HomeMy WebLinkAbout2018-003AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT for PROFESSIONAL ENGINEERING SERVICES
("Agreement"), entered into as of this 9th day of January , 2018 by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose
address is 180127 th Street, Vero Beach FL 32960 ("COUNTY"), and Aptim Environmental
& Infrastructure, Inc., whose address is 2481 NW Boca Raton Blvd. Boca Raton, FL
33431 ("Consultant"):
BACKGROUND RECITALS:
A. In accordance with the Consultants' Competitive Negotiations Act, Section
287.055, Florida Statutes, the COUNTY solicited Requests for Statements of Qualification
# 2018006 for Professional coastal engineering and biological support services related to
the management and renourishment of the Sector 3 Project area.
B. As a result of its response, the County has selected Consultant to provide
certain professional services relating to Engineering and Biological support services
"Services" for Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project
("Project") as more fully set forth in the Scope of Services attached as Exhibit A to this
Agreement and made a part by reference.
C. Consultant has submitted an Hourly Rate Schedule attached as Exhibit B
to this Agreement and made a part by reference.
D. The Consultant is willing and able to perform the Services for the COUNTY
on the terms and conditions set forth below; and
E. The COUNTY and the Consultant wish to enter into this Agreement for the
Consultant's Services for the Project.
NOW THEREFORE, in accordance with the mutual covenants herein contained
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
GENERAL.
1.1 All professional services provided by the Consultant for the COUNTY shall
be provided consistent with All professional services provided by the Consultant for the
COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost
effective manner, and in accordance with the current professional standards of the
applicable discipline. Work Orders shall include a description of services to be performed;
a statement of fees; a schedule of deliverables; proposed schedule for compensation and
whether compensation is lump sum, maximum amount not -to -exceed, task based, or any
combination of the foregoing; a budget establishing the amount of compensation to be
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paid with sufficient detail so as to identify all of the various elements of costs; a projected
schedule for completion of the work to be performed by the Consultant; and any other
additional instructions or provisions relating to the specific Services authorized pursuant
to each Work Order that does not conflict with the terms of this Agreement.
1.2 Whenever the term "Work Order" is used herein, it is intended to mean that
formal document that is dated; serially numbered; and executed 'by both the COUNTY
and the Consultant by which the COUNTY accepts Consultant's proposal for specific
services and Consultant indicates a willingness to perform such specific services for the
terms and under the conditions specified in this Agreement. Each Work Order must be
fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed,
1.3 Services related to any Work Order which would increase, decrease or
which are otherwise outside the scope of Services or level of effort contemplated by the
Exhibits shall be Services for which the Consultant must obtain the prior written approval
of the COUNTY as provided by this Agreement. All terms for the performance of such
Services must be agreed upon in a written document prior to any deviation from the terms
of the Work Order and Agreement, and when properly authorized and executed by both
the Consultant and the COUNTY shall become an amendment to the Agreement.
1.4 The Background Recitals are true and correct and form a material part of
this Agreement.
2. COUNTY OBLIGATIONS.
2.1 The COUNTY will provide the Consultant with a copy of any preliminary
data or reports available as required in connection with the work to be performed under
this Agreement, together with all available drawings, As -built surveys, GIS maps, and
other documents in the possession of the COUNTY pertinent to the Project. The
Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is
responsible for bringing to the COUNTY's attention, for the COUNTY's resolution,
material inconsistencies or errors in such data that come to the Consultant's attention.
2.2 The COUNTY shall arrange for access to, and make provisions for the
Consultant to enter upon, public and private property (where required) as necessary for
the Consultant to perform its Services, upon the timely written request of Consultant to
COUNTY.
2.3 The COUNTY shall examine any and all studies, reports, sketches,
drawings, specifications, proposals and other documents presented by the Consultant,
and render, in writing, decisions pertaining thereto within a reasonable time.
2.4 Approval by the COUNTY of any of the Consultant's work, including but not
limited to drawings, design specifications, written reports, or any work products of any
nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of
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responsibility for the technical accuracy and adequacy of the work. Neither the
COUNTY's review, approval or acceptance of, or payment for, any of the Services
furnished under this Agreement shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this
Agreement. The Consultant shall be and remain liable in accordance with all applicable
laws for all damages to the COUNTY caused by the negligent performance by the
Consultant of any of the Services furnished under this Agreement.
2.5 The COUNTY reserves the right to appoint one or more Project Managers
for the specific Services in connection with this Agreement. The Project Manager shall:
(a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b)
transmit instructions to and receive information from the Consultant; (c) communicate the
COUNTY's policies and decisions to the Consultant regarding the Services; and (d)
determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and
obligations hereunder.
2.6 The COUNTY shall give prompt written notice to the Consultant whenever
the COUNTY observes or otherwise becomes aware of any development that affects the
timing or delivery of the Consultant's Services. If the Consultant has been delayed in
completing its Services through no fault or negligence of either the Consultant or any sub -
consultant, and, as a result, will be unable to perform fully and satisfactorily under the
provisions of this Agreement, then the Consultant shall promptly notify the Project
Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of
evidence of the causes of the delay, this Agreement shall be modified in writing, subject
to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any
time in accordance with this Agreement.
2.7 The Consultant shall not be considered in default for a failure to perform if
such failure arises out of causes reasonably beyond the Consultant's control and through
no fault or negligence of the Consultant. The parties acknowledge that adverse weather
conditions, acts of God, or other unforeseen circumstances of a similar nature, may
necessitate modifications to this Agreement. If such conditions and circumstances do in
fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the
modifications to be made to this Agreement.
2.8 The COUNTY shall provide professional survey services as may be
required for design, permitting, construction and monitoring of the Project.
3. RESPONSIBILITIES OF THE CONSULTANT.
3.1 The Consultant agrees to perform all necessary professional engineering
consulting services to assist the COUNTY with professional coastal engineering and
biological support services for the Project area as set forth in this Agreement.
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3.2 The Consultant will endeavor not to duplicate any previous work done on
the Project. Before beginning work, the Consultant shall consult with the COUNTY to
clarify and define the COUNTY's requirements for the Project.
3.3 The Consultant agrees to complete the Project within the time frame
specified in the Work Order.
3.4 The Consultant will maintain an adequate staff of qualified personnel.
3.5 The Consultant will comply with all present and future federal, state, and
local laws, rules, regulations, policies, codes, and guidelines applicable to the Services
performed under this Agreement.
3.6 The Consultant, as a part of the consideration hereof, does hereby covenant
and agree that: (1) in connection with the furnishing of Services to the COUNTY
hereunder, no person shall be excluded from participation in, denied the benefits of, or
otherwise subjected to discrimination in regard to the services to be performed by
Consultant under this Agreement on the grounds of such person's race, color, creed,
national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply
with all existing requirements concerning discrimination imposed by any and all applicable
local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or
guidelines may be from time to time amended.
3.7 The Consultant shall, during the entire term of this Agreement, procure and
keep in full force, effect, and good standing any and all necessary licenses, registrations,
certificates, permits, and any and all other authorizations as are required by local, state,
or federal law, in order for the Consultant to render its Services as described in this
Agreement. The Consultant shall also require all sub -consultants to comply by contract
with the provisions of this section.
3.8 The Consultant will cooperate fully with the COUNTY in order that all
phases of the work may be properly scheduled and coordinated.
3.9 The Consultant will cooperate and coordinate with other COUNTY
consultants, as directed by the COUNTY.
3.10 The Consultant shall report the status of the Services under this Agreement
to the County Project Manager upon request and hold all drawings, documents and
related work open to the inspection of the County Project Manager or his authorized agent
at any time, upon reasonable request.
3.11 All documents, reports, tracings, software, specifications, field books,
survey notes and information, maps, and other data developed by the Consultant for the
purpose of this Agreement, are and shall remain the property of the COUNTY. The
foregoing items will be created, maintained, updated, and provided in the format specified
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by the COUNTY. When all work contemplated under this Agreement is complete, all of
the above data shall be delivered to the County Project Manager.
3.12 The Consultant will confer with the COUNTY during the further development
of improvements for which the Consultant has provided design or other services, and the
Consultant will interpret plans and other documents; correct errors and omissions; and
prepare any necessary plan revisions not involving a change in the scope of the work
required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice
by the COUNTY, or upon a determination of the Consultant of the existence of such errors
or omissions by the Consultant, whichever event shall first occur.
3.13 The Consultant agrees to maintain complete and accurate books and
records ("Books"), in accordance with sound accounting principles and standards for all
Services, costs, and expenditures under this Agreement. The Books shall identify the
Services rendered during each month of the Agreement and the date and type of each
Project -related expense. The COUNTY shall have the right, at any reasonable time and
through any of its designated agents or representatives, to inspect and audit the Books
for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain
the Books, and make them available to the COUNTY as specified above, until the later of
three (3) years after the date of termination of this Agreement, or such longer time if
required by any federal, state, or other governmental law, regulation, or grant
requirement.
3.14 The Consultant shall not assign or transfer any work under this Agreement
without the prior written consent of the COUNTY. When applicable and upon receipt of
such consent from the COUNTY, the Consultant shall cause the names of the engineering
and surveying firms responsible for the major portions of each separate specialty of the
work to be inserted on the reports or other data.
3.15 All documents, including but not limited to drawings and specifications,
prepared by the Consultant pursuant to this Agreement are related exclusively to the
Services described herein and are not intended or represented to be suitable for reuse
by the COUNTY or others on any other project. Reuse of any document or drawing shall
be at the COUNTY's own risk. The Consultant shall not be held liable for any
modifications made to the documents by others.
4. TERM; TIME FOR COMPLETION
4.1 The time for completion of the Project shall be defined in the Exhibits.
5. COMPENSATION.
5.1 The COUNTY shall pay to the Consultant the mutually agreed professional
fees for Services rendered for the Project, to be paid in monthly installments or on a
deliverable basis, as set forth in the Work Order based upon rates identified in Exhibit B.
Duly certified invoices, in triplicate, phased as per the Exhibits, shall be submitted to the
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County Project Manager, in detail sufficient for proper prepayment and post payment
audit. Upon submittal of a proper invoice the County Project Manager will determine if
the tasks or portions thereof have been satisfactorily completed. Upon a determination
of satisfactory completion, the County Project Manager will authorize payment to be
made. All payments for services shall be made to the Consultant by the COUNTY in
accordance with the Local Government Prompt Payment Act, as may be amended from
time to time (Section 218.70, Florida Statutes, et seq.).
5.2 The COUNTY may at any time notify the Consultant of requested changes
to the Services under an existing Work Order, and thereupon the COUNTY and the
Consultant shall execute a mutually agreeable amended Work Order or a new Work
Order.
5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in
part, any portion of the Services under an existing Work Order at any time and for any
reason, upon written notice to the Consultant specifying the nature and extent of the
reduction. In such event, the Consultant shall be paid for the Services already performed
and also for the Services remaining to be done and not reduced or eliminated, upon
submission of invoices as set forth in this Agreement.
5.4 The COUNTY may, at any time and for any reason, direct the Consultant to
suspend Services, in whole or in part under this Agreement. Such direction shall be in
writing, and shall specify the period during which Services shall be stopped. The
Consultant shall resume its Services upon the date specified, or upon such other date as
the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the
services under this Agreement for a period in excess of six (6) months, the compensation
of Consultant for such suspended Services may be subject to modification. The period
during which the Services are stopped by the COUNTY shall be added to the time of
performance of this Agreement.
6. ADDITIONAL WORK.
6.1 If services in addition to the Services provided hereunder are required or
desired by the County in connection with the Project, the COUNTY may, at the sole option
of the COUNTY: separately obtain same outside of this Agreement; or request the
Consultant to provide, either directly by the Consultant or by a sub -consultant, such
additional services by a new Work Order or by a written amendment to a specific Work
Order. In order to remain consistent with State Beach Management Funding Assistance
Program policies the County is limiting consultant mark-up of sub -consultant contracts to
a 5 percent maximum and approved consultant travel rates as set forth in Chapter 112 of
the Florida Statutes.
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7. INSURANCE AND INDEMNIFICATION.
7.1 The Consultant shall not commence work on this Agreement until it has
obtained all insurance required under this Agreement and such insurance has been
approved by the County's Risk Manager.
7.2 Consultant's insurance coverage shall be primary.
7.3 All required insurance policies shall be placed with insurers licensed to do
business in Florida and with a Best's rating of A VII or better.
7.4 The insurance policies procured shall be occurrence forms, not claims
made policies with the exception of professional liability.
7.5 A certificate of insurance shall be provided to the County's Risk Manager
for review and approval, ten (10) days prior to commencement of any work under this
Agreement. The COUNTY shall be named as an additional insured on all policies except
workers' compensation and professional liability.
7.6 The Consultant's insurance companies shall send written verification to the
County Risk Manager that they will provide 30 days prior written notice to the County Risk
Manager of its intent to cancel or modify any required policies of insurance.
7.7 Consultant shall include all sub -consultants as insured under its policies or
shall furnish separate certificates and endorsements for each sub -consultant. All
coverages for sub -consultants shall be subject to all of the requirements stated herein.
7.8 The COUNTY, by and through its Risk Manager, reserves the right
periodically to review any and all policies of insurance and reasonably to adjust the limits
of coverage required hereunder, from time to time throughout the term of this Agreement.
In such event, the COUNTY shall provide the Consultant with separate written notice of
such adjusted limits and Consultant shall comply within thirty (30) days of receipt thereof.
The failure by Consultant to provide such additional coverage shall constitute a default by
Consultant and shall be grounds for termination of this Agreement by the COUNTY.
7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its
officers and employees, from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant and other persons
employed or utilized by the Consultant in the performance of this Agreement.
8. TERMINATION.
8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason,
upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for
any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual
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Agreement of the parties; or d) as may otherwise be provided below. In the event of the
termination of this Agreement, any liability of one party to the other arising out of any
Services rendered, or for any act or event occurring prior to the termination, shall not be
terminated or released.
8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation
to the Consultant shall be payment for those portions of satisfactorily completed work
previously authorized by approved Work Order. Such payment shall be determined on
the basis of the hours of work performed by the Consultant, or the percentage of work
complete as estimated by the Consultant and agreed upon by the COUNTY up to the time
of termination. In the event of such termination, the COUNTY may, without penalty or
other obligation to the Consultant, elect to employ other persons to perform the same or
similar services.
8.3 The obligation to provide services under this Agreement may be terminated
by either party upon seven (7) days prior written notice in the event of substantial failure
by the other party to perform in accordance with the terms of this Agreement through no
fault of the terminating party.
8.4 In the event that the Consultant merges with another company, becomes a
subsidiary of, or makes any other substantial change in structure, the COUNTY reserves
the right to terminate this Agreement in accordance with its terms.
8.5 In the event of termination of this Agreement, the Consultant agrees to
surrender any and all documents prepared by the Consultant for the COUNTY in
connection with this Agreement.
8.6 The COUNTY may terminate this Agreement for refusal by the Consultant
to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119 Florida Statutes and made or received by the Consultant in
conjunction with this Agreement.
8.7 The COUNTY may terminate this Agreement in whole or in part if the
Consultant submits a false invoice to the COUNTY.
9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES.
9.1 Execution of this Agreement by the Consultant shall act as the execution of
a truth -in -negotiation certificate certifying that the wage rates and costs used to determine
the compensation provided for in this Agreement are accurate, complete and current as
of the date of the Agreement. The wage rates and costs shall be adjusted to exclude any
significant sums should the COUNTY determine that the wage rates and costs were
increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate
representations of fees paid to outside consultants. The COUNTY shall exercise its rights
under this "Certificate" within one (1) year following final payment. COUNTY has the
authority and right to audit Consultant's records under this provision. The COUNTY does
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not hereby waive any other right it may have pursuant to Section 287.055, Florida
Statutes, as it may be from time -to -time amended.
9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section
287.055, the Consultant warrants that it 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 Agreement and that it has not paid or agreed to pay any company or person
other than a bona fide employee working solely for the Consultant any fee, commission,
percentage fee, gifts or any other considerations, contingent upon or resulting from the
award or making of this contract. For breach of violation of this provision, the COUNTY
shall have the right to terminate this Agreement 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.
10. MISCELLANOUS PROVISIONS.
10.1 Independent Contractor. It is specifically understood and acknowledged
by the parties hereto that the Consultant or employees or subconsultants of the
Consultant are in no way to be considered employees of the COUNTY, but are
independent contractors performing solely under the terms of the Agreement and not
otherwise.
10.2 Merger; Modification. This Agreement incorporates and includes all prior
and contemporaneous negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings of any nature whatsoever
concerning the subject matter of the Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior or contemporaneous representations or agreements, whether oral or written.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
made in writing and signed by the Consultant and the COUNTY.
10.3 Governinq Law; Venue. This Agreement, including all attachments hereto,
shall be construed according to the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Agreement
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.
10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be
deemed cumulative and additional, and not in lieu or exclusive of each other or of any
other remedy available to either party, at law or in equity. Each right, power and remedy
of the parties provided for in this Agreement shall be cumulative and concurrent and shall
be in addition to every other right, power or remedy provided for in this Agreement or now
or hereafter existing at law or in equity or by statute or otherwise. The failure of either
party to insist upon compliance by the other party with any obligation, or exercise any
remedy, does not waive the right to so in the event of a continuing or subsequent
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delinquency or default. A party's waver of one or more defaults does not constitute a
waver of any other delinquency or default. If any legal action or other proceeding is
brought for the enforcement of this Agreement or because of an alleged dispute, breach,
default or misrepresentation in connection with any provisions of this Agreement, each
party shall bear its own costs.
10.5 Severability. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be held invalid or
unenforceable for the remainder of this Agreement, then the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected, and every other term and provision of this Agreement
shall be deemed valid and enforceable to the extent permitted by law.
10.6 Availability of Funds. The obligations of the COUNTY under this Agreement
are subject to the availability of funds lawfully appropriated for its purpose by the Board
of County Commissioners of Indian River County.
10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit
or make it a guarantor of payment or surety for any contract, debt, obligation, judgment,
lien or any form of indebtedness.
10.8 Public Records. The Consultant shall comply with the provisions of Chapter
119, Florida Statutes (Public Records Law) in connection with this Agreement.
10.9 Notices: Any notice, request, demand, consent, approval, or other
communication required or permitted by this Agreement shall be given or made in writing
and shall be served, as elected by the party giving such notice, by any of the following
methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight
courier service; or (c) Mailed by registered or certified mail (postage prepaid), return
receipt requested at the addresses of the parties shown below:
County: Indian River County
Attn: Richard B. Szpyrka, P.E.
1801 27th Street
Vero Beach, FL 32960-3365
Email: rszPyrka(@ircgov.com
Consultant: Aptim Environmental & Infrastructure, Inc.
Attn: Thomas P. Pierro, P.E. D.CE
2481 NW Boca Raton Boulevard
Boca Raton, FL 33431
Email: thomas.pierro@aptim.com
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Notices shall be effective when received at the address as specified above.
Facsimile transmission is acceptable notice effective when received, provided, however,
that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or
holidays, will be deemed received on the next day that is not a weekend day or a holiday.
The original of the notice must additionally be mailed. Either party may change its
address, for the purposes of this section, by written notice to the other party given in
accordance with the provisions of this section.
10.10 Survival. Except as otherwise expressly provided herein, each obligation
in this Agreement to be performed by Consultant shall survive the termination or
expiration of this Agreement.
10.11 Construction. The headings of the sections of this Agreement are for the
purpose of convenience only, and shall not be deemed to expand, limit, or modify the
provisions contained in such Sections. All pronouns and any variations thereof shall be
deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of
the party or parties may require. The parties hereby acknowledge and agree that each
was properly represented by counsel and this Agreement was negotiated and drafted at
arm's-length so that the judicial rule of construction to the effect that a legal document
shall be construed against the draftsperson shall be inapplicable to this Agreement
10.12 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original copy and all of which shall
constitute but one and the same instrument.
11. FEDERAL PROVISIONS OWNER and CONSULTANT will adhere to the
following, as applicable to this work:
A. Equal Employment Opportunity. During the performance of this contract,
the Consultant agrees as follows:
(1) The Consultant will not discriminate against any employee or applicant
for employment because of race, color, religion, 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, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, or national
origin.
(3) The Consultant will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other contract or
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understanding, a notice to be provided advising the said labor union or workers'
representatives of the Consultant's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment.
(4) The Consultant will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(5) The Consultant will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Consultant's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules, regulations, or
orders, this contract may be canceled, terminated, or suspended in whole or in part and
the Consultant may be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Consultant will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Consultant will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in the event a Consultant
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the Consultant may request the
United States to enter into such litigation to protect the interests of the United States.
B. Davis -Bacon Act as amended (40 U.S.C. 3141-3148). In accordance with
the statute, Consultants must be required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, Consultants must be required to pay wages for covered
workers not less than once a week. The County must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency.
C. Compliance with the Copeland "Anti -Kickback" Act.
(1) Consultant. The Consultant shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
12
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(2) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a Consultant and subcontractor as
provided in 29 C.F.R. § 5.12.
D. Compliance with the Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708).
(1) Overtime requirements. No Consultant or subcontractor contracting for
any part of the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in which
he or she is employed on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of
any violation of the clause set forth in paragraph (1) of this section the Consultant and
any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Consultant and subcontractor shall be liable to the United States (in the case of work
done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (1) of this section, in the sum of
$10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages
required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. FEMA, or the
County shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the Consultant or subcontractor under any such contract
or any other Federal contract with the same prime Consultant, or any other federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime Consultant, such sums as may be determined to be necessary
to satisfy any liabilities of such Consultant or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Consultant shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)
through (4) of this section.
13
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NO
E. Rights to Inventions Made Under a Contract or Agreement. If a Federal
award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
F. Clean Air Act.
(1) The Consultant agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq.
(2) The Consultant agrees to report each violation to the County and
understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Consultant agrees to include these requirements in each
subcontract exceeding $100,000 financed in whole or in part with Federal assistance
provided by FEMA.
G. Federal Water Pollution Control Act.
(1) The Consultant agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Federal Water Pollution Control Act, as amended,
33 U.S.C. 1251 et seq.
(2) The Consultant agrees to report each violation to the County and
understands and agrees that the County will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Consultant agrees to include these requirements in each
subcontract exceeding $100,000 financed in whole or in part with Federal assistance
provided by FEMA.
H. Energy Policy and Conservation Act. The Consultant agrees to comply with
mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
I. Suspension and Debarment.
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180
and 2 C.F.R. pt. 3000. As such the Consultant is required to verify that none of the
Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2
C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined
at 2 C.F.R. § 180.935).
14
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(2) The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by Indian
River County. If it is later determined that the Consultant did not comply with 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to
Indian River County, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or proposer
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
J. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended).
Consultants who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will 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.
Each tier shall also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
K. Procurement of Recycled/Recovered Materials.
(1) In the performance of this contract, the Consultant shall make maximum
use of products containing recovered materials that are EPA -designated items unless the
product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the
contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA -designate
items is available at http://www.epa.gov/cpg/products.htm.
L. Access to Records. The following access to records requirements apply to
this contract:
(1) The Consultant agrees to provide the COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the Consultant
which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions.
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(2) The Consultant agrees to permit any of the foregoing parties to
reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably
needed.
(3) The Consultant agrees to provide the FEMA Administrator or his
authorized representatives access to construction or other work sites pertaining to the
work being completed under the contract.
M. DHS Seal, Logo, and Flags. The Consultant shall not use the DHS seal(s),
logos, crests, or reproductions of flags or likenesses of DHS agency officials without
specific FEMA pre -approval.
N. Compliance with Federal Law Regulations, and Executive Orders. This is
an acknowledgement that FEMA financial assistance will be used to partially fund the
Project. The Consultant will comply will all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
O. No Obligation by Federal Government. The Federal Government is not a
party to this contract and is not subject to any obligations or liabilities to the non -Federal
entity, Consultant, or any other party pertaining to any matter resulting from the contract.
P. Program Fraud and False or Fraudulent Statements or Related Acts. The
Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Consultant's actions pertaining to this contract.
Q. Affirmative Steps. Consultant shall take the following affirmative steps to
ensure minority business, women's business enterprises and labor surplus area firms are
used when possible:
(1) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists.
(2) Ensuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources.
(3) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises.
(4) Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses, and women's
business enterprises.
(5) Using the services and assistance of the Small Business
Administration and the Minority Business Development Agency of the Department
of Commerce.
16
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the date first written above.
Aptim Environmental & Infrastructure, Inc.
By
Thomas . Pierro, P , D.
Director of Operations
Date 1'a a a. ,% 2c) t `7
Witness:
By 4 f 14ee
Printed Name le -A'
17
INDIAN RIVER COUNTY
By its Board of County Commissioners
y�ontiM�s �• .•
By Peter D. O'.B yan, Chairm n� `, ��✓F9s';
'�.�o �; ,•oma:
Date Approved by BCC: January 9 ,'•�; " ' • °Q'
Co
Attest: Jeffrey R. Smith, Clerk of Court
And C ,mptroller
By
z_.
Deputy Clerk �
Appr
ja—s—on—ir Br wn
CountviAdrAinistrator
Approved as to form and legal
suffici ncy:
42k�
William K. DeBraal
Deputy County Attorney
C:\Users\lauren.floyd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\B4TBGDYT\2017-12-21 FEMA
Beach Consulting Agreement Sector 3_FINAL.docx
EXHIBIT A
Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project
Scope of Services
I. PROJECT BACKGROUND
As defined in the Indian River County Beach Preservation Plan (2015) the Sector 3 Beach
and Dune Restoration Project is located on the east coast of Florida within Indian River
County. The northern boundary of the project is located approximately 3.6 miles south
of the Sebastian Inlet and extends approximately 6.6 miles between the Florida
Department of Environmental Protection (FDEP) Reference (R) Monuments R -20-R-55.
The Sector 3 project area has been historically erosional and is designated by FDEP (2016)
as critically eroded.
The project was initially nourished 2010-2012 under FDEP Joint Coastal Permit No.
0285993 -001 -JC. A dune repair project was subsequently completed between R-24 and
R-55 in 2015 under FDEP Permit Modification No. 085993 -008 -JN following damages
sustained during Hurricane Sandy (October 2012). Permit required post construction
monitoring has been ongoing since 2010.
The Sector 3 Project Area sustained damage from Hurricane Matthew (2016) and is in
need of renourishment to maintain protection to upland properties and infrastructure.
II. SCOPE OF SERVICE
A. Provide professional coastal engineering and biological support services, on an
open-end project specific services basis, related to the management and
renourishment of the Sector 3 project area.
B. A description of the scope of services includes but is not limited to the following:
• Expertise in planning, environmental investigation, analysis, and related
services in preparing design proposals and permitting for the Sector 3 Beach
and Dune Restoration Project.
• Feasibility analysis of project alternatives, to include cost—effectiveness,
permitability, environmentally conscientiousness, engineering soundness,
and constructability.
• Identification and documentation of environmental impacts of feasible
alternatives (i.e. possible impacts to marine turtle nesting and nearshore
hardbottom resources).
• Experience with numerical hydrodynamic and morphological coastal
modeling and utilization of predictive modeling to evaluate project
performance.
• Expertise in the preparation of National Environmental Policy Act (NEPA)
documents and preparation of monitoring and mitigation plans.
• Knowledge of local, State, and Federal regulations relative to Indian River
County shoreline and good working relationships with State and Federal
review agencies' staff assigned to Indian River County.
• Preparation of State and Federal Permit applications and all services
necessary for issuance of permits.
• Preparation of final plans, bid and contact documents, and assistance to the
County in selection of contractors.
• Supervision of construction, review and approval of work completed, and
preparation of As -Built drawings.
• Experience in sea turtle monitoring (nesting and nearshore) and reporting
to State and Federal agencies.
• Experience in offshore biological monitoring (nearshore hardbottom,
UMAM, etc.) and reporting to State and Federal agencies.
• Experience in completing post construction physical monitoring reports
(shoreline change analysis, sediment testing and analysis, aerial
photography, etc.)
• Grant assistance and writing.
• Experience with FEMA relative to Federal policy, reporting, and project
reimbursement.
• Geotechnical collection and analysis.
EXHIBIT B
APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.
STANDARD RATE SCHEDULE
(Indian River County - January 1, 2018 to December 31, 2018)
I. PERSONNEL CLASSIFICATION
Rate
Principal Engineer/Senior Project Manager ......................................................
250.00/hour
Expert Witness (Testimony)............................................................................
300.00/hour
ProgramManager........................................................................190.00/hour
Senior Coastal Engineer/Project Manager.......................................................
165.00/hour
Coastal Engineer III.........................................................................................
150.00/hour
Coastal Engineer II...........................................................................................
125.00/hour
Coastal Engineer I...........................................................................................
105.00/hour
Coastal Modeler I1.......................................................................
130.00/hour
Coastal Modeler I........................................................................
110.00/hour
Professional Surveyor & Mapper.....................................................................
145.00/hour
Hydrographer.............................................................................
135.00/hour
Surveyor.................................................................................... 95.00/hour
SurveyTechnician..............................................................................................
80.00/hour
Senior Marine Biologist..................................................................................
135.00/hour
Marine Biologist II.............................................................................................
95.00/hour
Marine Biologist I........................................................................
72.00/hour
Professional Geologist.................................................................
150.00/hour
Geologist III..............................................................................130.00/hour
Geologist11.........................................................................................................
95.00/hour
GeologistI.........................................................................................................
80.00/hour
Senior CAD Operator......................................................................................
140.00/hour
CADOperator.................................................................................................
105.00/hour
GISOperator...................................................................................................
105.00/hour
Boat Captain.............................................................................. 80.00/hour
Bookkeeper........................................................................................................
80.00/hour
Clerical...............................................................................................................
71.00/hour
Technician.................................................................................
60.00/hour
CONFIDENTIAL AND PROPRIETARY INFORMATION
STANDARD RATE SCHEDULE (Continued)
II. EQUIPMENT
Rate
Truck (2WD road use)..................................................................
$0.565/mile
Truck (4WD beach use)......................................................................................
110.00/day
Survey Boat (28 ft. Parker)..............................................................................
1,050.00/day
Survey Boat (24 ft. Privateer)............................................................................
790.00/day
SurveySea Sled..................................................................................................
310.00/day
AllTerrain Vehicle............................................................................................
105.00/day
Enclosed18" Trailer.............................................................................................
78.00/day
TrimbleRTK GPS..............................................................................................
495.00/day
Trimble Differential GPS....................................................................................
415.00/day
Leitz Total Station w/Data Collector..................................................................
130.00/day
Hand Laser Range Finder................................................................15.00/day
RangeAzimuth System.......................................................................................
310.00/day
Odom Hydrotrack Sounder................................................................................
165.00/day
Heave, Pitch, Roll Compensator........................................................................
215.00/day
Odom ES3PT Multibeam...............................................................600.00/day
Speed of Sound Velocity Meter...........................................................................
63.00/day
Hypack/DredgePack Navigation System............................................................
260.00/day
Hypack/Hysweep.........................................................................260.00/day
Nortek AWAC ADCP high frequency deepwater wave height, direction and current profiler
..................................................................................................................
5,000.00/month *
Nortek Aquadopp ADCP low frequency shallow water wave height, direction and current
profiler......................................................................................................
2,900.00/month *
Nortek Storm Software for wave and current data processing .............................
50.00/day
Primer statistical package................................................................ $200/project
X -STAR CHIRP 512i Seismic Profiling System .............................................
1,150.00/day
Seismic Profiler Thermal Printer........................................................................ 130.00/day
Sonar Wizard Map Seismic Data Processing Package .......................................
155.00/day
Edgetech 4200 FS Sidescan Sonar System......................................................... 695.00/day
Sonar Wizard Map Sidescan Data Processing Package ...................................... 155.00/day
Geometric G-881 Magnetometer........................................................................ 215.00/day
Schonstedt GA -52B Magnetic Locator................................................................. 30.00/day
Jet Probe with Pump............................................................................................. 55.00/day
Underwater Tide Gauge...................................................................................... 175.00/day
Nikon Level/Tripod/Rod...................................................................................... 65.00/day
PC PowerPoint Projector..............................................................................I....... 50.00/day
Lietz Handheld Level........................................................................................... 10.00/day
Optical Reading Compass...................................................................................... 10.00/day
Garmin Handheld GPS........................................................................................... 10.00/day
Turbidimeter......................................................................................3
8.00/day
CONFIDENTIAL AND PROPRIETARY INFORMATION
STANDARD RATE SCHEDULE (Continued)
SCUBATanks (Nitrox).........................................................................................19.00/day
DigitalCamera...................................................................................................... 10.00/day
UnderwaterCamera............................................................................................. 32.00/day
Underwater Camera W/Strobes...........................................................75.00/day
Underwater Seadrop Integrated Camera................................................30.00/day
Underwater Video Camera...................................................................................115.00/day
GPS Integrated Underwater Video Camera.........................................................435.00/day
UnderwaterScooter............................................................................................... 50.00/day
SieveAnalysis................................................................................................. 75.00/sample
Carbonate Analysis......................................................................................... 50.00/sample
Monuments......................................................................................................... 28.00/each
SurveyDisk......................................................................................................... 15.00/each
DrySuit................................................................................................................. 15.00/day
PonarSampler....................................................................................................... 30.00/day
Microscopes.......................................................................................................... 20.00/day
MobileTelephone................................................................................................. 10.00/day
Penetrometer........................................................................................................ 55.00/day
Generator ........................................ 60.00/day
* ADCP monthly cost may be pro -rated for shorter periods of use
CONFIDENTIAL AND PROPRIETARY INFORMATION
STANDARD RATE SCHEDULE (Continued)
III.
SCUBA DIVING SERVICES
Rate
Equipment & Insurance............................................................................. $75/diver/day **
** Charge in addition to normal hourly rates for personnel listed on Page 1.
IV.
NUMERICAL MODELS
Rate
ADCIRC Tidal Circulation Model ................................................
$1,000/project
BOUSS 2D WAVE - Wave Refraction/Diffraction Model ....................
$1,000/project
MIKE21- NSW Spectral Wave Transformation Model ........................
$2,000/project
MIKE21- HD 2D Current Simulation Model ...................................
$2,000/project
MIKE21- ST 2D Sediment Transport Model ....................................
$2,000/project
DELFT 3D WAVE - SWAN Wave Refraction/Diffraction Model..........
$1,000/project
DELFT 3D FLOW - 2D Hydrodynamic Model .................................
$2,200/project
DELFT 3D MORPHO - Morphodynamic Model .............................
$3,000/project
DELFT 3D WAQ — Water Quality Model .......................................
$2,000/project
V.
REPRODUCTIONS
Rates
Photocopies — Black & White
81/2" x 11" and 8/2" x 14".......................................................................
$0.10/page
11 " x 17"..................................................................................................
$0.15/page
HeavyBond.............................................................................................
$0.30/page
CoverStock.............................................................................................
$0.50/page
Photocopies — Color
81/2" x 11 " and 8 '/2" x 14".......................................................................
$0.50/page
I1 " x 17"..................................................................................................
$0.75/page
HeavyBond.............................................................................................
$1.00/page
CoverStock.............................................................................................
$1.00/page
CAD Plotter Copies
8 '/2" x 11" and 8 '/2" x 14".......................................................................
$1.00/each
11 " x 17"..................................................................................................
$2.00/each
24" x 36"..................................................................................................
$3.00/each
VI.
APPROVED SUB -CONSULTANTS (management fee) ................................
5% of cost
VII.
DIRECT COSTS (handling fee).......................................................................
5% of cost
CONFIDENTIAL .AND PROPRIETARY INFORMATION