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Home My WebLink About2016-172 FIRST AMENDMENT TO INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES—IRC PROJECT NO. 1605 r THIS FIRST AMENDMENT TO INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES —IRC PROJECT NO. 1605 ("First Amendment-) is entered into as of the 18 day of October, 2016 by and between Indian River County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Morgan & Ekland, Inc. hereinafter referred to as the "SURVEYOR". RECITALS WHEREAS, on October 4, 2016, COUNTY and SURVEYOR entered into the Indian River County Public Works Department Professional Surveying & Mapping Services Master Agreement for Annual Professional Surveying & Mapping Services — IRC Project 1605, hereinafter referred to as the "Master Agreement"; and WHEREAS, COUNTY and SURVEYOR desire. to amend the Master Agreement to address additional issues pertaining to compliance with federal laws; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Section XII amended. Section XII of the Master Agreement is hereby amended to read as follows: SECTION XII—TERMINATION Either party may terminate this Agreement for cause or for convenience upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR's completion to the COUNTY's satisfaction, of any pending Work Order. 3. Section XXI amended. Section XXI of the Master Agreement is hereby amended to read as follows: SECTION XXI—CHOICE OF LAW AND VENUE Page 1 of 4 This Agreement shall be governed by the laws of the State of Florida. If a dispute between the parties arises out of or relates to this Agreement, the breach thereof. or any performance or obligation due hereunder, and if the dispute cannot be settled through direct negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a mediator certified by the Florida Supreme Court before resorting to litigation. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 4. Section XXVI added. Section XXVI is hereby added to the Master Agreement to read as follows: SECTION XXVI — REMEDIES FOR BREACH OF TERMS, SANCTIONS AND PENALTIES A. The occurrence of any of the following shall constitute a default by SURVEYOR and shall provide the COUNTY with a right to terminate this Agreement under Section XII in accordance with the requirements of this Section, in addition to pursuing any other remedies which the COUNTY may have under this Agreement or under law: 1. if in the COUNTY's opinion SURVEYOR is improperly performing work or violating any provision(s) of the Agreement; 2. if SURVEYOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by COUNTY pursuant to an inspection; 3. if in the COUNTY's opinion SURVEYOR's work is being unnecessarily delayed and will not be finished within the prescribed time; 4. if SURVEYOR assigns this Agreement or any money accruing thereon or approved thereon, in violation of the requirements set forth in Section XV; or 5. if SURVEYOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for SURVEYOR or for any of his property. B. COUNTY shall, before terminating the Agreement for any of the foregoing reasons, notify SURVEYOR in writing of the grounds for termination and provide SURVEYOR with seven (7) calendar days to cure the default to the reasonable satisfaction of the COUNTY. C. If the SURVEYOR fails to correct or cure within the time provided in the preceding Sub-Section B, COUNTY may terminate this Agreement as set forth in Section XII. Upon receiving such notification, SURVEYOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize SURVEYOR to restore any work sites. D. The SURVEYOR shall be liable for: Page 2 of 4 1 1. any new cost incurred by the COUNTY in soliciting bids or proposals for and letting a new agreement; and 2. the difference between the cost of completing the work under the new agreement and the cost of completing the work under this Agreement; 3. any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to enforce its rights herein. 5. Section XXVII added. Section XXVII is hereby added to the Master Agreement to read as follows: SECTION XXVII—FEDERAL REQUIREMENTS A. In addition to those requirements set forth in Section XX above, in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), SURVEYOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. B. SURVEYOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to COUNTY and the Regional Office of the Environmental Protection Agency(EPA). C. Consistent with 2 CFR 180.220, SURVEYOR shall not be listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. D. In addition to those requirements set forth in Section XXV, SURVEYOR shall file the required certification per 31 U.S.C. 1352. SURVEYOR certifies that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. SURVEYOR shall also disclose any lobbying with non-Federal funds that. takes place in Page 3 of 4 connection with obtaining any Federal award. Such disclosures shall be forwarded from tier to tier up to the non-Federal award. 6. All other provisions of the Agreement shall remain in fuM force and effect. IN WITNESS WHEREOF, COUNTY and SURVEYOR have executed this First Amendment this 18day of October, 2016 .........., 0�� 1SSION...S INDIAN RIVER COUNTY, FLORID�.�a�� BOARD OF COUNTY COMMISSIO� t i �g: ATTEST: By: i�` - :q; Bob Solari, Chairman '' t. �•''�:' Jeffrey R. Smith Clerk of Court and Board of County Commissioners ' .�;gNRivEa��? Comptroller Date Approved by COUNTY: October 18, 2016 By: Deputy Clerk APPR D BY: APPROVED AS TO FORM AND LEGAL D �f SUFFICIENCY: Jason E. ro . County Administrator ylan Reingold, County Attorney Per Res ion 2016-127 and Proclamation Declaring Emergency, dated October 6, 2016 Signed, sealed and delivered in the SURVEYOR: presence of: MORGW D, INC. _ Print Name: Print Name: ��V►�� C��l�t Print Title: t� Print Name: Page 4 of 4 I i