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HomeMy WebLinkAboutItem 10 Approval of National Pollutant Discharge Elimination System Monitoring Plan with Wood Environment & Infrastructure Solutions, Inc., 2020-20214SWU 4-4for Ocoee florido AGENDA ITEM COVER SHEET Meeting Date: October 6, 2020 Item # 10 Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: Subject: National Pollutant Discharge Elimination System: Monitoring Plan with Wood Environment & Infrastructure Solutions, Inc., 2020/2021. Background Summary: The City continues to proactively meet the annual stormwater monitoring and reporting requirements set forth in our National Pollutant Discharge Elimination System (NPDES) permit. The City has previously enlisted the services of Wood Environment & Infrastructure Solutions, Inc. (Wood) through Orange County's Contract No. Y16 -903B for Continuing Professional Lake Management Services to provide the Florida Department of Environmental Protection (FDEP) permit monitoring requirements to identify potential high -loading areas that may benefit from future pollutant load reduction. This monitoring requires special collection equipment, laboratory testing along with analysis of data to be submitted to FDEP. Public Works is requesting Commission approval to continue utilizing Wood for this specialized monitoring service through the entire 2020/2021 fiscal year. Public Works maintains contact with other municipalities to verify the pricing is in line with the scope of work. The $49,616.00 negotiated for these services fall within industry standards and is adequately funded in the Stormwater Division. Issue: Contract with Wood Environment & Infrastructure Solutions, Inc. through Orange County's Contract No. Y16 -903B for Continuing Professional Lake Management Services for a NPDES Monitoring Plan. Recommendations: Recommend approval to issue a purchase order to Wood Environment & Infrastructure Solutions, Inc. through Orange County's Contract No. Y16 -903B for Continuing Professional Lake Management Services for the required NPDES Monitoring Plan for a not to exceed amount of $49,616.00, approve to extend the services with Wood under the conditions of the existing Orange County Contract to the end of the City Fiscal Year 2020/2021 should the County contract not be concurrently extended and authorize the City Manager and staff to approve and execute change orders to the work in accordance with the limits established in the Purchasing Code. Attachments: Wood Environment & Infrastructure Solutions, Inc. Task Proposal Orange County's Contract No. Y16 -903B for Continuing Professional Lake Management Services Financial Impact: The work is adequately funded in the Stormwater Division budget for contracted services. Type of Item: (please mark with an 'Y) Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney N/A Reviewed by Finance Dept. TN/A Review ed by ( ) N/A 2 wood. NPDES OUTFALL MONITORING PLAN YEAR 2 SCOPE OF SERVICES Prepared By Wood Environment & Infrastructure Solutions, Inc. Wood Project No. 600449.12 INTRODUCTION The City of Ocoee is required to monitor major stormwater outfalls within its jurisdiction to maintain compliance with its National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. The City requested Wood to assist with the required monitoring. Four sites were identified as having potentially high pollutant loading and were monitored monthly for flow and water quality during the first annual monitoring event during 2019-2020. Based on the data obtained from these stations between 2019 and 2020, three of the four locations contributed significant downstream pollutant loads. The 2020-2021 monitoring will continue monitoring at the three locations with significant loading and include an additional location upstream of one of the high loading locations. TASK 1 - ATTEND PROJECT KICK-OFF MEETING Wood representatives will attend a project kick-off meeting with representatives of the City to review the data collected during the 2019-2020 monitoring period, and the overall objectives, scope of services, and project schedule. The new monitoring location will be verified during this meeting. TASK 2 - NPDES MONITORING a. Surface Flow and Water Quality - Wood will collect surface water grab samples every month for up to twelve months, from the four selected locations. Water samples will be delivered to AEL for the following analyses: (1) Total Kjeldahl Nitrogen (TKN) (3) NOx (nitrite + nitrate) (5) Orthophosphate (7) TSS (9) Turbidity (11) E. coli (2) Total Ammonia Nitrogen (TAN) (4) Total Nitrogen (TKN+TAN) (6) Total Phosphorus (8) Alkalinity (10) Color 'Wood' is a trading name for John Wood Group PLC and its subsidiaries 0 0 0 A total of 48 surface water sample sets will be collected (4 locations x 12 monthly collection events). Flow will be measured at each collection location during each sample event. Using a multimeter, water quality parameters will also be collected during at each location and will include pH, specific conductance, temperature, and dissolved oxygen (% saturation and concentration). b. Stormwater Quality — Wood will use an autosampler to collect and characterize flow - weighted stormwater samples at the northern Starke Lake inflow ditch. The stormwater autosampler will be programmed to collect flow -weighted samples following rain events not less than 0.25 inches for a total of eight rain events (four in wet season and four in dry season, if possible). A total of eight samples will be analyzed for the same parameters as surface water quality above. Samples will be transported to and analyzed by AEL. TASK 3 - REPORTING It is anticipated that a final report will be compiled for the Year 2 NPDES outfall monitoring. The exact format of these reports will depend on discussions with FDEP and the City. The report will include a summary of the data and an analysis of the findings. COVID-19 During these uncertain and changing times we would like to inform you that meeting project schedules and budgets may be difficult if not impossible because of issues related to COVID-19. Federal, state and local governments have instituted stay at home orders and other criteria that could restrict our project execution and affect our ability to meet project schedules and stay within budget. If schedule and budget impacts become a reality, we will inform you of the impacts that are outside of Wood's control. We appreciate your understanding during these challenging times. SCHEDULE, DELIVERABLE, & BUDGET Wood can commence work on the above scope of services immediately upon receipt of the signed attached "Acceptance Agreement" followed up by an approved purchase order. The deliverable will include various documents as described above as well as periodic data and summary data reports following the completion of the 12 -month data collection period. The total budget for this project is estimated not to exceed $49,616. The project will be invoiced monthly on a time and materials basis. Wood will not exceed the proposed total budget without advance approval from the City. Page 2 0 0 0 We look forward to continuing to work with the City of Ocoee. We pledge to provide our services in the exemplary fashion that the City has come to expect from Wood. This proposal is valid for a period of 60 days. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, Wood Environment & Infrastructure Solutions, Inc. Lance Lumbard Project Manager LL/CM: j rb Attachments - Budget Page 3 4jh Christine Mehle, PE, CFM Service Line Leader 0 0 0 ACCEPTANCE AGREEMENT In Witness whereof, the parties hereto have executed this Scope of Work, accepted and agreed as of the day and year first written above. Attached is Wood's Terms & Conditions that will be made a part of this agreement. Wood Environment & Infrastructure Solutions, Inc. City of Ocoee BY: CAO BY: Christine Mehle, PE, CFM Richard Campanale, PE Title: Service Line Leader Title: City Engineer I have the authority to bind the Corporation I have the authority to bind the City of Ocoee Page 4 le 0 0 wood. Wood Environment & Infrastructure Solutions, Inc. (Wood) Terms and Conditions 1. COMPENSATION: Invoices will be submitted at least monthly for Services tendered. Tens of payment are net thirty(30) days from dale of invoice with a late fee done and one-half percent (1 .5%) per month areighteen percent (18%) per annum or the maximum amount allowable bylaw on balances pas[ due. Interest shall be computed or 31 days from the date of Invoke. In addition, any collection fees, allomays' fees, court costs, and other related expenses incurred by Wood in the oollectia of delinquent invoice amounts shall be paw by CLIENT. If CLIENT reasonably objects to all or any portion of an invoice, CLIENT shall rally Woad of that fact In writing within [en (10) days tram the dale of recelpl of Wood's invoice, give reasons for the abjection, and pay that portion of the invoice not reasonably In dispute. Failure of CLIENT to provide such written notice within the allowed ten (10) day period shall be deemed to be a walverol all owborw to thalinvolce. CLIENTS payment shall represent CLIENTS acceptance of the Services invoiced by Wood. Wood may suspend performance of Services under this Agreement if: (i) CLIENT fails W make payment in accordance with the terms hones( or (ii) Wood reasonably believes that CLIENT WHO be unable W pay Wood in accordance with the terms hereof and notifies CLIENT In writing prior to such suspension of SeMces. Such suspension shall condition and Wood has been paid in full for all balances pas[ due including applicable service charges and CUENT provides Wood with adequate assurance of CLIEN Ps ability to make future payments In accordance with the terms hereof. If any such suspension causes an Increase In the time required for the performance of any pad of [he Services, the performance schedule andfor period far performance shall be extended for a period of time equal to the suspension period. 2. STANDARD OF CARE: WOOD will perform the Scope of Services utilizing that degree of skill and cam ordlnariy exercised under similar condition by reputable members of Wood's profession practicing In the same of similar locality at the time of performance. NO OTHER WARRANTY, GUARANTY, OR REPRESENTATION, EXPRESS OR IMPLIED, IS MADE OR INTENDED IN THIS AGREEMENT, OR IN ANY COMMUNICATION (ORAL OR WRITTEN), REPORT, OPINION, DOCUMENT, OR INSTRUMENT OF SERVICE, AND THE SAME ARE SPECIFICALLY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3, INDEPENDENT CONTRACTOR: Wood shall be fully Independent and shall not ad, except as permitted herein, man agent or employee of CLIENT. Wood shall be solely responsible for its employees and for their compensation, benefits, contributions, and laces, if any. Unless clansman agreed to in writing by Wood and CLIENT, neither party shall directly of Indirectly solicit, hire or retain, or knowingly cause a third party to solicil, hire or retain, during [he term of this Agreement and for a period of one (1) year after Ne date on which this Agreement terminates, any employee of the other party who works on the preparation of the Proposal or otherwise performs Services under or in connection with this Agreement. Nothing herein shall prevent either party from hiring any Individual who responds to a general advertisement for services. 4. INSURANCE: Wood will maintain Insurance for this Agreement In the fdwving types and limits: (iworkers compensation Insurance as required by applicable law, (ii) comprehensive general liability insurance (CGL) ($1,000,000 per orcurence /$2,000,000 aggregate), and (iii) automobile liability insurance for bodily injury and property damage (§1,000,000 CSE. 5. CHANGES: CUENT may order changes within the general scope of the Services by altering, adding W, or dele8ng from the Services to be performed. Work beyond the scope of services or re -doing any pad of the project through no fault of Wood, shall constitute extra work and shall be paid for on a time -and -materials basis In addition W any other payment provided for in Nis Agreement Should Wood enaun[er candidate; whlch were (i) not reasonably anticipated, including, but not limited to, changes in applicable law, (ii) subsurface or otherwise concealed physical conditions that tlltter materially from [hose Indicated In this Agreement at (III) unknown physical conditions of an unusual nature that differ materially from Nose ordinarily found to exist and generally recognized as inherent in activities of the character contemplated by this Agreement, Wood shall promptly provide notice to CLIENT, CLIENT shall promptly investigate such conditions. II, in Wood's reasonable opinion, the conditions cause an Increase or decrease In Wad's coal of, or time required for, performance of any pad of Its Services, CLIENT shall issue a Change Order with an equitable adjustment rf Wood's compensation, schedule, or bath. In the event no Change Order is agreed to, Wood reserves the right to either 0) suspend its performance until a Change Order is agreed W or (ii) discontinue its performance and terminale this Agreement. 8. FORCE MAJEURE: Should performance of5ervkes by Wad be affected by causes beyond its reasonable control, Wood writ be granted a has extension and the parties will negotiate an equitable adjustment to the price, where appropriate, based upon the effect of the Force Majeure on performance by Wad. 7. CLIENT'S RESPONSIBILITIES: CLIENT agmes W provide Woodall available material, data, and information pertaining to the Services. 8. SITE ACCESS: CUENT shall at its cast and al such times as maybe required by Woad for the successful and timelyampledon of SeMces: (Q provide unimpeded and timely access to any site, Including third party sites grequired Q9 provide an adequate area for Wad's site office facilities, equipment storage, and employee paddng; fill furnish all ansWctlon utilities and utilities releases necessary for the Services; IN) provide the locations ofall subsurface shudums, including piping, tanks, cables, end utilities; (v) approve all locations for digging and drilling operations; and (w) obtain all permits and lioeuses which are necessary and required to be taken out In CLIENTS name for the SeMces. Wad will not be liable for damage or injury arising from damage to subsurface structures that are not called to its attention and correctly shown on the plans furnished to Wood in connection with ilswodc. 9. WARRANTY OF TITLE, WASTE OWNERSHIP: CLIENT has and shall retain all responsibility and liability for the environmental conditions on the site. Title and riskof foss with respect to all materials shall remainwith CLIENTAL no time will Wad assume possession or title, constructive or express, W any such materials, Including samples and wastes. 10. LIMITATION OF LIABILITY: CLIENT's sola and exclusive remedy for any alleged breach of Wood's standard of care hereunder shall be to require Wood to reperform any defective Services. All claims by CLIENT shall be deemed relinquished unless filed within one (1) year after substantial completion of the Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIENT AGREES THAT THE LIABILITY OF WOOD TO CLIENT FOR ANY AND ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, CONTRIBUTION, ASSERTED BY CLIENT AND ARISING OUT OF OR RELATED TO THE NEGLIGENT ACT(S), ERROR(S) OR OMISSION(S) OF WOOD IN PERFORMING SERVICES, SHALL BE LIMITED TO FIFTY THOUSAND DOLLARS ($50,000) OR THE TOTAL FEES ACTUALLY PAID TO WOOD BY CLIENT UNDER THE AGREEMENT WITHIN THE PRIOR ONE (1) YEAR PERIOD, WHICHEVER IS LESS ("LIMITATION"). CLIENT HEREBY WAIVES AND RELEASES (I) ALL PRESENT AND FUTURE CLAIMS AGAINST WOOD OTHER THAN THOSE DESCRIBED IN THE PRECEDING SENTENCE, AND (II) ANY LIABILITY OF WOOD IN EXCESS OF THE LIMITATION. In consideration of the promises contained herein and for other separate, valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CLIENT acknowledges and agrees that (I) but for the Limitation, Wood would not have performed the Services, ([i) it has had the opportunity to negotiate the terms of the Limitation as part of an "arms -length" transaction, (II[) the Limitation amount may differ from the amount of professional liability Insurance carried by Wood, (Iv) the Limitation Is merely a Ilmltallon of, and not an exculpation from, Wood's liability and does not In any way obligate CLIENT to defend, indemnify or hold harmless Woad, (v) the Limitation is an agreed remedy, and (A) the Limitation amount Is neither nominal nor a disincentive to Wood performing the Services in accordance with the Standard of Care. Woad and CLIENT each hereby waive any right to recover from the other party far any special, incidental, Indirect, or consequential damages (including, but not denied to: loss of use, loss of revenue, loss of proft, loss of contracts, loss of product or produdlon, or loss of business opportunity) Incurred by either Wood or CLIENT or for which either party may be liable to any third party, which damages have been or are occasioned by services performed or reports prepared or other work performed hereunder. CLIENT agrees that the damages for which Wood shall be liable are limited to that proportion of such damages which is attributable to Wood's percentage of fault subject to the other limitations herein. 11. INDEMNITY: CLIENT agrees to defend, indemnify, protect and hold harmless Wad and its alfirxxs, employees and agents from any and all claims, Ilabiddres, damages or expanses, including but not limited to delay of the project, reduction of property value, fear M or actual exposure to or release of toxic or hazardous substances, and any consequential damages of whatever nature, which may was directly or indirectly, to any paM, as a malt of the services provided by Wood under Nis Agreement, unless such injury at loss a mused by the sole negligence of Wood. 12 ASSIGNMENT AND SUBCONTRACTING: Neither party shall assign Its Interest in this Agreemenlwithout the written consent of the other. If services are required in New York, Wood will arrange forsuch services W be provided by an associated firm and this agreement, where required, shall be deemed to be directly between the CLIENT and the liaised On for all purposes related W the specific scope of services. Wood shall retain responsibility in accordance with this Agreement for all services performed. 13. COST ESTIMATES: If included in the Services, Wood will provide cost estimates based upon Wood's experience on similar projects, which are no[ Intended for use by CLIENT or any other party In developing firm budgets or financial models, or In making investment decisions. Such est estimates repres ardany Wood's judgment as a professional and, 8 famished, are only for CLIENTs general guidance and are nolguaradeed as loaccuracy. 14. TERMINATION: Either party may terminate this Agreement at any time by providing not less than ten (10) days advance written notice to the other party, In the event of a termination, CLIENT shall pay for all reasonable charges for work performed and demobilization by Wad to date of force of termination. The limitation of liability, and indemnity obligations of this Agreement shall be binding notwithstanding any termination of this Agreement. 15. GOVERNING LAWSMNGUAGE: This Agreement shall be governed and construed in accordance with the laws of the slate of the Wood once entering Into the Agreement. All communications relating to or arising out of [his Agreemmnlshdl be in the English language. 16. FIELD REPRESENTATION: The Services do not Include supervision or direction of the means, methods or actual work of other consultants, contractors and subcontractors not retained by Wad. The presence of Wad's representative WHO not relieve any such other party from its responsibility W perform its wade and services In accordance with Its an rachial and legal obligations and in conformity with the plans and specifications for the project. CLIENT agrees that each such other party will be solely responsible for its working conditions and safety on the site. Wad's monitoring cribs procedures of any such other party is not intended to include a review of the adequacy of its safety measures. It Is agreed [hal Wood is not responsible for safety or security at a site, other than for Wood's employees, and that Wad does not have the anawmal duty or legal right to stop [he work of others. 17. DISPUTES: Any dispute arising hereunder shall firs) be resolved by taking the following steps, whom a successive step is taken if the Issue Is not resolved at the preceding step: 1) by [he technical and contractual personnel for each party performing this Agreement, 2) by executive manageroentof each party, 3) by mediation, or 4) through the mud system of the state of the Ward once that is entering into this Agreement. CLIENT hereby waives the right to Mal by jury for any disputes arising color this Agreement. ExaptasolhenWse provided herein, each party shall be responsible fords am legal cats and attorneys' fees. 18. EXCLUSIVE USE: Services provided under this Agreement, including all reports, information or recommendations prepared or issued by Wad, are for dies exclusive use of the CUENT for the project specified. No other use is authorized under this Agreement CLIENT will not dktdbuW or convey Wad's reports or recommendations to any person or organization other than [hose squired in Ne project desaiprion without Wood's written authorization. CLIENT releases Wood from liability and agrees to defend, indemnify protect and how harmless Wad tram any and all claims, liabilities, damages or expenses adding, In whole or in pad, from such unauthorized distribution. All reports, drawings, plans, documents, software, erne code, object code, field notes and work product (nor apses thereof) in any form prepared or furnished by Wood under this Agreement are instruments of service. Exclusiveownership, copyright and title to all irwWmentsofservice remain with Wood. 19. ENTIRE AGREEMENT: The terms and conditions set forth herein ansfi(ule the enOre understanding and agreement of Wood and CLIENT with respect to the Services. All previous proposals, offers, and other communications relative to the provisions of these Services are hereby superseded. Should CLIENT utilae its purchase oder or any other form to procure services, CLIENT acknowledges and agrees that Ins use of such purchase oder orother Wim Is solely for adminds"Ove purposes and in no evenlshad Wad be bound W any terms and condition on such purchase order or other form, regardless of reference W (e.g. on invoices) or signature upon (e.g. acknowledgement) such purchase oder archer ton by Wood. CLIENTshalf rewerlce this Agreement on any purchase orderorother form it may issue W procure Wood services, but CLIENT'S Islam W do so shall notopemte tomoddy this Agreement. US T&C B-2019 BUDGET Ciry of Ocoee NPDE$ Menitenng Year (91-2020) Weed Prefect Ne. 600669.12 wood. Task Number and Name TasMl-klekoP Task2-NOPOES IkaykpaXlq MONWI Leber Cest: TideNeu Ra¢ abut. Topl shows Tow! as- Tehl ... POmlpel 5330.00 10.m EO.W ]000 Magi, ]O.m se.m Seas &eNar Wo[MR "..aa s0.m EO.m s0.m PAWN NBS00 EO.m so DO I..&eNm LPniem Mpneper E1620u 3 f9W,W 16 n. as 10 ft$91m senbriNmlect Mans E1]200 3 E361.m B f1 cm.m N Balsam En9mmons"I w"c" PMewlpnal> f1ea00 m.m p.W ]O.m EneNrvlBekntletlBNWyorPManbnel3 5100.00 SO.m 85 E10}m.m a 52$9200 Enpincerw entlscounneor FMa kwalt SY.OY EO.m EO.m SO,m Tttbnl[hn6 5108.00 m.m sex EO.m T"Mak"n6 590.00 m.m Se fp.W TeenMelana solea AO.m s0.m s0,m T"Now n]565.00 EO,m 80 SV...&p.W T.M.W.a Ss6Aa EO.W EO.m fQW 'Mmakom1 LBAO EO.W m.m m,m A6MnbWtlle leaf Sa5A0 W,W W.as fpm AtlmlWaitive 8 wor]Wpuan6 580.0 i0.m Eam SO.m AdmOYsueOvefhX 1 ends 55100 2 31 M. 8 me.a ¢1200 Survey Crew la Penen) SMYLO foAp 50.00 Eqm Suney Lrtwl] Person) 51Z HI00 ]oD] ID.Op wwoev.p Penonl 112.a Y.00 ml1] 50.00 LOMr.Tmk Total 6 563400 232 520..1400 fit 52 AB200 In He... Use e: bm Oeserlo... urh rn.. 100x1 0p Toel mY Tobl Ole Teel Coaly E0.05 EO.m EOp] $.M Color Coples E0.3a EO.W 50.00 .0 .Mo..a 5130.00 SOm A.MPNr leuceuM. omoftrsW 5600.00 12 f40m.m 6 Mou s:aaa0 12 st,am.m Its Munster s]0.00 12 E3m.m YSI I.S.00 12 31,Om.m Jan Lme 16" Mawr and eager f16a.o0 as as m.m sc.m ".use. Task f0.m a9,760.m sow 9ubce mwge ar Cest laL SMb... mcdcor Name To.I Teel To. AEL E11.t56.m 6ubwnP. s 50.00 511,358.00 $0.00 Total Task Cost $67&001 1 ssl.0.50.001 $7492.00 Page 1 of AMENDMENT NO. 5 CONTRACT NO. Y16 -903B CONTINUING PROFESSIONAL LAKE MANAGEMENT STUDIES Wood Environment & Infrastructure Solutions, Inc. 550 NORTHLAKE BLVD., SUITE 1000 ALTAMONTE SPRINGS, FL 32701 EFFECTIVE DATE: July 1, 2020 1. This Amendment is issued in accordance with Section III of the contract, titled DESIGN WITHIN FUNDING LIMITATIONS. Make the following change: C. The estimated construction cost for any project under this contract shall not exceed $2,,000;000 $4,000,000. Each Task Authorization shall specifically indicate the project's estimated construction cost. Task Authorizations issued for study activities may not exceed $290;000- 500 000. D. The CONSULTANT and its subsidiaries or affiliates who designed the project shall be ineligible for the award of the construction contract for that project. 2. All other terms and conditions of the original Contract remain the same. ORANGE COUNTY FLORIDA Zulay Millan, Assistant Manager Orange County Procurement Division July 1, 2020 Date Signed Amendment No. 5 Contract Y16 -903B CA: (RM) BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA AMENDMENT NO.4 /CONTRACT NO. Y16 -903B Continuing Professional Lake Management Services Wood Environment & Infrastructure Solutions, Inc. 550 Northlake Blvd, Suite 1000 Altamonte Springs, FL 32701 EFFECTIVE DATE: June 8, 2020 The following amendment is issued as follows: The term of this contract is hereby extended for 6 months from June 8, 2020 through December 7, 2020, at the same hourly rates and terms and conditions. All other terms and conditions of the original Contract remain the same. BOARD OF COUNTY COMMISSIONERS WOOD ENVIROMENT & INFRASTRUCTURE ORANGE COUNTY, FLORIDA SOLUTIONS, INC. ALTA�MO�NTE�SPRINGSS, FLORIDA Rolando Melo, Sr. Contract Administrator Signature Procurement Division DATE: 5/7/20 Y16 -903B Amendment #4 Page 1 of 1 Michael D. Phelps Type or Print Name BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA AMENDMENT NO. 3 / CONTRACT NO. Y16 -903B Continuing Professional Lake Management Services Wood Environment & Infrastructure Solutions, Inc. 550 Northlake Blvd, Suite 1000 Altamonte Springs, FL 32701 EFFECTIVE DATE: December 8, 2019 The following amendment is issued as follows: The term of this contract is hereby extended for 6 months from December 8, 2019 through June 7, 2020, at the same hourly rates and terms and conditions. All other terms and conditions of the original Contract remain the same. BOARD OF COUNTY COMMISSIONERS WOOD ENVIROMENT & INFRASTRUCTURE ORANGE COUNTY, FLORIDA SOLUTIONS, INC. AL'TAAM'OnNT,E� SPRINGS, FLORIDA R la do Melo, Sr. Contract Administrator Signature Procurement Division DATE: Y16 -903B Amendment #3 Page 1 of I Michael D. Phelps vpe or Print Name BOARD OF COUNTY COMMISSIOP ORANGE COUNTY, FLORIDA AMENDMENT NO.2 / CONTRACT NO. Y16 -903B Continuing Professional Lake Management Services Wood Environment & Infrastructure Solutions, Inc. 550 Northlake Blvd, Suite 1000 Altamonte Springs, FL 32701 EFFECTIVE DATE: December 8, 2018 This Amendment is issued In accordance with Section VIII of this contract, entitled: TERM OF CONTRACT, as follows: The term of this contract is hereby extended for one (1) additional year from December 8, 2018 through December 7, 2019, at the same hourly rates and terms and conditions. All other terms and conditions of the original Contract remain the same. BOARD OF COUNTY COMMISSIONERS WOOD ENVIRONMENT & INFRASTRUCTURE ORANGE COUNTY, FLORIDA SOLUTIONS, INC. ALTAMONTE SPRINGS, FLORIDA �tola do Melo, Sr. Contract Administrator Signature Procurement Division DATE: l "-A Y16 -903B Amendment #2 Page 1 of 1 Michael D. Phelps, Associate Type or Print Name ,r BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA AMENDMENT NO.1 I CONTRACT NO, Y16 -903B Continuing Professional Lake Management Services Amec Foster Wheeler Environment & Infrastructure, Inc. 76 E. Amelia Street, Suite 200 Orlando, FL 32801 EFFECTIVE DATE: December 8. 2017 This Amendment is issued in accordance with Section VIII of this contract, entitled: TERM OF CONTRACT, as follows: The term of this contract is hereby extended for one (1) additional year from December 8, 2017 through December 7, 2018, at the same hourly rates and terms and conditions. All other terms and conditions of the original Contract remain the same. BOARD OF COUNTY COMMISSIONERS AMEC FOSTER WHEELER ENVIRONMENT & ORANGE COUNTY, FLORIDA INFRASTRUCTURE, INC. ORLANDO, FLORIDA Rolando Melo, Sr. Contract AdministratorSignature- Procurement gnatureProcurement Division DATE: 11-1 1 Y16 -903B Amendment #1 Page 1 of 1 Michael D. Phelps, Associate Type or Print Name CONTRACT #Y16 -903-B THIS CONTRACT made and entered into this 8th day of December, 2016, by and between the: BOARD OF COUNTY COMMISSIONERS 201 S, ROSALIND AVENUE ORLANDO, ORANGE COUNTY, FLORIDA a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and: Amec Foster Wheeler Environment.& Infrastructure, Inc, 75 E. Amelia Street, Suite 200 Orlando, FL 32801 FEDERAL I.D. # 91-1641772 hereinafter referred to as the CONSULTANT, RECITALS WHEREAS, the COUNTY desires to retain the services of the CONSULTANT to provide continuing engineering services, to be issued as Task Authorizations under individual Purchase Orders; and; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, upon the terms and conditions hereinafter set forth, and the CONSULTANT is desirous of obtaining such employment and of performing such services upon said terms and conditions; it is agreed by and between the parties hereto as follows: I SCOPE OF SERVICES The CONSULTANT shall, diligently and timely, perform professional engineering services as described in Exhibit A - Scope of Professional Services, entitled, "CONTINUING PROFESSIONAL LAKE MANAGEMENT SERVICES" which Is attached hereto and made a part hereof by reference. As the COUNTY generates individual projects, a detailed scope of work will be prepared for each project and furnished to the CONSULTANT. Upon receipt of the scope of,services, the CONSULTANT will submit a cost Proposal to the COUNTY with the following: a. Position classification, total hours, hourly rate and extended total amount. b. Subcontracted services including information in "a" above c._ Performance period for the services d. Out-of-pocket expenses Proposal shall be submitted within fifteen (15) days after receipt of written request for proposal, Y16 -903B 1 CONSULTANTS COMPETITIVE NEGOTIATION ACT This Contract is a continuing Contract as defined in Section 287.055 (2) (g), Florida Statutes. Task Authorizations to be performed by the CONSULTANT under this Contract shall be approved and authorized by the COUNTY in writing by issuance of County approved Purchase Orders, pursuant to the CONSULTANT'S Proposal and fee, whether or not modified by negotiation. The CONSULTANT'S authority to proceed with the specified scope of work will be either the County approved Purchase Orders or a County issued written Notice to Proceed to be determined by the County Project Manager. II PAYMENT The COUNTY will pay to the CONSULTANT for duly authorized services performed by the CONSULTANT and accepted by the County as follows: . A. FEES: For services performed under Article I, a firm fixed fee (lump sum) will be agreed upon prior to commencement of services; or, if a firm fixed fee cannot be determined, a not -to -exceed maximum dollar amount will be agreed upon; however, in either case, the fee shall be calculated in accordance with the hourly rate schedule identified as Exhibit B, which is attached and made a part of this Contract. B. PAYMENT: The COUNTY shall pay the CONSULTANT in accordance with the Florida Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Payment will be due and payable monthly in proportion to the percentage of work approved and accepted by the COUNTY. All invoices shall be prepared in the format prescribed by the COUNTY. When an invoice includes charges from a subconsultant, the subconsultaht's invoice/backup shall accompany the CONSULTANT'S invoice. A separate Pay Item Breakdown sheet for the CONSULTANT and each subconsultant shall accompany each invoice. The CONSULTANT'S Pay Item Breakdown sheet shall include, in aggregate, the CONSULTANT'S and subconsultant's pay items. All requests for payment must be accompanied by a narrative description of the scope of services from Exhibit A performed by the CONSULTANT and subconsultants during the period covered by the invoice. The narrative. shall also describe the work to be performed during the next billing period C. PAYMENT IN EVENT OF TERMINATION BY COUNTY: In the event this Contract Is terminated or canceled prior to completion of any project In progress, payment shall be made in accordance with the provisions of Article IX. D. CHANGES WITHIN SCOPE: ALLOWANCE OF ADDITIONAL COMPENSATION: If instructed to do so by the COUNTY, the CONSULTANT shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the CONSULTANT, the CONSULTANT may be entitled to additional compensation. In all disputes arising over the right to . additional compensation, Y16 -903B 2 the COUNTY shall be the party to determine whether substantial acceptable work has been done on documents such that changes, revisions or preparation of additional documents will result in additional compensation to the CONSULTANT. The additional compensation shall be computed by the CONSULTANT on a revised fee quotation Proposal that must be submitted to the COUNTY for prior approval. The fee shall be agreed upon before commencement of any additional work and shall be Incorporated by Change Order to the corresponding Purchase Order issued against this Contract. E. SUBCONSULTANTS: The CONSULTANT shall, upon requiring the services of various sub -consultants, be responsible for the Integration of all sub - consultants' work into the documents and for all payments to such sub - consultants out of the lump sum fee agreed to. Services rendered by the CONSULTANT in connection with the coordination of. any such sub -consultants or other personnel services shall be considered within the scope of the basic contract and no additional fee will be due the CONSULTANT for such work. F. TRAVEL AND PER DIEM: Travel and per diem charges shall not exceed the limits as set forth in Section 112.061 Florida Statutes, as set forth in Exhibit C, which is attached to this Contract. G. COMPENSATION: The CONSULTANT'S compensation shall be established and authorized for each Task Authorization on the basis of the CONSULTANT'S personnel hourly billable rates and related allowable costs as set forth in the basic Contract. The CONSULTANT'S personnel hourly billable rates and multiplier shall remain In effect and unchanged during the duration of the Contract and any extensions thereto, except as provided by Article II; paragraph I, Price Adjustment. Compensation for any authorized cost that is not set forth in the basic Contract shall be negotiated prior to issuance of the Task Authorization and shall be supported by the appropriate cost and pricing data. H. MULTIPLIERS: The following multipliers are applicable to this contract and shall remain in effect and unchanged for the duration of the contract, including any extensions thereto: Prime Consultant Multiplier Amec Foster Wheeler Environment & 2.83 Infrastructure, Inc, 2. Sub -Consultants Multiplier Barnes, Ferland and 2.99 Associates, Inc. DB Environmental Laboratories, Inc. Fixed Fees Gator Engineering & Aquifer 2.84 Restoration, Inc. Hydro Modeling, Inc. 2.42 Y16-9038 3 Southern Research Laboratories, Inc. Fixed Fees PRICE ADJUSTMENT: Written request for a price adjustment may be made only under the following conditions: i. If a project specific contract's performance period exceeds three .years a price adjustment may be requested not more than 60 days after the end of the three year period and for each annual period thereafter or for the remaining period of the contract if less than one year. ii. For continuing contracts with a performance period that exceeds three years, an adjustment may be requested not more than 60 days after the end of three years. iii Retroactive requests for price adjustments will not be considered. The provisions of this clause shall not apply to contracts with fees based on ranges. Retroactive requests for price adjustments will not be considered. Any request for a price adjustment will be subject to negotiation and must be approved by the Manager, Procurement Division. Any request for such increase shall be supported by adequate justification to include Consumer Price Index (CPI) documentation. The CPI documentation shall be based on the All items, CPI -U, U.S. City Average, not seasonally adjusted index. The prevailing CPI in the month when the contract was executed, by the County shall be the base period from which changes in the CPI will be measured for the initial request for a price adjustment. Any subsequent requests for a price adjustment shall be based on the CPI prevailing in the month when an amendment affecting a previous price adjustment was executed by the County. The maximum allowable increase shell not exceed the percent change in the CPI from the base period (either the month when the contract was executed by the County or the month when an amendment effecting a price adjustment was executed by the County) to the CPI prevailing at time of request for a price adjustment and in no case shall it exceed 4%. Any price adjustment shall only be effective upon the execution of a written amendment to the contract executed by both parties. Y16-9036 4 IIB DESIGN WITHIN FUNDING LIMITATIONS The estimated construction cost for any project under this contract shall not exceed $2,000,000. Each .Task Authorization shall specifically indicate the project's estimated construction cost. Task Authorizations Issued for study activities may not exceed $200,000. IV RESPONSIBILITY OF THE CONSULTANT A. The CONSULTANT shall be responsible for the professional quality, technical accuracy,_and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. B. The Project Manager and the Project Engineer must be two separate individuals. The Project Engineer must be professional engineer registered in the State of Florida. C. Substitution of the Project Manager, Project Engineer or Other Key Personnel: The CONSULTANT shall not substitute any key personnel Without the prior written approval of the Manager of the Procurement Division. Any such requests shall be supported by comprehensive documentation outlining the reason(S) for the proposed substitution to include the specific qualifications of the proposed substitute. Approval of the request shall be at the discretion of the COUNTY. Further, the COUNTY, in lieu of approving a substitution, may initiate . other actions under the contract, including termination. D. Neither the County's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the COUNTY in accordance with applicable law for all damages to the COUNTY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract. E. The rights and remedies of the COUNTY provided for under this contract are in addition to any other rights and remedies provided by law. F. If the CONSULTANT is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. G. NOT APPLICABLE H. The CONSULTANT shall maintain an adequate and competent staff of professionally qualified persons during the term of this Contract for the purpose of rendering the required services hereunder. The CONSULTANT shall not sublet, assign or transfer any services under this agreement without the written consent of the COUNTY. Y16 -903B 5 The COUNTY may require in writing that the CONSULTANT remove from the Work any of the CONSULTANT'S personnel that the COUNTY determines to be incompetent, careless or otherwise objectionable. No claims for an increase in Contract Amount or Contract Time based on the COUNTY'S use of this provision will be valid. CONSULTANT shall indemnify and hold the County harmless from and against any claim by CONSULTANT'S personnel on account of the use of this provision. J. NOT APPLICABLE. V COUNTY'S RIGHTS AND RESPONSIBILITIES The COUNTY shall: A. Furnish the CONSULTANT with existing . data, plans, profiles, and other information necessary or useful in connection with the planning of the program that is available in the COUNTY'S files, all of which shall be and remain the property of the COUNTY and shall be returned to the COUNTY upon completion of the services to be performed by the CONSULTANT, B. Make COUNTY personnel available on a time -permitting basis, where required and necessary to assist the CONSULTANT. The availability and necessity of said personnel to assist the CONSULTANT shall be determined solely within the discretion of the COUNTY,. C. Be entitled, upon request and without additional cost, to any documents as requested by the COUNTY for any project on which the CONSULTANT is working. VI COUNTY'S'DESIGNATED' REPRESENTATIVE It is understood and agreed that the COUNTY designates the County Administrator or their designated representative, in writing, to represent the COUNTY in all technical matters pertaining to,and arising from the work and performance of this Contract. The County Administrator or designated representative shall have the following responsibilities: A. Examination of all reports, sketches, drawings, estimates, Proposals, and other documents presented by the CONSULTANT and rendering, in writing, decisions indicating the COUNTY'S approval or disapproval within a reasonable time so as not to materially delay the work of the. CONSULTANT. B. Transmission of instructions, receipt of information, and interpretation and definition of COUNTY policies and decisions with respect to design, materials and other matters. pertinent to the work covered by this Contract. C. Giving prompt written notice to the CONSULTANT whenever the COUNTY observes, or otherwise becomes aware of, any defects or changes necessary in a project. Y16-90313 6 VII CONTRACT TYPE This is an.indefinite quantity contract for the goods and/or services specified in Exhibit A — Scope of Professional Services. The quantities of goods and/or services specified are unknown. Delivery or performance shall be only as authorized by task authorizations in accordance with the terms of this contract. The CONSULTANT shall furnish the goods and/or services to the COUNTY, when and if ordered. The COUNTY shall order at least $25,000 in fees during the initial contract performance period. The COUNTY may issue orders requiring delivery to multiple destinations or performance at multiple -locations. the contract terminated. VIII TERM OF CONTRACT The term of this contract shall be for one (1) year from date of execution; however, by mutual consent, the contract may be extended for two additional one year terms, not to exceed a total of three (3) years. Any Purchase Orders for Task Authorizations issued during the effective period of this contract and not completed within that period, shall be completed by the CONSULTANT within the time specified in the order. The contract shall govern the CONSULTANT'S and the COUNTY'S rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period. IX TERMINATION OF CONTRACT A. TERMINATION.FOR DEFAULT: The COUNTY may, by written notice to the CONSULTANT, terminate this contract for default in whole or in part (task authorizations, if applicable) if the CONSULTANT fails to: 1, provide products or services that comply with the specifications herein or fails to meet the County's performance standards 2. deliver the supplies or to perform the services within the time specified in this contract or any extension. 3. make progress so as to endanger performance of this contract 4. perform any of the other provisions of this contract. Prior to termination for default, the COUNTY will provide adequate written notice to Y16-9038 7 the CONSULTANT through the Manager, Procurement Division, affording him/her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the CONSULTANT in accordance with the County's Procurement Ordinance. The CONSULTANT shall be liable for any damage to the COUNTY resulting from the CONSULTANT'.S default of the contract. This liability includes any increased costs incurred by the COUNTY in completing contract performance. In the event of termination by the COUNTY for any cause, the CONSULTANT will have, in no event, any claim, against the COUNTY for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the COUNTY the CONSULTANT shall: Stop work on the date and to the extent specified, 2. Terminate and settle all orders and subcontracts relating to the performance of the. terminated work 3. Transfer all work In process, completed work, and other materials related to the terminated work as directed by the COUNTY, 4. Continue and complete all parts of that work that have not been terminated. If the CONSULTANT'S failure to perform the contract arises from causes beyond the control and without the fault or negligence of the CONSULTANT, the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (6) epidemics, (,6) strikes and (7) unusually severe weather. B. TERMINATION FOR CONVENIENCE: The COUNTY, by written notice, may terminate this contract, in whole or in part, when it is In the COUNTY'S interest. If this contract is terminated, the COUNTY shall be liable only for goods or services delivered and accepted. The COUNTY Notice of Termination shall provide the contractor thirty (30) days prior notice before it becomes effective: A termination for convenience may apply to individual purchase/delivery orders or to the contract in its entirety. C. PAYMENT If a Task Authorization or Purchase Order is terminated for the convenience of the COUNTY, a settlement will be negotiated. This settlement shall not exceed the,total amount due for services rendered and accepted by the COUNTY in accordance with the payment terms of the Contract. If the Contract is terminated for convenience in its Y16 -903B 8 entirety, the CONSULTANT shall be paid an amount not in excess of all services rendered and accepted under the various orders issued against the Contract. However, if the termination is for cause, no amount shall be allowed for anticipated profit on unperformed services or other work, and the payment may be adjusted to take'into account any additional costs to be incurred by the COUNTY due to such default. D. TERMINATION NOTICE The Manager, Procurement Division, shall issue any and all notices involving termination of this contract, X INDEMNITY/INSURANCE AND SAFETY REQUIREMENTS Consultant agrees to maintain on a primary basis and at its sole expense, at all times throughout the duration of this contract the following types of insurance coverage with limits and on forms (including endorsements) as described herein. These requirements, as well as the County's review or acceptance of insurance maintained by Consultant is not intended to and shall not in any manner limit or qualify the liabilities assumed by Consultant under this contract. Consultant is required to maintain any coverage required by federal and state workers' compensation or financial responsibility laws including but not limited to Chapter 324 and 440, Florida Statutes, as may be amended from time to time. The Consultant shall require and ensure that each of its sub -consultants providing services hereunder (if any) procures and maintains until the completion of their respective services, insurance of the types and to the limits specified herein. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of A- Class VIII or better. (Note: State licenses can be checked via www.floir.com/Comi)anysea and A.M, Best Ratings are available at rwwwambestcom) Required Coverage: ® Commercial General Liability - The Consultant shall maintain coverage issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with a- limit of liability of not less than $1,000,000 per occurrence. Consultant further agrees coverage shall not contain any endorsement(s) excluding or limiting Product/Completed Operations, Contractual Liability, or Separation of Insureds. The General Aggregate limit shall either apply separately to this contract or shall be at least twice the required occurrence limit. Required Endorsements: Y16-9038 9 ® Additional Insured- CG 20 26 or CG 2010/CG 20 37 or their equivalents. Note: CG 20 10 must be accompanied by CG 20 37 to include products/completed operations ® Waiver of Transfer of Rights of Recovery- CG 24 04 or its equivalent. Note: If blanket endorsements are being submitted please include the entire endorsement and the applicable policy number. ® Business Automobile Liability - The Consultant shall maintain coverage for all owned; non -owned and hired vehicles. issued on the most recent version of the ISO form as filed for use in Florida or its equivalent, with limits of not less than $500,000 (five hundred thousand dollars) per accident. In the event the Consultant does not own automobiles the Consultant shall maintain coverage for hired and non -owned auto liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. ® Workers' Compensation - The Consultant shall maintain coverage for its employees with statutory workers' compensation limits, and no less than $100,000 each incident of bodily injury or disease for Employers' Liability. Elective exemptions as defined in Florida Statute 440 will be considered on a case-by- case basis. Any Consultant using an employee leasing company shall complete the Leased Employee Affidavit. Required Endorsements: ® Waiver of Subrogation- WC 00 03 13 or its equivalent ® Professional Liability- with a limit of not less than $1,000,000 per occurrence/claim When a self-insured retention or deductible exceeds $100,000 the COUNTY reserves the right to request a copy of Consultant most recent annual report or audited financial statement. For policies written on a "Claims -Made" basis the Consultant agrees to maintain.a retroactive date prior to or equal to the effective date of this contract. In the event the policy is canceled, non -renewed, switched to occurrence form, or any other event which triggers the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract the Consultant agrees to purchase the SERP with a minimum reporting period of not less than two years. Purchase of the SERP shall not relieve the Consultant of the obligation to provide replacement coverage. By entering Into this contract. Consultant agrees to provide a waiver of subrogation or a waiver of transfer of rights of recovery, in favor of the County for the workers' compensation and general liability policies as required herein. When required by the insurer or should a policy condition not permit the Consultant to enter into a pre -loss agreement to waive subrogation without an endorsement, then Consultant agrees to notify the insurer and request the policy be endorsed with a Waiver of .Subrogation or a Waiver of Transfer of Rights of Recovery Against Others endorsement. Prior to execution and commencement of any operations/services provided under this contract the Consultant shall provide the COUNTY with current certificates of Y16 -903B 10 insurance evidencing all required coverage. In addition to the certificate(s) of insurance .the Consultant shall also 'provide endorsements for each policy as specified above. All specific policy endorsements shall be in the name of the Orange County Board of County Commissioners. For continuing service contracts renewal certificates shall be submitted immediately upon request by either the COUNTY or the COUNTY's contracted certificate compliance management firm. The certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section. Consultant shall notify the COUNTY not less than thirty (30) business days .(ten business days for non-payment of premium) of any material change in or cahcellation/non-renewal of insurance coverage. The Consultant shall provide evidence of replacement coverage to maintain compliance with the aforementioned insurance requirements to the COUNTY or its certificate management representative five (5). business days prior to the effective date of the replacement policy (ies). The certificate holder shall read: Orange County Board of County Commissioners c/o Procurement Division 400 E. South Street Orlando, Florida 32801 INDEMNIFICATION- CONSULTANTS: To the fullest extent permitted by law, the Consultant shall defend, indemnify, and hold harmless the COUNTY, its officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any kind or nature whatsoever, arising directly or indirectly out of or caused in whole or in part by any act or omission of the Consultant or its sub -consultants (if any), anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable; excepting those acts or omissions arising out of the sole negligence of the COUNTY. The Consultant shall at all times: • Initiate, maintain and supervise all safety precautions and programs In connection with its services or performance of its operations under this contract. Take all reasonable precautions to prevent injury to employees, including County employees and all other persons affected by their operations. Take all reasonable precautions to prevent damage or loss to property of Orange County, or of other vendors, consultants or agencies and shall be held responsible for replacing or repairing any such loss or damage. Y16 -903B 11 Comply with all ordinances, rules, regulations, standards and lawful orders from authority bearing on the safety of persons or property or their protection from damage, injury or loss. This includes but is not limited to: o Occupational Safety and Health Act (OSHA) o National Institute for Occupational Safety & Health (NIOSH) o National Fire Protection Association (NFPA) o American Society of Heating, Refrigeration & Air -Conditioning Engineers (ASHRAE) The Consultant must also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address listed below: XI TROTH. IN NEGOTIATION AND MAINTENANCE AND EXAMINATION OF RECORDS A. The Consultant hereby represents, covenants and warrants that wage rates and other factual unit costs supporting the compensation provided for in this Contract are accurate, complete and current as of the date of contracting. It is further agreed that the Contract price shall be adjusted to exclude any amounts where the County determines the Contract price was increased due to inaccurate, incomplete or non- current wage rates and other factual unit costs. B. The Consultant shall keep adequate records and supporting documents applicable to this Contract. Said records and documentation shall be retained by the Consultant for a minimum of five (5) years from the date of final payment on this contract. If any litigation, claim or audit is commenced prior to the expiration of the five (5) year period, the records shall be maintained until all litigation, claims or audit findings involving the records have been resolved. C. If applicable, time records and cost data shall be maintained in accordance with generally accepted accounting principles. This includes full disclosure of all transactions associated with the contract. Also, if applicable, all financial information and data necessary to determine overhead rates in accordance with Federal and State regulatory agencies and the contract shall be maintained. D. Consultant's "records and supporting documents" as referred to in this Contract shall include any and all information, materials and data of every kind and character, including without limitation, records, books, .papers, documents, subscriptions, recordings, agreements, purchase orders, invoices, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in the County's judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract document. Such records and documents shall include (hard copy, as well as computer Y16-9038 12 readable data, written policies and procedures; time sheets; payroll registers; cancelled checks; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); original estimates; estimating worksheets; correspondence; change order files (including pricing data used to price change proposals and documentation covering negotiated settlements); back -charge logs and supporting documentation; general ledger entries detailing. cash and trade discounts earned, insurance rebates and dividends; and any other Consultant records which may have a bearing on matters of interest to the County in connection with the Consultant's dealings with the County (all foregoing hereinafter referred to as "records and supporting documents") to the extent necessary to adequately permit evaluation and verification of: 1) Consultant compliance with contract requirements; or 2) Compliance with provisions for pricing change orders; or 3) Compliance with provisions for pricing invoices; or 4) Compliance with provisions regarding pricing of claims submitted by the Consultant -or his payees; or 5) Compliance with the County's business ethics; or 6) Compliance with. applicable state statutes and County Ordinances and regulations. E. Records and documents subject to audit shall also include those 'records and documents necessary to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with this. Contract. In those situations where Consultant's records have been generated from computerized data (whether mainframe, mini -computer, or PC based computer systems), Consultant agrees to 'provide the County's representatives with extracts of data files in computer readable format on data disks or suitable alternative computer exchange formats. F. The County and its authorized agents shall have the right to audit, inspect and copy. records and documentation as often as the County deems necessary throughout the term of this contract and for a period of five (5) years after final payment. Such activity shall be conducted during normal business working hours. The County, or any of its duly authorized representatives, shall have access within forty-eight (48) hours to such books, records, documents, and other evidence for inspection, audit and copying. G. The County, during the period of time defined by the preceding paragraph, shall have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Consultant as concerns the aforesaid records and documentation. H. Records and documentation shall be made accessible at the Consultant's local place of business. If the records are unavailable locally, it shall be the Consultant's responsibility to insure that all required records are provided at the Consultant's expense Including payment of travel and maintenance costs incurred by the .County's authorized representatives or designees in accessing records maintained out of the county. The direct costs of copying records, excluding any overhead cost, shall be at the County's expense. Y16 -903B 13 Consultant shall require all payees (examples of payees include sub Consultants, insurance agents, material suppliers, etc.) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between Consultant and payee. Such requirements include a flow -down right, of audit provisions in contracts with payees, which shall also apply to Sub Consultants and Sub -sub Consultants, material suppliers,.etc. Consultant shall cooperate fully and shall cause all aforementioned parties and all of Consultant's sub Consultants (including those entering into lump sum subcontracts and lump.sum major material purchase orders) to cooperate fully in furnishing or in making available to the County from time to time whenever requested in an expeditious manner any and all such records, documents, information, materials and data. J. The County's authorized representatives or designees shall have reasonable access to the Consultant's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Contract and shall have adequate and appropriate work space, in order to conduct audits in compliance with this article. K. Even after a change order proposal has been approved, Consultant agrees that if the County later determines the cost and pricing data submitted was inaccurate, incomplete, not current or not in compliance with the terms of the Contract regarding pricing of change orders, then an appropriate contract price reduction will be made. Such post -approval contract price adjustment will apply to all levels of Consultants and/or sub Consultants and to all types of change order proposals specifically including lump sum change orders, unit price change orders, and cost-plus change orders. L. If an audit inspection or examination by the County, or its designee, in accordance with this article discloses overpricing or overcharges (of any nature) by the Consultant to the County in excess of one-half of one percent (,5%) of the total .contract billings, the reasonable actual cost of the County's audit shall be reimbursed to the County by the Consultant. Any adjustments and /or payments that must be made as a result of any such audit or inspection of the Consultant's invoices and/or records and supporting documents shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the County's findings to the Consultant. XII OWNERSHIP OF DOCUMENTS It is understood and agreed that all documents, including detailed reports, plans, original drawings, "as built", specifications, original field survey, data notes, and all other data, prepared or obtained by the CONSULTANT in connection with its services hereunder shall be delivered to, and shall become the property of the COUNTY prior to final payment to the CONSULTANT. The CONSULTANT shall not. be liable for any use by the COUNTY of said documents or data if they are modified in any manner without written approval of the CONSULTANT. Y16 -903B 14 XIII SUSPENSION OF WORK BY COUNTY Right of COUNTY to Suspend Work and Order Resumption - The performance of CONSULTANT'S services hereunder may be suspended by the COUNTY at any time. However, in the event the COUNTY suspends the performance of CONSULTANT'S services hereunder, it shall so notify the CONSULTANT inwriting, such suspension becoming effective upon the date of its receipt by CONSULTANT, The COUNTY shall promptly pay to the CONSULTANT all fees that have become due and payable to the CONSULTANT prior to the effective date of such suspension. COUNTY shall thereafter have no further obligation for payment to the CONSULTANT unless and until the COUNTY notifies the CONSULTANT that the services of the CONSULTANT called for hereunder are to be resumed. Upon receipt of written notice from the COUNTY that CONSULTANT'S services hereunder are to be resumed, CONSULTANT shall complete the services of CONSULTANT called for in this Contract and CONSULTANT, shall, in that event, be entitled to payment of the remaining unpaid compensation which becomes payable to him under this Contract, same to be payable in the manner specified herein. In no event will the compensation or any part thereof become due or payable to CONSULTANT under. this Contract unless and until CONSULTANT has attained that stage of work where the same would be due and payable to. CONSULTANT under the provision of this Contract. XIV STANDARDS OF CONDUCT A. The CONSULTANT represents 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 any other consideration, contingent upon or resulting from the award or making of this Contract. B. The CONSULTANT shall comply with all Federal, .State and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Contract. C. The CONSULTANT hereby certifies that no undisclosed conflict of interest exists with respect to the present Contract, including any conflicts that may be due to representation of other clients, other Contractual relationships of the CONSULTANT, or any interest in property that the CONSULTANT may have, The CONSULTANT further certifies that any apparent conflict of interest that arises during the term of this Contract will be immediately disclosed in writing to the COUNTY, Violation of this section will be considered as justification for immediate termination of this Contract under the provisions of Article VIII, D. The CONSULTANT and its subsidiaries or affiliates who designed the project, shall be ineligible for the award of the construction contract for that project. Y16 -903B 15 XV ASSIGNABILITY The CONSULTANT shall not assign any interest in this Contract, and shall not transfer any interest in the same without prior written approval of the COUNTY, provided that claims for the money due or to become due the CONSULTANT from the COUNTY under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the COUNTY. .XVI MINORITYNVOMEN EMPLOYMENT PARTICIPATION A. The CONSULTANT shall be responsible for reporting MinorityM/omen Business Enterprise (M/WBE) sub -consultant Contract dollar amount(s) for the MNVBE SUBCONSULTANT(s) listed in this document, by submitting the appropriate documents, which shall include but not limited to fully executed sub -contract agreements and/or purchase orders evidencing contract award of work, to the Business Development Division. Submittal of these sub -contract agreements/purchase orders is a condition precedent to execution of the prime contract with the County. Quarterly updated MNUBE utilization reports and Employment Data, Schedule of Minorities and Women reports are to be submitted every quarter during the term of the contract. Additionally, the Consultant shall ensure that the MNVBE participation percentage proposed in the Consultant's Proposal submitted for this Contract is accomplished. B. Subsequent amendments to this contract shall be submitted with the appropriate documentation evidencing contractual change or assignment of work to the Business Development Division, with a copy to the COUNTY'S designated representative, within ten (10) days after COUNTY'S execution. C. The CONSULTANT shall be responsible for reporting local minority/women employment percentage levels within the firm and the minority/women employment percentage levels that the firm anticipates utilizing to fulfill the obligations of this Contract. The report(s) shall be submitted to the Business Development Division, on a quarterly basis during the life of the Contract. D. The awarded prime consultant shall furnish written documentation evidencing actual dollars paid to all sub -consultants utilized by the prime consultant on the project. This will include, but not limited to: copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual MWBE participation achieved by the Prime Consultant prior to the issuance of final payment. E. In the event a certified MNVBE sub -consultant's sub -contract is terminated for convenience, the CONSULTANT shall submit a letter to the Business Development Division from the terminated, sub -contractor evidencing their concurrence with the termination. In the event a certified MNVBE sub -consultant's sub -contract is terminated for cause, the CONSULTANT shall justify the replacement of that sub - consultant, in writing to the Business Y16 -903B 16 Development Division, accompanied by the Project Manager's recommendation or consent to termination. F. It is the intent of the COUNTY to insure prompt payment of all sub -consultants working on COUNTY projects. The CONSULTANT shall: Submit copies of executed contracts between the. CONSULTANT and all of its M/WBE sub -consultants to the Business Development Division. The County may at its discretion require copies of subcontracts/purchase orders for the non-M/WBE's listed on Form B and or utilized on the project. However, if this option is not exercised the awarded Proposer shall provide a list of all non-M/VVBE subcontractors certifying that a prompt payment clause has been included in that contract or purchase order. 3. Incorporate a prompt payment assurance provision and payment schedule in all contracts between the CONSULTANT and sub -consultants (including those with non-M/1/NBE's) stating that payment will be made to the sub - consultant within 72 hours of receipt of payment from the COUNTY. The CONSULTANT shall pay each sub -consultant for all work covered under .an invoice within the 72 hour time frame. G. By entering into this contract, the CONSULTANT affirmatively commits to comply with the M/WBE subcontracting requirements submitted with his/her Proposal. The failure of the CONSULTANT to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Procurement Division. XVII INDEPENDENT CONTRACTOR STATUS The CONSULTANT shall be an independent contractor and neither CONSULTANT nor anyone employed by CONSULTANT shall be deemed for any purpose to be the employee, agent, servant or representative of the COUNTY in the performance of the work hereunder. The COUNTY shall have no direction or control of CONSULTANT or CONSULTANT'S employees and agents, except in the results to be obtained. XVIII EQUAL OPPORTUNITY It is hereby declared that equal opportunity and nondiscrimination shall be the County's policy intended to assure equal opportunities to every person regardless of race, religion, sex, sexual orientation and gender expression/identity, color, age, disability or national origin, in securing or holding employment in a'field of work or labor for which the person is qualified, as provided by Section 17-314 of the Orange County Code and the County Administrative Regulations. Y16 -903B 17 Further, the awarded CONSULTANT shall abide by the following provisions: The CONSULTANT shall represent that CONSULTANT has adopted and maintains a policy of nondiscrimination as defined by applicable County ordinance throughout the term of this contract. 2. The CONSULTANT shall allow reasonable access to all business and employment records for the purpose of ascertaining compliance with the nondiscrimination provision of the contract. 3, The provisions of the prime contract shall be incorporated by the CONSULTANT into the contracts of any applicable sub -consultants. XIX INDEMNIFICATION FOR TORT ACTIONS/LIMITATION OF LIABILITY A. The provisions of Florida Statute 788.28 applicable to Orange County, Florida apply in full to this Contract. Any legal actions to recover monetary damages In tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the COUNTY acting within the scope of his/her office or employment.are subject to the limitations specified in this statute. B. No officer, employee or agent of the COUNTY acting within the scope of his/her employment or function. shall be held personally liable in tort or named as a defendant in any action for any injury or damage suffered as a result of any act, event, or failure to act. C. The COUNTY shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. XX ASBESTOS FREE MATERIALS For contracts for design services, CONSULTANT shall provide a written and notarized statement on company letterhead to certify and warrant that the project was designed with asbestos free materials. Such statement shall be submitted with the final payment request. Final payment shall not be made until such statement is submitted. CONSULTANT agrees that if materials containing asbestos are subsequently discovered at any future time to have been included in the design, CONSULTANT shall be liable for all costs related to the redesign or modification of the construction of the project so that materials containing asbestos are removed from the design, plans or specifications or construction contract documents, and, in addition, if construction has begun or has been completed pursuant to a design that includes asbestos containing materials, the CONSULTANT shall also be liable for all costs related to the abatement of such asbestos. Y16-9038 18 XXI CONTROLLING LAWS This Contract shall be governed by the laws of the State of Florida. Any -and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida. XXII AVAILABILITY OF FUNDS The obligations of Orange County under this Contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners; or other specified funding source for this contract. . XXIII WELFARE RECIPIENTS NOT APPLICABLE XXIV REGISTERED SERVICE -DISABLED VETERAN PARTICIPATION A. The CONSULTANT shall be responsible for reporting Registered Service - Disabled Veteran (SDV) sub -consultant Contract dollar amount(s) for the SDV SUBCONSULTANT(s) listed in this document, by submitting the appropriate documents, which shall include but not limited to fully executed sub -contract agreements and/or purchase orders evidencing contract award of work, to the Business Development Division. Submittal of these sub -contract agreements/purchase orders is a condition precedent to execution of the prime contract with the County, Quarterly updated SDV utilization reports Schedule of Minorities and Women reports are to be submitted every quarter during the term of the contract. Additionally, the Consultant shall ensure that the SDV participation percentage proposed in the Consultant's Proposal submitted for this Contract is accomplished. B. Subsequent amendments to this contract shall be submitted with the appropriate documentation evidencing contractual change or assignment of work to the Business Development Division, with a copy to the COUNTY'S desigriated representative, within ten (10) days after COUNTY'S execution. C. The awarded prime consultant shall furnish written- documentation evidencing actual dollars paid to all sub -consultants utilized by the prime consultant on the project. This will include, but not limited to: copies of cancelled checks, approved invoices, and signed affidavits certifying the accuracy of payments so that the County may determine actual SDV participation achieved by the Prime Consultant prior to the issuance of final payment. . D. The awarded prime consultant shall not substitute, replace or terminate any M/WBE firm without prior written authorization from the Business Development Manager. In the event a certified SDV sub Consultant's sub contract is terminated Y16 -903B 19 for cause, the CONSULTANT shall justify the replacement of that sub consultant, with another certified MNVBE firm in writing to the Business Development Division, accompanied by the Project Manager's recommendation. E. It is the intent of the COUNTY to insure prompt payment of all sub -consultants Working on COUNTY projects. The CONSULTANT shall: 1. Submit copies of executed contracts between the CONSULTANT and all of its SDV sub -consultants to the Business Development Division. 2. The County may at its discretion require copies of subcontracts/purchase orders for the non-SDV's listed on Form B and or utilized on the project, However, if this option is not exercised the awarded Proposer shall provide a list of all non-SDV subcontractors certifying that a prompt payment clause has been included in that contract or purchase order. 3. Incorporate a prompt payment assurance provision and payment schedule in all contracts between the CONSULTANT and sub -consultants (including those with non-SDV's) stating that payment will be made to the sub -consultant within 72 hours of receipt of payment from the COUNTY. The CONSULTANT shall pay each sub -consultant for all work covered under an invoice within the 72 hour time frame. F. By entering into this contract, the CONSULTANT affirmatively commits to, comply with the SDV subcontracting requirements submitted with his/her Proposal. The failure of the CONSULTANT to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time, period specified by the Manager, Procurement Division. XXV CONTRACT CLAIMS "Claim" as used in this provision means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of a certain sum of money, the adjustment or interpretation of contract terms, or other relief arising under or relating"to this contract. Claims made by a Consultant against the County relating to a particular contract shall be submitted to the Procurement Division Manager in writing clearly labeled "Contract Claim" requesting a final decision. The Consultant also shall provide with the claim a certification as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Consultant believes the County is liable; and that I am duly authorized to certify the claim on behalf of the Consultant." Failure to document a claim in this manner shall render the claim null and void. Moreover, no claim shall be accepted after final payment of the contract. Y16-9038 20 The decision of the Procurement Division Manager shall be issued in writing and shall be furnished to the Consultant, The decision shall state the reasons for the decision reached. The Procurement Division Manager shall render the final decision within sixty (60) clays after receipt of Consultant's written request for a final decision. The Procurement Division Manager's decision shall be final and conclusive. The Consultant shall proceed diligently with performance of this contract pending final resolution of any request for relief, claim, appeal or action arising under the contract and shall comply with any final decision rendered by the Manager of the Procurement Division. XXVI PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that they have 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 they have 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 any other consideration, contingent upon or resulting from the award of this Contract. For the breach or violation of this provision, the County shall have the right to terminate the Contract at its sole discretion, without liability and to deduct from the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. XXVII TOBACCO FREE CAMPUS All Orange County operations under the Board of County Commissioners shall be tobacco free. This policy shall apply to parking lots, parks, break areas and worksites, It is also applicable to Consultants and their personnel during contract performance on county - owned property. Tobacco is defined as tobacco products including, but not limited to, cigars, cigarettes, pipes, chewing tobacco and snuff. Failure to abide by this policy may result in civil penalties levied under Chapter 386, Florida Statutes and/or contract enforcement remedies. XXVIII VERIFICATION OF EMPLOYMENT STATUS Prior to the employment of any person performing services under this contract, the CONSULTANT shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of: (a) all employees within the State of Florida that are hired by the CONSULTANT after the execution of the contract who are providing labor under the contract during the contract term; and, (b) all employees within the State of Florida of any of the CONSULTANT'S sub -consultants that are hired by those sub -consultants after the execution of the contract who are providing. labor under the contract during the contract term. Please refer to USCIS.gov for more information on this process. Y16 -903B 21 AMEC FOSTER WHEELER ENVIRONMENT $ INFRASTRUCTURE INC. ORLANDO, FLORID Signature Michael D. Phelps, PE Name Typed Office Manager Title BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA i Carrie Woodell, MPA, CFCM, CPPD, C.P.M., CPPB, APP, Manager, Procurement Division yy Date: (for County use only) Y16-9038 22 EXHIBIT "A" SCOPE OF PROFESSIONAL SERVICES V16 -903-B CONTINUING PROFESSIONAL LAKE MANAGEMENT SERVICES "EXHIBIT A" SCOPE OF PROFESSIONAL SERVICES CONTINUING PROFESSIONAL LAKE MANAGEMENT SERVICES I. OBJECTIVE: The Consultant shall acquire water quality data, conduct analyses, develop management plans and recommendations for the management, protection, improvement, and restoration of lakes and other water bodies located in Orange County or as identified.by the Orange County Environmental Protection Division. ll, PROJECT: It is the purpose of this project to create and deliver to Orange County lake management plans and analyses for lakes in need of preservation and/or remediation to be implemented by lake managers in the restoration and protection of these water bodies. Due to increased development and the consequent changes in land use, pollutant loads delivered to water bodies have demonstrably increased. In order for Orange County to develop a strategic plan for continued protection and restoration of these waters, effective lake management plans are needed. A major aspect of the lake management plans shall be the extensive collection of scientifically sound, reliable, and defensible hydrologic, nutrient, or other pollutant data in the water column, sediment column, or other environmental matrices as needed to characterize the fate and transport of pollutant loads within the water body and surrounding watershed. The development of the lake management plan shall include but not be limited to, the characterization of nutrient or other pollutant sources, establishing pollutant loads and allocating the loads among the sources, establishing the fate, transport, and partitioning of pollutant loads within the watershed, forecasting changes in pollutant loading commensurate with proposed changes in land use, characterizing the hydrologic budget within the watershed, establishing the basic limnological behavior of the lake under study, characterizing the efficiency of existing best management practices (BMPs) installed to reduce nutrient or other pollutant loading, assessing the feasibility of proposed BMPs for the control and treatment of pollutant loadings within the watershed. The Consultant will also provide recommendations for the abatement and remediation of nutrient or other pollutants entering these lakes through recommended BMPs or other types of treatment for nutrient pollutants released from or loaded to environmental matrices. . III. SCOPE: To provide detailed analysis of water quality and the associated environmental matrices in lakes, rivers, or other water bodies identified as designated by Orange County EPD and to provide detailed recommendations for BMPs that will improve and / or restore the water quality of lakes, rivers, or other water bodies to their intended use. The scope integrates the application of several disciplines such as best stormwater. management practices, the chemical, biological and physical characterization of nutrient and / or other pollutants In environmental matrices, in situ measurements of discharges at inlets and outlets of water bodies, quantifying the effects of changes in land use within the watershed, the use of Y16-9036 1 geographic information system (GIS) analyses, hydrological modeling using generally accepted models (e.g., Bathtub, HSPF, etc.),lake management techniques, and other disciplines as applicable. The consultant shall perform and/or provide all services and/or work necessary to complete.the following task(s) and/or provide the following item(s), for each task issued under the continuing contract. Hydrologic, hydraulic, and the environmental assessment and characterization of the lake, river, or other water body system will include, but not be limited to: watershed basin and sub -basin delineation, developing internal and external water budgets (identifying all sources of water into and out of the lake), and developing nutrient and / or other pollutant budget. The nutrient and / or other pollutant budget shall include, but not be limited to, identifying all sources and sinks of pollutants affecting the lake or water body, including internal cycling of nutrient and / or other pollutants within the sediment column -surface water interface, identification and allocation of nutrient and / or pollutant loads originating from septic systems, identification of nutrient and / or pollutant loads associated with land use or changes in land use, identification of nutrient and /or pollutant loads from uncontrollable sources, and identification of nutrient and / or pollutant loads originating from background sources. Characterization of the hydraulic flow regime shall include, but not be limited to, calculated water residence times for each lake or water body, identification of periods of peak and minimum hydraulic flows, episodic seasonal turnover, and identification of, stratification if present. 2. Analysis of impacts of nutrients and / or pollutants to the existing flora and fauna, using generally accepted methodologies (Lake Vegetation Index, Stream Condition Index, or other generally accepted bio -integrity methods as established by professional societies), inhabiting the watershed encompassing the lake or waterbody. 3. Field survey of field conditions using multi -probe instruments or other instruments as water quality data is collected. The consultant shall provide photographs and narrative survey of field conditions during sampling events. All field notes shall be recorded into a bound field notebook with indelible ink. 4, Analyses of stormwater improvement projects (BMPs), including but not limited to: possible locations, recommended pollution abatement systems at specific locations, pollutant load reductions In pounds (lbs) per year, pollutant removal costs in dollars per pound removed, recommended use of Best Management Practices and provide engineering cost estimate for. design and construction. Y16.9038 design services under a separate contract. 6. Attend and participate in public information meetings in support of County staff presentations during and after the completion of each project, as necessary or requested by County Staff. 6. Professional stormwater engineering services; to include the review and analysis of various BMP designs (including new and innovative technologies); defend recommendations in legal proceedings, if needed; and Identify pollutant loads and conduct source allocations within the various subbasin watersheds. Provide water quality analysis'and project services supporting the County for the Total Maximum Daily Load (TMDL) program: Including reviewing the list of impaired water bodies issued by the FDEP, .analysis of the listing with respect to its inclusion on the list, analysis of pollutant load. reductions for TMDL credit within a Basin Management Action Plan or other area, review of hydrologic and pollutant loading models developed and used by various agencies in support of TMDLs, development of alternative TMDLs using regulatory software used to establish the original propose or existing, and the use of regulatory software models to provide source allocations of nutrients and / or pollutants of interest. Please note that software models must be approved for use with the appropriate regulatory agency prior to their implementation and use. 8. Limnological analysis to include, but not be limited to, dissolved oxygen profiles and / or other water quality parameters (e.g., pH, conductivity, turbidity, temperature, oxidation-reduction potentials, etc.) In the water column or sediment, nutrient and / or pollutant concentrations in sediments, collection and analysis of various water quality parameters and matrices. 9. Mapping services to include, but not be limited to, creating and analyzing isocontours or isopleths of nutrients and / or pollutant concentrations or other •pertinent water quality data on aerials, isocontours of lake bottoms to illustrate the sources of those nutrients and / or pollutants within the water body. Consultant shall also provide copies of all GIS and supporting files used to generate figures in a useable format or geodatabase. Please note the horizontal and vertical datum used in map projections shall be the same datum currently in use by Orange County, Florida (via, NAVD88). 10.Analytical laboratory services shall be provided for samples collected with various environmental matrices at a frequency as required to accomplish and appropriately characterize locations identified in the project. Laboratory shall be NELAC certified for applicable methods and provide quality assurance / quality control information including, but not limited to: matrix spike concentrations, Y16 -903B method detection limits, practical quantifiable limits, duplicate reproducibility, the results from equipment blank testing, in conformance with NELAC standard operating and reporting procedures and Chapter 62-160, Florida Administrative Code. 11.Consultant shall perform evaluations of BMPs as required by EPD. These evaluations shall include a detailed review of engineering and biological BMPs in order to determine their usefulness and appropriateness to water body nutrient and / or pollutant mitigation management requirements. Evaluations shall include but not be limited to, literature- reviews, .design reviews, establishing nutrient and / or pollutant removal efficiencies, cost of BMP operation and maintenance and size of BMP carbon footprint identifying alternative energy sources. 12. Reports shall include, but not be limited to, an analysis of historic and current data characterizing water quality. Reports will include information from pertinent, peer-reviewed literature with citation(s), digital copies of spreadsheets used during analyses, field data forms, copies of instrument pre- and post -calibration reports, chain -of -custody forms, analytical laboratory reports, copies of field notebooks, all GIS files used for mapping and analysis, input and output files from modeling analyses, as appendices. Reports shall be delivered as a draft and a final within the timeframes specified in the cost proposal and agreed upon scope of work. Consultant shall provide one (1) hard copy of the report and supporting documentation and one (1) digital copy, preferably.. PDF, of the final report or deliverable and supporting documentation prior to payment of final invoice. Y16-9038 FEE SCHEDULE -TP Rates Effective through 12131/10 Yt FIELD / SURVEY CONFINED SPACE AND foster l f�RISCELLANEOUS EQUIPMENT RATES `/\"��ti:etkel Equipment Rates 4 Wheel ATV $125 per day 2" PVC Temporary Monitor Wells. 4-6' deep $193 each Airboat $780 per day Amphibious Vehicle $850 per day Atmospheric testing/monitoring Equip (M404 Gas Monitor) $75 per day $300 per wk Auto Sampler (ISCO3700 & 3710)/1 Week $200 per week Auto Sampler (ISCO3700 & 3710)/2.3 Week Duration $175 per week Auto Sampler (ISCO3700 & 3710)/4-11 Week Duration $150 per week Auto Sampler (ISCO3700 & 3710) > 3 Month Duration $500 per month Backpack Electrofisher (3 Gallon) $350 per day $1,520 per wk Backpack Sprayer $35 per day Carolina Skiff (17') and Trailer $200 per day Company Vehicle Usage $120 per day Confined Space Equipment $200 per day $660 per wk Confined Space Equipment $660 per wk Continuous Recording Staff Gauge $270 per wk Digital Depth Finder $66 per day Dissolved Oxygen Meter $39 per day Double Ring Infittrometer $25 per day $10D per wk Field Test Kit Storm Water $13 per test site Field Test Kit Surface Water $8 per test site Foxboro OVA/PID $125 per day $475 per wk Generator $66 per day $225 per wk GPR Equipment $450 per test site GPS Equipment $110 per day $375 per wk GPS R.T.K. Positioning Deta(per unit) $16.50 per day $115.50 per wk Ground Water Sample Bailers (Decontaminated) $28 each Ground Water Sampling Pump (Disposable Tubing) $66 per day $180 per wk Grunfos Sampling Pump $275 per day $950 per wk Herbicide $12 gal Honda Water Pump (2") $110 per day Hydrographic Survey Vessel & Equipment $650 per day Infrared Camera $110 each Inline 45 micron water filter $33 each Jon Boat 10' $39 per day Jon Boat 16' Motor and Trailer $165 per day Maintenance of Traffic (MOT) $500 per day Metal Detector $28 per day $55 per wk Microscope (Compound) $28 perday $55 per wk Multimeter Hydrolab Surveyor 4 $85 per day $290 per wk Multimeter - YSI556 $85 per day $290 per wk Nuclear Density Gauge $25 per day $100 per wk Open Channel FlowMeter and Datalogger $495 per wk Photo Vac OVA/PID $66 per day $240 per wk Piston Tube Sampler $25 per day $100 per wk Pore Pressure Probe $39 per day $120 per wk Pressure Transducer/Data Logger $50 per day $200 per wk Pressure Transducer/Data Logger (Telemetry) $125 per day $450 per wk Rock Core Box $25 each FES SCHEDULE Rates Effective through 12/31/16 aniec FIELD I SURVEY I CONFINED SPACE AND foster MISCELLANEOUS EQUIPMENT RATES art h e lEr Eguioment Rates Sample Jars (Box of 12) $15 eaci Sample Storage $120 one time charge Sandpipe Field Permeability Equipment $25 per day $100 per wk Soft -Dig Excavation Unit $400 per day Soil Auger $25 per day $100 perwk Staff Gauges $28 each Stream Flow Meter $110 per day $298 per wk Survey Equipment $127 per day Terrestrial Laser Scanning Unit $1000 per day Temp. pH. Conductivity Meter $28 per day $100 per'wk .Tipping Bucket Rain Gauge $50 per month Turbidity Meter. Digital (Portable) Hack 2100P $30 per day $100 per wk Vacuum Pump $66 per day $230 per wk Vane Shear Equipment $28 per day $100 per wk Vibration & Noise Monitoring Equipment_ $130 per day $350 per wk Water Level Indicator (Electric) $28 per day $85 per wk Weed Eater -Gas, Chain Saw $28 per day $100 per wk *Expendables are in addition to the equipment rates (Bottles, fuel, tubing, suction line -etc) at the current market price. **Rates are for equipment only. Additional labor charges may be necessary for equipment setup, calibration, and maintenance. i�p EXHIBIT B � $qfi amec Re: Orange County Continuing Professional foster wheelerLake Management Services NY16-903B As requested, the following is our information regarding.overhead multipliers and personnel hourly rates for projects with Orange County. These rates will be used throughout the duration of the contract: Base Rate 100% Overhead & Fringe Benefits 146.48% Subtotal 246.48% Profit (15%) 0.36972 OVERALL MULTIPLIER 2.83 Individual classifications for personnel hourly rates are as follows: Classification Base Hourly Rate Overall Multiplier Billable Principal $84.96 2.83 $240.43 Sr. Associate $76.05 2.83 $215.22 Associate $66.33 2.83 $187.71 Senior 2 / Project Mgr $57.62 2.83 $163.06 Senior 1 / Project Mgr` $49.76 2.83 $140.82 Professional Engineer 3 $45.64 2.83 $129.16 .Professional Engineer $40.40 2.83 $114.33 Professional Engineer 1 $36.63 2.83 $103,66 professional $27.81 2.83 $78.70 Professional $24.95 2.83 $70.60 Professional $21.20 2.83 $59.99 Sr. Designer $34.81 2.83 $98.51 CADD Tech $28.00 2.83 $79.24 Sr. Technician $33.20 2.83 $93.95 Technician $22.29 2,83 $63.08 Admin $18.86 2.83 $53.37 Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525 (3), Florida Statures. L tie C. Troutt Jr. Sr. Vice President Print Namee nd Title Signature / Date: November 17, 2016 Environmental Consultants Barnes, Ferland and Associates, Inc. September 12, 2016 Mr. Lancc Lumbard AN4EC Environment and Infrastructure 75 E, Amelia Street Orlando, FL 32801 BFA 42016-23 SUBJECT: Orange County, Continuing Professional Lake Management Services RE: Scope of Services Dear Mr. Lombard: This Scope of Services sets forth the terms under which Barnes, Ferland and Associates, Inc. will Provide engineering and surveying services to AMEC Environment and Infrastructure. SCOPE OF SERVICES Provide engineering support services to AMEC for field sampling including: ® Sub -basin Delineation — BFA will be responsible for sub -basin delineation and field verification in both Word and GIS formats along with the supporting field data forms and photographs. ® Characterization of Existing BMP's — BFA will review BMP's and report on their type and condition in a tabular format with accompanying pictures. ® Stormwater Runoff Sampling - BFA will assist with the installation of ISCO Automated Stormwater Samplers, monitor for rain events, assist with the collection process, and coordinate with the laboratory for processing. a Seepage Inflow Sampling — BFA will assist with the installation of seepage meters, monitor the seepage meters, assist with the collection process, and coordinate with the laboratory for processing. ® Core Sampling - BFA will assist with the collection of sediment core samples and coordinate with the laboratory for processing. Provide Surveying Services to AMEC as required including: © Bathymetric Survey o Sediment thickness verification o -Development of a GIS geo-database for approximate canal geometry, properties adjoining the canal, and County easements ® Develop canal cross sections 1230 Hillcrest Street - Orlando, Florida 32803 Office (407) 896-8608 - Fax (407) 896-1822 _ _ Ennriennmental Consultants )Sam , -s,. FL-rla:7d arid f2sscrcrafes, Inc, August 19, 2016 BFA #2016-23 Mr. Lance Lumbard, MS, MBA, CLP Senior Scientist II AMEC Environment & Infrastructure 75 E. Amelia Street Orlando, FL 32801 SUBJECT: Continuing Professional Lake Management Services Contract # Y16 -903 -RM Dear Mr. Lumbard: Please find enclosed our Fee Quotation Proposal showing the labor classification with the breakeven multiplier, which includes direct labor costs, fringe benefit costs, general overhead and administrative costs as well as the profit margin per Orange County's requirements. Our proposed Direct Cost Table has also been provided for reference. We appreciate this opportunity and look forward to working with you. Should you need additional information or documentation, please contact me. Sincerely, BFA Environmental Consultants Patrick A. Barnes, P.G. President Enclosures Fee Quotation Proposal Direct Cost Table 4230 Hillcrest Street a Orlando, Florida 32803 Office (407) 896-8608 < Fax (407) 896-4822 _-Z:W,A'k Einrimnnlental Consultants Barnes, 1=atlhr2cf arod Associate.s, k7c. ORANGE COUNTY CONTRACT y16.903 -RM CONTINUING PROFESSIONAL LAKE MANAGEMENT SERVICES The following is our information regarding overhead multipliers and personnel hourly rates for projects j with Orange County. These rates will be used throughout the duration of the Contract: i Base Rate: 100% Overhead & Fringe Benefits: 177% Subtotal: 277 Profit (10%): 0.28 Orange County Overall Allowable Multiplier 2.99 Individual classification for personnel hourly rates are as follows: Classification Hourly Rate Range Overall Multiplier. Billable Rate Range Principal Hydrogeologist $68.25 $71.66 2.99 $204.07 $214.27 Principal Engineer $50.00 $55.13 2.99 $149.50 $164.82 Senior Project Manager $60.13 $66.29 2.99 $179.79 $198.22 Construction Manager .$30.00 $33.08 2.99 $89.70 $98.89 Project Manager $37.40 $48.60 2.99 $111.83 $145.31 Assist, Project Manager $37.40 $41.23 2.99 $111.83 $123.29 Engineer $60.13 $66.29 2.99 $179,79 $198.22 Engineer IV $44.08 $48.60 2.99 $131.80 $145.31 Engineer III $37.40 $41.23 2.99 $111.83 $123.29 Engineer II $28.78 $31.73 2.99 $86.05 $94.87 Engineer1 $25.00 $29.77 2.99 $74.75 $89.00 Designer $30.00 $33.08 2.99 $89.70 $98.89 CAD IV (Designer) $28.00 $30.87 2.99 $83.72 $92.30 CAD III $24.00 $26.46 2,99 $71.76 $79.12 CAD II $20.00 $22.05 2.99 $59.80 $65.93 CAD $17.00 $18.74 2.99 $50.83 $56.04 GIS Senior Specialist $50.00 $55.13 2.99 $149.50 $164.82 GIS Tech III $30.00 $33.08 2.99 $89.70 $98.89 GIS Tech 11 $25.00 $27.56 2.99 $74.75 $82.41 GIS Tech $19.00 $20.95 2.99 $56.81 $62.63 1230 Hillcrest Street - Orlando, Florida 32803 Office (407) 896-8608 - Fax (407) 896-1822 August 19, 2016 Page 2 Classification Hourly Rate Range Overall Multiplier Billable Rate Range Hydrogeologist V $46.65 $51.43 2.99 $139.48 $153.78 Hydrogeologist IV $38.50 $42.45 2.99 $115.12 $126.91 Hydrogeologist hl $33.00 $36.38 2.99 $98.67 $108.78 Hydrogeologist 11 $27.00 $29.77 2.99 $80.73 $89.00 Hydrogeologist1 $21.00 $23.15 2.99 $62.79 $69.23 Environmental Scientist IV $33.00 $36.38 2.99 $98.67 $108.78 Environmental Scientist 111 $27.00 $29.77 2.99 $80.73 $89,00 Environmental Scientist II $22.00 $24.26 2.99 $65.78 $72.52 Environmental Scientist I. $17.00 $18.74 2.99 $50.83 $56.04 Field Technician IV $27.00 $29.77 2.99 $80.73 $89.00 Field Technician III $22.00 $24,26 2.99 $65.78 $72.52 Field Technician 11 $19.00 $20.95 2.99 $56.81 $62.63 Field Technician 1 $12.00 $16.54 2.99 $35.88 $49.45 Sr. Surveyor and Mapper $44.10 $48.62 2.99 $131.86 $145.37 Surveyor and Mapper $32.50 $35.83 2.99 $97.18 $107.14 Survey Technician $26.25 $24.26 2.99 $78.49 $72.52 Survey CAD $22.50 .$27.56 2.99 $67.28 $82.41 2 Person Survey Crew $40.00 $41.00 2.99 $119.60 $125.27 3 Person Survey Crew $55.00 $60.64 2.99 $164.45 $181.31 Utility Coordinator $26.25 $18,74 2.99 $78.49 $56.04 S.U.E. 2 Person Crew $46.75 $51.54 2.99 $139.78 $154.11 S.U.E. 3 Person Crew $58.60 $64.61 2.99 $175.21 $193.17 Administrative Support III , $25.80 $33.28 2.99 $77.14 $99.52 Administrative Support If $19.00 $23.15 2.99 $56.81 $69.23 Administrative Support 1 $13.50 1 $18.74 2.99 $40.37 $56.04 Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. Sincerely, Patrick A. Barnes, P.G. President / CEO Barnes, Ferland and Associates, Inc. Barnes, Feriand and Associates (BFA) other Direct costs Tame V16 -903 -RM 2015 ,At Cost" Items will be billed without markup. 2 Travel Costs in accordance with Orange County Travel Policy. 3 Mileage for out of County will be billed at current IRS mileage rate Description Units -- uu Mc st' Peproduction B&W Copy (8.5" x 11 ") (Per Side) Each $ 0.05 B&W Copy (11 " x 17") Each $ 0,15 Blackline Copy (24"x 36" or 22"x 34") Each $ 0.45 Color Copy (8.5" x 11 ") (Per Side) Each $ 0.60 Color Copy (11 " x 17") Each $ 1.25 Color Copy (24"x 36" or 22"x 3411) Each $ 12.00 Lamination (8.5" x 11 ") Each $ 1.75 Materials Binders Each $ 5.00 Bond Plots (24"x 36" or 22"x 34" Each $ 0.60 Communications Facsimile (Long Distance) Each At Cost Phone Calls (Long Distance) Minute At Cost Mail Courier Each $ 22.50 Express Delivery Each At Cost US Mai] Each At Cost 'Pravel 2 Hotel Day At Cost Mileage' Mile At Cost Per Diem Day At Cost Rental Car Day At Cost Tolls Each At Cost Miscellaneous Water Quality Analysis At cost Field Supplies At cost Water Level Equipment Day At cost Water Quality Equipment Day At cost Spccialty.Software Each At Cost (Electronic Media Compact Disc Each 1.00 DVD Each 1.50 ,At Cost" Items will be billed without markup. 2 Travel Costs in accordance with Orange County Travel Policy. 3 Mileage for out of County will be billed at current IRS mileage rate [A01) Environmental August 22, 20 , (i Mr. Lance M. Lumbard Amec Foster Wheeler Environment & InhasbUcture, Inc. 75 E. Amelia Street, Suite 2011, Orlando. FL 32801 - Project: Continuing Professional Lake Management Services Contract, Y16.903B. Dear Mi. Lumbard: DB Environmental will bill its laboratory services at the following unit prices: Pahameter� Analysis Method T Unit GoI %Moisture ASH 21-2 $9.00 Bulk Density_ ASP, 13_ $12.25 Grinding (processing) We $15.00 Total Phosphorus _ _ EPA 365.2 (Digest COE 3-227) $19.26 Salold Bound P ' DBE SOP OPO4 $32.50 Aluminum Phosphate DBE SOP OPO4 $43.00 Iron Phosphate " DBE SOP OPO4 $47.50 Reductant Soluble Phosphate IDBE SOP O004 $130.00 Calcium Phosphate DBE SOP OPO4_ $47.50 Volatile Solids EPA/COE 3-59 $8.00 Total Nitrogen DBE P M SOVP . $27.5 0 $391.50 " Modified Chang & Jackson This price quote is valid for life of the contract. If you have any questions or concerns, please contact me at (321) 639-4896, Sincerely, Wan / �y ...i�r Nancy C(5an c —` Laboratory Manager 013 Environmental- 365 Gus Hipp Boulevard, Rocldedge, FL 32955 Phone: 321.639.4696 -Fan; 321,fi3%. 169 - e -mall: info@dbenv.com The following brief and synopsis of services. is submitted to support AMEC Foster Wheeler's execution of Orange County Contract Y16-9039, Continuing Proessional Lake Management Services. We understand the GEAR is expected to accomplish 3% of the contract work. GEAR Is able to support AMEC Foster Wheeler with any of the following services, and general lake data measurements, mapping and sampling services. DUNS Number: 807820399 CAGE Code Number: 5ZD34 Primary NAILS; 62910 Business Size: Service -Disabled VeteranAwriod Small Business (SDVSOB) Gator Engineering and Aquifer Restoration (GEAR) has been located in Central Florida and providing professional services with licensed engineers, geologists, antl natural scientist since 1993. GEAR specializes in a broad scope olenvironmentai engineering, assessment, and remediation services extending from the Mid - Atlantic Slates to the Southeast US including Puerto Rico: GEAR's professional staff is licensed as Professional Geologists in Florida and Wisconsin, and as Professional Engineers in Florida, Georgia, South Carolina,. North Carolina, and Alabama. Our customers include Federal, State, and local agencies and we are verified by the Center for Veterans Enterprise (CVE) as an SUVOSS. August 2016 1173 Spring Centre S. Bled.; Suite C A]bunonw Springs, Morldn 72714 wmw.gearencineeeemn (407)653-2009 Gator flestaration. tn-. "? Sprizil G�Irll.e S.M. a":?- S.11, C ,11'F116]1W I: L 8Z714 -1 V76 ML: 407 H2 �00 - N: 4074sZ-34K- (.V7 FEE QUOTATf.ON PROPOSAL Reference. ORANGE COUNTY PROFESSIONAL SERVICE CONTRACT #y'16-9036 Continuing Professional Lake Management Senft.es As requested, the following is Gator Engineering & Aquifer Restoration, Inc.'s (GEAR) information regarding overhead multipliers and personnel hourly rates for projects with Orange County. These rates will be used throughout the duration of the Contract: Base Rate: 100% Overhead & Fringe Rates 158% Subtotal 258%. Profit (10%) 0.26 OVERALL MULTIPLIER 2.84 Individual classification for personnel hourly rates are as follows: Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. Approved By: Title: ?re1Wft* Date: ,Z- 30 - 26((o Classification Basic Overall Billable - Hourly Rate Multipiier Rate, ........... _ ...... .-...?:84..............................$131,89. .................2:84....-..._.-... ------- - Segk_Engi e P ....-------$3Z,85•--....._..- ln..!�.(.( ... EA................ 2.84 ................................. $!-Q7:4P. Senior Geol..... pgt!�t.(EQ). .......... ......... ....... .... .............$.;.9.7 Senior &I 2.84 Junior Engineer .... M,44 -- .... -•284_...................._.......$.6361• . Junior , -ge�Qtqgist.0 ---------- .......... ------------ ........ Junior ...... .............. -2,84 .................. CARD- Drafisman............. .................... ................. $LRA4 ,Aq!MnKr9K'Q.'! .......... —.— ....... ...... .......... 24 .8 — ..- ............... ............. $-A§AG Under penalty of perjury, I declare that I have read the foregoing and the facts stated in it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. Approved By: Title: ?re1Wft* Date: ,Z- 30 - 26((o EXHIBIT B (CONTINUED) Gator Engineering & Aquifer Restoration, Inc (GEAR) SCHEDULE OF DIRECT EXPENSES Supporting AhfiFC Contract: ORANGE COUNTY Corrtrac.ty%-gB3B Prore$stona[ Lake Management Services The following is GEAR's information regarding proposed direct expenses for Orange County Contract Y16-9038 - Caaago r unit Cosa (1) Reproduction B&W Copies 8.6"Y.11" each (perside) $0.05 B&W Copies 85'X14" each(per side) $0.50 B&W Copies 11"X1T' each er side $0.20 Blackline Co (22"X34" or 24"X36" each $0.50 Color Copies 8.5"X11") _ each(Der side) $1.00 Color Copies (8.5"X14") each orside $1.50 Color Copies (11"X17") de) $2.00 Color Copies (22"X34" or 24"X36") each er side $40.00 Other Reprographic Services .each at cost Bond Plots 22"X34" of 24"X36" each $2.00 Vellum Plots (2Z%34"or 24"X36") $5.00 Myler Plots 22"X34" or 24"X36" each $10.00 3=RIn Blndefs each accost El ectronic:ll9edia _ Compact Disc write only each $1-00 DVD wftte onl each $1.50 . eoDihlBtiications.- . Facsimlte (Long Distance) each $0.25 Phone Calls Long Distance) minute at cost Mobile Phone minute atcost us Mail each at cost FedEx each at cost UPS each attest Courier each at cost puLJnf-CoomfyTravel-Ipl - Per Diem da $so.00 Mileage mile $0,45 _ Tolls each at cost Hotel day accost Rental Car day at cost iticellaheaus - Legal No0ces .each accost Permit Application Fees eaoh at cost Field Su lies - each at cost Water Level Analysis Equipment da at cost Water Quality Analysis Equipment da at cost Specialty Computer Software each at cosi Wee: (1) Where "at cost" Is Indicated, expenses will be passed on without markup. (2) Travel and perdlem costs will bean accordance with County's Travel Policy guidelines, and shallnot exceed the limits set forth In current s. 112.061,. Florida $ta(utes. The values shown above are current as of the exewlarion day of [his contract. (3) Mileage costs will be at County maximum limit at time of billing. Local (in -County) mileage will only be considered If Included In cost proposal and justified. GATOR EhGINTETAMNIG & AQUIFER RESTORATION, INC (tGCAR) EQuupratent Rate Schedule Aug 2016 The listed "TOTAL" amount is the maximum allowable daily compensation. Other numbers are far reference only. The maximum weekly compensation is four (4) times the daily amount. The maximum monthly compensation is three (3) times the weekly amount. Items # Item[ Name Rate Unit mate Quantity Total 1 55 gat drum (only) $68.75 each 2 OVA -PID $106.25 da 3 OVA -FID $162.50 da 4 Water level indicator $43.75 day - 5 Oil/Water Probe $93.75 da 6 Cond. H/Pem . Meter $50.00 da 7 YSI Groundwater Meter $125.00 da 8 Peristaltic Pum $50.00 -da " 9 Diaphragm Pum $25.00 da 10 Grundfos submersible pump $193.75 da 11 Air sampling vacuum pump $81.25 da. 12 Dissolved Oxygen Meter $50.00 da 13 Hand Auger $56.25 day 14 Dis dsabie 1 micron filter $27.50 - unit 15 Drum sampler $6.25 16 Silicon tubing$4.56 17 Poi robin P.M 18 Sediment Sampler $37.50 19 ToCbidit meter $50A0 :Fdo. 20 HighFlowPum s $6,25 21 SurveyEncounter Moisture Meter $3135 22 Heat Gun $6.25 23 IAQ Meter $93.75 do 24 Asbestos/Pb Say le Kit da 35 12 V Submersible Pum do 36 4" Concrete Core Bir/Drjll da37 GPS 1$37.50 da38 Surve in B ui ment da39 Level C Safes 'B . . da40 Dis osableBailers—Pol (aft) unit 41 Disposable. Bailers —Teflon (aft) $21.25 unit 42 PVC Well Screen 10 ftsection $25.00 unit 43 Expendables — (See Below) $30.00 da. 44 FhotograpbicD.ocumentation $15.00 da 45 X -Ray Fluorescence Device (XRF) $150.00 day Expendables (Item 23 Above) The items listed below are all included under the heading of "expendables" above. Although many of these items are not expendable in the sense that you use them once and then throw them away, these items are indicative of the numerous small.and inexpensive items that are included in the kits as expendables. This list is provided as guidance. Questions regarding specific items that are not listed should be directed to the Project Manager, GEAR Equipmant Rate Shebt 8-29-16.doc Page 1 of 2 GATOR R'I GENERMI.NC Fe A.QUTFER REST€ RAMON, MC (GEAR) Eque(aavlearf late schedule Aug 2016 The list of frequently used expendables includes the following: Absorbent pads Galvanized wash tubs Rake Alconox Garbage cans and bags Sample labels Aluminum foil High pressure air line Sample preservatives Asphalt/concrete patching material Ice and vermiculite packing Shovel Bailer twine LEL filters Soil sample jars Calibration gases P standards Liquid hand soap Spray paint Camera and film Liquinox soap Sprayer bottles Cleaning brushes Nitrogen gas Stainless steel buckets/bowls DI water Nitryl gloves Survey tape Drop cloths Paper towels Tedlar bags Dry ice Particulate filter Thermometer Duct tape pH paper Tool kit Electrical engineers tool kit Pick axe Traffic cones Extension cords Plastic buckets Transfer pipette Fire extinguishers Plastic sheeting Tubing - plastic/Tygon/garden hose First aid kits Post hole digger Well caps/locks/ties (replacement) Flashlight Pry bar Fuel for light duty tools/equipment PVC fittings GEAR Equipment Rate Sheet 8-29-16.doo Page 2 of 2 . . . . . . . . . . . . . IT HYDRO MODELING„ IN . 6r,. f(�^45'r�naj I;rgwStne�t'ne��ttvy, r'h.fa,: fa'm. I CONTRACT sN16-r<6i3 C€iN'l'fNIrING PROFESSIONAL LAI% MIANAGEMENT SERVICES SCOPE. OC WORK FOR HYDRO MODELING INC. 1. DATA COLLECTION HMI viii assist AMEC FOSTER WHEELER W collect data from the offices of Orange Counter, Water lAanagement Districts and other agencies, required for the hydraulic., hydrologic, and environmental analyses of the lake system, and 2. REVIEW OF ENGINEERING ANALYSIS HMI will review engineering analyses, including the hydrologic, hydraulic, water quality and stormwiter analyses, performed by AMEC FOSTER WHEELER and suggest modifications, if needed. Additionally, HMI wilt perform the necessary engineering analyses if and .when authorization is given by AMEC FOSTER WHEELER. It will also assist AI14EC FOSTER WHEELER (a) in the selection of best management practices to Improve the water quality of the lake systems, and (b) in defending the selections in legal proceedings, if needed. 3. MEETINGS When requested, HMI will attend meetings conducted by AMEC FOSTER WHEELER with the officials and staff of Orange County, Water Management Districts, Florida Department of Environmental Protection, and the public. 4. OTHER ENGINEERING TASKS When requested, HMI will perform other engineering tasks that are mutually agreed upon by AMEC FOSTER WHEELER and Orange County. PERSONNEL MMI will utilize the services of Dr. M. Krishnamurthy, Ph.D., P.E., CFM 7742 Glynde Fiill Drive • Orlando, Florida 32835-8159 ° Phone: (407) 292-3664 HYDRO MODEUNG, INC, '0. WR AnO KH10P rjthf5l,01!y, I hJ'.. PX, rr yry ��yy�� Yrc.'tc11�: .,l'�i,f<. �?�1_ t�k"1, /�-'T(-N PROPOSAL Re. GRANGF. COUN-YY CONTRACT 4 Y16 -003B _ CWIdlING PROFIFS51NAL LAKE MARAGEDEN7 SER-V-fCFS As ruluested, the fallowing is our information regarding overhead multipliers and per hourly rates f'csr pre,jects t itlt Qi nge. ('cunty. These raises will be used throughout the duration of dte cnnu-act: Base Rate 10001/0 Overhead fi Fringe Benefits 120% Subtotal 220% Profit (101/0) 0.22 OVERALL MULTIPLIER 2.42 U Individual classification for personnel hourly rates are as follows: Classification Dr, M, Krisltnatnurlhy President Basic Hourly Rate $62.00 overall Multiplier - 2.42 Billable Rate $150.04 Under penalty of perjury, I declare that l .have read the foregoing and the facts stated ill it are true. False statements may result in criminal prosecution for a felony of the third degree as provided for in Section 92.525(3), Florida Statutes. bvl. Krishnamurthy President_ (Printed name and title) (Signatul'e) hu sFrr t 22.2016 (Date) 7742 Glynde Hill Drive s Orlando, Florida 82.8$5-81$9 6 Phone: (407) 292-3664 LABORATORIES, INC. (SPILL INC) C) 2251 LYNX LANE, SUITE 1 ORLANDO, FLORA 32804 (407) 5227100 Fax: (407) 522-7043 EFFECTIVE July 2016-2017 GENERAL INFORMATION PRICING: Southern Research Laboratories, Inc. is committed to providing quality analytical data in a consistent, cost- effective manner and thus has no minimum billing charge. Standard Turnaround Time on routine laboratory analysis, quality assurance review, and final report preparation is 7-14 CALENDAR DAYS. C RUSH charges if applicable 1.2 day at 100% 2-3 day at 75% 3-4 day at 50% ® No additional charge for sample preparation. The prices for analysis include preparation. Only TCLP ext actions have a separate charge. Clients who have their own field sampling capabilities may elect to have custom packed sampling kits prepared for each project by using the "SRL SAMPLE KIT REQUEST FORM". Simply ask for details on this convenient "no charge" service. ® COOLERS provided must be returned upon receipt of collected samples in addition to any unused sampling containers that are not needed for the project or applicable charges will apply on the analytical invoice. m Southern Research Laboratories, Inc, pays the cost of cooler shipment "TO" your location unless overnight delivery is required. Analyzed samples are normally held for a period of 4 weeks unless a request to ARCH3I@7E the samples is made on the Chain of Custody. �^ BUSINESS HOURS: Southern Research Laboratories, Inc. Customer Service is open Monday -Friday 9:00 a.m. — 8:00 p.m. Saturday services are available upon request METALS BY INDUCTIVELY COUPLED PLASMA -ATOMIC EMISSION SPECTROMETRY WATER CATEGORY INCLUDES: DRINKING WATER, WELLWATER, SEAWATER SURFACEWATER AND EFFLUENTS. ""OTHER°CATEGORY INCLUDES: SOILS, SEDIMENTS, SLUDGES, ALL HAZARDOUS WASTES AND OILS. PRICES ]NCLUDE APPROPRIATE 9.1.3, 3005, 3010, 3020 OR 3050 DIGEST]ONS. c+� BEST APPLICABLE METHOD WILL BE APPLIED FOR DETECTION LIMIT, REGULATIONS AND MATRIX CONSIDERATION. +Mercury analyzed by (Cold Vapor Technique) METAL EPA7STAN DAMETHODS vRST1491ETIIII0ED***. COST OIFANALVSIIS taMiAis WATER OTHER** WATER OTHER*" Aluminum (AI 6010/6020 6010/6020 15.00 20.00 Antimony Sb 6010/6020 6010/6020 15.00 20.00 Arsenic As)- 6010/6020 6010/6020 15.00 20.00 Barium Ba 6010/6020 6010/6020 15.00 20.00 Beryllium (Be) 6010/6020 6010/6020 15.00 20.00 Cadmium (Cd) 6010/6020 6010/6020 15.00 20.00 Calcium (Ca) 6010/6020 6010/6020 15.00 20.00 Chromium (Cr) 6010/6020 1 6010/6020 15.00 20.00 Cobalt (Co) 6010/6020 6010/6020 1 15.00 '20.00 Copper (Cu) 6010/6020 6010/6020 15.00 20.00 Iron (Fe) 6010/6020 6010/6020 15.00 20.00 Lead Pb 6010/6020 6010/6020 15.00 20.00 Magnesium Mg 6010/6020 6010/6020 15.00 20.00 Man anese (Mn) 6010/6020 6010/6020 15.00 20.00 Mercer H + 245.1 7470/7471 25.00 30.00 Mol bdenum (Mo) 6010/6020 6010/6020 15.00 20.00 Nickel (Ni) 6010/6020 6010/6020 15.00 20.00 Potassium K) 6010/6020 1 6010/6020 15.00 20.00 Selenium Se 6010/6020 6010/6020 15.00 20.00 Silver F 6010/6020 6010/6020 15.00 20.00 Sodium(Na)6010/6020 6010/6020 15.00 20.00 Thallium (TI) 6010/6020 6010/6020 15.00 20.00 Vanadium V 6010/6020 6010/6020 15.00 20.00 Zinc (Zn) 6010/6020 6010/6020 - 15.00 20.00 8RCRA Metals Varies Varies 125.00 165.00 Low Level Hg 1631 NA 125.00 NA WATER CATEGORY INCLUDES: DRINKING WATER, WELLWATER, SEAWATER SURFACEWATER AND EFFLUENTS. ""OTHER°CATEGORY INCLUDES: SOILS, SEDIMENTS, SLUDGES, ALL HAZARDOUS WASTES AND OILS. PRICES ]NCLUDE APPROPRIATE 9.1.3, 3005, 3010, 3020 OR 3050 DIGEST]ONS. c+� BEST APPLICABLE METHOD WILL BE APPLIED FOR DETECTION LIMIT, REGULATIONS AND MATRIX CONSIDERATION. +Mercury analyzed by (Cold Vapor Technique) ORGANIC ANALYSIS (GC-GC/MS) NON -POTABLE WATER CATEGORY INCLUDES: GROUNDWATERS, SURFACEWATERS, SEAWATERS, AND EFFLUENTS Low Level (LL) VOCS la soil Includes all necessary TERRA CORE LOW LEVEL sampling kits. ""OTHER' CATEGORY 1NCLUDD-S: SOILS, SLUDGES, SEDIMENTS, ALL HAZARDOUS WASTES AND OILS. TEST METHOD .COST OF ANALYSHS M ETHHOIDOLOGY THTLL NON- OTHER".' NON• -: OTHER" POTABix PO'1<AIELIE VPATEH2' WATJt1e . Purgeable Organics+MTBE By GCMS 8260 9260LL - 100.00 110.00 (VOANOH) (VOANOH) Purgeable Halocarbons By GCMS 8260 (VOH) 826OLL 75.60 85.00 (VOH) Purgeable Aromatics+MTBE By GCMS 8260 (VOA) 8260LL - 50.00 60.00 (VOA) Pur eable Organics Full List By GCMS 8260 8260LL - 125.00 135.00 EDB, DBCP By 8011 8260 - 50.00 60.00 GC/GCMS Organochlorine Pesticides By GC 608/8081 8081 - 125.00 125.60 PCBs (ONLY) H GC 608 8082 - 95.00 95.00 Or aro hos horus Pesticides By GC 8141 8141 - 175.00 175.00 -Chloropbenoxy Herbicides By GC 8151 8151 195,00 195.00 Nonhalo enated Solvents B GC 8015 8015 150.00 160.00 Florida -Petroleum Residual By GC FL -PRO FL -PRO 85.00 90.00 Organics Phenols By GCMS 8270AE 8270AE 150,00 150.00 Phthalate Esters B GCMS 8270BN 8270BN 150.00 150.00 Polynuclear Aromatic Hydrocarbons by GCMS By GCMS 8270SIM (PAIL) 8270SIM (PAHs 125.00 135.00 Semi -Volatile Extractable By GCMS BNAE BNAE Compounds 625/8270 8270 295,00 295.00 "Tentatively Identified" Compounds" (Volatile) 20 By GCMS 8260 Library Search 8260 Library Search 100.00 additional 100.00 additional Unknowns "Tentatively Identified By GCMS 8270 Library 8270 Library 100.00 100.00 Compounds" (Semi -Volatile) 20 Unknowns Search Search additional additional T OR SPLP Extraction 1311/1312 1311/1312 100.00 100.00 SPLP En Core - 1312 - - 20.00 collection NON -POTABLE WATER CATEGORY INCLUDES: GROUNDWATERS, SURFACEWATERS, SEAWATERS, AND EFFLUENTS Low Level (LL) VOCS la soil Includes all necessary TERRA CORE LOW LEVEL sampling kits. ""OTHER' CATEGORY 1NCLUDD-S: SOILS, SLUDGES, SEDIMENTS, ALL HAZARDOUS WASTES AND OILS. D4ORCA1iC CONSTITUENTS NORGANIC ®19STITUEAIT rAlkalinity TEST METHOD COST OF ANALYSIS. WATER OTHER "* WATER $ OTHER** $ CaCO3) 310.1 - 20.00 - Biochemical Oxygen Demand (BOD 5) 405.1 - 40.001* - Carbon, Total Organic 415.2 walkley-Black 45.00 60.00 Chemical Oxygen Demand 410.4 45.00 45.00 Chloride 300 9056 20.00 30.00 Color 110.3 Description 15.00•* 20.00 Conductivity 120.1 - 15.00 - anide, Total 335.3 9012 50.00 60.00 Chromium, Hexavalent+6 SM 3500 -Cr D - 45.00** - Fluoride 300 9056 25.00 Halogens, Total 325.3 (MOD) 5050/9056 50.00 60.00 Halogens, Organic (TOX) 325.3 MOD 5050/9056 50.00 60.00 Hardness, Total 130.2 40.00 - Hardness, Calcium 130.2 - 25.00 _ H drocarbons,SOT-HEM 1664 125.00 H dro en Sulfide 376.1 9030 40.00 45.00 MBAS 425.1 40.00 **Due to the short holding times on ROIDs (48b Holding) Friday samples will be billed at $60 each. **Due to the short holding times on Color (48h Molding) Friday samples will be billed at $25 each.