Item U11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2013 Division: County Administrator
Bulk item: Yes No _ COUNTY: County Administrator
Staff Contact /Phone #: Rhonda Haag, 453 -8774
AGENDA ITEM WORDING: Approval of Amendment No. 2 to a contract with AMEC Environment &
Infrastructure, Inc. in the amount of $31,391.13 to provide a six month extension of time to June 30, 2014 and
additional services to provide assistance in obtaining homeowner approvals for implementation of the
demonstration projects and to update the canal management master plan data base with new information
regarding the demonstration canals and other canals.
ITEM BACKGROUND: Additional time is necessary to coordinate the participation of the homeowners
before the final demonstration canal projects can be confirmed and additional work is to necessary to assist the
County in preparing and obtaining the homeowner CONTRACTs for permit applications, site access,
easements, and long term operation and maintenance of the remediation system. Work will additionally include
updating the County canal data base with new information obtained an the demonstration canals as well as
other canals so all interested parties will have access to the information.
PREVIOUS RELEVANT BOCC ACTION:
1. 03- 21 -12: Approval and authorization of a Grant from FDEP to fund Phase i of the Canal Management
Master Plan and also authorized execution of a task order with AMEC under the on -call professional
engineering services contract to develop Phase 1.
2.06- 20-12: Approval of the grant application submitted to EPA, which requested $100,000 in grant funds and
specified a $10,000 match of in -kind services.
3.09- 19-12: Approval of a $100,000 EPA grant that funded Phase 2 of the Canal Master Plan.
4.11- 20 -12: Approval of a Task Order with AMEC Environmental & Infrastructure, Inc. under the on -call
professional engineering services contract to develop Ph 2 of a county-wide Canal Improvements Master Plan.
5.02- 20 -13: Approval of a FDEP Grant 50640 providing $100,000 of funding of work to perform bathymetric
surveys and also approved a $100,000 Task Order with AMEC to perform the bathymetric work.
6.03- 20 -13: Approval of $5 million for the canal restoration demonstration projects.
7.05- 15 -13: Approval of a $37,725 contract with AMEC to select the demonstration projects, as a result of a
request for quotes.
8.08- 21 -13: Provided direction on the selection process for use in selecting the top 15 canal restoration
projects and the final 5 demonstration projects.
9.09- 17 -13: Approval of a time extension to the AMEC contract for selection of the demo projects.
10. 10- 16 -13: Approval of the top 15 canals, selection of 6 canals for the demonstration projects, and a 90 day
limitation on the homeowner approval period.
CONTRACT /CONTRACT CHANGES: Extend the time for completing project to June 30, 2014, add
reimbursement cost, and add additional compensation in the amount of $31,391.13.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $31.391.13 INDIRECT COST: BUDGETED: Yes X No
PIus reimbursement
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: 31 91.13 SOURCE OF FUNDS: Infrastructure Tax Funds
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Pure using Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM # CAD #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SLTWWARY
Contract with: AMEC
Contract #A2
Effective Date: November 20, 2013
Expiration Date: June 30, 2014
Contract Purpose /Description:
This Amendment No. 2 shall authorize AMEC Environment & Infrastructure, Inc. to
assist the Coun!y in obtaining homeowner approvals for implementation of the demonstration
p ro
jects and updating the CoM canal database in the amount of 31391.13 and shall also
Contract Manager: Rhonda Haag 8774 CAD M.S. #26
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11 -20 -13 A genda Deadline: 11/05/13
CONTRACT COSTS
Total Dollar Value of Contract: $ X1 Current Year Portion: $ :1! _
Budgeted? Yes® No ❑ Account Codes: _1
Grant: $ NIA _
County Match: $ _
ADDITIONAL COSTS
Estimated Ongoing Costs: $0 /yr For: Not aP21icable
(Not included in dollar value above) (S9. maintenance, utilities, j anitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director
Risk Management °w
Changes
Needed Reviewer
Yes❑ No ❑`
Yes[:] No0�
Date Out
O.M.B.IPurcin L- , -I Yes No "
It - 1D
Count Attorne . f
Y Y t 9 > �_ Yes❑ No�,,
Comments:
Form Revised 2127101 MCP #2
AMENDMENT N0.2
TO THE CONTRACT FO RHENG SERVICES
FOTHE
SELECTION OF CANAL DEMONSTRATION PROJECTS
THIS AMEl`fDM1:NT NO.2 dated to that Contract dated the 15" day of May, 2013,
as amended September 17.2013 by and between Monroe County, "COUNTY." and AMEC Environment
& Infrastrucwre, Inc.. "CONSULTANT".
WITNI?SSh'I'$:
W111aREA' S, the COUNTY has agreed to proceed with several demonstration jects to test "
methods for canal restoration techniques to verify the applicability, fusibility, effectiveness and costs in
real time of the techniques on the canals; and
WHQtEAS. much progress has been made under this CONTRACT; and
WEMREAS. additional services and an extension of time is needed to coordinate pation the the I>articl of
hommwners in the demonstration projects; and
WHEREAS, the Canal Management Master Plan needs W be updated with information related to the
demonstration canals.
NOW, THEREFORE~ is consideration of mutual promises, covenants and agreu as stated herein, and for
Other good and valuable consideration, the sufficiency of which is hereby aclmowledged, COUNTY and
CONSULTANT agree as follows;
1. Article 2.1.1 of the CONTRACT and Amendment NO. 1 shall be deleted and replaced with the
following.
2-LI The CONSULTANT will complete all services for the COUNTY no later than 1 year 46 days
from execution of the CONTRACT. This CONTRACT shall expire June 3o, 20i4.
2. Article 3.4 shall be ADDED, as follows;
3•I The County desires additional services
provide assista to he added to this AMENDMENT N0.2. AMEC shall
assistance in obtaining homeowner approvals for implementation of the demonstration projects
and updating the canal managem master plan data base with new information about the and o d nstraemotion
corrals other canals as specified in ]fzd bit "24" to this ADDENDUM No. 2,
3. Article 7.3.1 shall be DELEETED and PJUIL ACED with the following:
7AI A. This Amendment No. 2 adds an additional Thirty -One Thousand Three Hundred and
Ninety-one Dollars and Thirty -One Cents ($3091.13) to the Project cost plus
reimbursable costs as described be low.
B. The CONSULTANT shall be reimbursed on a cost Mgmbursement basis for all eligible
project costs upon the completion, submittal and approval of deliverables identified in
Page 1
Fa hibit 2-1, in accordance with the acheduk therein. All bills for amounts due under
this CONTRACT shall be submitted in detail sufficient for a proper pre -audit and post -
audit thereof. A final payment request shall be submitted to the COUNTY no later than
June 30, 2014.
C. The Payment Request Foam shall be accompanied by supporting documentation and
other requirements of law or ordinance as follows for each deliverable:
Reimbursement request for payments to CONSULTANT must be substantiated
by COPka of invoices with backup documentation identical to that negnired from
the CONSULTANT. Payment for direct salaries shall clearly identify the
Pummel involved, salary rape per hour, and hourahime spent wx the project. All
multipliers used (i.e. fringe benefit, overhead, andfor genera) and administrative
rates) shall be supported by audit. If the COUNTY Ztermines that muidplhn
chalMd by any contractor exceeded the rates supported by audit, the
CONSULTANT shall be required to reimburse such funds to the COUNTY
within thirty (30) days of written notiBC d%L Interest on the excessive charges
shall be calculated based on the prevailing rate used by the State Board of
Administration.
4. In all other respects, the original Contract and Amendment No. 1, remain unchanged.
IN WITNESS WHEREOF, each pasty caused this AMENDMENT NO. 2. to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest; vii CLERK
By:
Deputy Cleric
Date:
1 � Z ► ji r 7 71
BOARD OF COUNTY COlVII1+ MIONERS
OF MONROE COUNTY, FLARiaA
By:
Mayor
Date:
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TASK 1: AsawAmcE wrrH O ffr mNwa HmEoWNER AP PRovALB FOR tMPL.EMENTAT[ON OF CANAL.
R ESTORATION DBWNSTRATION PROJECTS
There are numerous tasks that are required to obtain the necessary homeowner approvals for
Implementing the Monroe County funded Canal Demonstration Projects. AMEC will work
closely with Monroe County staff, including the SustainabnRy Program Manager and the office of
the County Attorney to complete these tasks. Due to the complexity of the project and the
anticipated unforeseen circumstances AMEC and County Staff Will reevaluate their respective
duties and amend the contract when necessary.
LOK of Interest
AMEC will work with the Office of the County Attorney to develop a letter of Interest to send to
homeowners to obtain an Initial documentation of their Interest In participating In the
demonstration project. AMEC will provide details of the proposed restoration, homeowner
contact information, and information about Operation and maintenance. AMEC will answer
county staff questions and teleconference when needed to address Issues. The cost estimate
does not include the actual mailing and certified postage for the mailing to homeowners.
AMEC will attempt to contact property owners on the demonstration canals by phone or In
person for each demonstration canal as a follow up to the Interest letters. AMEC will provide
homeowners information concerning the proposed restorations and try to answer all their
questions concerning the program. The Monroe County Board of County Commissioners has
decreed that ti signed Interest letters from all property owners granting approval for restoration
are not obtained w1thln 90 days of mailing, then that canal will be eliminated from the
demonstration project and the next ranked canal will be contacted
AMEC will work with County staff, Office of the County Attorney and State agencles to ldentNy
the owners of the properties that will require appro vals for the restorations. AMEC will assist
County staff with obtaining appropriate authority from the property owners to allow Monroe
County and Its contractors to perform any proposed canal restoration work, Including but not
Bmfted to, the following:
• 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.
Page 1 of Exhibit 2 -1
AMEC will obtain the required homeowner approvals for authorization to Implement the canal
stration projects. AMECs assistance will be p rovided in obtaining the homeowner
agreement demon corms required car the South Florida Water Management District Environmental
Resource Permit, United States Corp of Engineer's Permit and Florida
Keys National Marine
Sanctuary Permit, and other agencies who have Jurisdiction over the Prq
Provide the maps showing proposed equipment staging areas and ect area. real will
Provide conceptual design details of the proposed construction. AMEC will communicate and/or
meet with homeowners to answer their questions related to the restorations. If after 90 days
Proceed before not been obtained. AMEC will seek guidance from the County stair as to how to
expending further effort
Monthly ocUvity VsMrb summarising work completeri that month, rrext
mortlh's action items and Projected aoheduie.
Due to the unknown and variable nature of the scope of work contained In this task (e.g. first
time Getting up these agreements in Monroe County, inaccessible homeowners) AMEC wlll
pertorm these serves on a time and material basis not to exceed the authorized amount. The
attached spreadsheet, Exhibit 2 — 2, provides the estimated hours per each staff level. if
additional hours are required to complete the tasks a change order will be provided to Monroe
County for approval.
Total Task 1: $24,96913
TASK 2: CANAL MANAamwff MAMR PLAN DATA BASS UPDAT1NLi
AMEC will obtain additional information related to the demonstration canals as well as other
canals and ccrnpile that Information Into the central Canal Management Master Plan data base
for access to all interested parties. AMEC will update the Canal M
attribute table with new Information anagement Master Plan
appropriate restorations, and water related to canal Information, homeowner contacts,
services up to 24 hours for Wendy Blom p information. AMEC Will provide the above data base
hours Maggie Kanakis (AdmkvData entry), and 4 hours se e Millen CADD en Hanks (013), 12
CD with Updated Canal Database
Task 2 Total: $6,40p 00
Total Project Cost: $ 31,391.13
Page 2 of Exhibit 2.1
Cost Estimate
Monroe County Homeowner Approval Coordination and Data Base Management Updating
101=13 2:04 PM
CONTRACT
FOR
ENGINEERING SERVICES
FOR THE
SELECTION OF CANAL DEMONSTRATION PROJECTS
THIS Contract made and entered into this 15` day of May, 2013 by and between
Monroe County, a political subdivision of the State of Florida, whose address is I 100
Simonton Street. Key West Florida. 3040 its successors and assigns hereinafter referred
to as the "COUNTY," through the Monroe County Board of County Commissioners
(BOCC), the Owner, and AMEC Environment and InfrastructuM Inc., whose address is
5845 NW 158' Street, Miami. Florida 33014, its successors and assigns, hereinafter
referred to as "CONSULTANT';
WTTNESSETH:
WHEREAS, the COUNTY benefits economically and environmentally by having non -
impaired water quality in its canals and near shore waters; and
WHEREAS, the COUNTY has completed Phase I of the Canal Management Master Plan
and is currently underway with Phase II to better understand the condition of the water
quality in its 502 canals; and
WHEREAS, the COUNTY has agreed to proceed with several demonstration projects to
test various methods for canal restoration techniques to verify the applicability,
feasibility, effectiveness and costs in real time of the techniques on the canals; and
WIERAS, the COUNTY issued a Request For Quotes for a firm to perform an extensive
analysis of the documentation and conduct field visits to the canals and to then select th
sites for the demonstration projects; and
WHEREAS, the CONTRACTOR provided the lowest responsive Quote;
NOW, THEREFORE, in consideration of mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is
hereby acknowledged, COUNTY and CONSULTANT agree as follows:
:;.►rri,
By ci=ting this Agreement, the CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been satisfied;
Page I of Contend
1.1.2 The CONSULTANT has become familiar with the Project site(s) and the local
conditions under which the Projects are to be selected for further design,
engineeering, construction, and implementation;
1.13 The CONSULTANT shall prepare all documents required by this Agreement
such a manner that they shall be in conformity and comply with all appHcable
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, therefore, eliminating any additional costs due to
missing or incorrect design elements in the deliverables;
LIA The CONSULTANT assumes full responsibi]ity to the extent allowed by law with
regards to his performance and those directly under his employ.
1.15 The CONSULTANT'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project.
In providing all services pursuant to this agreement, 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, ordinances, rules and regulations small 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.
1.1.6 At all times and for purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County
Commissioners 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 a
creed, color, national Origin, �t any Person based on race,
not related, in its real s' age or any other characteristic or aspect which is
&Ming, Promoting, terminating, or other area affecting
employment under this agreement or with the provision of services or goods
under this agreement.
ARTICLE II
6 OF BAM SER3=s
2.1.1 The CONSULTANT will perform for the COUNTY services as described in
Scope of Basic Services and Attac t B — Quote Response
from AMEC.
Page 2 of Conrad
2.1.2 nThe meh' CONSULTANT (90) will complete all services for the COUNTY no later than
days from execution of the CONTRACT. This CONTRACT shall
"Piro September 30, 2013.
2.2 CORRECTIONS OF ERRORS, OMUSSIONS, DEFICIENCIES
2.2.1 The CONSULTANT shall, without additional com pensation' Promptly
errors, omissions, deficiencies, Or conflicts in Product correct
CONSULTANT or its subeonsultaAts, or both. the wow product of the
23 NOTICE REQUMMENTS
23,1 All written correspondence to the CO UNTY shall b dated and signed by an uired authorized representative of the CONSULTANT. An notice
Pitted under this agreement shall be in writing and hand delivered f or mailed or
Postage Prepaid, to the COUNTY by certified mail, return receipt requested, to
the fnIlowing:
Ms. Rhonda Haag
Monroe County Sustainability Office
102050 Overseas Highway, Ste. 212
Key Largo, FL 33037
And:
Mr. Roman Gastesi, Jr.
County Administrator
1 100 Simonton Street
Key West, FL 33040
For the Consultant:
AMEC Environment and Infrastructure, Inc.
Jose R. Perrx,�Miami Lakes Office manager
5845 NW 158 Street
Miami, FL 33014
ARTICLE III
3 .1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the COUNTY as
compensation paid for the Basic Services Pro vided in this agreement as an addition to the
commencement, and as follows: but Only if approv by the COUNTY before
A. providing services of CONSULTANT for o
consulting scope of I'ro.ect other than the Previously listed
J provided as a part of Basic Services.
Page 3 of ConUm
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the project,
Upon approval by the COUNTY.
3.2 If Additional Services are required, such as those listed above, the COLT
NTY shall
issue a letter requesting and describing the requested services to the CONSULTANT.
The CONSULTANT shall respond with fee propos to
Only after receiving an amendment to the A Perform the requested services.
COUNTY, shall the CONSULTANT proceed with t Additional Services. the
ARTICLE Iv
-(;DJL2JZY1L
4.1 The COUNTY shall provide fall information regarding
including physical location of work, county maintained roads quirements for the project
ads and maps.
4.2 The COUNTY shall designate Monroe Coun s S
t Y' ustainabiIity Office to act on the
COUNTY'S behalf with
respects to the Project- The COUNTY or Monroe County's
ustainability Office shall reader decisions
S is a timely manner Pertaining to documents
submitted by the CONSULTANT in order t
sequential progress of the CONSULTANTS service unreasonable delay in the orderly and
4.3 Prompt written notice shall be given by the COUNTY and its representative to
CONSULTANT if they become aware of any fault or defect in the Project or
nonconformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall fiunish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Consultants services and work of the contractors.
45 The COUNTY'S review of any documents
subconsultants shall be soIaly for the �� by the CONSULTANT or its
H consistent with the CO purpose of determining whether such documents arc
UNTY'S criteria, as, and icy modified. No review of such
documents shall relieve the CONSULTANT of r
fitness, suitability or coordination of its work product responsibility for the accuracy, adeq
4.6 The 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 requested.
Page 4 of Contract
ARTICLE V
5.1.1 The CONSULTANT covenants and agrees to ind
COUNTY Monroe County and Monroe County Board of Couttty nd Commiss�ers
from any and all claims for bodily injury, including den
Property damage, includin � �' p ersona l injury; and
g PmP�]► owned by Monroe County, and any other
losses, damages, and expenses, including attorney's f
expenses, which arise out o& in connection with, court costs and
, ar 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.
5.1.2 The first tea dollars ($10.00) of remuneration paid to the CONSULTANT is for
the indemnification provided for above. The extent of liability 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 lans and
provided by the CONSULTANT, the CONSULTANT agrees P and warrants that spect th n
shall hold the COUNTY harmless and shall in him iirnn all losses
es
Ocurring thereby and shall further defend any claim or action on the COUNTY'S
5.1.3 In the event the completion of the project (to include the work of others) is
delayed or suspended as a result of the CONS ULTANT'S to
maintain the required insurance, the CONSULTANT shall indenu CO�e or
from any and all increased expenses resulting from such delays. Should an
claims be asserted against COUNTY by virtue of any deficiencies or ambigui
the plans and specifications provide by the CONSULTANT the CONSUTANT
agrees and warrants that CONSULTANT hold the COUNTY harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claims
or action on the COUNTY'S behalf
5.1.4 The extent of liability is in no way limited to, reduced or lessened by the
insurance 1 eguirements contained elsewhere within the Agreement.
5.1.5 This indemnification shall survive the expirati or early termination of the
Agreement.
ARTICLE VI
6.1 PERSONNEL
The CONSULTANT shall assign only qualified
e on�g the Project. At the time of execution of this Agreement, noel to perform any service
that the following named individuals will the parties anticipate
perform those functions as indicated:
Page 5 of Contract
NAM
Wendy Blondin, P.G.
Mr. Michael Nardone, P.G.
Mr. Lance Lumbard, CLP
Ms. Charlene Stroehleo, PE
Mr. Stephen Hanks, PE
Ms.
Project Manager
Principal in Charge
Water Quality
Engineering
GIS Database Management
So Iong 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.
ARTICLE VII
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the
CONSULTANT'S performance of this Agreement the Total Lump Sum Amount
Of MAY Seven lbousand Seven H Twee Five Dollars UZJL5.o0 .
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities
set forth herein, the CONSULTANT shall be paid monthly, based on a percentage
Of completion.
(A) If the CONSULTANT'S duties, obligations and responsibilities are
materially changed by amendment to this agreement after execution of this
Agreement, compensation due to the CONSULTANT shall be equitably
adjusted, either upward or downward;
(B) As a condition precedent for any Payment due under this Agreement, the
CONSULTANT shall 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 hereunder. The
CONSULTANT'S invoice shall describe with reasonable
service rendered. The CONSULTANT'S invoice shall be accompani by
such documentation or data in support of expenses for which payment is
sought that the COUNTY may require,
(C) For the performance of the optional additional services and contingent
additional services described in Article III 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.
Page 6 OfCauft t
73 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses are not authorized under this CONTRACT.
7A BUDGET
7A1 The CONSULANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any flees or expenses in execs of the amount budgeted for this
Agreement in each fiscal year (October 1 - September 30) by COUNTY'S Board of
County Commissioners. The budgeted amount may only be modified by an affirmative
act of the COUNTY'S Board of County Commissioners.
ARTICLE VIII
8.1.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effe a 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 failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increases)
expenses resulting from such delay.
8.1.2 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 ofprocess within the State of Florida The insurance
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 insurer acceptable to the COUNTY and shall be in a farm
acceptable to the COUNTY.
8.1.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida,
sufficient to respond to Chapter 440 Florida Statutes.
B. Employers Liability Insurance with limits of $1,000,000 per Accident,
$1,000,000 Disease, policy limits, 51,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and ofbite
operations, and owned, hired or non -owned vehicles, with One Million
Dollars ($1, 000, 000.00) combiner) single limit and One Million Dollars
(51,000,000.00) annual aggregate.
Page 7 of Contract
D. Commercial general liability, including Personal Injury Liability insurance
covering claims for injuries to members of the public or damage to properly of
others arising out of any covered act or omission of the CONSULTANT or
any of its employees, agents or subcontractors or subeonsultants, 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 OccU rence Form policy is preferred. If coverage is changed to or
provided on a Claims Made policy, its provisions should include coverage for
claims filed on or after the effective date of this Agreement. In addition, the
period for which they may be reported must extend for a minimum of 48
months following the termination or expiration of this Agreement.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
claim and Two M Ilion Dollars ($2,000,000.00) annual aggregate. If the
Policy is a "claims made" policy, CONSULTANT shall maintain coverage or
Purchase a "tail" to cover claims made after completion of the project to cover
the statutory time Limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to
CONSULTANTS liabilities hereunder in k ummce coverage identified m
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insred u at
least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this
Agreement. COUNTY will not pay for increased limits insurance f
subconsultants. or
H. CONSULTANT shall provide to the COUNTY certificates of insurance r
will make copies of policies available for County to review including o
those naming the COUNTY as an additional insured by including any
subsection hereunder.
I. If the CONSULTANT participates in a self insunmce frod, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required
to submit updated financial statements from the fund upon request from the
COUNTY.
&2 APPLICABLE LAW
This comet is governed by the laws of the State of Florida. Venue for an liti
arising under this contract must be in Monroe Co unty, Florida Y $titian
.
pqp 8 of t.m&wt
ARTICLE IX
SCELLA 01M
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, 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.
9Z OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this Agreement
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONSULTANT, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
P�gmph shall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply with all of the provisions of this Agreement.
Subject to the provisions of the immediately proceeding sentence, each party hereto binds
itself; its successors, assignees and legal representatives to the other and to the
successors, assigns and legal representatives of such other party. The CONSULTANT
shall not assign its right hereunder, excepting its right to payment, nor shall it delegate
any of its duties hereunder without the written consent of the COUNTY.
9.4 NO TffiRD PARTY BENEFICIARIEg
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor o& any third par
9.5 TERMINATION
A. 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 (5) days
written notification to the CONSULTANT,
B. The COUNTY may terminate thus Agreement without cause by giving the other party
sixty (64) days written notice of its intention to do 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 RFQ, the
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documents referred to in the Form of Agreement as a part of this Agreement, and the
attachments and modifications made after execution by written amendment. In the event
any conflict between any of those Agreement documents, the one imposing the greater
burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been place on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts 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 submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes), Violation of this section shall result in termination of this Agreement and
recovery of all moneys paid hereto, and may result in debarment from COUNTY'S
competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit that it or any subconsultant has committed an act
defined by Section 287.133, as "public entity crime", and that it has not been formally
charged with committing an act defined as a `public entity crime" regardless of the
amount of money involved or whether CONSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
'consultant is formally charged with an act defined as a `public entity crime" or has
been Placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
Performance under this Agreement in accordance with generally accepted accounting
Principles consistently applied. Records shall be retained for a period of five years from
the termination of this Agreement. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to CONSULTANT
Agreement were spent for purposes not authorized b p to this
y this Agreem t reement, the
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CONSULTANT shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to County.
9.9 GOVERNING LAW, VMMI INTERPERTATION, COST AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative pr° c eedmg is instituted for the
enforcement or interpretation of this A
greement, COUNTY and CONSULTANT agree
M onroe that venue will lie in the 10 Judicial Circuit, Monroe County, Florida, in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. This Agreement shall not be subject to arbitration. The County and
CONSULTANT agree that, in the event of conflicting interpretations of the tunny or a
term of this Agreement by or between any of than the issue shall be submitted to
mediation prior to the institution of any other administrative or Iegal proceeding
9.10 SEVERABELUV
1£ an y tom, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby, and each remaining tern,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative Procee'ding is initiated or defended by any patty relative to the
enforcement or interpretation of this Agreement, the prevailing
reasonable attorney's fees and court costs gains
PAY shall gains
entitled to
prevailingparty, and shall include attorney's expenses, as an award a t the non -
fees and courts costs expenssm in appellate
legs, as an award against the non prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary, procedures rewired by the
circuit court of Monroe County.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
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9.13 AUTEJORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be., and is, empowered to apply far,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREE
COUNTY and CONSULTANT agree that all disputes and disagreements shall be,
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. l'f no resolution can be agreed upon within 30 days after the Erst meet and
confer session, the issue ar issues shall be discussed at a public meeting of of o
the Hard of
County Commissioners. If the issue or issues are still not resolved to the satisfation
the parties, then any party shall have the right to c
seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted a
relating to the formation, execution, against either party
COUNTY and CONSULTANT a performance' °f this Agreement,
agree to participate, to the extent required by the other
party, m all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall
be
required to eater into any arbitration proceedings related to this Agreement.
9.17 NON DISCREMATION
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jwisdtctron that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any partX effeetive the date of the court order.
CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which
prohibits disc in7iaation on the basis of race, color or national Origin; 2) Title 1X of the
Education Amendment of 1972, as amended 20 USC ss. 1681-1683, and which prohibits discaiminatian on the basis of ex, 3) Section 504 of the Rehabilitation
Page I2 of Contract
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6I01 -6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 19I2, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 120I Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability, I0) Any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject matter of;
this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY 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
receive benefits as recited in this Agreement
9.19 CODE OF ETHICS
COUNTY agrees 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 112313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency, unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
9.20 NO SOLICTTAjTON/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee
worldng solely for it any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or malting of this Agreement. For the breach
or violation of the provision, the CONSULTANT agrees that the COUNTY shall have
the right to terminate this Agreement without liability anti, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
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9.21 PUBLIC ACCESS
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CONSULTANT and COUNTY in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
9.22 NON - WAIVER OF EMMIUNPTY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance wverage, self- insurance coverage, or Iocal government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
9.23 PRIVILEGES AND D4M'UNITy
All of the privileges and immunities firm liability, exemptions from laws, ordinances,
and rules and pensions and relies; disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective fimctions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by Iaw except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9.25 NON - RELIANCE BY NON PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
Page 14 of Contact
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTATION
CONSULTANT agrees to execute such documents as the COUNTY may reasonably
require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto
shall be adjusted to exclude significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end
of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal Iiability or
accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart-
ITHIS SPACE INTENTIONALLY LEFr BLANK]
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IN WITNESS WHEREOF, each party caused this Amt to be executed by its duly
authorized representative on the day and year first shove written.
(SEAL)
Attest: CLERK
BOARD OF COUNTY COMM MSIONERS
OF MONROE COUNTY, FLORIDA
By: _ sA
Deputy Clerk
Date: i
B
Mayor/Chairman
MONROE COUNTY ATTORNEY
APPROVED AS F I:
NATILEENE W. CASSEL
ASSISTANT COUNTY ArToRNEY
Dale
BY
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(Seal) AMEC ENVIRONMENT &