Loading...
Item Q05 �S Q.J I`� County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Heather Carruthers,District 3 �1 `ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.�ff` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting November 17, 2020 Agenda Item Number: Q.5 Agenda Item Summary #7535 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 with Wood Environment & Infrastructure to extend the Contract time by one year to 12/13/2021 at no cost under the general project management services on-call contract for Category A canal master planning services. ITEM BACKGROUND: This Amendment No. 3 is to authorize a one-year time extension of the Category-A on-call canal master-planning services contract period end date from 12/13/20 to 12/13/2021. PREVIOUS RELEVANT BOCC ACTION: 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. 11/22/16: Approval to negotiate an on-call contract with Amec Foster Wheeler, Inc., the highest ranked respondent, for canal masterplan program planning services. 12/14/16: Approval requested to enter into an on call contract with Amec Foster Wheeler, Inc. for Category A canal masterplan program planning services. 12/14/16: Approval to enter into a $127,611.75 Task Order No. 1 to the on call contract With Amec Foster Wheeler, Inc. for Category A canal masterplan program planning services to implement a $110,582 grant from EPA for development of Phase IIIA of the canal master plan. 01/18/16: Approval to enter into a $14,556 Task Order No. 2 to the on call contract With Amec Foster Wheeler, Inc. for Category A canal program planning services to provide public outreach services to inform and engage the homeowners on canals 4266, 4287, 4290 and 483 regarding the MSBU's, the proposed program and the costs associated with the operations and maintenance of the Packet Pg. 2313 Q.5 air curtains. 02/15/17: Approval to enter into a not to exceed $12,480 Task Order No. 3 to the on call contract With Amec Foster Wheeler, Inc., for Category A canal program planning services, to provide assistance in preparing the grant applications for RESTORE, the Gulf Consortium and FDEP WQPP. 06/21/17: Approval to enter into a $49,775 Task Order 44 for general project management services under the on-call contract with Amec Foster Wheeler, Inc. for Category A canal master planning services. No new funds are required, as unused funds remaining from a previous AMEC contract are being reallocated to fund this Task Order. O1/17/18: Approval to enter into Task Order 4A for a 9 month time extension for Task Order 44 for general project management services under the on-call contract with Amec Foster Wheeler, Inc. for Category A services; plus an additional $15,000 of new funds for FEMA reimbursable services related to Irma; funded by unused funds remaining from a previous AMEC Task order that are being reallocated. 11/20/19: Approval and acceptance of a $149,995.00 revenue-based Grant Agreement No. X7- 01D00020-0 from the United States Environmental Protection Agency "EPA" for three canal planning projects to address water quality issues, canal management and sargassum management within canals in the Keys retroactive to November 04, 2019 with no local match required; and to ratify the Certificate Regarding Lobbying by Monroe County. 01/22/20: Approval to enter into Task Order 411 with Wood Environment & Infrastructure for three canal planning projects to address water quality issues, canal management and sargassum management within canals in the Keys in the amount of $149,995 which is 100% funded by the United States Environmental Protection Agency Grant X7-01D00020-0; under the general project management services on-call contract for Category A services. 09/16/20: Approval and acceptance of a no cost time extension Amendment No. 1 to Grant Agreement No. X7-01D00020-0 from the United States Environmental Protection Agency "EPA" for three canal planning projects to address water quality issues, canal management and sargassum management within canals in the Keys, extending the time from October 30, 2020 to December 31, 2020. CONTRACT/AGREEMENT CHANGES: 1-Year No Cost Contract Time Extension to 12/13/2021 STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment 3 - Category A On Call Canal Svsc Wood - 1 year time ext Insurance - John Wood Group PLC category A on-call canal masterplanning contract Fully Executed AMEC On Call Category A contract Packet Pg. 2314 Q.5 FINANCIAL IMPACT: Effective Date: Date of Execution Expiration Date: December 13, 2021 Dollar Value of Amendment No. 3: $0 Total Cost to County: $0 Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: N/A County Match: $0 Insurance Required: Yes Additional Details: 10/17/18 304-23000 - PHYSICAL ENVIRONMENT $0.00 REVIEWED BY: Rhonda Haag Completed 10/30/2020 1:01 PM Pedro Mercado Completed 10/30/2020 2:44 PM Purchasing Completed 10/30/2020 2:46 PM Budget and Finance Completed 10/30/2020 2:50 PM Maria Slavik Completed 10/30/2020 3:28 PM Liz Yongue Completed 11/02/2020 11:48 AM Board of County Commissioners Pending 11/17/2020 9:00 AM Packet Pg. 2315 Q.5.a AMENDMENT NO. 3 TO THE AGREEMENT FOR 0 ON CALL PROFESSIONAL ENGINEERING X SERVICES FOR CATEGORY A CANAL MANAGEMENT PROGRAM AND MASTER PLANNING SERVICES THIS AMENDMENT NO. 3, dated November 17, 2020, is entered into between the County and the CONSULTANT, to the Contract For On Call Professional Engineering Services For E Category A Canal Management Program and Master Planning Services, dated the 14t' day of December, 2016, as amended December 13, 2017 and June 20, 2018 by and between Monroe �C County Board of County Commissioners, "COUNTY," and Wood Environment& Infrastructure Solutions, Inc., "CONSULTANT". U) WITNESSETH: WHEREAS, the CONSULTANT has performed professional services satisfying the requirements of this Contract and; �t WHEREAS, the COUNTY will exercise its option to extend the Contract one year from December 13, 2020 to December 13, 2021; E 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 Wood Environment & Infrastructure Solutions, Inc. agree as follows: c� Section 1. Article 1.1 TERM OF AGREEMENT is amended to read as follows: 1.1 TERM OF AGREEMENT 1.1 The Contract is extended from December 13, 2020 to December 13, 2021. �t Section 2. Article 9.17 NONDISCRIMINATION is amended to read as follows: 0 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 E parry, 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 Page t of Amendment No. 3 Packet Pg. 2316 Q.5.a 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, 0 and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the X 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 E 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 �C 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 U) 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 ti W to the parties to, or the subject matter of, this Agreement. Section 2. Article 10.1 EQUAL EMPLOYMENT OPPORTUNITY is amended to read as follows: 10.1 EQUAL EMPLOYMENT OPPORTUNITY 0 During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), U) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C , agrees as follows: e( 1) The CONSULTANT will not discriminate against any employee or applicant for 0 employment because of race, color, religion, sex, sexual orientation, gender identity, or 2 national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated 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, a� demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates E of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to Page 2 of Amendment No. 3 Packet Pg. 2317 Q.5.a employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 0 X 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. E 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has �t 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 U) 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 �t investigation conducted by the employer, or is consistent with the CONSULTANT's legal ti W duty to furnish information. 4) The CONSULTANT 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 consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous c places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of U) September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT 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 0 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 CONSULTANT'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 CONSULTANT may be E 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 Page 3 of Amendment No. 3 Packet Pg. 2318 Q.5.a September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 0 X 8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT E will take such action with respect to any subcontract or purchase order as the a administering agency may direct as a means of enforcing such provisions, including �t sanctions for non-compliance; provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a U) result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. Section 3. Article 10.2.12 is hereby added to the contract as follows: �t 10.2.12 (2 C.F.R. § 200.321) Contracting with Small and Minority Businesses, Women's ti W Business Enterprises, and Labor Surplus Area Firms. a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. c b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and 0 women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which �? encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency E of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph(1)through(5) of this section. Page 4 of Amendment No. 3 Packet Pg. 2319 Q.5.a 0 x Section 4. Except as set forth in sections 1, 2 and 3 herein, all other provisions of the On Call Professional Engineering Services For Category A Canal Management Program and Master Planning Services, dated the 14th day of December, 2016, as amended December 13, 2017 and June 20, 2018, not inconsistent herewith, shall remain in full force and effect. E 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/Chairman Date: WOOD EVIRONMENT �? &INFRASTRUCTURE SOLUTIONS, INC. By: E Print name: p e v �5 Title: r�rr ® ®✓ c Date: 2-C STATE OF FLORIDA COUNTY OF / r` Subscribed and sworn to (or affirmed) before me, by means of Ckphysical presence or ❑ online notarization, on _ (date) byK f (name of afflant�e%She is tonally known jo me or has produced type of identification) as identification, and acknowledged that he/she is the person who executed the above Amendment #3 to the On CD e Call Professional Engineering Services For Category A Canal Management Program and Master Planning Services. By: c E Nota c Print Name Iff �� , �� �N N My commission expires: Seal INYctSMMiSStlC278285 = P� 4F S M 20,2023 W&yftmt.,. Page S of Amendment No.3 Packet Pg. 2320 Q.5.b �-1 ® DATE(MM/DD/YYYY) '4 o CERTIFICATE OF LIABILITY INSURANCE 07/03/2020 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 tv 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 !v 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 CONTACT NAME: Aon Risk services Southwest, Inc. N Houston TX Office (A/CC.No.Ezt): (866) 253-7122 A/�No : (800) 363-0105 5555 San Felipe E-MAIL Suite 1500 ADDRESS: ®_ Houston TX 77056 USA t0 INSURER(S)AFFORDING COVERAGE NAIC# (, INSURED INSURERA: Zurich American Ins Co 16535 3WGUSA Holdings, Inc. INSURER B: ACE American Insurance Company 22667 and its subsidiaries and Affiliates M 17325 Katy Freeway INSURERC: AIG Specialty Insurance Company 26883 Houston TX 77084 USA cu INSURER D: American International Group UK Ltd AA1120187 (, INSURER E: INSURER F: f8 COVERAGES CERTIFICATE NUMBER: 570082898780 REVISION NUMBER: 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 cu 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 BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADOL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM N/DDYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLo484608500 07 01 2020 07 01 2021 EACH OCCURRENCE $2,000,000 CD CLAIMS-MADE OCCUR DAMAGE TO RENTED $100 000 PREMISES Ea occurrence MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 , GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY L ❑LOC PRODUCTS-COMP/OP AGG $4,000,000 cu OTHER: B AUTOMOBILE LIABILITY ISA H25301900 07/01/2020 07/01/2021 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) � OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS PROPERTY DAMAGE HIREDAUTOS NON-OWNED ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE LN 0 DED I RETENTION B WORKERS COMPENSATION AND WLRC67455708 07/01/2020 07/01/2021 X I PER STATUTE OTH EMPLOYERS'LIABILITY Y/N Work Comp- AOS U ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 B OFFICER/MEMBEREXCLUDED' N N/A SCFC67455745 07/01/2020 07/01/2021 (, (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 f yes, CL DESCRIPTION OF OPERATIONS below describe under E.L.DISEASE-POLICY LIMIT $1,000,000 0. DES CRIPTION D Archit&Eng Prof PSDEF2000726 07/01/2020 07/01/2021 Aggreagate Limit $5,030,000 Claims Made- Prof. Liab. Any one Claim $5,000,000=_ SIR applies per policy ter s & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) see attached addendum for Additional Named Insured Wood Companies. RE: Agreement for on Call Professional Engineering services for Category A Canal Infrastructure Engineering Services. Monroe County, its successors and assigns are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. a. N CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE �+ y POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA JL c(XXYO/92 ��GL/dQfG!/ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2321 AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED !� Aon Risk services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570082898780 CARRIER NAIC CODE See Certificate Number: 570082898780 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, N U FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# �? INSURER INSURER INSURER INSURER U ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. O U POLICY POLICY IN"SR ADDL SURR POLICY NTNIBER LLYIIIS LTR TYPE OF INSURANCE INSD WVD EFFECTIVE EXPIRATION _ DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) OTHER C Env contr Poll cPo12456119 07/01/2020 07/01/2021 Aggregate $5,000,000 claims Made- Poll. Liab. Limit SIR applies per policy to ms & Condit ons Per Loss $5,000,000 Limit U O O CL O U O O U U ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2322 AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services southwest, Inc. ]WGUSA Holdings, Inc. POLICY NUMBER See Certificate Number: 570082898780 CARRIER NAIC CODE See Certificate Number: 570082898780 ERRECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, N U FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance > Additional Named Insured — JWGUSA Holdings, Inc. Wood Group USA, Inc. wood Environment & Infrastructure solutions, Inc. AMEC Construction Management, Inc. cu I AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. cu Amec Foster Wheeler Energia, S.L.U. Amec Foster wheeler Industrial Power Company, Inc. Amec Foster wheeler Kamtech, Inc. Amec Foster Wheeler Martinez, Inc. cu Amec Foster wheeler North America Corp Amec Foster Wheeler Power Systems, Inc. Amec Foster wheeler USA Corporation O Amec Foster Wheeler Ventures, Inc. BMA Solutions, Inc. C E C Controls Company, Inc. 0 Cape Software, Inc. Foster wheeler Intercontinental Corporation CD Ingenious, Inc. Kelchner, Inc. MACTEC Engineering and Consulting, P.C. cu MASA Ventures, Inc. Mustang International , Inc. Rider Hunt International USA, Inc. RWG (Repair & overhauls) USA, Inc. Swaggart Brothers, Inc. Wood Design, LLC wood Group Alaska, LLC Wood Group PSN, Inc. wood Group UK, Ltd O wood Massachusetts, Inc. Wood Programs, Inc. cu O O CD cu CL CJ O O O O O cu O cu ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2323 Q.5.c MONROE COUNTY CLERK OF n p N January 9, 2017 Rhonda Haag, Director x Sustainability role is Pamela G. coc epty Clerk December 14, 2016 BOCC Meeting � Enclosed is a duplicate original of the following agenda items that were approved at the above-mentioned meeting . Item M4 On call contract with AMEC Foster Wiecler, Inc. for canal master plan program > planning services. — Item M5 Task Order No. I to the on call contractAidi AMEC Foster VvqiceIer, Inc. for Category A canal master plan program planning services to implement grant from EPA for development of Phase IIIA of the canal master plan. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney 0 Finance File 0 x Packet Pg. 2324 Q.5.c AGREEMENTFOR ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY A CANAL MANAGEMENT PROGRAM AND MASTERPLANNING SERVICES cv cv This Agreement ("Agreement")made and entered into this 14th day of December. 2016 by and c 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., its successors and assigns, a corporation of the State of Nevada,whose address is 5845 NW 158th Street, Miami Lakes, Florida 33014, hereinafter referred to as "CONSULTANT". E WITNES SETH: WHEREAS, COUNTY desires to employ the professional engineering services of y CONSULTANT for various County Canal Restoration Projects located in Monroe County,Florida and; > WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous ti projects in which construction costs do not exceed$2,000,000.00, and; WHEREAS,the professional services required by this Contract will be for services in the form of M a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period, and; WHEREAS, specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule,charges and payment conditions,and additional terms and conditions that are applicable to such Task Orders, and; 0 WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task U Order, and; WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described, and; WHEREAS, the CONSULTANT shall provide Category A Y comprehensive engineering consulting services to further the County's program and master planning of the Canal Restoration Program. Such consulting may include, but not be limited to, preparation of additional phases of the 75 Canal Management Master Plan or similar documents to assist the County in expanding its Canal Restoration Program; and WHEREAS, additionally,services may include public outreach, completion of grant applications for environmental, canal, or similar available grants, and similarly, implementation of the grants if awarded by the Grantor and approved by the County; Page ( 1 Packet Pg. 2325 Q.5.c NOW, THEREFORE,in consideration of the 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: ARTICLE 1 T- 0 1.1 TERM OF AGREEMENT 1.1 Except as noted below, this Agreement shall begin on the 101 day of December, 2016 and extend for a period of four (4) years to December 13, 2020. A one year extension may be authorized at the option of the COUNTY. 1.2 REPRESENTATIONS y executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.2.1 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 fully satisfied; 1.2.2 The CONSULTANT has become familiar with the potential Project sites and the local conditions under which the Work is to be completed. 1.2.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. In providing 0 services under this Contract, the CONSULTANT shall perform its services in a manner consistent with that degree of care and skill ordinarily exercised by LN 0 members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Upon notice to the CONSULTANT and by mutual agreement between the parties, the CONSULTANT will, without additional compensation, correct those services not meeting such a ti standard; 1.2.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.2.5 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 LU pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. Page Packet Pg. 2326 Q.5.c 1.2.6 At all times and for all purposes under this agreement the UONSULf'AN'1 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 of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. N N . .7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment der this agreement or with the provision of services or goods under this agreement. ARTI SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK E The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION O ,OMISSIONS,DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies,or conflicts in the work product of the CONSULTANT or its sub-consultants,or both. .3 NOTICE REQUIREMENT �i All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and 0 hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: LN 0 Ms. Rhonda Haag Director of Sustainability and Projects Monroe County ca 102050 Overseas Highway, Room 246 0 Key Largo, FL 33037 And: Mr. Roman Gastesi,Jr. Monroe County Administrator 1100 Simonton Street,Room 2-205 Key West, Florida 33040 For the Consultant: Mr. Michael Nardone 5845 NW 158th Street Miami Lakes, FL 33014 Page 1 Packet Pg. 2327 Q.5.c And r. Ricardo Fraxedas 5845 NW 1581h Street Miami Lakes, FL 33014 ADDITIONAL SERVICES ARTICLE III 3.1 Additional services are services not included in the Scope of Basic Services. Should the X COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services.COUNTY y ARTICLE IV -ru, r r_ 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads,maps. 4.2 The COUNTY shall designate a representative to act on the C;C)UNl'Y's behalf with respect to ci the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 0 4.3 Prompt written notice shall be given by the COUNTY and its representative to the 0 CONSULTANT if they become aware of any fault or defect in the Project or non- conformance 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 furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its sub-consultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such LU documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, -- fitness, suitability or coordination of its work product. 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 Packet Pg. 2328 Q.5.c ARTICLE V INDEMNIFICATION OLD HARMLESS .1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners,its officers and employees from liabilities, damages, losses and costs, including but not limited to, N reasonable attorneys' fees, to the extent caused by the negligence,recklessness,or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten 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 plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall finther defend any claim or y action on the CO 'S behalf. 5.3 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 COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONSULTANT,the CONSULTANT agrees and warrants that CONSULTANT shall 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. 5.4 The extent of' liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. LN 5.5 This indemnification shall survive the expiration or early tennination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: X FUNCTIONUJ NAME Michael Nardone, P.G. Principal-in-Charge Ricardo Fraxeas, P.E. Program Manager Greg Coming, P.E. Project Manager Stephen Hanks, P.E. Senior Engineer Jeremy Paris, PWS Senior Scientist Page 1, 5 Packet Pg. 2329 Q.5.c Paul Thornbury Program Advisor Wendy Blondin Program Advisor ully Herneyer Local Liaison/Outreach So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. X ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the E CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon d shown in Attachment A. . 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. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70,Florida Statutes. (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, 0 the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly LN rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: X LU a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing,but only to the extent and in the amounts authorized by Section 112.061,Florida Statutes; b. C o s t of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; Page 6 Packet Pg. 2330 Q.5.c 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive,and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract 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 T- Commissioners. X 7. .2 The CO 's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIH INSURANCE 81 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 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 increased — expenses resulting from such delay. ti 8.2 The coverage provided herein shall be provided by an insurer with an A.M.Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida.The coverage 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 form acceptable to the COUNTY. �? e 8.3 CONSULTANT shall obtain and maintain the following policies: 0 A. Workers' Compensation insurance as required by the State of Florida,sufficient to respond to Florida e Statute 440. LN 0 B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease,policy limits,$1,000,000 Disease each employee. 76 U C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to r- members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles,with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. e D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or sub- consultants,including Premises and/or Operations,Products and Completed Operations,Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000)per occurrence and annual aggregate. e An Occurrence 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 contract. In addition, the period for which claims may be reported must extend for a Page 7 Packet Pg. 2331 Q.5.c minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million 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. 0 F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its sub-consultants to be adequately insured 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 l is of insurance for sub- consultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. cn e I. If the CONSULTANT participates in a self-insurance fund, 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. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS �? e Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the 0 interpretation of any provision of this Agreement. 0 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS a, 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. In the event that COUNTY makes use of said documents on a project or projects not covered under this Contract, without CONSULTANT'S express written consent, such use shall be at the sole discretion,liability, and risk of the COUNTY. 9.3 SUCCESSORS AND ASSIGNS e X The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in LU writing and with the prior written approval of the Board of County Commissioners for Monroe County 75 and the CONSULTANT, which approval shall be subject to such conditions and provisions as the .. Board may deem necessary. This paragraph 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 preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. Page 18 Packet Pg. 2332 Q.5.c 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. N N X A. In the event that 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 days written notification to the CONSULTANT. 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. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Agreement (Articles I-IX), > the CONSULTANT'S response to the RFQ, the documents referred to in the Agreement as a part of — this Agreement, and Attachment A,and modifications made after execution by written amendment. In ti the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed 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 c 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 monies 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 sub-consultant has committed an act defined by Section 287.133, Florida Statutes, as a "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 CONUUULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub-consultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. Page 19 Packet Pg. 2333 Q.5.c 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 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 term of the X 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 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. 9.9 GOVERNING LAW,VENUE,INTERPRETATION,COSTS,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 proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the Sixteenth Judicial c? Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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 required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision ot` 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 term, covenant, condition and provision of this Agreement shall c 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 ATT EY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees,court costs,investigative, _ and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's U. fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit Page 1 10 Packet Pg. 2334 Q.5.c of the COUNTY CONSULTANT and their respective legal representatives, successors, and assigns. . 3 AUTHORITY N Each parry 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 for, 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 DISAGREEMENTS 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. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parries,then any party shall have the right to 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 against either party relating to the formation, execution,performance,or breach of this Agreement, COUNTY and CONSULTANT agree to participate,to the extent required by the other party, in all proceedings,hearings,processes,meetings, LN and other activities related to the substance of this Agreement or provision of the services under this c Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION 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 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. CONSULTANT agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include LU but are not limited to: 1) Title VI 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 E 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 Page 1111 Packet Pg. 2335 Q.5.c 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 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. 1201 Note), as may be amended from time to time,relating to nondiscrimination N on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,national origin, ancestry, sexual orientation, gender identity or expression, familial status or 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. 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 112.313,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 SOLICITATIONIPAYENT 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 working solely for it, any fee, commission, c percentage, gift, or other consideration contingent upon or resulting from the award or making 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 and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC RECORDS COMPLL4NCE. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The Contractor shall allow the LU COUNTY reasonable access to,and inspection of,all documents,records,papers,letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, upon request by the County in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party,be entitled to reimbursement of all attoey's fees and costs associated with that proceeding.This provision shall survive any termination or expiration Page 112 Packet Pg. 2336 Q.5.c of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the E records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the y County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are _ exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County,but if the County does not possess the requested records,the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 0 9.22 NON-WAIVER OF IMMUNITY 0 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 coverage,self-insurance coverage,or local 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. LU 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, 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 LU their respective functions 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 Page 113 Packet Pg. 2337 Q.5.c it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law 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. 0 .25 NON-RELLANCE 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 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 NEGOTIATION > CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a y 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 any 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. 0 9.27 NO PERSONAL LIABILITY 0 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 U member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability 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. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBEs, 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 W Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT 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 Page 1 14 Packet Pg. 2338 Q.5.c ensure that the 's have the opportunity to compete for and perforrn contracts.The COUNTY and the CONSULTANT 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. 9.30 PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY 2 NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. X IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly ed representative on the day and year first above written. ; # ' Y COMMISSIONERS E ET , Clerk OF MONROE COUNTY,FLORIDA Al } y By: , Deputy Clerk Mayor/Chairman Date: j + ca .............................. 0 U (Seal) AMEC FOSTER WHEELER,INC. < Attest: LN E ° y:: Title: Title: CA04Vm � z] k ca µ� b ..,. m Pe 1 Packet Pg. 2339 Q.5.c ATTACHMENTA CONSULTANT RATES cv cv T- 0 w r9 0 u 0 Lu CD Packet Pg. 2340 Q.5.c ec Foster Wheeler Environment&Infrastructure, Inc. 2016 Schedule of Fees cv 0 1. Personnel A. Professional(Engineer,Geologist,Scientist and ProjectManagement) Staff I 71.00/hour Staff 11 77.00/hour Project 86.00/houur Senior 10 .0 /hour Principal/Project Manager 155.00/houur Senior Principal/Senior Project Manager 15 .00/houur Chief Engineer/Scientist 1 .00/hour ' B. Technical Services(Engineering and Science) CJ "Technician I 5.00/hour Technician 11 55.0 /houur Senior Technician I 60.00/hour Senior Technician 11 $70.001hour ProjectAdministrator/Project 75.00/hour Coordinator/Subcontract Administrator/Project �? Accountant Technical Writer/Docuurnent Production 76.0 /hour DD/I raftsperson (includes PC/CAD) I 66.00/hour CARD/Draftsperson (includes PC/CAD) 11 ' 101.00.hour dmin I 40.00/hour drain 11 52.00/hour c CJ C. Surveying Services tJ Field Surveyor i 5.00/hour 1=ield Surveyor 11 7. / our Survey Technician I 67. 0/hour Survey Technician 11 , 72.00/hour Survey Chief 7 ,00/houur � x D. Information Management LU Software Engineer .00/hounur Data Techn Man 13 .00 hOUr Senior Software Engineer 16 ,00/houur Business Analyst , 15a00houur Packet Pg. 2341 Q.5.c E. Contract Labor From time to time,Amec Foster Wheeler retains outside Professional and Technical labor on a cv temporary basis to meet peak workload demands. Such contract labor will be charged at 10%markup. 0 x II. Expenses r9 A. Travel Expenses 1. Transportation:Company pickup truck/personal vehicle, per mile—current allowable rate per County and Florida State Statutes a. Company pickup truck per day-$75.00 b. Common carrier or car rental multiplies by(to be the amounts authorized by Section 112.062, Florida Statutes 2. Per Diem Expenses:direct expenses in accordance with Florida State Statutes CJ B. Disposal of Hazardous Waste Samples Samples of waste will be disposed by permitted methods after a determination is made that the waste is defined by RCRA to be hazardous. Due to the requirements for some hazardous assessments,disposal and invoicing of incurred expenses may take place after invoicing of the originally contracted work. C. Equipment/Other Expenses (Does not include personnel) 0 U Digital Field Documentation Equipment(cameras, $75.0 /day(min 2 days Ater level& measuringtape,GPS units,etc.) o Geophysical Equipment(GPR Equipment) $1, 0. f ay(min 2days) Underwater Camera Equipment/Video up to 50 $1, / ay feet depth and low turbidity Environmental Monitoring&Sampling $100.00 to 450. / ay U Equipment(dust,OVA,Air monitoring, Noise Depending upon the equipment and scale Meter, Light Meter) re aired c, Special equipment or supplies, permits,shipping Actual cost x 1.1 charges,special printing or other items not customarily rovid y Amec D. Communications In-house costs for long distance phone,telex,telecopier, postage—project labor charges x 5% III. Subcontract Subcontract services will be invoiced at a cost multiplied by 1.15 Packet Pg. 2342 Q.5.c @ATE(M (DD CERTIFICATE OF LIABILITY INSURANCE12/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LV AND CONFERS O RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DO T AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1 SU (S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the oUcy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject toCN the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the r certificate holder in lieu of such en orsoment(s). O PRODUCER 1-908-566®1010 CONTACT N E: Construction Risk Partners. LLC PHONE FAX U 8 Ext° AIC Na: L, E-MAIL R1 Campus View Plaza ADDRESS: 0) 1250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAILSc P' Branchburg, NJ 08876 INSURERA: ACE AMER INS CO 22667 INSURED INSURER B: ZURICH AMER. INS CO 16535 ec Foster Wheeler Environment infrastructure, Inc. INSURERC; AMERICAN ZURICH INS CO 40142 � 5845 NW 158th Street INSURER@: INSURER E Miami Lakes, FL 33014 INSURERF: COVERAGES CERTIFICATE NUMBER:48673698 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE POLICY PERIOD y INDICATED. NO ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF Y CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICF 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 SEEN REDUCED BY PAID CLAIM& ThisR ADDLJSUBR� POLICY EFF POLICY EXP LIMITS R1 LTR TYPE OF INSURANCE POLICY NUMBER Mlhf@D MM22 A X COMMERCIAL GENERAL LIABILITY HDO G24557728 05/01/16 05/01/17 EACHOCCURRENCE 8 2,000,000 CLAIMS-MADE OCCUR PREMI9EES amNOeurcDar„ca $ 100,00 MED ESOP(Any one person) $ 10,000 PERSONALS ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000,000 POLICY PRO- LDC PRODUCTS-COPIOPAEO $ 4, Od,000 ¢ JECT $ tD OTHER: M91NED SINGLE LIMIT B AUTOMOBILE LIABILITY P 948 148-05 05/01/16 LIS/01/17 Eaeccid t $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per aoadent) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ U • HIREDAUTOS X AUTOS Persccldent • C $1,00 Coll $1,000 $ UMBRELLA LIA I,OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-M E AGGREGATE $ U CD DEC) RETENTION$ $ C WORKERS COMPENSATION C .3 04866-15 05101116 05/01/17 x PTaTUTE ORH AND EMPLOYERS'LIABILITY Y I N C ANY PROPRIETO AR.TNERJEXECUTIVE wc 3867133-09 0 /01/16 05/01/17 E.L.EACH ACCIDENT S 1,000,000 OFFICERIMEMBER CLUDED7 NIA 1,000,000 (Mandatary In NH) E.L.DISEASE-EA EMPLOYE $ (.� IF describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below B Architecte 6 Engineers Prof. IPR 1008375-01 05/01/16 05/01/17 One Cla° / 2,000,000 CJ DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORN 101,Additional Remarks Schedule,may be attached If mom space is required) Rea Monroe County an call professional engineering services for canal planning and program management Project Start Dater Dec 14, 2016, Project End Date: Dec 13, 2020 U Monroe County is on additional insured on the General Liability and Automobile Li ility alicies a re ired written contract. 60 dabs notice of cancellation applies per policy provisions. AP Y ICI A ENT w It l m/A CERTIFICATE HOLDE CANCELLATION SHOULD ANY OF THE ABOVE ESCRI ED POLICIES BE CANCELLED E ORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN U ACCORDANCE WITH THE POLICY PROVISIONS. 1.100 Simonton Street, Room 216 AUTHORIZED REPRESENTA71VE Key West, ILL, 33040 pn USA W ...- iz. 0 198 -2014 ACORD CORPORATION. AIl rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Sklein 48673698 Packet Pg. 2343