 11 IJ 11 11 1 IJ 1 1 Q- Ma La, access POtcutial, and pmUmin� design and construction cost estimates. This list shall be nalmwed to an estimated five (5) sites by working closely with the COUNTy and the Canal Restoration Subcommittm Each site shall employ a diflemt remration technology. #111-4 WWWWIWA41 I - &: . a a M1 L-11-40M k is ;, jok9iHis If &Z 'n 1, Ffil11 =' *.... P:.4q, Dut n-Plter on property ownz J. )ordinate awamess and acceptance Page 22 ufC=ft= with the homeowners in ea6 demonstration projectares The CONSULTANT shall also identify easements and access to the separate sites, and provide preliminary. recommendations for disposal Of any spoil material, and identification of any issues related to the design or construction which could affect project cost The Consultant shall document all meetings and conversations with residents, regulatory agencies, and others related to the performance of the Work. Work required by the Consultant to confbrm documents to federal, st"_g OR I -11tp+ to aflow them to be approved shall be completed at no charge or cost to the CounM unless said requirements are changed during the course of the project. G. ENG]NFYMG AND CONSTRUCTION COST Contemporaneously with the submission of the final 5 projects, the Consultant shall submit to the County in writing its find estimate of the w1imated engineering desiM construction administration and also COntrUctOes anticipated bid price for each of the Dernonstration Projects. The Engineering and Construction Cost *all be the total estimated engineering and construction bid cost to the County of all elements of EACH of the Rmiiemlt It— ME-* �--- -WR47W-7MTfW-7 The Engineering and Construction Cost shall include the cost at current market rates of labor and materials and Fq!#Ment ft el... -i -- bY'-fLc C&&—SU-Fta­nt plus a reasonable allowance for Contractor,s overhead and profit. The Engineering and Construction cost does not include the compensation of the Consultant and the Consanhe co o ultant's consult . - -h - — ts, tsts f I -Wlilgf. . -r• r T lip'All Egg 93��� MWENDMENT TO 1CONTRACT FOR FORTBE SELECTION OF CANAL � DEMONSTRATION 1 1� D1', NT * dated e1 to that contract dated 1 day ofMay. 013, 1 :n ! ' eM1 Monroe County, It • 1 L, 1 -. 1 hm agreed to Y I .. 3 withseveraldemonstration projects o. .'•:vanousmethods31 :14.:restoration : llYl Y .rx. to verify the applicability, .t". ieffectivenessand costs 1 1# of thetechniqueson the canals;,and WHERES, much progress has been made unda this CONTRACT; and i IEi alYextension of time needed ifcoordinate homeowners4 the I+.Yl141'i i fFi !1 # .e, Ls. WMMEAS, thisextension of droe shall be at 3#additionalcost; • *'; r in consideration 4 mutual promisa. covenan" and # : 'J ... ! 1 .3 3 3:- stated herein. and fbr # Y',.+ rood and valuable3'#lI L.'' i♦ f Y M■ M .+L,''... ! 1 mb Y y acknowledged, COUNTY and CONSULTANT agree as follows: it',,NTRACT shall be deleted and replaced with the following: CONSULTANT The illi 11 Y. -. all Services fbr the COUNTYno laterI:I 1. 3 hWt kI34 :lY # ten 4W, 1 3.YY execution of the CONTRACT. This CONTRACT em D.--Lb� 101' 13 wrnarww =ZLIL q OF MONROE COLNw,, pLORMA By: -AV'-r- mqwchakman w;ifvQ.lv.l II-oTna- -2 �-Ldi r.- a jFh—m ca*m Jbr Dci.--=d= F.,.;i - F4P2 A7EWbOWN0.2 TO THE CONTRACr FOR ENGINEEFUNG SERVICES FORTHE SELEMON OF CANAL DIEMONSTRATION PROJECTS THIS AMMqDNMW NO. 2 dated :K0-:r.V-'W#M 0 A ............ ■ . . .rI . . . . . . . . 0 1. 1. 1 1111 14q A.. i.k CONSULTAM agree as follows: L Article 2-1.1 of the CONTRACT and Amndment NO. I shall be deleted and replaced with the following. 2" The CONSULTANT wig COMPleft All SW4= for the COUNTY no later than I yen 46 days from ex"Won of the CONTRACT. This CONTRACT sW expire Jurm 30,2014. 2. Article 3.4 shall be ADDED, as Mows: M The County desires additional services to be a&W to this AbceMbi No. I AMMC fta Sul-, I " U&Nmi* A,ta 11 "1 W-1 —11,1 ALE 16 quri;x,& AX'11=17 2W canal and othercattals, u specified in Exhibit"iW toft ADDENDUb( No. 2, I Article 73.1 shall be DELETED =d RIMACED with the following- 7.11 A. This Amendment No. 2 adds an adMonal Thirty -One Thousand Three Hundred and Nincty-One Dollars aW Tbiny-One Cents ($31,391.13) to the Prqect cost plus reimbursable costs as desclll below. B. The CONSULTANT shall be mimburied on a cost reimbursement buis for all eligible PMject costs; upon the completion. submittal and approval, 7f deliverables identified in P, AW'. audit therect, A final payment request shall be submitted to the COUNTY no hua than June 30,2014. !."-NFF#tT:;Dt FI: Reimbursement retluests for payment3 to CONSULTANT ant be su713tantiale1.,.. Iy copies of invoices with backup documentation identical to dut required Emm the CONSULTANT Payments for direct ulalm "I clearly idendy the pet3owel involved, salary rm per hours, and hounAime spm m ft project AD multipliers used (Le. hinge benefits, overhead, andfor gmumW and admWittadve ratm) sluill be supported by audit, ff the COUNTY determines that multipliers charged by any coutrum exceeded the rates supported by audit, the CONSULTANT shall be required to reimburse such fivIds to the COUNTY within thirty (30) days of written nodflcation. Interft on the excessive charges shall be calculated based an the prevang rate u3e1 by the State Board of Administration. 4. In All Other MsPcct16 the original Contwt itad Amendment No. 1, remain uwhangttl �.- 1110 1 AMIC MMONMEENT & INC. Print Nam n Title: Vf e y Date, MONROE COUNTY ATTORNEY PFROVED AS TO 1799W 4�tA PaV2 7—N AtLE—E N 9--W.CA S—SE I — ASSISTANT COUNTY ATTORNEY Dais bj'z. M MIM Am. Fl�kq;114DJ *dA FTK lie IF 1107,M,151111 or I Fill ]LLD a ■ _ � I■ ■ t' i ■Ire ■ _ ■ 1 R: iti •Fw ■ 'i i ' canalare not obtained wiftn go days of majting, then Ing aPPMM for restoration RnCl, then Mat be : w from the d- ■ :ti f r : i f` ne)d ranked canal will be contactod. AMEC will work with CourAy sW, Office of the Cointy Attorney r State agencies F: 4 •€ r the owners of Me properties that vWU require apprI for ft rv-,1,Lr.r-N;-PTsL .4"am ■ _ it �.,.. w ■,. ■ - • Canal water ftnt property owners propertiesI EQUIPMOM staging area No Properties where M*meM will be cmStrucW and remain in InsWation. i■lr: r: �..■.. ,.a: .■ ,.#.. _ :'r'� r r y rf �Y r:.....,' .It - .,.#. ;:. #s7. - .� t t .�{ .R ._ : # ,: „r ■ i,.. # 'i'%a '#'ti _ .#. .�. ! s '! � t � ',, F t,,. #. 6�, .R',, I, F . _ [. A i..' mo action Rents a projected schWuhL :. � L ti IY 1 : ■ :.: � L � : +! •' 1 � IF y "t' � ■ ■ W'■,,, ■: '� r �' 'r ; ■ ` !■ :I-,. t.w +� •1 t M .• , �:. 1. ._ ! .t,.. F : !w - - :. i # '■i' # i ',....r . .. Y ■ ,■',. - _ ., # ..., .f . • _ I t ■ i! E ',,. � i : R! _ e a ■ t - ■ :. 1 ` it �5 - i� 5t EsftM Yd'm aid DM Baft LiergWnent! OMMEMENEW