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Item J1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 16 May 2007 Division: Growth Management Bulk Item: Yes X No Department: Marine Resources Staff Contact Person: George Garrett AGENDA ITEM WORDING: Approval of Amendment 4 to the CAMP DRESSER & MCKEE INC (CDM) contract to provide stormwater engineering services to Monroe County, ITEM BACKGROUND: The firm of CAMP DRESSER & MCKEE INC (CDM) worked to complete the Stormwater Management Master Plan for Monroe County and has continued under contract to provide engineering services in furtherance of the goals of the Master Plan. The last CDM contract amendment provided a time extension until December of2006 and additional funds to provide work order based engineering services for the design, engineering, and permitting of storm water facilities construction or enhancement under the direction of the Engineering Division. This amendment provides a time extension only to September 30, 2007 to allow payment of final invoices for work completed. This amendment does not provide any additional funds. The contract will terminate at the end of the extension period. PREVIOUS RELEVANT BOCC ACTION: August 1999 - CDM Contract approved October 2001 - Amendment 1 to CDM Contract May 2002 - Amendment 2 to CDM Contract November 2004 - Amendment 3 to CDM Contract CONTRACT/AGREEMENT CHANGES: Time extension only STAFF RECOMMENDATIONS; Approval TOTAL COST: $915.336 COST TO COUNTY: No new costs BUDGETED: Yes SOURCE OF FUNDS: X No Fund 148 / Gas tax REVENUE PRODUCING: Yes APPROVED BY: County Atty t~ No X AMOUNT Per Month Year OMB/Purchasing ~ Risk Management ~ . DOCUMENTATION: Included -L Not Required DISPOSITION: AGENDA ITEM NO.: BC070520 AIS CDM Rev Arnd4 4/17/200712:49:00 PM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Camp Dresser & McKee Contract #_ Effective Date: August 1999 Expiration Date: September 30, 2007 Contract Purpose/Description: Contract with CAMP DRESSER & MCKEE INC (CDM) to provide engineering services for stormwater related projects Contract Manager: George Garrett 2507 Marine Resources / 11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 05/16/07 Agenda Deadline: 05/01107 CONTRACT COSTS Budgeted? YesC2J Grant: $ 0 County Match: $ Total Dollar Value of Contract: $ (Amdt 3) $100,000 No 0 Account Codes: 148- (l\.c\-~ - - 530le - ~l>-Got.DOO(~ 530' 40 Current Year Portion: $ $4,949.70 100,000 (~'Of. i) - - - - ----- - - - - ----- Estimated Ongoing Costs: $NAlyr (Not included in dollar value above) ADDITIONAL COSTS For: NA (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW ~ Changes D n Needed Division Director I 'I'") YesD No~ Risk M~~f{ ~ 1 y esO No~ O~B./PUrc~ing ~=t YesDNoD County Attorney Al1':f( 0:;- YesD No Date Out .r~A~ Comments: OMB Form Revised 2/27/01 MCP #2 AMENDMENT 4 TO THE CONTRACT FOR SERVICES FOR THE MONROE COUNTY STORMW A TER MANAGEMENT MASTER PLAN THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is Marathon Government Center, 2798 Overseas Highway, Suite 420, Marathon, Florida 33050, hereafter the County, and CAMP DRESSER & MCKEE INC, a Massachusetts corporation, whose address is 800 Brickell Avenue, Suite 710, Miami, Florida 33131, hereafter the Consultant. Section 1. Amendment to Termination Date. The Contract and amendments between the parties is hereby further amended to extend the Contract timeframe to September 30, 2007. No further amendments or extensions are contemplated. The Contract will be terminated at that time. Section 2. Force and Effect. In all other respects the Contract dated 16 July 1999 and three subsequent Contract amendments dated 7 November 2001, 15 May 2002, and 11 October 2004 remain in full force and effect. Section 3. Effective Date. The effective date of this Contract is the date upon which both parties have signed this Contract Amendment. BC070520 COM Amd4 4/17/2007 2:04:00 PM IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (SEAL) Attest: CAMP DRESSER & MCKEE INC By Title By Title MONROE COUNTY ATTORNEY ~ 1- Trf/t- CYNTHIA L. ALL ASSISTANT COUNTY ATTORNEY Date 4- I =1-- O::r BC070520 CDM Amd4 4/17 /20072:04:00 PM Is Al _~D"~j,-............tL;~ ~.~:.;.;,"'" . .. ~ ~ .. . _.~..:::~'.~. CATE(~~wm- . IL..U~ I:~~:l-'I!;~g..~~I$.rl'_ ., ' _...,.~~:" :~'.~ 12/2l/06 I ~ Ri~k Serv1CM, Yoc. of Massachusetts I-rmsCEltlUICAn:IS ISSUEDASAI'liLl'l"I'iltOt'lNFOJlMAnoNONLY 99 Hi gh STreet: AND CONFBIIS NO ItIGBTS V1'ON THE C!:RTIF1CA.n: ROLDIUL T8I8 Boston MA 02110 USA CJJrI1iICATE DOES NOT AM2Nn. EX1'END OR ALna no: COV!JtAGEAft'O.llDEP BYt'UEPOUaI!sBFWW. .. 283- 'li4 FAX. ("866' 4~n_ '1\35 '~5l1RID Camp Dresser & MCKGQ Inc. Of/e: CAMIlUDlii PLACE SO HAMPSlilRE STREET CA/llllIUtlGE MA 02J.3iOOOO IJSA ~A; 1l'CSu1tSt s; JNStl'RERS An'OIlPING COVSllAb'E Zlu;<;h ....ric:an Ins c:o AllleM QII Zurl d1 Ins 0:1 "'"lIlUlR C: ~loyd's of London "-CE AoI.,.-; "all Insuril/l<;e COrIpany DlIURI!R Il: 1-..0 a, J.I/oUTlI "" ... ri SJ.. OOOr 000 ~ .... S1llO,lIIID <> ~ no. DOlI 1fACIl~ me tMM.I\aK(.AIy...~) MliDEXl'tArr_ _ _Al.<tllllv ...."",. SJ.,OOO,OOO 0lINIL\L NXll!GIJE J2 ,lIQO, 000 1'I\ODUC'rS. <XlMl'o!OI' AOO S2 ,000.000 " l'!; .. fi = "E .. I;; ... .,.,.~u.lllIl.rrY ~NO"Al1TQ _ AU. owmt> AI1TlIS _ SCJS1tILI!D AlJTO$ ~ IIltm oW1'05 t! 110M OWMIID AUJ'05 ...... 8376531-11 8WI%HUS AUTO CDVEltAdE 01/01/07 Ol/D1/08 COloWHIlO~1Jl.a:l' (Ii. ...-.) 8ODlI.v _ IlW_ IIlXlIL y INJl1QV ll'<r_ ~ /)AMAlII: 0\0" ..:1"<1 AUTDQNL.Y - SA M:::aDDIT _ TJW/ lI.\i\a: AIJ'tO CNI,.. Y I /oIJIJ lIl/UljOll IiACII Ml<iItIiIao\"II $1.000,000 CAIl.lGIIt UUIU1'I' ~~AmO o !]KX~D CLADI5~ 8::: -. WOIlIIDIS c:oMI'EIISATIOH AND IiMI'I.OYlDllI' UAalUTY ~ ~ CO\I9WZ O:l/ll1/07 ss;ooo, 00d IS,lIIID,OOi 312 ~ COMI'IN:S.<<ITID Ol/ll1l07 Ol/Ul/OII x /VICJrATlJ..I 12!"- u.. &.ell ACCtIlENT i.L.~1JYlT L1. ~1lMPLoYE.E U,OOO,riiiii $1.000,000 $I, CIOO. 000 n.wo.OOil n.ooo , OOCl - I ~ ~ ~ jj R I E ~ Ii c _ Ql(0701367 b Prof' ",..hiueu & EngtIlU'" ~ Arcll1 UInv Praf OHOII'rH>>iOFOI'IaATlOMll1l-J>;:A~S_IIT~1'ItOYIlIIQlIS Re; St:o~t:e,. MIl.n.,- p'an. Monroe coum:y 5CaJ"d of COun"tY COlIIIIiui_,-. is lIdeled M!SJ)KU to lieIMIral &lid AUtO Lfabilit:y. O;l,f01/07 D:LfO;l,ffn Per OC:curnww:t UXJ ___ U$C> liS an Additional InsunKl witft I~ _i.Z.' ....i~ .~'.:;~;,-.:.. ..,':iiil'~;. ..lTJ:a.:.t;;:~;:"~"'~t.r.'-"5~ .IIIOn,-oe COUM)' BOard of COunty COInrtssioners UOO Simonmn St:ne1; Rm 268 lCey We." ~L S3lUO USA 51101lUl Al'lY OF"THE - ~ POL.IQQll UCA>I(;llW!II) IIm'OIlI! THE EXl'DtATJOIl !>An: 'lllIIlllCr. THa I5lWIIIO CXlNI'AN't WILL ""'~:'WOltTO MAlL Jl. !MYS MlI1TI!N MI1T1<'Il TO 11m CIlI<'i'JfIl:Jm HOI.DeIl!f.MCl!l) to TJ!E LJiJ'T. :r~.uw..:=~=..~~,=--~, ~~IIA'f.~ AUTHOaZED ItEPltESlM'ATMt l1l"CJO'IIlII~~.,.'~' ..t::~.:.,.........,.~,"",. ...:.;,;' ....~,....- --~ ,~oa;;. BC070520 COM Amd4 4/17/20072:04:00 PM ~a~;:!,~ln:rilta .~."'.Y -- - '.. ~oar{\ l1flJfl1fl's ~ion.:t [..'!Ji ttgittCCrs Camp Dreaser & Mckee Inc. .7.:. N"/An;y~/u",d:'/A'/>"""''';;'''''N.. "/'/'~h;;h ':'/./('.... ,n;yV;.A. ,'/Avllvm.., h "#,.,.,.,,:-',,r,,;"p ~''';'''~ .../t. ~". /... d../,~/''r /k."1'''''' :/;"'~'JJ";'N"'/ y~ ;/".~;,~HhJ, '1'""0/,/,,47/, .71...,,;;4 ,'/h,/;,,/t',~, AUDIT NO,: 01;1l/- 000476 CfiRTI'ICAfE O~ AUTHOR'ZA'fI()NNUM..~A; ZO ... . 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J.:,..... :J j I L , ,,! ~ =: i: J j ~ = :.; ~ ;~ DaPR Home I Online Services Home: Help I Site Map liUlfr4i;4Q Licensee Details LI~illlllllA 1l1furmiitluil ------- -- ------ ----- ~-+ !\!lIm~; {;I!l!p.c Q",I!II!'!"" ~!l~. !!'!!l, ff~3nr ~~-!! m~l'l"i!!\!li i>'l~!R ~~~~l!l!: ATIi ~i!!i ~t tiam;mhlra Jilnua ;'A_t!!~~'!~ ""~~!~~~~~~ ~!!~~ W~n~!! P!1~i!in~: U tijiis/iLocati bn: WlmHot. taHtI~ iuite ill 11l!l Niii'tfi ...fiiWfi Ijiijli*6ari! tilMP" jot :!380i l:Jc:iind tiifiiO'ltitiiin iJEeiisll tv~e: tianli: I:JCjiiJ9 f~O!riiier: status; ucef1surn Diltl3: E!-!We!J: i:irfillijiii ii' Ailffiotliiifttift elirt Of Adth II eurtWlifAdtw iiiiiojibj ;jijaa/:!et ~7::ts&n. ~QillIJlciiliin i:Jfaa~e tt "ofjf1o ' ~ta - .~~ '.- -~.- -<.::. l!lba 'rpurtmr"t Dr &olafr I certify from the records of this office thai CAMP DRESSER & MCKEE INC Is a Massachusetts corporation authorized to transact business in the Slata of Flonda, qualified 00 April 23, 1974. Tho document number of this corporelion Is 832235. I further certify thai said corporation has paid all fees due this oflic8 tflrough December 31, 2006, lhallts most recent annual report/uniform busine6s report was filed on AprH 6, 2006, and its slatus is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given UndlH my hand and tne Great 5eaJ 01' the State 01 Florida at Tallahassee, the 9aPi~lQIs the Sixth day 01 April, ;,o:uvo GIl2'ECln 1O'-tlG) 51.>.4.. '1, c.~J. "SurflL'cirnbb J;r!'rclnrl! of .,9blU M~ CONTRACT FOR THE MONROE COUNTY STORMWATER MANAGEMENT MASTER PLAN 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 CAMP DRESSER & -,.. MCKEE INC., a Massachusetts corporation, whose address is 800 Bri~1I ~v~e,~ :;0 7 :tilt r- r-. C") -;: c:: ,." Suite 710, Miami, Florida 33131, hereafter the Consultant. ~~,:. ~ ~ Oeo. W 0 1. The Consultant represents that it is professionally qualified t~~uc~th~ . :-I :r:: - ,." ...,,' po C) C"') Monroe County Stormwater Management Master Plan described in gr~te~etail ig . ..... 0 Appendix A, Scope of Services, of this Contract. The Monroe County Stormwater Management Master Plan 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. 2. The Consultant must commence work on the Plan within ten (10) calendar days of the notice to proceed provided by the County and satisfactorily complete and deliver all work products under this Contract within 730 days of the notice to proceed. 3. All communication between the parties should be through the following individuals: Monroe County George Garrett, Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Consultant Armando Perez Camp Dresser & McKee, Inc. 800 Brickell Avenue, Suite 710 Miami, FL 33131 4. The planning area covered by this Contract includes all areas within the unincorporated portion of the Florida Keys, Monroe County, Florida. Generally, this COM Contract 07/29/99 11 :36 AM area extends from the City limits of Key West to North Key Largo and the Dade County Line on U.S. Highway 1. 5. 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, Schedule of Deliverables. Approximate completion times outlined in Appendix B are intended to be flexible and may be adjusted with the recommendation of the County's Directors of Marine Resources Department and Growth Management Division and with the approval of Monroe County and Consultant at any regular meeting of the Board of County Commissioners. Appendix B also serves as the schedule of Contract Deliverables and payments for the Contract. 6. The lump sum maximum total compensation due the Consultant for satisfactorily completing the Plan is $748,853 hereafter the Contract Price. In addition, the Consultant may, at the recommendation of the County's Directors of Marine Resources Department and Growth Management Division and approval by the Board of County Commissioners, perform some or all of the Optional Tasks as outlined in Appendix A, for additional compensation up to $328,572 as presented in Appendix B. The Consultant shall not perform work which encumbers an amount greater than $250,000 of the Contract Price or Optional Tasks without prior approval of the Board of County Commissioners. 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. COM Contract 07/29/99 11:36AM 2 7. The payment for Contract Deliverables may not be made until the Task or Subtask has been determined to be satisfactorily completed by the County's Directors of Marine Resources Department and Growth Management Division. The County shall have ten (10) 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 9. The Consultant's subcontractors are not third party beneficiaries 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 preceding must be in all ConsultanUsubconsultant contracts that are funded, in whole or in part, through this agreement. 8. The preliminary examination or review by a County officer or a County employee of any Plan work product to determine generally if the Plan is proceeding in accord with the requirements of Appendix A or B does not constitute a determination of satisfactory completion. Therefore, the Consultant is not entitled to rely on any preliminary examination or review as a determination of satisfactory completion or as a condition precedent to partial or final payment. CDM Contract 07/29/99 11 :36 AM 3 9. 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. 10. 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. Keith & Associates, Inc.; b. Environmental Consulting Systems, Inc.; c. Glen Boe and Associates, Inc.; d. Danish Hydraulics Institute; e. Mote Marine Laboratory; f. Valerie F. Settles, Esq.; g. Hal Thomas, PLS; h. The Market Share Company 11. The County's consent to the eight subcontractors listed does not in any way relieve or excuse the Consultant from the complete performance of all his duties and obligations under this Contract. 12. 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. 13. This Contract is funded pursuant to Policy 4 of the Monroe County 2010 Comprehensive Plan, including County and State sources These sources include, but are not limited to, an agreement with the State of Florida. If any funding source is terminated or if there is a revenue short fall, or if there is a failure to allocate funding COM Contract 07/29/99 11:36AM 4 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 all Plan 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. 14. The following requirements apply to all of the Tasks and Subtasks performed by the Consultant under this Contract. a. The Stormwater Management Master Plan must be based on a 20- year planning period. b. The cost estimates prepared as part of the Plan must be based on order-of-magnitude costs (level of accuracy of +50 to - 30 percent) developed from the conceptual level planning. c. The County and the Stormwater Technical Advisory Committee 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. d. Deliverables will be provided to the County in the following form: i. Technical memoranda and interim draft documents: One electronic copy, excluding material that is available only as a photocopy, and 25 hard copies must be provided. ii. Final Reports at the end of each Task: One electronic copy, excluding material that is available only as a photocopy, and 50 hard copies must be provided. iii. Draft Stormwater Management Master Plan Executive Summary: one electronic copy, excluding material that is COM Contract 07/29/99 11:36AM 5 available only as a photocopy, and 50 hard copies must be provided. IV. Final Stormwater Management Master Plan Executive Summary: one electronic copy, excluding material that is available only as a photocopy, and 75 hard copies must be provided. e. The format for all electronically produced deliverables follows: i. Word Processing: Microsoft Word 97 or the latest version for Windows NT ii. Databases: Microsoft Access 97 or the latest version for Windows NT III. Spreadsheets: Microsoft Excel 97 or the latest version for Windows NT IV. GIS: All GIS coverages shall be created, generated, and delivered in Arclnfo 7.0.4 15. The Consultant must have insurance of the amount and type described in Appendix C. Appendix C is attached and incorporated into this Contract. 16. 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. 17. The Consultant must indemnify and hold harmless, to its proportionate extent, the County from and against all liability, claims and damages, loss, costs and expense arising out of any negligent act or omission 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 such negligent act or COM Contract 07/29/99 11:36 AM 6 omission, then the Consultant must defend the allegations through a mutually acceptable counsel with the Consultant bearing all cost, fees, and expenses of the defense. The Consultant's obligations under this Section are not vitiated by the purchase of the insurance required by Section 16. 18. 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. 19. 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. 20. 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. 21. 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 COM Contract 07/29/99 11 :36 AM 7 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. 22. 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 or representatives of the Florida Department of Environmental Protection (DEP), 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. This Contract is funded, in part, through a DEP between the County and the DEP.. If any audit, payroll, or other financial record keeping requirement of the County/DEP agreement is in conflict with, or has a stricter or more detailed requirement than this Section, then the requirement of the County/DEP agreement prevails. 23. 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 COM Contract 07/29/99 11:36 AM 8 the County. The County's failure to timely notify the Consultant is a waiver of this warranty. 24. 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. 25. 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 purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 26. 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. COM Contract 07/29/99 11 :36 AM 9 27. 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. 28. 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. 29. 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 a contract 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 in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. COM Contract 07/29/99 11:36 AM 10 30. 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. 31. 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. 32. The waiver of the breach of any obligation of this Contract does not waive another breach of that or any other obligation. 33. 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. 34. 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. 35. The CONSULTANT represents that each hardware, software, and firmware product delivered to the COUNTY under this Contract shall be Year 2000 Compliant. COM Contract 07/29/99 11:36 AM 11 The CONSULTANT'S responsibility under this representation shall only be to correct or replace non-Year 2000 Compliant products. "Year 2000 Compliant" is the ability of a system, process or item to: a. Handle date information before, during and after midnight, December 31, 1999, including but not limited to: accepting date input, providing date output, and performing calculations and comparisons on dates or portions of dates. Date interpretation and manipulation must be correct for all valid date values within the application domain. Regarding all calendar-related date and calendar-related processing of date data, the system/process will not malfunction, will not cease to function, will not generate incorrect data, and will not produce incorrect results. b. Function accurately and without interruption before, during, and after January 1, 2000, without any change in operations associated with the advent of the new century. c. Respond to two-digit year-date input in a way that resolves the ambiguity as to the century in a disclosed defined and predetermined manner. Interfacing software must make the same century assumptions when processing two- digit years. Accurately process and exchange dateltime data when used in combination with another system, process or item. d. Process the year 2000 as a leap year. In addition to the year 2000 leap year dates (February 28-29; March 1, 2000), the following specific dates, and the transition to and from these specific dates, must be processed without error: December 31, 1998; January 1, 1999; September 9, 1999; September 10, 1999; December 31,1999; January 1, 2000; December 31,2000; January 1, 2001; December 31,2004; and January 1,2005. e. Correctly handle date field containing non-date information and correctly handle a date held in a non-date field. f. Correctly process any date with a year specified as "99" and "00" regardless of other subjective meanings attached to these values. 36. This Contract takes effect on the date of the signature of the last party to sign. COM Contract 07/29/99 11:36 AM 12 IN WITNESS WHEREOF each party hereto has caused this Agreement to produce the Monroe County Stormwater Management Master Plan to be executed by its duly authorized representative, .//'-" - - -', ":h . . ,-' , . . ,.... ~ i. 1" - ~,. . SEAL ,....., '.. ;. t ( "~'-\'Y't ~~- ,,. ,,-." . i 1 ,...~" '.' ..... -1\ , 11' .1 J~ . "/ . / 1 ~.: ~'J' KOlH.IGE. aEIJC .- .,p' -..-..- DePUTY C1.E G~j , Deput Clerk - ~ (SEAL) By a.~-do r/ ~~ Title V~ ~~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~E COM Contract 07/23/99 3:37 PM BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA . .. ~\ By \.U. ~.'$\,..aJ ....... .~ ~ lo--....... Y Mayor/Chairman 8-' a ~qq Camp Dresser & McKee, Inc. Attest: By c..~ L f fL I:- 13 Appendix A Scope of Services Monroe County Stormwater Management Master Plan (SMMP) Appendix A: Scope of Services July 1999 Monroe County, Florida (COUNTY) is required by the adopted Year 2010 Comprehensive Plan (Comp Plan) to prepare a Stormwater Management Master Plan (SMMP) which will assess the adequacy of existing systems, prioritize storm water management needs for each island, identify regulations and policy needs, and develop a plan to finance the construction, operation and maintenance of required facilities. To this end, the COUNTY has employed Camp Dresser & McKee Inc. (CONSULTANT) to complete the SMMP. The basic elements of the SMMP include: Information/Data Gathering and Assessment; Objectives and Standards Setting; Management Strategies and Alternatives; Recommended Programs; and Public Interaction. The geographic area of this project consists of the islands (also referred to as the Keys) in the COUNTY, which are traversed by US Highway 1, or are connected via a bridge to one of these islands. Task I of the scope of services includes data collection within the incorporated areas (i.e., Key West, Key Colony Beach, Layton and Islamorada); referred to as CITIES. Separate scopes of services and associated fees provide master planning services for the CITIES related to the other tasks. At the COUNTY'S option, the CONSULTANT may provide supplemental or expanded services related to storm water management services such as detailed modeling (see Optional Tasks below), public awareness, legal services, permitting, design, and services during bidding and construction for the programmed improvements. Provided below are the BASIC SERVICES to be provided by the CONSULTANT. Unless otherwise stated, the CONSULTANT will provide draft and fmal reports prepared for the SMMP in both paper and electronic formats, excluding material that is available only as a photocopy. Task I Information and Data Compilation and Assessment The CONSULTANT will compile existing data, reports and information from the following sources as applicable to this scope of services. From the COUNTY: . Monroe County 2010 Comprehensive Plan; . Monroe County Sanitary Wastewater Master Plan; . Water Quality Protection Program Phases I, II, and III documents; . Final Water Quality Protection Program Document; . Marathon Wastewater Facilities Plan and supporting documents; . Florida Keys National Marine Sanctuary's Management Plan; and, . Any other pertinent data associated with the SMMP. Monroe County Stonnwater Management Master Plan Scope of Services Page 1 From other sources: . City of Key West Stormwater Runoff Study; . Key Colony Beach Stormwater Management Master Plan; and, . Pertinent documents from other agencies such as Florida Department of Transportation (FDOT), Florida Department of Community Affairs (FDCA), South Florida Water Management District (SFWMD), US Fish and Wildlife Service, US Environmental Protection Agency (US EP A), US Army Corps of Engineers (US CO E), National Oceanic and Atmospheric Administration (NOAA), US Park Service, US Geological Service (USGS), National Weather Service, Florida Marine Research Institute (FMRI) and the Florida Keys National Marine Sanctuary. Other data and reports as available from the members of the Storm water Technical Advisory Committee will also be compiled and assessed for relevance to the COUNTY SMMP. Data to be collected are defined in the following subtasks. Subtask I-A Natural Setting, Population and Land Uses 1. The CONSULTANT will gather and assess available existing data related to stormwater management on the islands of the Keys. The CONSULTANT will obtain available storm water management information from existing sources in the following areas: population statistics, near- shore marine information (currents, circulation, biology, etc.), existing maps and studies, existing and future land uses (built-out and redeveloped), rainfall data, hydrogeology, historical complaints from the public, known/observed problem areas (both nuisance flooding and water quality), available records of high water marks, flooding and canal water levels, as-built construction documents, design drawings, stormwater management studies, permits, survey information, Federal Emergency Management Agency (FEMA) Flood Insurance Study (PIS) and Flood Insurance Rate Maps (FIRMs), water quality data and other data available to the COUNTY. Where available from the COUNTY and/or SFWMD, the CONSULTANT will also obtain digital geographic information system (GIS) coverages (digital files and maps) of topography, soils, land uses, and other pertinent information. 2. The CONSULTANT will use the National Oceanic and Atmospheric Administration (NOAA), US Coast Guard, and other COUNTY sources for information on local tides, currents, and bathymetry . 3. The CONSULTANT will collect available groundwater information to help quantify stormwater infiltration. The CONSULTANT will provide to the COUNTY and T AC twenty-five (25) copies of tables and maps compiled as part of the first three elements of this subtask, as well as a listing of data sources. 4. Using available maps, the CONSULTANT will identify, delineate, and refine hydrologic units (drainage basins and patterns) and serious problem areas (water quality impairment and flooding Monroe County Stonnwater Management Master Plan Scope of Services Page 2 of homes and buildings which occur during small storm events). The COUNTY GIS will be used wherever possible. The COUNTY and CONSULTANT will mutually agree on the base map coverages used for hardcopy submittals of mapped information. 5. The CONSUL T ANT will evaluate geographical and seasonal rainfall patterns as well as inter- event information. 6. The CONSULTANT will use available data for soils data including percentages ofNRCS Soil Groups A, B, C, and D by hydrologic unit, as well as infiltration rates and total soil storage values based upon groundwater levels and local soils data. This will be coupled with the evaluation of island hydrogeology. 7. The CONSULTANT will use the population data and statistics provided by the COUNTY. The CONSUL T ANT will not provide additional analysis of these data. 8. The CONSULTANT will catalog the present and future land use data from the COUNTY Comp Plan into 10 to 12 classifications based on hydrologic similarity (i.e., anticipated runoff quantity and quality). These land use categories may include residential, commercial, industrial, airports, marinas and related development, roads and bridges, conservation lands (existing and proposed), undeveloped land, wetlands, water bodies, and development restrictions. The COUNTY will provide future land use (Year 2010 and built out). The CONSULTANT will add existing areas of unstabilized and unpaved land use adjacent to bridges. 9. The CONSULTANT will provide twenty-five (25) copies of a Data Needs Assessment Technical Memorandum summarizing the data sources, types, and reports along with a summary of data generated during the review and data still needed for subsequent tasks. This will include data discussed previously as well as problem areas, environmental constraints, and GIS coverages. The CONSULTANT will also develop an Action Plan Section of the memorandum to obtain the needed data. The CONSULTANT will meet with the COUNTY staff to discuss the results of the Data Needs Assessment Technical Memorandum. Sub task I-B Pollutant Load Targets and Analysis The CONSULTANT will use the Watershed Management Model (WMM) to evaluate relative annual and seasonal (wet and dry) stormwater-related pollutant loads to receiving waters. WMM will be used to conceptually evaluate and screen the changes due to land use, septic tanks and BMPs based upon available data. The CONSULTANT will identify potential "hot spots" for stormwater pollutant loading, and, where necessary or deemed productive, will identify areas where more detailed pollutant modeling might be needed. This task will be accomplished as follows: 1. The CONSULTANT will tabulate available data for existing storm water BMPs, discharge data on major wastewater treatment plants, and available data for septic tanks (e.g., spatial location, Monroe County Stonnwater Management Master Plan Scope of Services Page 3 sewer service areas, septic failure rates, and septic tank maintenance records). To compare stormwater loading to wastewater loading, the CONSULTANT will use COUNTY provided information from the Sanitary Wastewater Master Plan for onsite wastewater systems. To the extent practicable, the basin boundaries for the WMM loading calculations will match the boundaries of the service areas for the Monroe County Sanitary Wastewater Master Plan. The CONSULTANT will provide the COUNTY and T AC twenty-five (25) copies of tables and maps prepared as part of this effort. 2. The CONSULTANT will set up and apply the WMM using nonpoint source loading factors for model input such as baseflow pollutant concentrations, runoff coefficients, event mean concentrations (EMCs), and septic tank loading factors, based on available data. The CONSUL T ANT will estimate relative annual and seasonal nonpoint source nmoff volumes and pollutant loads for the twelve EP A NPDES indicator pollutants (i.e., biochemical oxygen demand, chemical oxygen demand, total suspended solids, total dissolved solids, total phosphorus, dissolved phosphorus, total Kjeldahl nitrogen, total nitrogen, lead, copper, zinc, and cadmium) for present and future land use conditions. The CONSULTANT will use its database of EMCs compiled from previous studies within the United States combined with local EMC data where available. To the extent practicable from available EMC data, the CONSULTANT will separate US 1 as an individual land use. Present and future nonpoint source loadings from each island will be compared and qualitatively evaluated based on relative changes for land use and BMP implementation to indicate potential water quality impacts to the receiving water body. Based upon the water quality evaluations, the CONSULTANT will develop a water quality problem area list and map. Tables and bar charts will be used to present the results. The CONSUL T ANT will document the findings of the Pollution Load Targets and Analysis in a technical memorandum that will become a chapter in the Data Compilation and Assessment Report. The CONSULTANT will provide twenty-five (25) copies of the Pollution Load Targets and Analysis technical memorandum to the COUNTY and T AC. 3. The CONSULTANT will deliver the WMM program and final datasets used in the Monroe County SMMP and offer the COUNTY a half-day training session providing hands-on training for WMM use. Subtask l-C Existing Systems 1. The CONSULTANT will conduct an inventory of existing stormwater systems within the COUNTY using field visits and existing documents. The inventory will include publicly owned storm water facilities (COUNTY and CITIES), stormwater facilities along COUNTY primary roads, stormwater facilities along FDOT roads, and facilities within commerciallindustrialland use along primary roads. Topographic survey data collection is not included in the subtask. The CONSUL T ANT will use existing aerial photogrammetric mapping and existing survey data to inventory existing storm water systems. Monroe County Stonnwater Management Master Plan Scope of Services Page 4 2. Additionally, the CONSULTANT will field visit up to fifteen (15) major storm water systems to provide photographic data as well as assessments of the maintenance being provided and estimates of the overall efficiency of the structure. The COUNTY and CONSULTANT will jointly decide on the major storm water systems that will be visited by the CONSUL T ANT. 3. The CONSULTANT will also q~itatively assess the stormwater management systems within up to ten (10) residential subdivisions. The CONSULTANT will query the following sources for additional data: · Monroe County permit files; · South Florida Water Management District; · National Pollutant Discharge Elimination System records from EP A; · Florida Department of Transportation; . City of Key West; · City of Key Colony Beach; and, · US Army Corps of Engineers. This inventory will also include the identification of systems requiring evaluation for water quantity due to flooding problems identified previously. The intent of this effort is to characterize the cause of existing nuisance flooding. 4. The CONSUL T ANT will compile the data into one or more spreadsheets or databases for tabular data and digital map coverages for spatial data. The CONSULTANT will not integrate the databases and digital maps into a geographic information system (GIS). The CONSULTANT will format the information in a way such that the digital information could eventually be incorporated into a GIS under a different project. The CONSULTANT will also provide to the COUNTY a general approach on developing a GIS system. The CONSULTANT will provide the results of this subtask to the COUNTY in an Existing Systems technical memorandum that will eventually become a part of the Data Compilation and Assessment Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Subtask I-D Existing Regulatory Programs The CONSULTANT will compile information regarding existing regulatory programs responsible for the management of storm water within the COUNTY including Monroe County itself, the incorporated cities (Key West, Village oflslamorada, Layton, and Key Colony Beach), SFWMD, FDEP, the Florida Department of Transportation (FDOT), Florida Department of Community Affairs (FDCA), the United States Environmental Protection Agency (US EP A). Other governmental interests include the other members of the Stormwater Technical Advisory Committee (Florida Keys Aqueduct Authority, US Fish and Wildlife Service, US Park Service, US Army Corps of Engineers, and the National Ocean and Atmospheric Administration). Among other regulatory requirements, the CONSULTANT will consider the following programs: Monroe County Stormwater Management Master Plan Scope of Services Page 5 . Environmental Resource Permit Program (SFWMD); . Stormwater Ordinance and Layman's Brochure (Monroe County); . Land Development Regulations and development restrictions (Monroe County); . Submerged Lands and Environmental Resource Permit Program (FDEP); . Class Five Wells and Ground Injection Control Program (FDEP); . National Pollutant Discharge Elimination System Permits (US EP A); . Area of Critical State Concern and Coastal Management Program (FDCA); and, . Permits under Chapter 14-86, Florida Administrative Codes (FDOT). The CONSULTANT will provide twenty- five (25) copies to the COUNTY and T AC of a technical memorandum summarizing the regulatory and governmental oversights provided by each agency and relate the stormwater program to be developed in the COUNTY to each agency. The CONSUL T ANT will include the following topics in the memorandum: permit requirements, inspections required during and after construction, inspection compliance, overall compliance with regulations and maintenance, evaluation of staffing and training, and overall effectiveness of the regulatory program. The Existing Regulatory Programs technical memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Subtask I-E Existing Stormwater Management Methods and Technologies The CONSULTANT will provide a summary compilation of stormwater management and treatment methodologies currently in use within the Florida Keys. The assessment will include conventional conveyance and storage technologies such as those evaluated in Key Colony Beach and Key West. Potential methods and technologies reviewed will include wet and dry detention, buffer strips, baffle boxes, oil-water separators, chemical additives, recharge wells and bore holes with pretreatment, exfiltration, altered wetlands utilization or enhancement, protection of pristine wetlands, retention ponds, gradually sloped swales, and multipurpose facilities which can serve as park, conservation (e.g., reuse), and/or recreation areas. The focus of the assessment will be on methods that can be applied in publicly owned rights-of-way rather than in private property. The CONSULTANT will invite vendors of new and innovative stormwater technologies to test their products within the Keys. The CONSULTANT will assess the tests relative to applicability within the Keys. The CONSUL T ANT will also document and assess other structural methods for the control of storm water which may be applicable to the Keys but which are not currently being employed. The CONSUL T ANT will research available literature to document potential pollutant removal efficiencies for the structural improvements assessed. The CONSULTANT will provide the COUNTY with twenty-five (25) copies of the technical memorandum on Existing Stormwater Management Methods and Technologies documenting the findings of this subtask. The memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Monroe County Stonnwater Management Master Plan Scope of Services Page 6 Subtask I-F Nonstructural Storm water Management Methods Associated with Subtask I -E, the CONSUL T ANT will consider nonstructural storm water management methods as they might apply to the COUNTY. Nonstructural methods to be considered will include: public education, street cleaning, hazardous materials management, restrictions on the use of phosphates, stringent litter control programs, control of gray water, control of unconsolidated fill materials, erosion and sediment controls, low impact development (e.g., reduced runoff), Florida Clean Marina Program, and Florida Yards and Neighborhoods program. The CONSULTANT will add other BMPs to the list of nonstructural methods if deemed potentially applicable to the environment of the COUNTY. The CONSULTANT will assess the applicability of each BMP for the types of problems experienced in COUNTY. The CONSULTANT will also research available literature to list pollution removal efficiencies of nonstructural storm water management methods considered. The CONSULTANT will provide the COUNTY with twenty-five (25) copies the Nonstructural Stormwater Management Methods technical memorandum documenting the findings of this subtask. The memorandum will be written in a format to become a chapter in the Data Compilation and Assessment Report. Subtask I-G Data Compilation and Assessment Report The CONSULTANT will compile and organize the technical reports and memoranda completed during Task I into a Data Compilation and Assessment Report. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report. The CONSULTANT will produce a draft Report providing information and results from Subtasks I-A through Subtask I-F including assessments of data collected, pollutant loading and analysis, existing systems inventory, summary of regulatory programs, and general evaluation of structural and non- structural best management practices. Twenty-five (25) copies of the draft Report with executive summary will be distributed to the COUNTY and Stormwater T AC for review. The CONSULTANT will meet with the COUNTY and T AC to discuss comments on the draft Report. The CONSUL T ANT will address comments received and produce a final Data Compilation and Assessment Report. Fifty (50) copies of the final Report, including one un-bound, photo- reproducible copy, will be distributed to the COUNTY and Stormwater T AC. The CONSULTANT will also address comments received on the draft executive summary and provide fifty (50) copies of a final executive summary for the final Report. Subtask I-H Nutrient Reduction Credits for Stormwater Systems The COUNTY currently obtains credits for nutrient reduction when an on-site wastewater facility has been fixed or removed. The credits can be "redeemed" for residential construction. The CONSULTANT will evaluate the potential nutrient reduction credits potentially available for the remediation of stormwater quality areas through best management practices. The CONSULTANT Monroe County Stonnwater Management Master Plan Scope of Services Page 7 will provide the results of this analysis in a letter report to the COUNTY and meet with the COUNTY to discuss the letter. T ask II Objectives, Standards and Problem Area Ranking The CONSULTANT will define a list of goals and objectives for the Monroe County SMMP by working with the Storm water T AC. As a start, the CONSULTANT will use the goals as defined by the Comprehensive Plan. From the information gathered during Task I, the CONSULTANT will define a list of problem areas (including those identified in Subtask I-B) which will be preliminarily identified as high, medium or low priority. High priority water quality related problems potentially affect public health or the health of the aquatic ecology. Priority flood-related problems potentially affect public health or welfare and can be nuisance in nature. The CONSULTANT will augment and modify this preliminary list with information from the T AC, elected officials and the public based upon the public interaction program (Task V). Based upon the public meetings and the workshop, the list of goals, objectives, and prioritized problem areas will be weighted by importance to each community through discussions with the T AC, elected officials and the public. The list will define the areas for which Stormwater Management Strategies (Task III) may be completed. The CONSULTANT will produce a draft Objectives, Standards, and Problem Areas Report that documents the findings of Task II. The Report will be written in a format to become a Section in the Final Storm water Management Master Plan Report. Twenty-five (25) copies of the draft Report with executive summary will be distributed to the COUNTY and the T AC for review. The CONSUL T ANT will meet with the COUNTY to review the draft report. The CONSULTANT will address comments received and prepare a final Objectives, Standards and Problem Areas Report. Fifty (50) copies of the final Report and executive summary will be provided to the COUNTY and T AC including one un-bound, photo-reproducible copy. Task III Stormwater Management Strategies and Solutions The purpose of this task is to evaluate various alternative structural and nonstructural options to remediate the problem areas and achieve the goals identified in Task II. Subtask JIl-A Alternatives for Stormwater Management Retrofit 1. From the list of potential alternatives, the CONSULTANT will consider alternatives to improve stormwater pollution control and flood reduction in areas of existing development, i.e., "retrofitting". The CONSULTANT will select and prioritize up to 15 problem areas to retrofit; develop retrofit alternatives for each problem area, and compare alternatives and select a Monroe County Stonnwater Management Master Plan Scope of Services Page 8 recommended plan. The COUNTY and CONSULTANT will mutually decide on the fifteen problem areas prior to initiation of this subtask. If Task OT-l (Detailed Integrated Modeling of Stormwater Systems) is authorized by the COUNTY for the area of potential retrofit. the CONSUL T ANT will use the developed models to consider the retrofit alternatives. The CONSUL T ANT will use the WMM model to consider the potential pollution loading reduction possible with the implementation of the alternatives. However, the CONSULTANT will only be required to provide such analysis for alternatives for which pollutant load removal efficiencies are available in literature for the BMP considered in the alternative. The CONSULTANT will work with the Monroe County Land Authority to consider parcel acquisition for preservation where feasible. The CONSULTANT will evaluate alternatives to provide the COUNTY a desired level of service for water quality and quantity. The alternative evaluations shall be based on the following factors: . Implementation constraints for both structural and nonstructural alternatives, including present condition retrofits and/or modifications and future growth plans. . The ability to implement regional, integrated water quantity and quality management alternatives. Alternatives will be directed toward solving serious problems which will also aid/relieve some nuisance problems. The alternatives will be based on comprehensive water quality and water quantity solutions which will consist of nonstructural (ordinance or regulations) and structural solutions. . Capital, operation and maintenance costs for the recommended management alternatives. 2. The CONSULTANT will consider a treatment train of structural solutions based upon the list of alternatives defined in Subtask I-E. Conservation/reuse opportunities will also be conceptually identified. 3. The CONSULTANT will also evaluate improved maintenance where additional pipe or channel maintenance can be performed to improve overall system maintainability and reliability. 4. The CONSULTANT will also consider cost effective land use controls for both flood control and water quality retrofit so that flood control and water quality LOS goals are met, wherever possible. When a flood control alternative is required, the upstream area from the improvement will be considered for potential retrofit. Additional water quality improvements are considered based upon pollutant load projections, presence of known water quality problems, and existing constraints. 5. The CONSULTANT will document the results of this subtask in an Alternatives for Stormwater Retrofit technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Monroe County Stormwater Management Master Plan Scope of Services Page 9 Subtask III-B Regulated Systems Restoration - Compliance and Enforcement 1. The CONSULTANT will evaluate the rehabilitation of existing storm water systems already permitted or regulated within the COUNTY. From the inventory of existing systems completed in Task I, the CONSULTANT will qualitatively evaluate the construction and maintenance of up to 10 major systems based upon field visits of the systems. The field visits will provide photographs of the systems visited. The field visits and qualitative evaluations by the CONSUL T ANT will not constitute certification of as-built drawings. The benefits and costs of restoring the systems identified will be defined and strategies to fix existing onsite facilities will be offered along with enforcement strategies so that they will not fall into disrepair again. 2. The CONSULTANT will also identify potential staffing needs required to implement the enforcement strategy as well as to provide staff training. The CONSULTANT will document the results of this subtask into a Regulated Systems Restoration technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Sub task III-C Future Storm water Management Needs Since the COUNTY has indicated that little future growth is anticipated, the CONSULTANT will only provide general recommendations regarding the control of future growth to minimize the potential storm water runoff impacts. The CONSULTANT will summarize development controls through regulations and other methods to regulate growth related to new residential development as well as commercial developments. The CONSULTANT will generally examine the need for, and effectiveness of, onsite stormwater systems to treat runoff and attenuate development-induced increases in stormwater volume and peak runoff. The CONSULTANT will also generally consider regional systems as well as public-private partnerships for cost sharing. Whether residential or nonresidential, development controls will be generally designated for use in developed, high intensity growth and sensitive areas through the treatment train process. Where necessary, both source controls and structural controls will be considered. In non-sensitive areas or areas with low growth potential, only source controls may be needed on a volunteer basis. The CONSULTANT will document the results of this subtask into a Future Stormwater Management Needs technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Subtask III-D Regulatory Program Improvements I. The CONSULTANT will evaluate and recommend regulatory controls that may be necessary to maintain or reduce storm water impacts to the environment. Regulatory controls may include changes to the stonnwater management ordinance of the COUNTY to address thresholds for the retrofit of existing development, new development stormwater management criteria, and controls Monroe County Stonnwater Management Master Plan Scope of Services Page 10 on sources of stormwater pollution such as those recommended by the federal National Pollution Discharge Elimination System (NPDES) stormwater permitting regulations. These regulations suggest the following regulatory controls: the control of stormwater pollutants from industrial activities including construction; the prohibition of non-stormwater discharges to the stormwater system (e.g., washing machine wastewater, restaurant waste discharge, etc.); the proper response to spills and elimination of dumpipg; the control of stormwater moving from one municipality to another; requirements for proper federal, state and regional permits; and inspection, surveillance and monitoring. 2. To gain the support of the regulated community, the CONSULTANT will work to educate development reviewers, inspectors, local engineers, and developers to define the benefits of the regulatory programs. Prior to the recommendation of regulatory controls, the CONSULTANT will meet on two (2) occasions with COUNTY development review staff, local ENGINEERS and developers to help develop proper regulatory controls and acceptable measures for pollution reduction. Results of these meetings will be incorporated into the results of this subtask. 3. The CONSULTANT will document the results of this subtask in a Regulatory Programs Improvement technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Subtask III-E Nonstruetural Storm water Management Programs Alternatives The CONSULTANT will consider source controls and structural controls together in a treatment train. Examples of non structural solutions (source controls) to be considered are: public education, street cleaning, hazardous materials handling, phosphate use restrictions, litter control, control of gray water, erosion/sediment control, land use planning, public information programs related to household hazardous materials, directly connected impervious area minimization, illicit connection removal, construction site controls, low impact development and proper operation and maintenance of municipal and private onsite stormwater systems. The CONSULTANT will evaluate such source controls relative to application within the COUNTY and to efficiency of storm water pollution control for the pollutants of concern. If numerical information on the pollutant removal efficiency is available based upon literature research, the CONSULTANT will evaluate the potential pollution load reduction available with the application of the nonstructural BMPs within the COUNTY. The CONSUL T ANT will document the results of this subtask in a Nonstructural Stormwater Management Programs Alternatives technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and TAC. Monroe County Stormwater Management Master Plan Scope of Services Page 11 Subtask JIl-F Evaluation Program The CONSULTANT will develop a program to document the success of the recommended plan. The purposes for assessing the effectiveness of the SMMP will be: . Regulatory agencies can determine the effectiveness of the programs that are implemented to encourage the activities that work and eliminate those that do not. . COUNTY elected officials can assess whether limited public funds are being spent properly to achieve actual improvements to the environment. . The public can be shown the benefits of the programs that they have funded. The CONSULTANT will recommend post-planning monitoring ofthe success of the implemented program. Monitoring may include documentation of program improvements and effectiveness (e.g., reports on frequency and volume of debris removal by street sweeping or litter control, documentation of participation of coastal cleanup activities, etc.), reporting of reduced public complaints and concerns, the elimination of prolonged flooding, and ambient water quality monitoring. The CONSULTANT will strive to coordinate ambient monitoring activities if any are recommended with existing ambient monitoring programs to eliminate or at least reduce redundant sampling and analysis. The CONSULTANT will document the results of this subtask into a technical memorandum that will eventually become a part of the Strategies and Solutions Report. Twenty-five (25) copies of the technical memorandum will be provided to the COUNTY and T AC. Task JIl-G Storm water Management Strategies and Solutions Report The CONSULTANT will compile the technical memoranda prepared during Task III into the Stormwater Management Strategies and Solutions Report documenting the findings of Subtasks III- A through III-F. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report and include the consideration of stormwater management retrofits, recommendations for compliance and enforcement issues for regulated systems restoration, assessment of future stormwater management needs, suggestions for regulatory program improvements, consideration of non-stormwater management options, and definition of an evaluation program. Twenty-five (25) copies of the draft Report with executive summary will be provided to the COUNTY and T AC for review. The CONSULTANT will meet with the COUNTY to discuss comments on the draft Report. The CONSULTANT will address comments received and distribute to the COUNTY and TAC fifty (50) final copies of the Stormwater Management Strategies and Solutions Report including on unbound, photo-reproducible copy and executive summary. Monroe County Stonnwater Management Master Plan Scope of Services Page 12 Task IV Implementation Program The CONSULTANT will develop an implementation program including an overall schedule with milestones, primary responsibilities, capital improvement program and funding process. Because there will be numerous interested agencies and participants, the CONSULTANT will continue to work with the COUNTY staff (e.g., ,Marine Resources, Environmental Resources and Planning Departments) and the Stormwater T AC to define the implementation plan and identify responsibilities and opportunities for cooperative efforts. Subtask IV-A Implementation Schedule The CONSULTANT will prepare an overall SMMP schedule defining the general order of activities for structural and non-structural improvements, and where possible, a milestone schedule with pertinent real completion dates. The schedule will be based upon the criteria identified in Task II (Objectives, Standards and Problem Areas) so that the critical and priority concerns are addressed immediately. Also, the schedule will consider system dependency, cost-effectiveness of those activities with associated costs, water quality priorities, and funding. The CONSULTANT will provide the COUNTY with a draft schedule that will become part of the final Implementation Report. Sub task IV-B Implementation Responsibility Because the implementation of the SMMP may require the participation of numerous agencies, the CONSUL T ANT will prepare a list of SMMP actions with associated responsibilities. The CONSUL T ANT will identify activities and associated responsibilities, maximizing cooperative efforts and minimizing redundancy. The CONSULTANT will document the results of this subtask in an Implementation Responsibility technical memorandum that will eventually become a part of the Implementation Report. Twenty-five (25) copies ofthe technical memorandum will be provided to the COUNTY and T AC. Sub task IV-C Elements Implementation The CONSULTANT will include, as part of the implementation plan, the consideration and recommendation of programs in the areas of funding and endorsements. 1. Funding. The CONSULTANT will explore methods to fund the SMMP. Potential methods include ad valorem taxes; special assessments (non-ad valorem assessments); 2 cent sales taxes; impact fees; local option gas taxes; stormwater utility user fee; local government infrastructure sales tax; public service tax; federal, state and water management district loans and grants; and public-private partnerships. The CONSUL T ANT will also consider advantages and disadvantages of financing strategies such as pay-as-you-go versus bond financing. Of particular Monroe County Stonnwater Management Master Plan Scope of Services Page 13 interest will be a stormwater utility fee within the COUNTY, which is recommended by the Comprehensive Plan. The CONSULTANT will also consider federal funding opportunities, providing information on the potential coordinating agency and types of projects supported. The CONSULTANT will search available information to find appropriate grants and loans to support the SMMP. 2. Endorsements. Because of the numerous agencies involved in the protection of the Florida Keys environment and ecology, permits, endorsements and outside agency support will be necessary for the implementation of the SMMP. As part of the implementation plan, the CONSULTANT will identify required or desired approvals including federal, state, regional, and local agencies. The CONSULTANT will document the results of this subtask in an Elements Implementation technical memorandum that eventually will become part of the Implementation Report. Twenty-five (25) copies ofthe technical memorandum will be provided to the COUNTY and T AC. Subtask IV-D Implementation Program Report The CONSULTANT will compile documents prepared during the execution of Subtasks IV-A through IV -C in a draft and final Implementation Program Report. The Report will be written in a format to become a Section in the Stormwater Management Master Plan Report. Twenty-five (25) copies of the draft Report will be provided to the COUNTY and T AC for review. The CONSUL T ANT will meet with the COUNTY to discuss comments on the draft report. The CONSUL T ANT will address comments received and distribute fifty (50) copies of a final Implementation Program Report to the COUNTY and T AC including one unbound, photo- reproducible copy. A draft and final executive summary will also be provided. Task V Public Interaction Program The CONSULTANT will develop and implement a public interaction and education program to inform the public about stormwater issues, gather supplemental information, and build support for implementation. At each of the meetings defined below, opportunities for public education on the issues related to storm water runoff will be offered. The CONSULTANT will develop a stakeholder and public interest database that will include information on groups and individuals who have expressed interest in the SMMP. The database will be augmented with information collected during each public meeting. Subtask V-A Public Input on Goals. Standards and Problem Areas The CONSULTANT will hold four (4) public workshops to discuss objectives and goals for the SMMP. The group of meetings will consist of the following: one set at the beginning of the project and one set at the beginning of Task II. During each public workshop, the CONSULTANT will Monroe County Stonnwater Management Master Plan Scope of Services Page 14 provide summaries (e.g., maps and photographs) of information gathered during Task I and provide opportunities for the public to provide information regarding public expectations and priorities for the SMMP. After the public workshops have been completed, the CONSUL T ANT will present the findings to the COUNTY Commissioners in a workshop. In connection with these workshops, the CONSUL T ANT will provide advertising and press releases in the Upper, Middle, and Lower Keys. The CONSULTANT will subsequently document the information provided in the workshops though a summary memorandum to the COUNTY. Subtask V-B Public Input on Storm water Management Strategies The CONSULTANT will hold two (2) public workshops in the to consider potential stormwater management strategies as defined by Task III. The workshops will provide information on the problems being resolved, goals and standards recommended during Task II and model results, if appropriate, accomplished during Task III. The CONSULTANT will also provide information on the benefits and potential costs of alternatives. The CONSULTANT will document comments received during each meeting in a memorandum provided to the COUNTY and Stormwater T AC within 14 days after each meeting. After the public workshops are completed, the CONSUL T ANT will meet with the COUNTY Commissioners in a workshop to discuss public workshop results. In connection with these workshops, the CONSULTANT will prepare advertisements and press releases and subsequently document the information heard or obtained in the workshops through a summary memorandum to the COUNTY. Subtask V-C COUNTY Commission Presentation The CONSULTANT will hold one (1) presentation to the Board of County Commissioners to present the results of the SMMP. The CONSULTANT will be responsible for the presentation, presentation handout materials, and the meeting location. Subtask V-D Community Group Meetings At the COUNTY'S request and approval, the CONSULTANT will provide presentations (formal and informal) at various community group meeting and functions in order to further public involvement, education and support. For the purposes of budgeting, up to five (5) such presentations have been included in this scope of services. Subtask V-E Newsletters The CONSULTANT will prepare three (3) newsletters documenting the status of the SMMP and inform readers of decisions made, upcoming events associated with the SMMP and upcoming opportunities for public input. Prior to distribution to the public, the COUNTY will review and approve the newsletters. The CONSULTANT will print and mail up to 2,000 copies of each newsletter for distribution. The newsletter will be made available at public places such as city halls, Monroe County Stormwater Management Master Plan Scope of Services Page 15 courthouses, post offices and libraries. The newsletters will also be made available to local newspapers. Subtask V-F Web Page The CONSULTANT will create, maintain and operate a webpage using the COUNTY'S server to inform the public as well as offer project deliverables for review. The CONSULTANT will include the newsletters, appropriate photographs, and other data to provide the public with web-based information on the important aspects of the development of the SMMP. Task VI Stormwater Management Master Plan Executive Summary At the completion of Tasks I through V, the CONSULTANT will extract key material from each of the Tasks to prepare an overall SMMP Executive Srnnmary. The CONSULTANT will produce fifty (50) copies of the Draft SMMP Executive Summary for the COUNTY and Stormwater TAC review. The CONSULTANT will address comments received and provide seventy-five (75) copies of the final SMMP Executive Summary, including one (1) photo-reproducible version. Monroe County Stonnwater Management Master Plan Scope of Services Page 16 Optional Tasks Task OT-I Integrated Modeling of Storm water Systems 1. The CONSUL T ANT will develop detailed surface, groundwater and near shore water models of up to two (2) islands within the COUNTY for the purpose of testing potential stormwater management alternatives to address identified problem areas. The two islands will be selected mutually between the COUNTY and CONSULTANT. The modeling will include hydrologic and hydraulic models of the surface runoff, groundwater modeling including surface water interaction, and near shore circulation models. Boundary conditions will be augmented by information provided by the Florida Bay Model developed by the USCOE. The surface water model will consider up to 10 conduits and catchments for each island. The modeling will include calibration to available tide gages historically monitored in the area of the two islands and will simulate salinity and one other conservative pollutant as a measure of potential effects of pollutant runoff to groundwater and near shore waters. Prior to starting the models, the CONSUL T ANT will review the USCOE Florida Bay Model to determine its applicability for modeling of the islands. 2. Based upon the LOS and other goals identified in Task II, the CONSULTANT will simulate the existing stormwater management system for the two islands during the selected design storm events for existing and future (built-out) land uses. The CONSULTANT will tabulate the peak flows and elevations at selected locations for the design storm events defined in Subtask I-A. Task OT-2 Regulatory and Funding Assistance 1. The CONSULTANT will provide assistance to the COUNTY in evaluating and responding to the regional, state and federal regulatory issues arising out of the planning or implementation of the SMMP. Assistance may include travel to agency offices, meetings with various agencies, telephone conversations, drafting of correspondence, legal support, or other activities that further the regulatory support of the SMMP. 2. The CONSULTANT will provide assistance to the COUNTY in obtaining funding and in-kind support from regional, state or federal agencies for the implementation of the elements of the SMMP. Assistance may include travel to agency offices, meetings with various agencies, telephone conversations, drafting of correspondence, legal support, user fee or assessment database development, additional public acceptance programs, and other activities that help provide funding of the elements of the SMMP. Monroe County Stormwater Management Master Plan Scope of Services Page 17 Task OT.3 Additional Public Meetings The CONSULTANT will provide an additional public meeting in the same manner as Subtask V-A or V -B when specifically authorized by the COUNTY. The CONSULTANT will be responsible for the meeting location, advertisement and meeting materials. 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" :<'~ [~ ~~" ~ii :i;'!:: :::..- ~ = = ... .. .. .. ... ... -; ::I .. a ::: ~ ... ... .... iO " 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 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: . 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 of thirty (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 any liability or obligation assumed under this contract or imposed by law. Administration Instruction #4709.3 2 1996 Edition The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and professional liability insurance. Any deviations from these General Insurance Requirements must be requested in VvTiting on the County prepared form entitled "Request for Waiver ofInsurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.3 3 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMW A TER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE 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 Completed 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 Administration Instruction #4709.3 57 1996 Edition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMW A TER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE INC. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance 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: $3,000,000 Aggregate PR03 Administration Instruction #4709.3 80 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMW A TER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE 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 issued to satisfy the above requirements. VL3 Administration Instruction #4709.3 84 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMWATER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE 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 $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily 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 the 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 Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. we3 Administration Instruction #4709.3 91 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor 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. TCS AMENDMENT I :.t. CJ o ~ z _ ::0 C"') ~,' o-~ (T1~"'" 0' l- DC"')' e: -- :f.; z?'o -iC"')r -< ,;::C . :-' J> '"1'\ c;) r rr1 ~ r-3 c::::> c::::> CONTRACT FOR THE MONROE COUNTY STROMWATeR MANAGEMENT MASTER PLAN -u :x '? c..n (Jl THIS IS A CONTRACT AMENDMENT to a contract between the parties dated July 16, 1999 (original Contract), and is entered into between Monroe County, whose address is Marathon Government Center, 2798 Overseas Highway, Suite 420, Marathon, FI 33050, hereafter the County, and CAMP DRESSER MCKEE INC., a Massachusetts corporation, whose address is 800 Brickell Avenue, Suite 710, Miami, FL 33131, hereafter the Consultant. 1. The original Contract is hereby amended to extend the time for completion in Section 2 to 910 days. 2. The effective date of this Contract Amendment is amended to 1 October 2001, nunc pro tunc. 3, In all other respects, including project cost and the total Contract amount, the original Contract between the parties dated 16th day of July, 1999, and all of its appendices and attachments, remain in full force and effect. ,..,. lESS WHEREOF, the parties hereto have set their hands and seals this ~ day of "'c.. ,2001 $~~ -<1\ ~\ -, '" .~ .~~ '.': . .t.""\ ::::---....,~~ g;..::::.{~~:' _,~ '0 .:cJ ""~"(3 , ." ___ ~....., I B . ~. '. '"'I~=- Deputy Cler BOARD OF COUNTY COMMISSIONERS ~OECOUNTY ~aY~ha;nn~~ (SEAL) Attest: CAMP DRESSER MCKEE INC. By h,~~.1 ?n~ , Title A!':!':; !':t":int" r.l PTlr By ~~c/~~ Title VICE p;eE'.r/~^-lT APPROVED AS TO FORM AN GAL N 8 R08ERT N, E DATE .1/.. l::t - 0 ( % o .c: N 0) ""T'\ - I rn CJ ""T'\ o ::0 ;:0 rn (J o ::0 CJ - Amendment 2 CONTRACT FOR THE MONROE MANAGEMENT MASTER PLAN COUNTY STORMWATER THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is Marathon Government Center, 2798 Overseas Highway, Suite 420, Marathon, Florida 33050, hereafter the County, and CAMP, DRESSER, MCKEE, INC., a Massachusetts Corporation, whose address is 800 Brickell A venue, Suite 710, Miami, Florida 33131, hereafter the Consultant. 1. The Contract between the parties is hereby amended to extend the timeframe as shown in Section 2 of the Contract to 790 days from the date of this Amendment. 2. All previous tasks as defined in Appendix A of the Contract, the Scope of Work, have been satisfactorily completed, invoiced by the Consultant, and paid by the County. 3. Attached to this Contract Amendment is a new Attachment A, Scope of Work, intended to further engage the Consultant to implement portions of the Storm water Management Master Plan. 4. Similarly a new Attachment B identifying specific project tasks and associated costs is included in this Contract Amendment. The total cost of the Contract Amendment is $66,482. Upon completion, project tasks will be invoiced to the County in accordance with the approximate project time frame and specific costs as identified in Attachment B and as previously specified in the body of the Contract between the parties. 5. All applicable insurance and liability requirements, as identified in Attachment C will be updated by the Consultant in accordance with the County's Risk Management Department and its Procurement Policies and Procedures. 6. In all other respects, the Contract between the parties dated 16th day of July, 1999, remains the same and in full force and effect. 7. The effective date of this Contract Amendment will be the date that both parties have signed this document. SMMPContract02-0204] 6.doc 04116/02 108 PM 3: '" <= " 0 a ,= - :Ie J> '" r- ::0 ~- '- ITl oCJ::1, c: r"Jr-- 0 ';::0;:-::: r- ('j . ...., 0,,: 0'\ 0 C::;o-' ::0 :.:z:. c.- -i r- ba ::0 :<~:::r: :r rr1 ...,' :t> 0 () r- G> 0 J> /'T1 ;u c::: 0 IN WIlNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly sworn authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS A ITEST: DANNY 1. KOLHAGE, CLERK OF MONROE COUNTY BY..a~~.~y~ By a \" ,-. ulyele, $-, S .o~ Ma~lchainnan ~< \..#;~- "- ":,-~, Witness: CAMP, DRESSER, MCKEE, INC. By Q. ~~i!- By 4A~~~ Title~ ~~ c........~~r.( Title VI'€' P/ee"JI.DEAlT 8 Monroe County Stormwater Management Master Plan (SMMP) Ongoing Engineering Services Appendix A: Scope of Services April 2002 Monroe County, Florida (COUNTY) has completed, according to requirements of the adopted Year 2010 Comprehensive Plan (Comp Plan), the preparation of the Stormwater Management Master Plan (SM?v1P) that assesses the adequacy of existing systems, prioritizes stormwater management needs for each island, identifies regulations and policy needs, and develops a plan to finance the construction, operation and maintenance of required facilities. The COUNTY wishes to implement the recommendations of the SMMP. To this end, the COUNTY wishes to exercise its option under the existing contract to employ Camp Dresser & McKee Inc. (CONSULTANT) to provide engineering services leading toward the implementation of the SMMP. The geographic area of this project consists of the islands (also referred to as the Keys) in the COUNTY, which are traversed by US Highway I, or are connected via a bridge to one of these islands. The CONSULTANT is to provide supplemental or expanded services related to stormwater management services such as inspection, ordinance support, detailed modeling, public awareness, legal services, permitting, design, and services during bidding and construction for the programmed improvements. The SUPPLEMENTAL SERVICES to be provided by the CONSULTANT are defined below, Task I County Facilities Stormwater Pollution Prevention Practices The CONSULTANT will review available engineering documentation for the stormwater components of all COUNTY properties. Based on that review and a prioritized assessment of needs on COUNTY properties, the CONSULT ANT will inspect up to ten (10) Monroe County facilities to review in detail the existing stormwater management practices employed at each site. The CONSULTANT will also meet with COUNTY staff to discuss the stormwater management practices for each facility, Based upon the site inspection and meeting with staff, the CONSULTANT will recoIiunend in a letter report to the COUNTY stormwater pollution prevention practices that should be added or improved at each facility. The reconunendations may include changes to maintenance activities, structural improvements such as oil/ water separators or retention facilities, and materials handling. Task II Stormwater Management Inspector Training & Permit Review Support The CONSULT ANT will provide classroom and in-field training for COUNTY staff related to field inspection of construction sites and residential or commercial stormwater facilities. The training will include elements of sediment and erosion control, stormwater maintenance and illicit connection identification. Training will consist of two, up to 4-hour training sessions, the first of which will be classroom training and the second will be in the field. Training will be available for up to 10 staff. The CONSULTANT will prepare, prior to the training, a manual of stormwater practices to be employed in Monroe County including sediment and erosion control, requirements of the code or \1onroe County SMMP OnlJling Engineering Services - Work Order V2 Page I ordinances and if available, new ordinance requirements. As part of the manual, new or improved forms will be included to help document maintenance and inspection activities. The CONSULT ANT will assist the COUNTY in clarifying stormwater treatment requirements for new development and significant redevelopment in the areas of developed area, area to be treated grading plan approaches and landscaped swales. The CONSULTANT will produce a summary memorandum documenting recommendations in this regard and participate in the two reviews as examples of the application of the recommendations. Task III Ordinance Support The CONSULT ANT will review existing Monroe County regulations, and will recommend, draft and help implement modifications to the regulations in accordance with the SMMP. The CONSULTANT will review the regulations related to the following subject!: . 95-percent Treatment Requirements . Low Impact Development . Vegetated or Landscaped Swales . Marina Pollution Controls · Impervious Area Reduction Incentives · Private Facility Maintenance Certification · Florida Yards & Neighborhoods Program The CONSULTANT will help draft or review suggested modifications to the regulations and will meet with the COUNTY staff to discuss the modifications. The CONSULT ANT will participate in up to 8 meetings with the COUNTY Board of County Commissioners to adopt the final modifications to the regulations. Task IV General Technical Support for SMMP Implementation The CONSULTANT will provide up to 160 hours of technical support for implementation issues for the COUNTY. The CONSULTANT will provide such support only at the request of the COUNTY. Technical support may include support of additional marina criteria, National Pollutant Discharge Elimination System (NPDFS) permitting support (municipal, construction and industrial stonnwater discharges), and support of other stormwater related engineering efforts of the . COUNTY. Task V Engineering Support for Rehabilitation,'Retrofit Projects The CONSULT ANT will provide engineering support for rehabilitation/ retrofit projects associated with the SMMP. Engineering support may consist of survey, hydrologic and hydraulic modeling, conceptual design, engineering design drawings, construction specifications in accordance with COUNTY standards, permit applications (SFWMD ERP, US ACOE, and Monroe County) and response to permit review comments, and limited construction-related activities including participation in the pre-bid meeting and pre-construction meeting; construction site visits for limited observation; site visits for final review of the project; and review of as-built drawings provided by the contractor. The COUNTY will provide to the CONSULTANT standard "boiler- plate" construction specifications in digital format to which the CONSULTANT will add project- specific specifications. Design drawings for each project will consist of a cover, notes & symbols Monroe County SMMP OnlJ>ing Engineering Services - Work Order V2 Page 2 page, plan drawing, section drawing, civil engineering detail drawing, planting plan page, plus one additional page depending on the need, for a total estimated count of seven drawings. The projects will be defined in work orders appended to and made part of this scope of services once authorized by the COUNTY and the CONSULTANT. Compensation The CONSULTANT will be compensated based on the following methods: Task I Task II Task III Task N Task V Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum or Billing Rate with Upper Limit based on mutual consent for each task. Payment will be based on monthly invoices from the CONSULTANT. For Lump Sum tasks, invoices will define the percentage of the work that has been completed, the amount previously invoiced and the incremental amount owed. For Billing Rates with Upper Limit tasks, invoices will define actual hours spent times hourly billing rates by category plus reimbursable expenses. Monroe County SMMP OnlJling Engineering Services - Work Order V2 Page 3 .e- g ~ c .~ U i: ~~ ~ .a " I ;: "'l:I C C 'C .. 'Q O!i:c Ii: ..loII~ ~~llt oW' '" C ; " - o~fc:c uCia'"' 8~..< ~ ! .2 Ollt~ ~ a J: ~'S i S- " Ei ~ ~ o <Il us ~ ~ ." <Ii '.6 e 6ll. .. i .tJ ~iS8 '3.& ~j ~- ';;; s ~ ''8 O:I: <I- ~a:E o~ tlO ~ a ~ ~~:I: Jl _ 8 ~ l:!i:I: Jl > 8 ~ 'Co;;!;8:I: &i-~ ,,; ] a ~ Vlll.~:I: tit ja ~ ~a:I: ~ ,! ~ :E ~~ '-58 ,~ i ::l :E ~CS~ 1~I~i~ ~I~ :::l'?:ll;!: ~ ~ tit : <It <It <It ~ I : I~ ~ ~~I ~ I ~I~~i~ ~ ~I~ ~I~~ I i I ~ ~:~I~~ ~ :;;;:;;I~~ r I ~::!I~I! ~ I . ! i ! i ~ o' :;; i ,~ ?:l ?:l,?:l!-D :g :g I :2 :2:00 ~ ~ ~ I ~oo::;~ ~ 5 '.c ,~ o ~ -:i... ;:J < I ~ ~i r ~~ ... ~ i :! 00 ~i ~ ~ j ~ I [,j .c i"':2~ooo~ ~~ N ooi~ ?:l ~ ~ ! ~!~... ~ N ." I i I ! I I : I~ I :1: ~ 8::1 I ! ~ 5 Q..I ' 9 - '3=1 Jl I 5 '<IlI~iJ'i '~ '~!:5' Q.j';! ;:J 'C ;':' .. ~I.a <Il ~ ft '~,:,,:: ..1 &l ~I ~ 6 ~ ~ 5' ~:~ ~ ' J ;;l~!~ ~.~ '3 JI8:.5 oi~ : &i ~ "" , .. :Q 0 ._ = = > I- > I- Z t -- '4 Jl ~ ~ ~ J: ::;; e ~ I ~ ~ g ~ ::i :;;; V> co <{ Jul 12 02 01:45p JUl-1Z-0Z OZ:Z9PM '---- "--" '---'" Growth Htt FROM-CalP Orliilr , ~KII In. 3053TZ918T (305)289-2854 T-ZaB P DOZ/DDB F-581 Appendix C Monroe County Insurance Requirements p.2 Jul 12 02 01:47p Growth Mgt JUL -, t-Ot Ot: 30N FROIHilIlIP Dmnr & McKu I n~ (305)289-2854 3053TZ81 BT T-m P 008/008 H81 p.9 ''---',' MONROE COUNTY, FLORIDA RISK MANAGEMENt POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnific:atiou ad Hold Harmlcu for Odaer Coaaracton aad Subcolltradors The Contractor covenantS and ~ to indemnity and hold hannless Monroe County Board of COWlty Commi~sioncrs from any and all elaims for bodily injury (including death), personal UUlllY. and property damage: (incl~ property owned by Monroe County) and any other losses, damages. and expenses (including attorneys fees) which arise out of, in corwection with, or by reason of services provided by the Contractor or any of its SUbc:ODtraCtor(S) in any tier, occasioned by the negligence. enors, or other wrongful act or omission of The Contnlctor or its Subcomractors in any tier, their employees, or asents. '-/ In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to pu:rcl1ase or maintain the required imurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($ 1 0.00) of remuneration paid to the Contractor is (or the indemnifieatioD provided for above. The extent of liability is in no way limited to, redu<;w'. or lesscped by the inswance requirements contained elsewhere within this aereement. TCS "'-./ , Jul 12 02 01:45p Growth Mr;t JUL-1Z-DZ DZ:ZiPM FROM-Camp Dr.rill , McK.. Int 3DsmalS7 (305)289-2854 T-ZU P DDl/OOa Hil p.3 1996 Edititm ',,-----, RISK MANAGEMENT POLlCY AND PROCEDURES CONTRACT ADMINISTRA nON MANOAL Geaerallu..raaee Requiremeab for Other Coatraetors aad SUbCODt...dors AS a pre-requisite of the work governed, or the goods supplied UDder this contract (including the pre-sUl&ing of ~rw:l and matAmal), the Contractor shall obla.i.n. at bislher 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 (incJuding pre~$taging of personnel and material) until satisfactory evidence of the required inswance bas been furnished to the County as: specified below. Delays in the COlllJl1ellCement 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 OD the specified date and timc, 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. Faflure 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 work resulting from the failW'e of the Contractor to maimain the required insurance shall not extend deadlines $~ified 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 failw-e to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Cenificate of IDsurance Or . A Certified copy of the aetual insurance pol icy, The County, at its sole option, has me right to request a certified copy of any or all insurance policies required by this contract. AU ins\lrMce policies must specify that they are not subje<.:t to cancellation. non-renewal, mAterial change. or reduction in coverage unless a minimum of thirty (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 any liability Or obligation assumed under this contract or imposed by law. '....-/ P.dInlnlC1ratJOn lI1structior1 *47093 2 Jul 1~ 02 01:46p "-..-- "--- J "---' I Growth H~t JUl-IZ-02 02:28PM FR~CilP Ortsstr l McKte Ine 30537Z8167 (305)289-2854 T-ZaS p 004/009 F-581 1996 Edition p.4 The Monroe County Board of COtlDty Commissioners, its employees and officials will be included a<<; .. Additional Insured" on all policies. except for Workers' Compensation and profcssionalliability insuran<<. Any de-viations from these General IDsUI'al1Ce Requirements must be requested in writing on the County prepared fonn entitled "Request for Waiver of l...unuu:e RequiTerneJ1ts" and approved by Monroe CoUDty Risk Management. Administl'lltioo In&truc:tion "'709.3 3 Jul 12 02 01:46p Growth Hc;t JUL-12-02 02:29PM F~a'p Orl&&lr , McK" Inc !05mmr (3051289-2854 T-298 P 005/009 F-581 I \IYtl t;QftlQl1 p.5 , ,-. GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMWATER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY, FLORIDA AND CAMP DRESSER AND MCKEE INC. Prior to the commencement of work. governed by this contract. the Conttactor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life oftbe contract and include, IS a minimum: ~ . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Llability . Expanded Definition of Property Damaic The minimum limits acceptable shall be: $1,000,000 Combined Sinile Limit (CSt) If split limits arc provided. the minimwn limits acceptable shall be: S 500,000 per Person $ 1,000.000 per OccUlTeDce $ ] 00,000 Property Damage An OccUITence Form policy is preferred. If coverage is provided OD a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contnlct. 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 Damed as Additional Insured on all policies issued to satisfy the above requirements. G1.3 '-.-,/ Adrnrni5tratlon lns1ruction t.47og.3 57 Jul 12 02 01:46p Growth N~t JUL-1Z-02 Ol:l9PU FROU-Ca$p Dr.ii.' & McKII Ine (305)289-2854 3053T29161 r-2Q8 P 006/009 F-581 1996 Edition p.6 '---. PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS 'OR CoNTRACT FOR THE MONROE COUNTY STORMWATER MANAGEMENT MASTER PLAN BETWEEN MONROE COtJNTV. FLORIDA AND CAMP DRESSER AND MCKEE INC. Recognizing that the work governed by this contract involves the fumiminc of advice or ,ervices of a professional naturt'.', the ContraCtor shall P';U'ehase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim aru.uag out of the performance of professional services or any error or omission of the Contractor arising out of work govc:med by this contract. The minimum limits of liability shall be: $3,000,000 Aggregate '"---" PR03 "-....-/ AtlMlI'Iistration I nslruc:rion 11I4709.3 80 Jul 1~ 02 01:47p Growth Mgt JUL-IHZ 02:30PM F~a.p Ortner' McK.. In~ (3051289-2854 3053TZ8167 T-Z88 P 007/008 F-581 I Y96 Nillon p.7 \ ----' VEHICLE LlABD..rrv mSURANCEREQ~NTS FOR CONTRACT FOR THE MONROE COUNTY STORMWATER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY. FLORIDA AND CAMP DRESSER AND MCKEE INC. Recognizing that the work governed by this contract requires the use ofvehlcles, the Contractor. prior to the commencement ofwor1c, shall obtain Vehicle Liability Insurance. Cov~rage shall be maintained tbroUjhout the life of the contract and include. as a minimwn, liabihty coverage for: . Owned. Non-Owned, and Hired V chicles The minimum limits 8e<:eptable shall be: $1,000,000 Combined Single Limit (CSt) Ifspli11imits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100.000 PropeJty Damage '-..../ The Monroe County BOaM of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL3 \_--,,' Administr.ltiotllMtructiM .....709.3 84 Jul 12 02 01:47p Growth Mgt JUL-1Z-QZ OZ:30PM F~C~p Dr'~&lr , MtK.. In. (305J289-2854 30$31Z9167 T-Ze. p 008/009 F-581 1996 Edition p.8 -' WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT FOR THE MONROE COUNTY STORMWATER MANAGEMENT MASTER PLAN BETWEEN MONROE COUNTY. FLORIDA AND CAMP DRESSER AND MCKEE INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation IJl$urance with limits sufficient to respond to the applicable SUlte statutes. In addition. the Contractor shall obtain Employers' Liability Ins~ with limits of DOt less than: '--../ Sl ,000,000 Bodily Irijury by Accident S 1,000,000 Bodily Injury by Di~. policy liInitS $1,000,000 Bodily Injury by Disease, each employee Coverage shall be: maintained throughout the entire term of the contraCt. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's statuS. The Contractor may be requjr~d fO submit a Letter of Authorization issued by the Department of Labor and a Certificate ofInsurance, providing details on the Contractors Excess Insurance Program. If the Contractor participates in a self.inswance fund. a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. we . -----/ Administration Instruction #4709.3 91 . r A CORDTM ,'. GER1flaeAlrEO~ ~JABII...l'10rlNSURANCE)"";;!c:"!,t;~....~'" OATE(MMlDDIYY) ~ " ';.-i"-- - .', -'. ',- : - - ,:'-' - .-,:, :-..-" ...-,-~.;. - , ;0:, .' ,~f -~ > - - , , ~ _':",. -.-..,--!_~+~_. --:$ ,,-,p.' :<-:,x:k~;:_>-':':":{'-i ".- .. .. <.'\. - - -",,,, :'.'- ~':'_ --'->-~' ;.-: .,', - - <- ~ ,: .'::.-. ,,;:- >~-~_~_ - <.': ,? -: : ,,-'<:.-: ,':'r,._ ~,~k.~>;-:-- ;,;'--,---.,; ,'"7. .;- 0' ," j~;;}b ,_-;-....s;~,;_- _r~;~;~-~<<:; :>:1<~:;5f; :J<. >;~:'~>~/<:,.. _':~:~ 12128101 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO~MATION Aon Risk Services, Inc, of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 High Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Lloyd's of London PHONE ..(617) 482-3100 FAX - (617) 542-2597 A COMPANY Zurich American Ins Co Camp Dresser & McKee Inc. B One Cambridge Place COMPANY 50 Hampshire Street C Cambridge MA 021390000 USA COMPANY ~ D .' - *,;'i.~" ",,'2:': ~,} ....,~~B:<" . -- . '~';;;"''''~I'..; '.;11'1;:;'> ~.,$'~~'~"~;2.-:-;';~"":~kjJ:lt~"~ - .... -::"- ..,.~,.. .,; ..: .,.. ~ -.,. . ... ,.,;,,;0 00-""" M'( .~'. ~ _ ~"';.;'. ~~,~ " ., . ._ ll11S IS TO CERllFY THAT 1l1E POLICIES OF INSURMlCE USTED BELOW HAVE BEEN ISSUED TO 1l-E INSURED NAMED ABOVE FOR THE PClJCY PERIOD NOICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IIII\TH RESPECT TO \I'o,HCH THIS CERllFICATE MAY BE ISSUED OR MAY PERTAN. THE iNSURANCE AFFORDED BY THE POLICIES DESCRIEED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND commONS OF SUCH POLICIES, LMITS SHO\MII MAY HAVE BEEN REDUCED BY PAID CLAIMS. co POLICY EfFECTIVE POLICYEXP!RATION LIMITS l11l TYPE OF INSURANCE POlICYNUMlm DA TE llIflWDOIYY) DATE (MM'I>DIYY) B GENERAL LIABILITY GL08376632-06 01/01102 01/01/03 GENERAl AGGREGATE $2.000.000 i:=JMMERCIAl GENERAl LIABILITY Commercial General Liability PRODUCTS - COMP/OP AGG $2,000.000 ClAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $1.000.000 OWl/ER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1.000,000 ~ FIRE OAMAGE(Any one fre) $100.000 ~~ MED EXP (Any one person) $5,000 B AUTOMOBILE LIABILITY BAP8378631-06 01/01102 01/01/03 COMBINED SINGLE LIMIT $1,000.000 - ~ ANY AUTO BUSINESS AUTO COVERAGE AlL OWNED AlITOS BODILY INJURY - SCHEDULED AUTOS ( Per person) - HIRED AUTOS BODILY INJURY - NON-<JWl/ED AUTOS T (P.... Kaden!) ..... ~~PRm ~y~: ~ ~:~~JL- I- PROPERTY DAMAGE . ,..... 1.-. GARAGE LIABILITY I ' , ")'-"" AlITO ONLY - EA ACCIDENT .-- ANYAlITO DATE ~S OTHER THAN AUTO ONLY' - ... i- NfA EACH ACCIDENT WAIVER I--- i-- AGGREGATE B EXCESS LIA8lUTY AU0847244606 01/01/02 01/01103 EACH OCCURRENCE $1,1)00,000 ~ UM8RELLA FORM COMMERCIAL UMBRELLA COVERAGE AGGREGATE $1.000.000 OTHER THAN UMBRELLA FORM B WORKER'S COMPENSA lION AND we 8376633"()7 X I TM-t ~;;,;~S I IO~-~ EMPLOYERS' lIABIUTY WORKERS COMPENSA nON 01/01/02 01/01/03 EL EACH ACCIDENT 1, , THE PROPRIETORJ RINCl PARTNERS/EXECUTIVE El DISEASE-POUCY LIMIT $1,000,000 OFFICERS ARE: EXCl El DISEASE-EA EMPLOYEE $1,000,000 A OB9800005 01/01/99 01/01/03 Aggregate $3.000,000 ARCHITECTS & ENGINEERS E&O ArcM&Eng Prof DESCRlPllOH OF OPERA TIONSIII !H1CLESISPEClAL ITEMS RE: Stormwater Master Plan. Monroe County Board of County Commissioners is added as Additional Insured with respect 10 General and Auto liability. but only with respect to services provided by COM. . ...,::~~:. ;~.;:~;:?ft .r'~~~:'~.- -i ~\E-~~.~.~~~~~~~:.tJ.-t-f"-r'~"" .. .... "i!I;;I~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAHCElLED BEFORE THE Monroe County Bd of County Commissioners EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIll ENDEAVOR TO MAIL 2798 Overseas Highway 30 DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, Suite 400 BlIT FAllURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR lIABILITY Marathon FL 33050 USA OF AJ>lY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENT ATlVES. AUTHORIZED REPRESENTATIVE ~ 19-- ~- --<'- l....., ,-,,,;.,,~- ;;, ~:: --_ -. ';'l';:; . t~~;: -!." ::rf~ ~. ~~..... , . _.t)' ~-I. 1.,:":~_~.~~:;::' .>.;\..~~I~~';~~' ~~/~~;t,~~' ~~:..~.~~~t_. .. ,.", :'10 ", .. - . .....,.. . .~. Certificate No: 570001441027 Holder rdefltlfler: INCl667 AMENDMENT 3 TO THE CONTRACT FOR SERVICES FORTHEMONROECOUNTYSTORMWATER~AGEMENT MASTER PLAN THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is Marathon Government Center, 2798 Overseas Highway, Suite 420, Marathon, Florida 33050, hereafter the County, and CAMP, DRESSER, MCKEE, INC., a Massachusetts Corporation, whose address is 800 Brickell Avenue, Suite 710, Miami, Florida 33131, hereafter the Consultant. Section 1. Amendment to Contract, subsequent Amendments, and Termination Date. The Contract and amendments between the parties is hereby further amended to extend the Contract time frame to December 31, 2006. This Amendment supplants the original Contract and Amendments 1 and 2 in order to update legal sufficiency requirements and obligations between the County and the Consultant. In no way has the original intent or purpose of the Contract changed in order to provide stormwater engineering services to Monroe County. Section 2. Satisfactory Completion of Previous Tasks. Tasks I through IV as defined in Appendix A, Amendment 2 of the Contract, the Scope of Work, have been satisfactorily completed, invoiced by the Consultant, and are in the process of being paid by the County. Be 041110 SMMP Amendment 3 041117 11/1/2004 12:26 PM Section 3. Task V, Amendment 2 Engineering Services. Task V, Amendment 2 of the Contract for Services is provided as Attachment A; Scope of Continuing Services" to this Amendment and shall be completed as needed within the scope of appropriated funds as defined below or as later amended. Attachment B provides the first work order under this contract amendment, and shall otherwise be approved by the contract project managers and the Division Director. Section 4. Additional Project Funding. For purposes defined in Attachment A, this Contract Amendment provides additional funds in the amount of up to $100,000 for work order based engineering services. The total cost of this Contract Amendment is $100,000. Section 5. Negotiation of Work Orders. Work Orders for stormwater engineering services as defined in the Scope of Continuing Services, shall be negotiated between Project Managers for County and the Consultant and shall be approved in accordance with current County policy. The first work order is attached for reference in Attachment B Section 6. Payment for Services. In accordance with the terms and conditions defined in each Work Order agreed to by the County and the Consultant, the County will receive, review and process invoices from the Consultant within 30 days of receipt. If part or all of the deliverable defined in a work order is not Contract 1111/2004 12:26 PM 2 satisfactory, the County shall notify the Consultant of the apparent deficiency. Revisions to the deliverable may be completed by the Consultant at this point based upon an agreement as to the deficiencies. Section 7. Contract Termination. 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. Section 8. Records. Consultant shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Each party to this Contract or their authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public Contract 11/1/2004 12:26 PM 3 records purposes during the tenn of the Contract and for four years following the termination of this Contract. If an auditor employed by the County or Clerk determines that monies paid to Consultant pursuant to this Contract were spent for purposes not authorized by this Contract, the Consultant shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Consultant. Section 9. Employees Subject to County Ordinance Nos. 010 and 020-1990. 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, in its discretion, may terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage gift, or consideration paid to the former County officer or employee. Section 10. Convicted Vendor. 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 a contract 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 Contract J 1/1/2004 12:26 PM 4 repair of a public building or public work, may not perform work as a contractor, supplier, subcontractor, or Consultant under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 11. Insurance. Prior to execution of this agreement, the Consultant shall furnish the County Certificates of insurance indicating the following coverages or in excess thereof: Workers Compensation in the amount of statutory limits as specified in Florida Statutes 440. Employers Liability with: (i) $100,000 Bodily Injury by Accident; (ii) $500,000 Bodily Injury by Disease, policy limits; and (iii) $100,000 Bodily Injury by Disease, each employee. General Liability (Premises operations, blanket contractual, expanded definition of property damage, products & completed operations, personal injury) with: (iv) $100,000 per Person; (v) $300,000 per occurrence; and (vi) $50,000 property damage. Contract 11/1/2004 12:26 PM 5 Vehicle Liability with: (vii) $50,000 per Person; (viii) $100,000 per occurrence; and (ix) $25,000 property damage or $100,000 combined single limit. Engineers Errors and Omissions Liability with: (x) $250,000 per Occurrence; and (xi) $500,000 Aggregate. Section 12. Communication Between Parties. All communication between the parties should be through the following individuals or their designees: Monroe County Consultant Dave Koppel, Director Department of Engineering 1100 Simonton Street, Scott McClelland Camp, Dresser, & McKee 800 Brickell Avenue Suite 710 Miami, Florida 33131 Key West, Florida 33040 Section 13. Governing Law, Venue, Interpretation, Costs, and Fees. This Contract 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. Section 14. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, Contract 11/1/2004 12:26 PM 6 the County and Consultant agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 15. The County and Consultant agree that, in the event of conflicting interpretations of the terms or a term of this Contract by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Section 16. Severability. If any term, covenant, condition or provision of this Contract (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 Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall 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 Contract would prevent the accomplishment of the original intent of this Contract. The County and Consultant agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken proVIsIOn. Section 17. Attorney's Fees and Costs. The County and Consultant agree that in the event any cause of action or administrative proceeding is initiated or Contract 11/1/2004 12:26 PM 7 defended by any party relative to the enforcement or interpretation of this Contract, 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 fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 18. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and assigns. Section 19. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County and corporate action, as required by law. Section 20. Claims for Federal or State Aid. The 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 Contract; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract 11/1/2004 12:26 PM 8 Section 21. Adjudication of Disputes or Disagreements. The 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 parties, then any party shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. Section 22. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Contract, County and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. County and Consultant specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Section 23. Nondiscrimination. County and Consultant 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 Contract automatically terminates without any further action Contract 11/1/2004 12:26 PM 9 on the part of any party, effective the date of the court order. County or Consultant 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 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 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 (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 patent 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 Contract 11/1/2004 12:26 PM 10 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Contract. Section 24. Covenant of No Interest. County and Consultant 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 Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. Section 25. 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. Section 26. No Solicitation/Payment. The County and Consultant 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 Contract and that it has not paid or agreed to pay any person, Contract 1111/2004 12:26 PM 11 company, corporation, individual, or firm, other than a bona fide employee working solely for it, 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 the provision, the Consultant agrees that the County shall have the right to terminate this Contract 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. Section 27. Public Access. The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this Contract; and the County shall have the right to unilaterally cancel this Contract upon violation of this provision by Consultant. Section 28. Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the County and the Consultant in this Contract 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 Contract 11/1/2004 12:26 PM 12 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Section 29. 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 their respective functions under this Contract 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. Section 30. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory Duties. This Contract is not intended to, nor shall 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 Contract is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Contract 11/1/2004 12:26 PM 13 County, except to the extent permitted by the Florida constitution, state statute, and case law. Section 31. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Consultant agree that neither the County nor the Consultant 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 Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. Section 32. Attestations. Consultant agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 33. No Personal Liability. 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 member, officer, agent or employee of Monroe County shall be liable personally on this Contract 11/1/2004 12:26 PM 14 Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. Section 34. Execution in Counterparts. This Contract 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 instnnnent and any of the parties hereto may execute this Contract by singing any such counterpart. Section 35. Section Headings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. Section 36. IndemnifylHold HannJess. Consultant agrees to indemnify and save County harmless from and against all claims and actions and expenses incidental thereto, arising out of damages or claims for damages resulting from the negligence of Consultant, its agents, or employees while Consultant is cleaning the Airport facilities. However, Consultant shall not be liable for any claims, actions or expenses which arise from the negligent or intentional acts or omissions of the County, its agents or employees. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Qlnlract t 1/2/2004 4:40:00 PM 15 Section 37. The effective date of this Contract is the date upon which both parties have signed this Contract Amendment. Section 1. IN WITNESS WHEREOF each party hereto has caused this Contract to be executed-by its duly authorized representative. (SEAL) . Attest: DANNY L. KOLHAGE, CLERK B~ Deputy Clerk ""7.2."1 BOARD OF County COMMISSIONERS OF MONROE County, FLORIDA By ~~)~ >n ~MJ Mayor/Chairman (SEAL) Attest: CAMP, DRESSER, & MCKEE ':ri1~W By Title Contract 11/2/Z004 4:<W:OO PM 16 t)~~,' ~ / r I=~ ./ 7 (!)ktJ ~ ~vfl W:z:;;t;K< ,.:I, ~;: ...... , r-. ,'..J ) (. ) I ( EXHIBIT A Scope of Continuing Services Appendix A 11/1/2004 12:26 PM Engineering Support for Rehabilitation/Retrofit Projects The Consultant will provide engineering support for rehabilitation/retrofit projects associated with the Stormwater Management Master Plan. Engineering support may consist of survey, hydrologic and hydraulic modeling, conceptual design, engineering design drawings, construction specifications in accordance with County standards, permit applications (SFWMD ERP, US ACOE, and Monroe County) and response to permit review comments, and limited construction-related activities including participation in the pre-bid meeting and pre-construction meeting; construction site visits for limited observation; site visits for final review of the project; and review of as-built drawings provided by the contractor. The County will provide to the Consultant standard "boiler-plate" construction specifications in digital format to which the Consultant will add project-specific specifications. Design drawings for each project will consist of a cover, notes & symbols page, plan drawing, section drawing, civil engineering detail drawing, planting plan page, plus one additional page depending on the need, for a total estimated count of seven drawings. The projects will be defined in work orders appended to and made part of this scope of services once negotiated and approved by the County and the Consultant. Appendix E 11/1/2004 12:26 PM EXHIBIT B Work Order No.1. Appendix E 11/1/2004 12:26 PM Monroe County Stormwater Management Master Plan (SMMP) Task V - Engineering Support for RehabilitationjRetrofit Projects August 2004 Work Order VI: Scope of Services For Big Coppitt Key In association with Task V of the Monroe County (COUNTY) SMMP Engineering Support, this work order is for Camp Dresser & McKee Inc. (CONSULTANT) to provide engineering services for flood remediation improvements at Big Coppitt Key. The study area is bounded by . The study area consists of approximately _ acres. The COUNTY has constructed a stormwater drain well that may need to be modified to meet the COUNTY desired level of service (LOS). Task Vl-l Data Collection and evaluation The CONSULTANT will compile and evaluate available data provided by the COUNTY for the study area including: · Rainfall data (including rainfall volumes for the 5-, 10-, 25- and 100-year design storms); · Soils, water table, aquifer potentiometric, and geotechnical data (based on the NRCS soils data, reports or well drilling records); . Impervious areas; . Road and house elevations; · Topography and stage-area-storage data for the study area; . Average and design tide elevations; and · Stormwater facility and well data. Task Vl-2 stormwater and Well Evaluations The CONSULTANT will estimate the volume of runoff for the four design storm events (i.e., 5-, 10-, 25-, and lOO-year design storms), estimate the flow rate needed in the existing well to meet the COUNTY's desired level of service, and evaluate the existing drain well for discharge Appendix E 11/1/2004 12:26 PM capacity. Unless otherwise defined by the COUNTY, the desired level of service will be the 25- year design storm event for house elevations and 5-year design storms for roads. For the well evaluation, the CONSULTANT will conduct a well test to estimate the capacity of the existing well. The CONSULTANT will perform a static test and falling head test, each at high tide. It is expected that these tests will take up to 3 days in the field. Task Vl-3 Preliminary Engineering Plan and Design Letter Report The CONSULT ANT will prepare a preliminary engineering plan depicting the recommended stormwater management improvements including a typical cross-section of the well improvements. In addition, the CONSULT ANT will provide a design letter report including technical information and conclusions found in Tasks Vl-1 and Vl-2. The letter report will summarize the data collected and evaluated, document survey data, and provide tables with model results. The CONSULTANT will also prepare an opinion of probable construction costs of the recommended improvements. The CONSULTANT will provide three (3) copies of the preliminary engineering plan and design letter report to the COUNTY for review. The CONSULTANT will meet with the COUNTY staff to discuss review comments. The CONSULTANT will address the comments received from the COUNTY and provide three (3) copies of the approved preliminary engineering plan and design letter report to the COUNTY. Task Vl-4 Final Design Upon approval of the Preliminary Engineering Plan and Design Letter Report, the CONSULT ANT will prepare design drawings sufficient for the permitting of the recommended improvements. The CONSULTANT will prepare construction plans and technical specifications for the project. The construction plans set will be prepared in accordance with COUNTY engineering standards. The plan set will consist of a cover sheet, notes and symbols sheet, and civil engineering plans on aerial or planimetric base at 1 inch equals 20 feet (or as recommended by the CONSULTANT). The drawing set will consist of up to four (4) sheets. Review sets will be submitted to the COUNTY at 60 percent complete. The conceptual drawings prepared for permit applications will be considered 30 percent. Review comments by the COUNTY will be transmitted to the CONSULTANT no later than 60 days from the time of the submittal by the CONSULTANT. Preliminary opinion of probable construction costs will accompany the 60 percent submittals. Each submittal will consist of two sets of drawings. The final submittal sufficient for permitting will consist of the following: · The original vellum reproducible drawings of the construction plan set. · Four complete plan sets signed and sealed by the CONSULTANT of record. · Final CONSULTANT's opinion of probable construction costs. · Copies of design calculations if revised from Task Vl-3. Appendix E 11/1/2004 12:26 PM Task Vl-5 Specifications The CONSULTANT will also prepare technical specifications for the construction of the project and submit these specifications with the final review submittal. The COUNTY will provide the CONSULTANT with a digital version of the legal (front end) section of the specifications, for inclusion in the construction specifications. The COUNTY will provide the CONSULT ANT with a digital version of the COUNTY's Standard Technical Specifications Master Pay Item List. The CONSULTANT may elect to use any applicable COUNTY standard pay item or technical specification or to use such documents produced by the CONSULTANT. If necessary, the CONSULTANT will use FOOT specifications for items not specified in the COUNTY specifications. The CONSULTANT's Professional Engineer in responsible charge of preparing the Technical Specifications for the project will affix to the cover sheet of the final construction specifications for the project the firm's name, his/her signature and professional engineer registration number. Task Vl-6 Permits As applicable, the CONSULTANT shall prepare the permit applications for the construction of the improvements designed under this scope of work, and submit them to the following regulatory agencies. All permit application fees shall be the responsibility of the COUNTY. . Monroe County Engineering Department; and, . South Florida Management District. As this project has an existing drainage well, a FDEP well permit or permit modification is anticipated for this project. An FDEP permit modification will be subject to additional scope and costs requested by the CONSULTANT. The CONSULTANT, together with the COUNTY will attend a pre-application meeting with the SFWMD to discuss the general permitability of the proposed improvements and to confirm that a permit is or is not required for this project. Following the meeting the CONSULTANT will prepare a brief letter report summarizing the results of the meetings. The letter will include a recommended course of action. If a permit is required for the project, the CONSULT ANT will provide a draft permit application to the COUNTY for review prior to submittal to the SFWMD. Once approved, the CONSULTANT will prepare final applications for permits and provide seven (7) copies of the final to the COUNTY for signature and submittal. The CONSULTANT will review and respond to up to two requests for additional information (RAIs) from permit agencies. Task Vl-7 Project Management and Meetings The CONSULTANT will provide periodic status reports to the COUNTY to define the status of work being completed for this project as well as upcoming events pertinent to the completion of the project. The CONSULTANT will attend two progress meetings and a project kickoff Appendix E 11/1/2004 12:26 PM meeting in addition to the meeting in Task VI-3 for a total of four meetings. The COUNTY will provide CONSULA T ANT with project data at the kick-off meeting. Compensation The CONSULTANT will be compensated for this scope of work (Task VI - Big Coppitt Project) based on a lump sum amount of $49,497. Payment will be based on monthly invoices from the CONSULTANT. Invoices will define the percentage of the work that has been completed, the amount previously invoiced and the incremental amount owed. Appendix E 11/1/2004 12:26 PM EXHIBIT C Required Insurance Forms Appendix E 11/1/2004 12:26 PM ..... .A.~Qf?pTM.....'..~I~[J~jQ~ff~.9Ei2l~QI~tD..JtI~I~~~.~.............. ..d} ,? . . ...DAT~5~~rD/YY) .... .. . 11 05 04 ? PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk services, Inc. of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 High Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Zu ri ch American Ins Co PHONE - (866) 266-7475 FAX - (866) 467-7847 A INSURED COMPANY American Guarantee & Liability Ins Co camp Dresser & McKee Inc. B One cambridge place COMPANY Lloyd's of 50 HampShire Street London cambridge MA 021390000 USA C COMPANY CJ Mi 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 IWY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POuaES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POliCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. eo TYPE or INSURANCE POLICY NUMBER POLICY EFFECTIVE 'pOLICY EXPIRATION LIMITS LTR DATE (MMlDDIYY) DATE (MMIDDlYY) A GENERAL LIABILITY GL08376632-08 01/01/04 01/01/05 GENERAL AGGREGATE $2,000,000 - COllllllercial General L i abil i1:y PRODUCTS - COMPIOP AGG $2,000,000 ~ COMMERCIAL GENERAL LIABILITY ~ ClAIMS MADE 0 OCCUR PERSONAl & ADV INJURY $1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 X xcu Cove rage FIRE DAMAGEIAnv one fire) $100,000 - $10,000 Incl uded MED EXP (Anv one person) A AUTOMOBILE LIABILITY BAP837663108 01/01/04 01/01/05 FOMBINED SINGLE LIMIT S2,OOO,OOO 'X ANY AUTO BUSINESS AUTO COVERAGE ,.... ALL OWNED AUTOS BODILY INJURY f- ( Per person) SCHEDULED AUTOS :t. AN"_1i:MO '1 rx HIRED AUTOS APP~D,~C IS BOOIL Y INJURY ~ NON-OWNED AUTOS rill. 1]/.._- f- (Per accident) "- BY OJ Q/- - DATE II PROPERTY DAMAGE GARAGE LIABILITY WAI\li==i=l NlA-r '/j .l., - i-- AUTO ONLY. EA ACCIDENT - ANY AUTO OTHER THAN AUTO ONLY' - EACH ACCIDENT - AGGREGAT B EXCESS LIABILITY Auc8472446-08 01/01/04 01/01/05 EACH OCCURRENCE $1.000,OOC ~ UMBREllA FORM CCHoIERCIAL U\o1BRELLA COVERAGE AGGREGATE Sl, 000, OOC OrnER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND wc83766H09 01/01/04 01/01/05 X I WC STATU-, 11:~- ~ TORY LIMITS EMPLOYERS' LIABILITY WORKERS COMPENSATION EL EACH ACCIDENT mE PROPRIETOR! PiINCL $1,000,000 PARTNER~XECUT~E EL DISEASE-POLICY LIMIT OFFICERS ARE EXCL EL DISEASE.EA EMPLOYEE Sl,OOO,OOO c QK0401367 01/01/04 01/01/05 Each cl aim! AggregAte S3,OOO,OOO [8] Arch; t&Eng ARCHITECTS & ENGINEERS E&<l Prof RESC"S"TION OF ~PER~ONflLOC~~IONSNW:CLESlSPC8lflL ITE't'\ of commissioners is e: tormwa er S er an. nroe ounty oard county added as an Additional Insured with respects to General and Auto Liability. . CERTlFlCAttHOlJ)ii:Ri>" "'--/,'>> u. ". ,-.'----:. ...:~ttAtK>IIi.... SHOULD ANY OF THE ABOVE DESCRIBED POlICIES BE CANCELLED BEFORE mE . Monroe County Board of EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL County commissioners 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO mE LEFT, 1100 simonton Street BUT FAILURE TO - Rm 268 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Key West FL 33040 USA OF ANY KIND UPON mE COMPANY. ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE .~~~~,~.6 ---L., "f.JG - ~..n.t..... ......./ .........d............................................j .... .j;i ACORD CORPORAnON(1ta. . . t; 't , . ::: , Q 'l: "'1 ::t '" oc " ~ V' V' ~ C c " V' i:: :z .. << .. I,:: t .. -.; - ~ ~ ~ ~ ~ ~ ~ ~ ~ rIr ilS .