Item B12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 June 2001
Division:
Growth Management
Bulk Item: Yes X
No
Department: Marine Resources
AGENDA ITEM WORDING:
Approval of a Contract with the firm of Law Engineering and Environmental Services to complete the
Residential Canal Inventory and Assessment
ITEM BACKGROUND:
As part of the Monroe County Comprehensive Plan, the County is to complete a study of residential
canals to assess means of improving degraded water quality within these canals. A particular aspect of
the canal study includes looking at previously plugged canals to determine if there are ways in which
these canals could be opened without further degrading water quality either within plugged canals or
the waters surrounding these canals.
In the Fall of 2000 the BOCC approved staff actions to move forward with this study. In early winter
of this year, the Commission approved the recommendation of a Technical Advisory Committee to
move forward with negotiations to complete the study with the firm of Law Engineering and
Environmental Services. Negotiations have been under way during the intervening months.
PREVIOUS RELEVANT BOCC ACTION:
October 2000 - Approval to send out an RFQ for the Canal Study
January 2001 - Approval to negotiate with the firm of Law Engineering and Environmental Services to
complete the canal study
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$2]0,200
BUDGETED: Yes X
No
COST TO COUNTY:
$42,200
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
DOCUMENTATION:
Included
anagement _X_
rowth Management h !- LJI1
r;j;,r;;
Not Required
AGENDA ITEM #c;) -8/ L
APPROVED BY: County Atty l
DIVISION DIRECTOR APPROVAL:
X
DISPOSITION:
Jun-12-01 06:S4A R;sk Management
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PLANNItIG OCP1
P.Ol
~AGE 02
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACrSUMMARY
Contract with:
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Effective Date:
Expiration Date:
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Agenda De&Jline:
CONTRACT COSTS
Total Dollar Value of Contract: $ .tJ14ZtOCL.__ CUITCIlt Year Portion: S .
Budgeted? Yes Account Codes: ~-.b.IIIt _._-_
Grant: S .1!:f.J- ~ J/JDiIJ
County Match; $
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ADDITIONAL COSrs- - -
Estimated Ongoing Co~: S ~ f))..... For: -
(Not included in dollar value ~bov~ leg, maintenance, utilities, 'anttoriaJ, salaries, etc.)
CO~7RACT REVIEW
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OMS Form Rc,,'ind 2/27/01 MCP #'2
CONTRACT FOR THE MONROE COUNTY RESIDENTIAL CANAL
INVENTORY AND ASSESSMENT
THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision
of the State of Florida, whose address is the Marathon Government Center, 2798
Overseas Highway, Marathon, Florida 33050, hereafter the County, and Law
Engineering and Environmental Services, Inc., a Florida corporation, whose
address is 5845 NW, 158th Street, Miami Lakes, Florida 33014, hereafter the
Consultant.
The Consultant represents that it is professionally qualified to produce the Monroe
County Residential Canal Inventory and Assessment described in greater detail in
Appendix A of this Contract. The Monroe County Residential Canal Inventory and
Assessment is referred to throughout the rest of this Contract as the Plan. Portions
of the Plan are referred to as Tasks, Subtasks, or work products.
Section I. The Consultant must commence work on the Plan within ten (l0)
calendar days of the notice to proceed provided by the County and satisfactorily
complete and deliver all work products under this Contract within 540 days of the
notice to proceed.
Section II. The planning area covered by this Contract includes all areas within
the unincorporated portion of the Florida Keys, Monroe County, Florida.
Contract
06/09/01 11 :25 PM
Generally, this area extends from the City limits of Key West to North Key Largo
and the Dade County Line on U.S. Highway 1.
Section III. The Consultant is required to complete this Contract in accordance
with the Task requirements outlined in Appendix A and in the approximate
completion times outlined in Appendix B. Approximate completion times outlined
in Appendix B are intended to be flexible and may be adjusted with the
recommendation of the Directors of Marine Resources and Growth Management
and with the approval of the Consultant so long as the contract is complete within
540 days. Appendix B also serves as the schedule of Contract Deliverables and
payments for the Contract.
Section IV. The lump sum maximum total compensation due the Consultant for
satisfactorily completing the Plan is $210 ,200 hereafter the Contract price.
Contract Deliverables, approximate completion times, and deliverable payment
amounts are outlined in Appendix B. The Consultant may not receive
compensation for any work performed that is not described in Appendix A or for
any amount that is not specifically defined in Appendix B of this Contract unless
the work is otherwise approved in writing by the Board of County Commissioners.
Section V. This Contract is funded through a grant with the Florida Department
of Community Affairs and Monroe County. If any funding source is terminated or
Contract
06/09/01 11:25 PM
2
if there is a revenue short fall, or if there is a failure to allocate funding resources,
the County may elect to abandon the Plan or revise the Scope of Work accordingly.
If the County so elects, it must immediately notify the Consultant in writing. The
Consultant must cease all work on the Plan upon receipt of the County's
abandonment letter. The Consultant must also turn over to the County allPlan
work products whether complete or not. The County must then pay the Consultant
that portion of the Contract price for the Plan that is equivalent to the work turned
over minus the amount paid for completed Tasks or Subtasks previously made.
The County's reasonable determination of the portion of the Contract price due is
final.
Section VI. The Consultant is not responsible for damages or delay in
performance caused by acts of god, strikes, lockouts, accidents, or other events
beyond the control of the Consultant. The County may suspend, delay, or interrupt
the services of the Consultant for the convenience of the County. In the event of
the force majeure or said suspension, delay, or interruption, an equitable adjustment
in the Contract's schedule and the Consultant's compensation will be mutually
agreed upon.
Section VII. The payment for Contract Deliverables may not be made until the
Task or Subtask has been determined to be satisfactorily completed by the
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06/09/0 I II :25 PM
3
County's Project Manager, the Director of Marine Resources or his designee. The
County shall have ten (l0) working days to review the specific Contract
Deliverable prior to acceptance or rejection of the Contract Deliverable. If
rejected, the Consultant shall be given a reasonable time in which to remedy the
defect, not to exceed the original Contract timeframe and not in a manner that
delays the fulfillment of other Contract Deliverables as identified in Appendix B.
If accepted, a payment must be made in full within 20 days of the determination
that the Contract Deliverables were satisfactorily completed. The Consultant may
not receive the final payment until the documents and data have been turned over
as provided in Section XX. The Consultant's subcontractors are not third party
beneficieries under this Contract, are not in privity with the County, and may not
seek payment from the County for any amount owed them by the Consultant. A
sentence similar to the proceeding must be in all Consultant/subconsultant contracts
that are funded, in whole or in part, through this agreement.
Section VIII. The standard of care applicable to the Consultant's services will be
the degree of skill and diligence normally employed by professional engineers or
consultants performing the same or similar services at the time said services are
performed. The Consultant will re-perform any services not meeting this standard
without additional compensation.
Contract
06/09/01 11 :25 PM
4
Section IX. To the maximum extent permitted by law, the Consultant's liability
for County's damages for any cause or combination of causes will, in the
aggregate, not exceed the Contract price. This Section takes precedence over any
conflicting Section of this Contract or any document incorporated into it or
referenced by it.
Section X. The following requirements apply to all of the Tasks and Subtasks
performed by the Consultant under this Contract.
A. The County and the project Technical Advisory Committee (TAC) must
review all draft documents and provide comments to the Consultant within a
two week period after receipt of each draft component of the Contract.
B. Deliverables will be provided to the County in the following form:
1. Technical memoranda and interim draft documents: One reproducible
hard copy and one electronic copy must be provided.
2. Draft Monroe County Residential Canal Inventory and Assessment:
25 bound copies and one electronic copy must be provided.
3. Final Monroe County Residential Canal Inventory and Assessment:
25 bound copies and one electronic copy must be provided.
C. The format for all electronically produced deliverables follows:
1.
Word Processing
Contract
06/09/01 IU5 PM
5
a) Microsoft Word 97 or later
2. Database/Spreadsheets
a) Microsoft Access 97 or later
b) Microsoft Excel 97 or
3. GIS
a) All GIS coverages shall be created, generated, in ArcInfo or
Arc View as appropriate and delivered in Arc View 3.2 Shapefile
format.
Section XI. The Consultant must have insurance of the amount and type
described in Appendix C. Appendix C is attached and incorporated into this
Contract.
Section XII. The Consultant acknowledges and agrees that public use of any or
all reports or other printed materials, videos, audio recordings, films and
photographs produced as part of this Plan may not be restricted under the copyright
laws of the United States of America.
Section XIII. Records of the Consultant's direct personnel payroll and other costs
and expenses pertaining to the Plan and records of the accounts between the
County and the Consultant must be kept on a generally recognized accounting basis
and must be available to the County or its authorized representative, representatives
Contract
06/09/01 11:25 PM
6
of the Florida Department of Community Affairs upon reasonable notice and
during normal business hours. The records also must be in form sufficient to
permit a grant specific audit to be performed in accordance with the rules of the
Auditor General. The Consultant must keep the records for five years following
the completion of the Plan.
Section XIV. The Consultant warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for the
Consultant to solicit or secure this Contract and that he has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the Consultant any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Contract. For the breach or violation of this provision, the County shall have
the right to terminate the Contract without liability and, at its discretion, to deduct
from the Contract price, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section XV. The Consultant may not assign or subcontract its obligations under
this Contract without the written consent of the County except for subcontracts
with the following firms:
A. Kathleen Sullivan-Sealy
Contract
06/09/01 11:25 PM
7
B. Hydrologic Associates USA, Inc.
C. Sandra Walters, Consultants, Inc.
Section XVI. The County's consent to the subcontractors listed above does not in
any way relieve or excuse the Consultant from the complete performance of all his
duties and obligations under this Contract.
Section XVII. The Consultant acknowledges that all records, data, and
documents created as part of the Plan are public records under Chapter 119, Florida
Statutes. As a result, they must be made available at a reasonable place and time
upon the request of a member of the public. Failure to do so is a breach of this
Contract entitling the County to treat the Contract as terminated on the date of the
violation of Chapter 119, Florida Statutes, with the County's obligation to pay
extending only to work completed as of that date plus amounts previously retained,
if any.
Section XVIII. The Consultant must indemnify and hold harmless the County,
proportionately to the extent of the Consultant's negligence as compared to that of
the County, from and against all liability, claims and damages, loss, costs, and
expense arising out of any negligent act or omission by the Consultant that results
in injury to third persons or their property occurring as a result of carrying out the
work required by this Contract. If the County is alleged to be liable on account of
Contract
06/09/01 Il:2S PM
8
such negligent act or omission, then the Consultant must defend the allegations
through a mutually acceptable counsel with the Consultant bearing its proportionate
cost, fees and expenses of the defense to the extent of the Consultant's negligence
as compared to that of the County. The Consultant's obligations under this section
are not vitiated by the purchase of the insurance required by Section XI.
Section XIX. Neither party shall be responsible to the other or to any third party
for any economic, consequential, or incidental damages (including, but not limited
to, loss of use, income, profits, financing, or reputation) arising out of or relating to
this agreement or the performance of the Services.
Section XX. The Consultant warrants that the work constituting the Plan does not
infringe upon or violate the patent, copyright or trademark of any third person. If a
claim of infringement or violation is made by a third person against the County, the
County must notify the Consultant within twenty days of the date the County
received the claim. The Consultant must then indemnify and defend the County
against the third party's claim bearing all costs, fees and expenses of the defense or
obtain the right to use such patented trademark or copyright material in the work at
no additional expense to the County. The County's failureto timely notify the
Consultant is a waiver of this warranty.
Contract
06/09/01 11 :25 PM
9
Section XXI. All final data and documents produced or obtained in the course of
preparing the Plan whether or not used in the Plan are - and will remain - the
property of the County and must be delivered to the County before the County may
make the final payment to the Consultant. The Consultant may retain copies of the
documents and data delivered to the County but the copies must be prepared at the
Consultant's expense.
Section XXII. Either party may terminate this Contract because of the failure of
the other party to perform its obligations under the Contract. If the County
terminates this Contract because of the Consultant's failure to perform, then the
County must pay the Consultant the amount due for all work satisfactorily
completed as determined by the County up to the date of the Consultant's failure to
perform but minus any damages the County suffered as a result of the Consultant's
failure to perform. The damage amount must be reduced by the amount saved by
the County as a result of the Contract termination. If the amount owed the
Consultant by the County is not enough to compensate the County, then the
Consultant is liable for any additional amount necessary to adequately compensate
the County up to the amount of the Contract price.
Contract
06/09/0 I II :25 PM
10
Section XXIII. The Consultant is an independent Contractor. Nothing in this
Contract may create a contractual relationship with, or any rights in favor of, any
third party.
Section XXIV. This Contract has been carefully reviewed by both the Consultant
and the County. Therefore, this Contract is not to be construed against any party
on the basis of authorship.
Section XXV. This Contract represents the parties' final and mutual
understanding. It replaces any earlier agreements or understandings, whether
written or oral. This Contract cannot be modified or replaced except by another
signed Contract or Amendment thereto.
Section XXVI. The waiver of the breach of any obligation of this Contract does
not waive another breach of that or any other obligation.
Section XXVII. The Consultant warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee subject to
the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 020-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Contract
without liability and may also, in its discretion, deduct from the Contract or
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06/09/0 I II :25 PM
11
purchase pnce, or otherwise recover the full amount of any fee, commISSIOn,
percentage, gift, or consideration paid to the former County officer or employee.
Section XXVIII. This Contract is governed by the laws of the State of Florida.
Venue for any disputes arising under this Contract must be in Monroe County,
Florida.
Section XXIX. While in the course of preparing the Plan, the Consultant may not
discriminate against any employee because of race, age, creed, color, sex or
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, age, creed, color, sex, or national origin. Such action
may include, but need not be limited to, the following: employment upgrading,
demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of payor other forms of compensation; and selection for training,
including apprenticeships. The Consultant must insert language similar to this
Section in any of the Consultant's subcontracts funded through this Contract except
for subcontracts for standard commercial supplies and raw materials.
Section XXX. In carrying out the preparation of the Plan the Consultant must
comply with the requirements of the Americans With Disabilities Act and federal
regulations issued under that Act.
Contract
06/09/01 11 :25 PM
12
Section XXXI. No member, officer or employee of the County during his tenure
at the County or for two years after that may have any interest, direct or indirect, in
this Contract or the proceeds from the Contract.
Section XXXII. All communication between the parties should be through the
following individuals:
Monroe County
George Garrett, Director
Department of Marine Resources
Consultant
Pattie Gertenbach
Law Engineering and
Environmental Services, Inc.
5845 158th Street
Miami Lakes, FL 33014
2798 Overseas Highway, Suite 420
Marathon, FL 33050
Section XXXIII. This Contract takes effect on the date of the signature of the last
party to sign.
THE REMAINDER OF THE PAGE LEFT INTENTIONALL Y BLANK
Contract
06/09/01 11 :25 PM
13
Section XXXIV.
IN WIThTESS WHEREOF, each parry hereto bas caused this Agr~ment
to be executed by its duly authorized representative.
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNT''-. FLORIDA
By
By
M~yor/Chaim1an
Deputy Clerk
(SEAL)
Attest:
LA W ENGINEERING &
E~'VTRONMENTAL SERVICES, INC.
B~
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14
Appendix A
Scope of Work for
Monroe County Residential Canal Inventory and
Assessment
Appendix A
06/09/01 11:25 PM
SCOPE OF SERVICES
MONROE COUNTY RESIDENTIAL CANAL
INVENTORY AN ASSESSMENT
The purpose of the study is to inventory the physical characteristics of the
canals in Monroe County potentially affecting water quality within the canals
and to develop a classification model of the canals based on these physical
characteristics. Physical remedial options will then be evaluated (desktop) and
ranked for effectiveness and cost for each type of canal. An existing, recently
unplugged canal system will be used to perform a Case Study to evaluate
whether water quality in the canal has improved as a resultof measures taken to
improve canal conditions prior to being unplugged. The Case Study will also
be used to test the effectiveness of the preferred desktop remedial alternative.
Limited water quality data will be collected in order to augment the data
available for the Case Study. The final report will include a GIS database
summarizing the efforts and results of the Scope of Services performed. THE
CONSUL T ANT will also evaluate potential external funding options available
to support future canal water quality improvements and monitoring efforts. The
following highlights the major portions of the services to be performed:
Task IA Compile/Review Existing Data
THE CONSULTANT will review existing data related to water quality in the
Florida Keys. The bibliography in the cited EPA document, Water Quality
Concerns in the Florida Keys: Sources, Effects, and Solutions, provides a
good starting point. In addition, THE CONSULTANT will explore the
following data sources:
1. CHzM Hill - Wastewater Master Plan
2. CDM - Stormwater Management Master Plan
3. Dames & Moore - Carrying Capacity Study
4. DEP - Hurricane Georges' clean-up report
5. FMRI - Existing Analytical Data
6. Baywatch
7. Florida International University - water quality and seagrass
monitoring data
8. Site Characterization for the Florida Keys National Marine Sanctuary
and Environs
9. Outstanding Florida Water study
IO.State database
Monroe County Residential Canal Inventory and Assessment
Scope of Services
5 June 2001
THE CONSULTANT will incorporate applicable electronically available and
compatible data. THE CONSULTANT may request the County's assistance
in obtaining unpublished data that is discovered or recommended during this
review (ex: 205J study). The focus of this effort will be to assess the current
base of knowledge about water quality as it relates to confined waters,
particularly open and plugged canal systems. The deliverable associated with
this task will be a bibliography with brief summaries of the sources included,
as well as a list of the sources evaluated. In addition, the location of known
and available data on sampling locations represented in references within the
bibliography will be used to develop a GIS layer of known water quality
monitoring sampling sites. The County will be given the opportunity to review
data collected as THE CONSULTANT progresses to help identify possible
additional sources. The ability to incorporate additional sources will be
dependent upon their format (ex: hard copy vs. electronic; compatible vs.
incompatible). They will be evaluated on a case by case basis with input from
the County. The information collected during this phase will be used to build
Task lB.
Deliverables - Deliverables for Task lA, as identified in Appendix B, include
one Draft Bibliography as specified above and a Final Bibliography.
Task IB Provide Inventory and Physical Description of Canal Systems in
Monroe County
The purpose of this task will be to develop a GIS database that includes canal
physical attributes that could potentially impact water quality. The majority
of this information will be collected from existing sources, with only
occasional field verifications. A classification model will then be developed
to group canals that exhibit similar physical characteristics. The goal of this
task will be to collect sufficient information, through desktop estimates, of the
listed physical attributes to evaluate potential impacts to water quality, without
the cost of a large-scale field effort. The results of this task will provide
Monroe County with a basis upon which future studies, monitoring, planning
and evaluation of canal systems can be performed. This will be a
comprehensive database that can be expanded upon and drawn upon as
needed particularly for, but not limited to, future canal studies.
The majority of the information for the GIS base layer will be developed from
2
Monroe County Residential Canal Inventory and Assessment
Scope of Services
5 June 2001
the 1998 aerial photographs for the Florida Keys, available from FDOT
District 6. We will develop a list of questionable water bodies for the
County's consideration as to whether these water bodies should be included in
this study (for example, a boat basin at the end of a canal). Characteristics to
be included in the classification model (and the primary source of information
for each) are as follows:
1. Length/width - aerial photographs
2. Open/plugged - aerial photographs, existing data
3. Depth - boat types identified on aerial photographs, information from
realtors, and, on occasion, field verified; will classify by ranges (ex: 0-
5, 5-10, 10-20) and will specify controlling depth and known maximum
depth
4. Degree of convolution - aerial photographs
5. Surrounding land use - aerial photographs and existing land use maps
6. External debris buildup - aerial photographs, interviews and spot field
verification
7. Nature of canal banks - aerial photographs
8. Fill vs. dredge canal- permit information, historical aerial photographs
9. Approximate age of canal - historical aerial photographs, interviews
10. Wastewater inputs - existing wastewater master plan
11. Stormwater input - existing stormwater master plan (include culverts)
12.Physical improvements - permit information, information from realtors,
municipalities, and HOAs
13. Whether canal is adjacent to an artificial basin -aerial photographs
Using these characteristics, a canal classification will be developedto estimate
the potential for water quality degradation, based on the physical attributes of
canals noted immediately above and using the canal-specific data gathered in
Task lA. The County will work with the CONSULTANT to develop the
canal classification model, prior to final approval and use. Along with the
parameters described above, the classification score or ranking will be
incorporated into the database developed for the task. The database must link
uniquely to study area canal systems or canal system segments so that the data
may be represented spatially. The canal classification and GIS will be subject
to review and assessment by the County prior to acceptance and final delivery.
This task includes one week offield verification. Monroe County will provide
boat time and staffing for this effort.
3
Monroe County Residential Canal Inventory and Assessment
Scope of Services
5 June 2001
The deliverable for Task IB will consist of a GIS database (on CD) to be
presented to an audience of the County's choosing. The GIS layers will be
provided in Arcview 3.2 shapefile format. The layers will be plotted to the
1998 FDOT aerial basemap created. This will allow the ability to incorporate
future data to the basemap. The spreadsheets imbedded in this program will
also be presented as hard copy. The data will be "tagged" to provide some
indication of reliability, i.e., has it been verified? What is source? Should it
be verified? Metadata will be provided forthe data and GIS layers to provide
information about the source of the data, when and where the data was taken,
and to evaluate the GIS information accuracy, amongst other metadata
parameters.
GIS layers/shapefiles to be provided include:
1. 1998 FDOT aerials (MrSID, if possible, or JPG)
2. Canal shoreline coverage
3. Point file of existing water quality monitoring locations (determined
from Task IA)
4. Culverts (depending upon data availability/compatibility/format)
5. Water treatment plants/discharge locations (depending upon data
availability/compatibility/format)
6. Surrounding land use (depending upon data
availability/compatibility/format)
Deliverables - Deliverables for Task IB, as identified in Appendix B, include
three Progress Reports representing progress towards completion of the Final
GIS Database and the Final GIS Data and Report.
Task II Evaluate effectiveness/cost of various treatment technologies for
open canals
Treatment approaches and technologies to be evaluated include, but are not
limited to:
1. Backfill canals
2. Construct flushing channels
3. Install culverts;
4
Monroe County Residential Canal Inventory and Assessment
Scope of Services
5 June 200 I
4. Install/maintain aeration devices;
5. Install/maintain weed gates, including air curtains;
6. Other potential physical improvement methods.
A matrix will be developed comparing the potential effectiveness and cost of
the treatment options identified for the types of canals identified in TaskIB
above. Estimated costs for each technology will be assessed (desktop) with
minor cost input from potential construction contractors (South Florida and
Keys sources where possible). Potential external funding opportunities for
implementation of reviewed treatment technologies will be evaluated, as well
as the potential secondary impacts related to the various treatment methods.
Deliverables for Task II will consist of:
1. a matrix using the classification model in Task I to present the treatment
options evaluated in Task II; and
2. a ranking of these treatment options based on projected effectiveness for
reducing water quality problems and the associated cost for
implementation of a selected treatment option for each canal type.
Deliverables - Deliverables for Task II, as identified in Appendix B, include
a Draft Report of Canal Treatment Technologies and a Final Report.
Task III Case Study - Sunset Acres
A case study will be performed on the recently unplugged canal in Sunset
Acres. The purpose of the study will be to evaluate water quality in the canal
since improvements have been implemented and the canal system has been
unplugged. If there is not sufficient data to make a valid comparison,
additional data will be collected, if possible. If the data cannot be collected
(ex: incomplete background data), the study will identify the data gaps and
provide recommendations for future pre-improvement sampling projects. An
attempt will be made to address whether adjacent waters have been degraded
as a result of the plug removal. Again, if insufficient data is available, the
report will include recommendations for data collection in future studies. We
will include an evaluation of how this project fits the model, based on
before/after classification, using the classifications developed in Task I and
treatments recommended in Task II.
5
Monroe County Residential Canal Inventory and Assessment
Scope of Services
5 June 2001
Monitoring of the Case Study area will include collection of salinity, turbidity,
temperature, and dissolved oxygen (DO) parameters at a minimum. Samples
shall be taken in the morning, preferably on falling tides to assess the worst
case conditions, particularly for DO. Comparable samples should be taken in
the afternoon or evening. Such sampling should be done approximately
quarterly. During the course of the study, the Consultant shall monitor at least
two episodic rain events in the study area to assess the impact of storm water
runoff on the Sunset Acres canal system and adjacent waters. Approval of
monitoring equipment, techniques, and practices will be made by the County
prior to initiation of any sampling efforts. Results will be provided in GIS-
compatible tabular format.
Deliverables - Deliverables for Task III, as identified in Appendix B, include
a Draft Sunset Acres Case Study Report, a Final Sunset Acres Case Study
Report and the Final Case Study Sampling Results.
Task IV Prepare final report
A final report/GIS database will be prepared to provide a summary of the
efforts performed under this Scope of Services. Additionally, the final report
will include conclusions and provide recommendations for future efforts that
will build upon the work completed in this scope.
Deliverables - Deliverables for Task IV, as identified in Appendix B, include
a Draft Summary Report and a Final Report/GIS Database, with a presentation
to the Board of County Commissioners.
6
Appendix B
Contract Deliverable Time Table and Deliverable Cost for
Monroe County Residential Canal Inventory and
Assessment
Appendix B
06/09/0 I Il:25 PM
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Appendix C
Monroe County Insurance Requirements and Provisions
Appendix E
06/09/0 I 11:25 PM
1996 Edition
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this Contract
(including the pre-staging of personnel and material), the Contractor shall obtain, at
his/her own expense, insurance as specified in any attached schedules, which are
made part of this Contract. The Contractor will ensure that the insurance obtained
will extend protection to all Subcontractors engaged by the Contractor. As an
alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this Contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below. Delays in
the commencement of work, resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified
in this Contract and any penalties and failure to perform assessments shall be
imposed as if the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of
this Contract and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate suspension of all work until
the required insurance has been reinstated or replaced. Delays in the completion of
the work resulting from the failure of the Contractor to maintain the required
insurance shall not extend deadlines specified in this Contract and any penalties
and failure to perform assessments shall be imposed as if the work had not been
suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the
required insurance either:
Appendix C - Administration Instruction #4709,2
CanalContractRiskOIO,doc
06/04/01 8:26 PM
1
1996 Edition
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum ofthirty (30)
days prior notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from the liability or obligation assumed under
this Contract or imposed by law.
The Monroe County Board of County Commissioners, it employees and official
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled 'Request for Waver of Insurance
Requirements" and approved by Monroe County Risk Management.
Appendix C - Administration Instruction #4709,2
CanalContractRiskO 1 O,doc
06/04/01 8:26 PM
2
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
LAW ENGINEERING & ENVIRONMENTAL SERVICES, INC.
Prior to the commencement of work governed by this Contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the
life of the Contract and include as a minimum:
· Premises Operations
. Products and Complete Operations
. Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of twelve (12) months following the
acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
GL3
Appendix C - Administration Instruction #4709.2
CanalContractRiskO 1 O,doc
06/04/01 8:26 PM
3
1996 Edition
PROFESSIONAL LIABILITY
INSURANCE REQUIREMNTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
LAW ENGINEERING & ENVIRONMENTAL SERVICES, INC.
Recognizing that the work governed by this Contract involves the furnishing of
advise or services of a professional nature, the Contractor shall purchase and
maintain, throughout the life of the Contract, Professional Liability Insurance w
which will respond to damages resulting from any claim arising out of the
performance of professional services or any error or omission of the Contractor
arising out of work governed by this Contract.
The minimum limits of liability shall be:
$1,000,000 per Occurrence/$2,000,000 Aggregate
PR03
Appendix C - Administration Instruction #4709,2
CanalContractRiskO 1 O,doc
06/04/01 8:26 PM
4
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
LAW ENGINEERING & ENVIRONMENTAL SERVICES, INC.
Recognizing that the work governed by this contract requires the use of vehicles,
the Contractor, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the Contract and
include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies to satisfy the above requirement.
VL3
Appendix C - Administration Instruction #4709.2
CanalContractRiskO 1 O,doc
06/04/01 8:26 PM
5
1996 Edition
WORKERS' COMPEMNSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
LAW ENGINEERING & ENVIRONMENTAL SERVICES, INC.
Prior to the commencement of work governed by this Contract, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits
of not less than:
$1,000,000 Bodily Injury by Accident
$1,OOO,OOOBodily Injury by Disease, policy limits
$1,OOO,OOOBodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the Contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the Contractor has been approved by Florida's Department of Labor, as an
authorized self-insurer, the county shall recognize and honor the Contractor's
status. The Contractor may be required to submit a Letter of Authorization issued
by the Department of Labor and a
Appendix C - Administration Instruction #4709.2
CanalContractRiskO 1 O,doc
06/04/01 8:26 PM
6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 June 2001
Division:
Growth Management
Bulk Item: Yes X
No
Department: Marine Resources
AGENDA ITEM WORDING:
Approval of a Contract with the firm of Law Engineering and Environmental Services to complete the
Residential Canal Inventory and Assessment
ITEM BACKGROUND:
As part of the Monroe County Comprehensive Plan, the County is to complete a study of residential
canals to assess means of improving degraded water quality within these canals. A particular aspect of
the canal study includes looking at previously plugged canals to determine if there are ways in which
these canals could be opened without further degrading water quality either within plugged canals or
the waters surrounding these canals.
In the Fall of 2000 the BOCC approved staff actions to move forward with this study. In early winter
of this year, the Commission approved the recommendation of a Technical Advisory Committee to
move forward with negotiations to complete the study with the firm of Law Engineering and
Environmental Services. Negotiations have been under way during the intervening months.
PREVIOUS RELEVANT BOCC ACTION:
October 2000 - Approval to send out an RFQ for the Canal Study
January 2001 - Approval to negotiate with the firm of Law Engineering and Environmental Services to
complete the canal study
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
$217,200
BUDGETED: Yes X
No
TOT AL COST:
$42,200
COST TO COUNTY:
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
DOCUMENTATION:
Included
owth Management 1-I;;:J
6P/~/
ot Required_
AGENDA ITEM #~\ ^
APPROVED BY: County Atty l
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISIOKO~~ (Y\~NoA(fv\l\e.~
DEPARTMENT YY\Ao(\e.., ~Gc.0('ce ~
SUBJECT A.?fXOV'A \ d= A CC::)l,\+~a.cl \.N~ -t\-u. ~(vV\ f;;,J;.
~ a; '"kY\\I'('~~~ Secu, Ce fJ +2)
~~\~~ ~ ~\c\.Q..-f\....,-t-L~ CA~~\ ~v-e.~(,\ A~~4~
DATE ITEM WILL BE AVAILABLE Co 'll \ 0 \
t
AGENDA ITEM NUMBER