1st Amendment 06/07/2018 FIRSTAMENDMENTT CONTRACT AGREEMENT
FOR ENGINEERING DESI AND PERMITTING SE VICES FOR
ROWELUS WATERFRONT PARK
This First Amendment ("Amendment") made on the day of G 2018,
y and between Monroe County, a political subdivision of the State of Florida,whose address is
1100 Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred
to as"COUNTY",through the Monroe County Board of County Commissioners ("BOCC"),
AND
S E, Inc., a Foreign Profit Corporation of the State of North Carolina, whose address is
201 Spring Forest R ., Raleigh, North Carolina 27616, its successors and assigns, hereinafter
referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, on June 21, 2017, the BCC approved a Contract for Professional Services
with the Consultant (rescinded and replaced from the BOCC action on May 17, 2017) for the
engineering design and permitting of Rowell's Waterfront Park ("Original Agreement"),and
WHEREAS, the County Administrator, pursuant to Monroe County Code Sec. 2-5 , may
execute agreements on behalf of the BOCC in amounts less than $50,000.00; and
WHEREAS, the County wishes to engage in a geotechnical field exploration program to
obtain information about the subsurface conditions on site and to evaluate those conditions to
provide geotechnical engineering recommendations for site preparation and foundation
supports and
WHEREAS, geotechnical services are not part of the Consultant's scope of basic services
and will be considered as additional services in accordance with Article III of the Contract
Agreement;and
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:
. SCOPE OF SERVICES
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Rowell's Waterfront Park
Consultant shall provide geotechnical engineering services, which will include a
subsurface soil exploration program for the proposed restroorn building to be built as
part of the improvements. The purposes of this geotechnical field exploration program
are to obtain information about the general subsurface conditions at the project site, to
evaluate those conditions with respect to the proposed construction, and to provide
geotechnical engineering recommendations for site preparation and foundation
support. Consultant's services will be directed and supervised by a registered
professional engineer specializing in geotechnical engineering. Services will include:
a) Field Exploration
b) Laboratory Testing
c) Engineering and Report Preparation
2. COMPENSATION
County shall pay the consultant a lump sum fee of Three Thousand Five Hundred Dollars
and 00/100($3,500.00) upon completion and acceptance of report.
In the event that very weak soil is encountered at the proposed termination depth, as
indicated by a penetration resistance value of less than 10 blows per foot, it will be
necessary to extend the borehole until a competent layer is encountered. Consultant
shall charge a rate of Twenty Dollars and 00/100 ($20.00) per lineal foot of SPT drilling
(including grouting)for depths up to 50 feet for this service. County shall be informed if
the above contingency items are required during the field exploration phase of the
project along with the estimated fee increase.
3. SCHEDULE
The field exploration will be initiated within one (1) week after receiving a formal
authorization to proceed. The field work should take one to two business days to complete
(weather permitting). Laboratory testing will require an additional week. The report will be
available two (2) weeks after completion of laboratory testing. Preliminary verbal results
can normally be provided during the laboratory testing program to expedite the design
process.
4. NONDISCRIMINATION
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Rowell's Waterfront Park
Paragraph 9.17, NONDISCRIMINATION, of the Original Agreement shall be revised as
follows:
9.17 NONDISCRIMINATION
CONTRACTOR and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action of the part of any party, effective the date of the court order.
CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. This include but are not
limited to: 1) Title V11 of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act
of 1970 (PIL 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 Vill of Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americam,
with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time,
relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14,
Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or expression, familial status 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.
All other Contract Agreement requirements remain as written in the Agreement dater)
June 21, 2017.
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Rowell's Waterfront Park
IN WITNESS WHEREOF, each part has caused this First Amendment to be executed by its
duly authorized representative on the day and year first written above.
Monroe Co y: Consultant: E, Inc.
z�
BY: Y:
ACTIR ROA/IA Co SI Cun '�� ra or
County Administrator Keith Oropeza Principal Landsape Architect
Print Name Title
Date: f l Date: 6/12/2018
MONROE COUNTY ATTORNEY-S OFFICE
OvED, :TO FOR,
PATRICIA S
ASSISTANT CO N
DATE;
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Rowell's Waterfront Park