1. 1st Amendment 10/21/2020 =a°'�=°' Kevin Madok, CPA
..: Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: October 26, 2020
TO: Judith Clarke, PE, Director
Engineering/Roads& Bridges
ATTN: "FylerJackson, Project Manager
` I
FROM: Pamela G. HaileM ' .C.
SUBJECT: October 21st BOCC Meeting
Attached is an electronic copy of die following item for your handling:
C42 I Amendment to Agreement with WSP USA, Inc. for continuing service contract
to add hourly rates for Construction Engineering and Inspection (CEI) Services; and Task Order
in the amount not to exceed $519,434.49 for CEI Services for the replacement of Sugarloaf
Boulevard Bridge No. 904153. This task order is being procured in accordance with continuing
service contact with WSP USA, Inc. entered into January 17, 2018.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AMENDMENT 1 TO THE CONTRACT FOR ONCAI I PROFESSIONAL FNOINFFRING SFRVICFR
JWFTWFFN MONROF COUNTY ROCC AND WSP USA Inc
THIS AMENDMENT 1 to the CONTRACT Is entered into this 1st day of October onon between Monroe County,
whose address is 1100 Simonton Street,Room 2-216 Key West,Florida 33040,hereafterthe"COUNTY"and WSP USA Inc.,
a Corporation of the State of New York, whose address is 7650 Corporate Center Drive, Suite 300, Miami, FL 33126,
hereafter referred to as"CONSULTANT".
• WHEREAS,on the l7th day of January 2018,the parties executed a contract authorizing the Consultant to perform
On Call Professional Engineering Services;and
WHEREAS,the On Call Professional Engineering Services Agreement did not include the rates for Construction
Engineering Inspection(CEI)Project Administrator and CEI Inspector;and
WHEREAS, the County and Consultant have negotiated fair and reasonable hourly rates for the CEI Project
Administrator and CEI Inspector job classifications in accordance with the Consultants Competitive Negotiation Act(CCNA)
and are hereby added by this amendment to the original agreement to allow the Consultant to perform CEI services
contemplated under the On Call Professional Engineering Services Agreement;
WHEREAS, this amendment also updated standard terms and conditions in accordance with F.S. 287.135
regarding scrutinized companies, adds the Right to Audit language, corrects the nondiscrimination provisions and adds e-
verify language per F.S.
NOW THEREFORE, in consideration of the mutual promises contained herein,the COUNTY and CONSULTANT
agree to amend the agreement as set forth below:
1. Article VII,Compensation, Paragraph 7.1.1 of the contract,is amended as follows:
Add the following Job Classifications and Hourly Rates:
I Job Classification Hourly Rate
CEI Project Administrator $132.27
CEI Inspector $78.69
2. Article IX MISCELLANEOUS,9.17 NONDISCRIMINATION is amended to read as
follows:
9.17 NONDISCRIMINATION
The parties 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 on the part of any party,effective the date of the court order.The
parties 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 VII of the Civil Rights Act of 1964(PL 88-352),which prohibit
discrimination in employment on the basis of race,color, religion,sex,and national
origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC
§§ 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§794),which
prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of
1975, as amended(42 USC§§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,§§ 523 and 527(42 USC§§690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records;8)Title VIII of the Civil
Rights Act of 1968(42 USC§§3601 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§§ 12101).as amended from time to time, relating
to nondiscrimination in employment on the basis of disability; 10)Monroe County
Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color,
sex,religion,national origin,ancestry,sexual orientation,gender identity or
expression,familial status or age; and 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.
3. Article IX MISCELLANEOUS, 9.5 TERMINATION is amended to add the following:
C. For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section
287.135(5), Florida Statutes or has been placed on the Scrutinized Companies
that Boycott Israel List,or is engaged in a boycott of Israel,the County shall have
the option of(1)terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a),Florida Statutes,or(2)maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes,are met.
D. For Contracts of$1,000,000 or more,if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5),
Florida Statutes,or if the Contractor/Consultant has been placed on the
Scrutinized Companies with Activities in the Sudan List,the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List,or been
engaged in business operations in Cuba or Syria,the County shall have the
option of(1)terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a),Florida Statutes,or(2)maintaining the Agreement if the
conditions of Section 287.135(4),Florida Statutes,are met.
4. Article IX MISCELLANEOUS, 9.8 MAINTENANCE OF RECORDS is amended to add
the following:
Right to Audit
Availability of Records.The records of the parties to this Agreement relating to the
Project,which shall include but not be limited to accounting records(hard copy, as well
as computer readable data if it can be made available; subcontract files(including
proposals of successful and unsuccessful bidders,bid recaps, bidding instructions,
bidders list,etc);original estimates;estimating work sheets;correspondence;change
order files(including documentation covering negotiated settlements);backcharge logs
and supporting documentation;general ledger entries detailing cash and trade
discounts earned,insurance rebates and dividends;any other supporting evidence
deemed necessary by COUNTY to substantiate charges related to this agreement,and
all other agreements,sources of information and matters that may in COUNTY's
reasonable judgment have any bearing on or pertain to any matters, rights,duties or
obligations under or covered by any contract document(all foregoing hereinafter
referred to as"Records)shall be open to inspection and subject to audit and/or
reproduction by COUNTY's representative and/or agents of COUNTY.COUNTY may
also conduct verifications such as, but not limited to,counting employees at the job
site,.witnessing the distribution of payroll,verifying payroll computations, overhead
computations,observing vendor and supplier payments, miscellaneous allocations,
special charges,verifying information and amounts through interviews and written
confirmations with employees,Subcontractors,suppliers,and contractors'
representatives.All records shall be kept for seven(7)years after Final Completion.
5. Article IX MISCELLANEOUS,is amended to add the following:
9.32 E•Verify System
Beginning January 1.2021, in accordance with F.S.448.095,the Contractor and any subcontractor shall register
with and shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the work authorization
status 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 work authorization status of all new employees
hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ,contract with,or subcontract with an unauthorized alien.The Contractor shall
comply with and be subject to the provisions of F.S.448.095
6. In all other respects,the Contract dated January 17,2018 remains in full force and effect.
In WITNESS WHEREOF,each party hereto has caused this contract to be executed by its duly authorized
representative.
BOARD OF COUNTY COMMISSIONERS OF WSP USA Inc.
MONROE COUNTY, LORIDA Consultant
yitoryddln
n wUM
MNC,
%: A7!/In6�/I'/ a,..;. .CS.•E„
~" - hair F- TITLE: Vice President/Sr.Area Manager
W/ j`� The foregoing instrument was acknowledged before me
ADOK,Clerk this 6th day of October 2020,by
/ Ronald M. Colas
.. / A
: -_ aa1Wr Who is(Xensela ally known itoo ,+ oykNldf 11Nddddcthfa
Clerk aaverk.AoensaaaideMiNsaNwa:+
r
N TA Y PUB IC, S OF FLORI DONNA KNAPP
MYOOMpelONi00p11N
` Bsa`DONREStli_IT,EN
nbv tM1WUgaraWs
Print,type of stamp commissioned name of notary
MONROE Camrr A1TOfNIY
ill
A,
CauSINE CIMaC r.awnws
A AA' ire AirOOIEY Amendment 1-WSP USA Inc.-On-Cal Professional Eng Svcs
920_
-. a
N
t-
.yI
rV _1
-$ (1)
Y :1
_ = 0
O
t =J
o