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2nd Amendment 04/19/20186 e� ��Ufi GSiVT Clerk of the Circuit Court & Comptroller = Monroe County, Florida DATE: May 11, 2018 TO: Ann Mytnik, Sr. Contracts Administrator Project Management Tammy Sweeting Executive Assistant FROM: Pamela G. Hancock, D.C. SUBJECT: April 19 BOCC Meeting Attached is an electronic copy of the amendments listed below for your handling. C13 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bender & Associates Architects, P.A. C14 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Amec Foster Wheeler Environment & Infrastructure, Inc. C16 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Currie Sowards Aguila Architects, Inc. C15 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with Bermello, Ajamil & Partners, Inc. C17 Second Amendment to the Consultant Agreement for Professional Architectural and Engineering Services with William P. Horn, Architect, P.A C26 First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Perez Engineering and Development, Inc. C27 First Amendment to the Continuing Professional Engineering and Surveying Services Agreement with Thompson Youngross Engineering Consultants, LLC, Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST 5010 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 -289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 SECOND AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This Second Amendment ( "Amendment') made and entered into this 19 day of April 2018, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "County ", through the Monroe County Board of County Commissioners (`BOCC "), AND Amec Foster Wheeler Environment & Infrastructure, Inc., whose address is 5845 NW 158 Street, Miami Lakes, Florida, 33014, its successors and assigns, hereinafter referred to as "Consultant' or "Contractor ", WITNESSETH: WHEREAS, on the 18th day of March 2015, the parties entered into a Consultant Agreement for Professional Architectural and Engineering Services ( "Agreement'), pursuant to Florida Statute Sec. 287.055 (2) (g) to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million and 00 /100 Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00); and WHEREAS, on the 18 day of January 2017, the First Amendment to the Agreement was approved revising Public Records compliance language in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to § 119.070 1, which became effective March 8, 2016, and any subsequent changes thereto; and WHEREAS, County desires to add required Federal Contract Provisions to its contracts and/or agreements; and WHEREAS, County desires to include an article in the Agreement establishing a timeline for performance and cost estimating requirements; and WHEREAS, Consultant agrees and consents to such revisions in its Agreement to ensure Federal Required Contract Provision requirements and a timeline for performance and cost estimating requirements; and 1 WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the Federal Required Contract Provisions and the timeline for performance and cost estimating requirements; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Article IX, Paragraph 9.5 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to herein as "Contractor" for the Federal Required provisions: 9.5 TERMINATION A. In the event that the CONTRACTOR 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 CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available 2 to recoup monies paid under this Agreement, including the right to sue for breach of r contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2 -721 et al. of the Monroe County Code. 2. Article IX, Paragraph 9.18 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.18 ; NONDISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY A. 'CONTRACTOR 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 jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation 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. 6101 -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 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of 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. 1201 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. 3 Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix H, ¶ C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 4 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3. Article IX, Paragraph 9.30 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts, including but not limited to 2 C.F.R. §200.321. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible 5 i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, . into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 4. The Agreement is hereby amended to include the following identified as Article IX, Paragraphs 9.31, 9.32, and 9.33, Federal Contract Requirements, wherein the aforementioned "Consultant" is also referred to as "Contractor" for the Federal Required provisions: 9.31 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its sub - contractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 9.31.1 Clean Air Act and the Federal Water Pollution Control Act CONTRACTOR ,agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act ,as amended (33 U.S.C. 1251 -1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 9.31.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148) When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146 - 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must 0 be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.31.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708 Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These 7 requirements do not apply to the purchases of'supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.31.4 Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.5 Clean Air Act (42 U.S.C. 7401 - 76718.), Water Pollution Control Act (33 U.S.C. 1251 -1387) as amended Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 9.31.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at - 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.31.7 Byrd Anti- Lobbying Amendment (31 U.S.C. 1352) CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. F-1 9.31.8 Compliance with Procurement of recovered materials as set forth in 2 CFR 200.322 CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements ,of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory ,level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA - designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https: / /www. epa.gov /smm/ comprehensive - procurement - guideline -cpg- program. 9.31.9 Americans with Disabilities Act of 1990 (ADA), as amended The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.31.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.31.11 Fraud and False or Fraudulent or Related Acts The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 9.31.12 Access to Records The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 9 (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 9.31.13 Federal Government not a party to contract CONTRACTOR acknowledges that 'the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.31.14 Department of Homeland Security (DHS) Seal, Logo, and Flags The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre - approval. 9.31.15 Compliance with Federal Law, Regulations, and Executive Order This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.32 The CONTRACTOR is bound by the terms and conditions of the Federally- Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division). 9.33 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extend allow and required by law. 5. The Agreement is hereby amended to include the following identified as Article IX, Paragraph 9.34, Time for Performance/Baseline Schedule /Cost Estimates: 9.34 TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 10 9.34.1 SCHEDULING REQUIREMENTS 1. Baseline Schedule 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress 11 the project in accordance with the milestone dates established in the Baseline Schedule. Such action on the part of the CONSULTANT shall be considered non- performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 3. Project Development Process i 3.1 Preconstruction activities should at a minimum include the following elements as applicable. PROJECT DEVELOPMENT PROCESS Task Name Milestone Date Comments Contracting Phase Issue Notice to Proceed Pro rammin g and Design Phase Submit Final BOD and OPR BOCC Approval of Programming Document Conduct Site Plan Meeting Submit Site Plan for Approval Receive Site Plan Approval Approved Schematic Design Documents Approved Design Development Documents 30% Approved 60% Construction Documents Approved 90% Construction Documents Approved 100% Construction Documents Bid and Permit Phase Approved Building Permits Posting of Notice of Request for Competitive Solicitation Conduct Pre -Bid Meetin Bid Openin BOCC Approval of Construction Contract Issue Notice to Proceed to Construction Contractor Construction Phase Conduct Pre - Construction Meeting Obtain Substantial Completion Obtain Final Completion Process Final Closeout Documents 12 3.2 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. «t b 9.34.2 COST ESTIMATING REQUIREMENTS = Q n .�. o c-> 1.1 Baseline Cost Estimates C - ) -n °l 1.1.1 Following the Notice to Proceed for this Contract, the CONSUMANT WA review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 6. 'All other terms and conditions of the Consultant Agreement for Professional Architectural and Engineering Services dated March 18, 2015, and as amended on January 18, 2017, shall remain in full force and effect. S WHEREOF, each party has caused this Amendment to be executed by its duly on the day and year first above written. MADOK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA f'r4 rn cz o.� c By: f-10 T Mayor /Chairman ° 4 1 19 1 z° l y ibNFIOR COUNTY ATTO�RNEEY''S OFFICE 13 e�y��®VED� STQFOR PA` RICIA EABLES A E I5TANT OU N I,1 OR JATt: - M MAGGIE PROENZA - KANAKIS (SEAL) ` Sa °oary.` Attest:; s Notary Public -State of Florida '- : My Comm. Expires Mar 20, 2019 ' * Commission # FF 179176 OF W Bonded through National Notary Assn. Witnesses to onsu tant: izQ ✓�' ` �/ Print Name Date Title: J"4 A.s toy, A vTv- 46Llk5 Print Name Date Title: P 0 ��� r'10 AA CONSULTANT: AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. r� Q $ Print Name Date Title: 14 M .i ACbR o® CERTIFICATE OF LIABILITY INSURANCE DATE 04 /1 7/ 20 17 vY) 04/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1 -908- 566 -1010 CONTACT NAM E: Lauren Bowman Construction Rick Partners PfBLC Ng�EI[U: 908- 566 -1010 c,go 908- 566 -1020 a JLT Group Company E-MAIL Campus View Plaza ADDRESS amecfw @constructionrinkpartners.com _ _ INSURER(S) AFFORDING COVERAGE NAIC0 1250 Route 28, Suite 201 INSURERA:ACE AMER INS CO 22667 Branchburg, NJ 08876 INSURED INSURERS: ZURICH AMER INS CO 16535 Amec Foster Wheeler Environment & Infrastructure, Inc. INSURER C AMERICAN ZURICH INS CO 40142 INSURERO: 5845 MW 15Bth Street INSURER E INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: Miami Lakes, PL 33014 1 COVERAGES CERTIFICATE NUMBER: 49723256 REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE B EEN REDUCED BY PAID CLAIMS. -- - --- __, 11DDCS[Fbii -- - PDL{CY EFF' - POLICY 16P LTR TYPE OF INSU IN5Di WVUI POLICY NUMBER I IMM ga!YYM MM10D LIMITS A X _ I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR AUTHORI2EDREPRESENTATIVE Rey West, FL 33040 HDO G27851162 05/01/17 05/01/18 EACHOCCURRENCE PREM ISES ) F - PREMISES jF oaunencal _ S 2.000, 100, S _ MED EXP (Any one person) S 30,000 S 2,000,000 PERSONAL &ADV INJURY_ GEN'L AGGREGATE LIMIT APPLIES PER: $ 4.000,000 GENERAL AGGREGATE POLICY a PRO- LOC JECT PRODUCTS- COMPIOPAGG -- S 4,000,000 S OTHER: f B AUTOMOBILE LIABILITY BAP 9483146 - 06 65/01/17 05/01/18 'COMBI S1NGL OMIT ..lEa acpdenl)_ _ -� S 1 X ANY AUTO i BODILY INJURY (Per person) I S -$ 1xx OWNE D s SCHEDULED AUTOS ONLY �� AUTOS PMED X NON -OWNED AUTOS ONLY AUTOS ONLY Comp $1, 60pX Coll $1,000 BODILYINJURY(Peraccident)j PROPERTYDAMAGE I (Par acddentI i I S Is UMBRELLAUAB I OCCUR I EACH OCCURRENCE S EXCESS LIA 1 CLAIMS -MAOE I I + I + I AGGREGATE S DED I RETENTIO I IS C C WORKERS COMPENSATION EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED7 (Mandatory In NH) Iles OF OPERATIONS below NIA WC 3504866 -16 WC 3867133 -10 05/01/17 05/01/17 OS /01 /1B 05/01/18 X TH- _ STATi1TE ER __ E.L.EA_CHACCIII'cNi E.L.DISEAS E L. DISEASE -P OLICY LIMIT I $ 1,000,000 1,000,000 S 1,000,000 B IArchitecte & Engineers Prof IEOC1008375 -02 05/01/17 05/01/18 Any One Claim /Agg 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mom space Is required) Re: Monroe County on call professional engineering services for canal planning and program management Project Start Date: Doc 14, 2016, Project End Date: Dec 13, 2020 Monroe County is an additional insured on the General Liability and Automobile Liability policies as required by written contract. 60 days notice of cancellation applies per policy provisions. 6 P V GEMENf CERTIFICATE HOLDER CANCELLATInN VJAfVF TI /A_2 "' ACORD 25 (2016/03) Nhuddy 49723256 ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street, Room 216 AUTHORI2EDREPRESENTATIVE Rey West, FL 33040 � n USA 1'. .J _ R ACORD 25 (2016/03) Nhuddy 49723256 ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD