Item O6 o.s
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: 0.6
Agenda Item Summary #6662
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING: Approval to enter into Amendment No 3, under the on-call
contract with Wood Environment & Infrastructure Solutions, Inc. for Category B canal
infrastructure engineering services, to incorporate Florida Department of Emergency Management
(FDEM)provisions such that FDEM funding may be applied to work under this Agreement.
ITEM BACKGROUND: The original agreement needs to be amended to incorporate Florida
Department of Emergency Management (FDEM) provisions so that FDEM funding may be applied
under this agreement.
PREVIOUS RELEVANT BOCC ACTION FOR AMENDMENTS:
08/17/16: Approval to advertise on call professional engineering services for the canal restoration
program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal
Infrastructure Engineering Services for Projects and Category C — Environmental Engineering
Services.
12/14/16: Approval to negotiate on-call contracts with Amec Foster Wheeler, Inc. and Tetra Tech
Inc, the two highest ranked respondents for Category B - canal infrastructure engineering services.
03/15/17: Approval to enter into a $0 on-call contract with Amec Foster Wheeler, Inc. for Category
B canal infrastructure engineering services.
12/31/17: Approval to enter into a $0 Amendment No. 1, under the on-call contract with Amec
Foster Wheeler, Inc. for Category B canal infrastructure engineering services, to add the federal
contract provisions required for reimbursement by FEMA for Hurricane Irma related services.
06/20/18: Approval to enter into Amendment No 2, under the on-call contract with Amec Foster
Wheeler Environment and Infrastructure, Inc. for Category B canal infrastructure engineering
services, to formally change their name to Wood Environment & Infrastructure Solutions, Inc.,
retroactive to April 16, 2018.
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CONTRACT/AGREEMENT CHANGES:
FL DEM Clauses
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Wood Amend 43 Cat B Continuing Eng Contract
FINANCIAL IMPACT:
Effective Date: March 18, 2020 Expiration Date: N/A
Dollar Value of Amendment 3: $0 Total Cost to County: $0
Budgeted: N/A
Source of Funds: N/A CPI: No Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: O&M Costs
Revenue Producing: No If yes, amount: N/A
Grant: No County Match: N/A
Insurance Required: No Additional Details:
REVIEWED BY:
Rhonda Haag Completed 02/28/2020 5:09 PM
Pedro Mercado Completed 02/28/2020 5:11 PM
Budget and Finance Completed 02/28/2020 5:20 PM
Maria Slavik Completed 03/02/2020 9:32 AM
Kathy Peters Completed 03/02/2020 4:39 PM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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0.6.a
AMENDMENT NO. 3 TO THE CONTRACT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY B
CANAL INFRASTRUCTURE ENGINEERING SERVICES
THIS AMENDMENT NO. 3, dated this 18th day of March, 2020 is entered into between
the County and the CONSULTANT, to the Contract For On Call Professional Engineering
Services for Category B Canal Infrastructure Engineering Services, dated the 15th day of March
2017, as amended December 13, 2017 and June 20, 2018 by and between Monroe County Board —�,
of County Commissioners, hereinafter referred to as "COUNTY," and Wood Environment &
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Infrastructure Solutions, Inc., hereinafter referred to as "CONSULTANT".
WITNESSETH:
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WHEREAS, the parties entered into an agreement for on call engineering services on the U
15t1'day of March 2017 hereafter"original agreement'; and
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WHEREAS, the parties entered into the 1st amendment to the original agreement on ci
December 13, 2017 to amend the original agreement to incorporate the federal provisions such
that federal funding may be applied to work under this agreement; and
WHEREAS, on June 20, 2018 the parties entered into the 2nd amendment to the original
agreement to confonn the name on the original agreement between the parties to reflect
CONSULTANT's new corporate name, Wood Environment & Infrastructure Solutions, Inc.; and
WHEREAS, the parties wish to amend the original agreement to also incorporate Florida
Department of Emergency Management (FDEM) provisions such that FDEM funding may be
applied to work under this agreement;
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NOW, THEREFORE, in consideration of mutual promises, covenants and contracts
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
Section 1. Article 9.8 MAINTENANCE OF RECORDS is amended to read as follows:
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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 seven (7) years from the
termination of this agreement or for a period of five (5) years from the submission of the final
expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or
Page 1 of Amendment No. 3
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its authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the tern of the Agreement and
for seven (7) years from the terinination of this agreement or for a period of five (5) years from
the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. If an
auditor employed by the COUNTY or Clerk detennines that monies paid to CONSULTANT
pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together
with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
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Section 2. Article XI ADDITIONAL FEDERAL CONTRACT REQUIREMENTS is
hereby added to the contract as follows:
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11.1 Access to Records: CONSULTANT and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
Department of Homeland Security (DHS) and the Federal Emergency Management Agency's
(FEMA) access to records, accounts, documents, information, facilities, and staff.
CONSULTANT must;
1. cooperate with any compliance review or complaint investigation conducted by DHS
2. Give DHS access to and the right to examine and copy records, accounts, and other
documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by
DHS regulations and other applicable laws or program guidance. U
3. Submit timely, complete, and accurate reports to the appropriate DHS officials andCD
maintain appropriate backup documentation to support the reports.
11.2 DHS Seal, Logo and Flags: CONSULTANT shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval. T
11.3 Changes to Contract: CONSULTANT understands and agrees that any cost resulting from a
change or modification, change order, or constructive change of the agreement must be within
the scope of any Federal grant or cooperative agreement that may fund this Project and be
reasonable for the completion of the Project. Any contract change or modification, change order 0
or constructive change must be approved in writing by both the COUNTY and CONSULTANT.
11.4 The CONSULTANT is bound by the terns and conditions of the Federally-Funded
Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency
Management (Division) found on the Monroe County web page through the following link:
http://www.monroecountv-fl.Gov/Do cum entCenter,/View/22883/DEM-Agreement
Page 2 of Amendment No.3
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11.5 The CONSULTANT shall hold the Division and COUNTY hannless against all claims of
whatever nature arising out of the CONSULTANT's performance of work under this Agreement,
to the extent allowed and required by law.
Section 3. All other provisions of the Contract for On Call Professional Engineering Services
for Category B Canal Infrastructure Engineering Services, dated the 15th day of March 2017, as
amended December 13, 2017 and June 20, 2018 not inconsistent herewith, shall remain in full
force and effect.
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IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 3 to be executed
by its duly authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By: —
Deputy Clerk Mayor/Chainnan ti
Date:
WOO ENVIRONMENT & INFRASTRUCTURE
SOLUTIONS, INC.
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Print name: v ,
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STATE OF: �
COUNTY OF: q ~-,E! E
Subscribed and sworn to (or affirmed)before me, by means of ] physical presence or ❑ online
notarizatiotl,; n ��-Vak 0 2 0 (date) by &�4 k- " 7 c (name of e
affiant). e/ he is person wnme),:6 to or has produced (type of
identificon) as identification. - a�
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,` EXPIRES: 20,2023
'1Aw BWedrs„Notwy Pikk WIMMOM My Commission Expires:
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