Item L04County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: L.4
Agenda Item Summary #2707
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
N/A
AGENDA ITEM WORDING: Approval to enter into a $0 on -call contract with WSP / Parsons
Brinckerhoff, Inc. for Category C environmental and environmental engineering services.
ITEM BACKGROUND: The County may have a need over the next 4 -5 years for the professional
on -call services of consultants to perform environmental or environmental engineering and related
services, not only for the County's canal restoration program but for other programs and departments
as well. The County advertised an RFQ for on -call services on August 18, 2016 and received six (6)
responses for Category C Environmental /Environmental Engineering Services on September 28,
2016. Staff met on January 10, 2017, in a publicly noticed meeting to rank the responses. The six
firms were evaluated, scored and placed in rank order. Staff recommended moving forward with 3 of
the 6 firms that responded: AMEC, Jones Edmunds and Associates, Inc. and WSP Parsons
Brinckerhoff, Inc.
Potential services included in the RFQ included not only canal related services, but also a variety of
environmental, emergency, sea level rise and other miscellaneous needs, as follows:
• performing studies;
• engineering studies;
• engineering design services;
• surveying;
• drafting;
• geotechnical investigations for land and water based projects;
• environmental assessments;
• sediment and water quality studies;
• sampling analysis and monitoring;
• permit preparation;
• preparing construction plans, specifications and solicitation / contract documents;
• assisting with review of contractor proposals or bids;
• comprehensive project management services;
• construction engineering and inspection services;
• water quality sampling and monitoring;
• benthic surveys and associated database;
• assess damage after a disaster such as a hurricane, ship grounding, or oil spill;
• assess changes as a result of climate change;
• assess improvements as a result of improved stormwater and wastewater treatment projects,
or other water quality improvement projects;
• identifying data gaps or future needs;
• Geographic Information System mapping and geodatabase development;
• groundwater monitoring;
• vegetative surveys such as those used to obtain baseline data for identifying areas vulnerable
to sea level rise, or for identifying areas that should be preserved to offset vulnerable
ecological communities;
• GIS inventories and database of County properties that may be used but not limited to
ecological restoration or adaptability projects, including identification of hurricane debris
staging and areas consisting of transitional and upland habitat that may transition to coastal
habitats as sea level rises;
• land use code review for consistency with adaptive management goals;
• Phase I and 11 Environmental Site Assessments;
• remedial action plans; water quality studies;
• permitting for environmental projects;
• tree inventories and tree canopy studies and reports and listed species surveys
PREVIOUS RELEVANT BOCC ACTION:
08/17/16: Approval to advertise on call professional engineering services for the canal restoration
program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal
Infrastructure Engineering Services for Projects and Category C — Environmental Engineering
Services.
02/15/17: Approval to negotiate $0 on -call contracts with Amec Foster Wheeler Environment
Infrastructure, Inc., Jones Edmunds & Associates, Inc., and WSP / Parsons Brinckerhoff, Inc., the
three highest ranked respondents, for Category A environmental / environmental engineering
services.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Parsons Category C signed contract (2)
FINANCIAL IMPACT:
Effective Date: March 15, 2017 Expiration Date: March 14, 2021
Total Dollar Value of Contract: To be determined through Task Orders
Total Cost to County: TBD Current Year Portion: To be determined by Task Order
Budgeted: No Source of Funds: To be determined by Task Order
CPI: Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No County Match:
Insurance Required: Yes Additional Details:
N/A
REVIEWED BY:
Rhonda Haag
Completed
03/27/2017 6:22 PM
Pedro Mercado
Completed
03/28/2017 11:54 AM
Budget and Finance
Completed
03/28/2017 1:50 PM
Maria Slavik
Completed
03/28/2017 1:51 PM
Kathy Peters
Completed
03/28/2017 2:05 PM
Board of County Commissioners
Pending
04/12/2017 9:00 AM
AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
FOR CATEGORY C
ENVIRONMENTAL ENGINEERING SERVICES
This Agreement ( "Agreement ") made and entered into this 15th day of March, 2017 by and between
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY,"
through the Monroe County Board of County Commissioners ( "BOCC "), and PARSONS
BRINCKERHOFF, INC. a New York corporation , its successors and assigns, , whose address is 7650
Corporate Center Drive, Suite 300, Miami, Florida 33126, hereinafter referred to as "CONSULTANT ".
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for
various potential County Canal Restoration Projects located in Monroe County, Florida; and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous environmental
projects in which construction costs do not exceed $2,000,000; and
WHEREAS, the potential professional services to be implemented under this Contract will be for services
in the form of a continuing contract, commencing the effective date of this agreement and ending four
years thereafter, with options for the County to renew for one additional 1 year period' and
WHEREAS, specific services will be performed pursuant to individual task orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time
schedule, charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders; and
WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes the
COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task
Order; and
WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except to the
extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of
this Agreement to be modified will be specifically referenced in the Task Order and the modification
shall be precisely described; and
WHEREAS, the CONSULTANT shall provide Category C comprehensive environmental engineering
services including but not limited to performing studies, engineering studies, engineering design
services, surveying, drafting, geotechnical investigations for land and water based projects,
environmental assessments, sediment and water quality studies, sampling analysis and monitoring,
permit preparation, preparing construction plans, specifications and solicitation / contract documents,
assisting with review of contractor proposals or bids, comprehensive project management services,
construction engineering and inspection services, water quality sampling and monitoring; benthic
surveys and associated database; assess damage after a disaster such as a hurricane, ship grounding, or
oil spill; assess changes as a result of climate change; assess improvements as a result of improved
stormwater and wastewater treatment projects, or other water quality improvement projects; identifying
data gaps or future needs; Geographic Information System mapping and geodatabase development;
groundwater monitoring; vegetative surveys such as those used to obtain baseline data for identifying
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areas vulnerable to sea level rise, or for identifying areas that should be preserved to offset vulnerable
ecological communities; GIS inventories and database of County properties that may be used but not
limited to ecological restoration or adaptability projects, including identification of hurricane debris
staging and areas consisting of transitional and upland habitat that may transition to coastal habitats as
sea level rises; land use code review for consistency with adaptive management goals; Phase I and 11
Environmental Site Assessments; remedial action plans; water quality studies; permitting for
environmental projects; tree inventories and tree canopy studies and reports and listed species surveys;
and
WHEREAS, there is no minimum amount of work guaranteed by the COUNTY.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein,
and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,
COUNTY and CONSULTANT agree as follows:
ARTICLE 1
1.1 TERM OF AGREEMENT
1.1 Except as noted below, this Agreement shall begin on the 15th day of March, 2017 and extend
for a period of four (4) years to March 14, 2021. A one year extension may be authorized at
the option of the COUNTY.
1.2 REPRESENTATIONS
By executing this Agreement, CONSULTANT makes the following express representations to
the COUNTY:
1.2.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.2.2 The CONSULTANT has become familiar with the potential Project sites and the local
conditions under which the Work is to be completed.
1.2.3 The CONSULTANT shall prepare all documents required by this Agreement including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. In providing
services under this Contract, the CONSULTANT shall perform its services in a
manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances
at the same time and in the same or similar locality. Upon notice to the
CONSULTANT and by mutual agreement between the parties, the CONSULTANT
will, without additional compensation, correct those services not meeting such a
standard;
1.2.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
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1.2.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
1.2.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the CONSULTANT
or any of his /her employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
1.2.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task Orders
in accordance with the requirements outlined in the Agreement and the specific Task Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its sub - consultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested,
to the following:
Ms. Rhonda Haag
Director of Sustainability and Projects
Monroe County
102050 Overseas Highway, Room 246
Key Largo, FL 33037
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
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1100 Simonton Street, Room 2 -205
Key West, Florida 33040
For the Consultant:
Mr. Michael Nardone
5845 NW 158 Street
Miami Lakes, FL 33014
And: Mr. Ricardo Fraxedas
5845 NW 158 Street
Miami Lakes, FL 33014
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing
the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee
proposal to perform the requested services. Only after receiving an amendment to the
Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the
Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to
the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
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4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
sub - consultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional
wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or
utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
5.3
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the project.
At the time of execution of this Agreement, the parties anticipate that the following named individuals
will perform those functions as indicated:
STAFF MEMBER NAME
FUNCTION
FIRM
Rodrigo Pigna, PE
Project Manager
Parsons Brinckerhoff
Ronald Colas, PE, SI
Principal in Charge
Parsons Brinckerhoff
A. Dale Helms, PE
QA /QC
Parsons Brinckerhoff
Mauricio Paredes, PE
Engineering Design Services Lead
Parsons Brinckerhoff
Andres Cardona, PE
Engineering Design Services
Parsons Brinckerhoff
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Weiner Reinefeld, PE
Engineering Design Services
Parsons Brinckerhoff
Dianys Arocho, PE
Engineering Design Services
Parsons Brinckerhoff
Kevin Kremkau, PE
Engineering Design
Services/ Surveying
Gahagan & Bryant
Associates, Inc.,
William S. Manahan, PE
Engineering Design Services
Parsons Brinckerhoff
Robert Maliva, PE
Engineering Design Services
Parsons Brinckerhoff
Camille Dominguez, PE
Permitting Lead
Parsons Brinckerhoff
Penny Cutt
Permitting /Environmental
Lead/ Grant Development
Gahagan & Bryant
Associates, Inc.,
Michael Flood, AICP
Planning Services Lead
Parsons Brinckerhoff
Erin Deady
Planning Services
Erin L. Deady, P.A.
John Lafferty
Planning Services
Parsons Brinckerhoff
Walter Wells, PMP
Environmental
Parsons Brinckerhoff
Stephen Kretschman, PE
Environmental
Parsons Brinckerhoff
David Nickerson
Environmental
Gahagan & Bryant
Scott Zednek, PG
Environmental
Tierra Consulting Group
Fred Hilderbrandt, PSM
Surveying
Island Surveying, Inc.
Thomas Rodrigues, AICP
GIS /LiDAR
Parsons Brinckerhoff
Ted Covill, CP, PPS
GIS /LiDAR
Parsons Brinckerhoff
William Mohler, III, CA, CLI
Certified Arborist
Miller Legg & Associates,
Dylan Larson, PWS, CEP, CLI,
Landscape Inspector
Miller Legg & Associates,
Brian Shore, RLA
Landscape Architect
Miller Legg & Associates,
Hugo Soto, PE
Geotechnical
Terracon Consultants
Irela Bague
Public Outreach
MAGBE Consulting
Pomsit Chal&aphak, PE
Construction
Engineering Inspection
Parsons Brinckerhoff
Eduardo Rodriguez, PE
Construction
Engineering Inspection
Parsons Brinckerhoff
Ronald Fields, PE
Construction
Engineering Inspection
Parsons Brinckerhoff
Craig Anderson
Environmental
Parsons Brinckerhoff
Matt Gallo
Environmental
Parsons Brinckerhoff
Jeff Baker
Environmental
Parsons Brinckerhoff
Christine Albertin
Environmental
Parsons Brinckerhoff
Eric Johnson
Environmental
Parsons Brinckerhoff
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Jim Sobieraj PE
Environmental
Parsons Brinckerhoff
Jessica Hinchliffe
Environmental
Parsons Brincicerhoff
Colleen Myers
Environmental
Parsons Brincicerhoff
So long as the individuals named above remain actively employed or retained by the CONSULTANT,
they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT
shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the
CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon
and shown in Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to
the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward or
downward;
(B) As a condition precedent for any payment due under this Agreement,
the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest
of the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
in connection with travel authorized by the COUNTY, in writing, but only to the extent and
in the amounts authorized by Monroe County Code Section 2 -106 through 2 -117 for travel,
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per diem, meals and mileage. Other travel expenses shall be paid in accordance with Section
112.061, Florida Statutes. Travel time charges shall not begin until the employee reaches
mile marker 112.5 if coming from outside of Monroe County, and shall not be charged if
the employee resides within Monroe County
b. C o s t of reproducing maps or drawings or other materials used in performing the scope
of services;
c. Postage and handling of reports.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted
amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times
that this Agreement is in effect.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better,
that is licensed to business in the State of Florida and that has an agent for service of process
within the State of Florida. The coverage shall contain an endorsement providing thirty (30) days'
notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by
an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida
Statute 440.
B. Employers Liability Insurance with limits of S 1,000,000 per Accident, 51,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to
members of the public and /or damages to property of others arising from use of motor vehicles,
including offite and offsite operations, and owned, hired or non- owned vehicles, with One Million
Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual
aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for injuries
to members of the public or damage to property of others arising out of any covered act or
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omission of the CONSULTANT or any of its employees, agents or subcontractors or sub -
consultants, including Premises and /or Operations, Products and Completed Operations, Independent
Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with
One Million Dollars ($1,000,000) per occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims
Made policy, its provisions should include coverage for claims filed on or after the effective date
of this contract. In addition, the period for which claims may be reported must extend for a
minimum of 48 months following the termination or expiration of this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two
Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy,
CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion
of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities
hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its sub - consultants to be adequately insured at least to the limits
prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during
the term of this Agreement. COUNTY will not pay for increased limits of insurance for sub -
consultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance including those naming
the COUNTY as an additional insured.
L If the CONSULTANT participates in a self - insurance fund, a Certificate of Insurance will be
required. In addition, the CONSULTANT may be required to submit updated financial statements
from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be
reproduced and copied without acknowledgement or permission of the CONSULTANT. In the event
that COUNTY makes use of said documents on a project or projects not covered under this Contract,
without CONSULTANT'S express written consent, such use shall be at the sole discretion, liability, and
risk of the COUNTY. Notwithstanding the foregoing, the CONSULTANT shall retain all common law,
statutory, and other reserved rights, including copyrights to its standard design elements and
CONSULTANT details that are neither unique to the COUNTY, or its affiliates nor related to the
business of the COUNTY and the COUNTY shall be granted a non - exclusive license to reproduce such
design elements and details relative to the Project.
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9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for Monroe County
and the CONSULTANT, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds
itself, its successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other parry.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in
favor of, any third parry.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this agreement after five days written notification to the
CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other parry
sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Agreement (Articles I -IX),
the CONSULTANT'S response to the RFQ, the documents referred to in the Agreement as a part of
this Agreement, and Attachment A and modifications made after execution by written amendment. In
the event of any conflict between any of the Contract documents, the one imposing the greater burden
on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not
violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall
result in termination of this Agreement and recovery of all monies paid hereto, and may result in
debarment from COUNTY's competitive procurement activities.
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In addition to the foregoing, CONSULTANT further represents that there has been no determination,
based on an audit, that it or any sub - consultant has committed an act defined by Section 287.133, Florida
Statutes, as a "public entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved or whether
CONUSULTANT has been placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub - consultant is
formally charged with an act defined as a "public entity crime" or has been placed on the convicted
vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
Records shall be retained for a period of five years from the termination of this agreement. Each party
to this Agreement or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor employed
by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully retained by the
CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant
to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation of
this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the Sixteenth Judicial
Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative
body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree
to reform the Agreement to replace any stricken provision with a valid provision that comes as close
as possible to the intent of the stricken provision.
Page 1 11
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or administrative
proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this
Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative,
and out -of- pocket expenses, as an award against the non - prevailing parry, and shall include reasonable
attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONSULTANT and their respective legal representatives, successors, and
assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by
law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each parry prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no resolution can
be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either parry relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree
to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the services under this
Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Page 1 12
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that discrimination
has occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. CONSULTANT agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act
of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire
any interest, which would conflict in any manner or degree with its performance under this Agreement,
and that only interest of each is to perform and receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION /PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY
Page 1 13
shall have the right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
9.21 PUBLIC RECORDS COMPLIANCE.
Contractor must comply with Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and Section 24 of article I of the Constitution of Florida. The Contractor shall allow the
COUNTY reasonable access to, and inspection of, all documents, records, papers, letters or other "public
record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, upon request by the County in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this provision in the
form of a court proceeding and shall, as a prevailing parry, be entitled to reimbursement of all attorney's
fees and costs associated with that proceeding. This provision shall survive any termination or expiration
of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
9.22 NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability
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insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered
into by the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity
of officers, agents, or employees of any public agents or employees of the COUNTY, when performing
their respective functions under this Agreement within the territorial limits of the COUNTY shall apply
to the same degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of
the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9.25 NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the
CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement.
Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to
the Agreement are accurate, complete, and current at the time of contracting. The original contract price
and any additions thereto shall be adjusted to exclude any significant sums by which the agency
determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and
other factual unit costs. All such adjustments must be made within one year following the end of the
Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and no
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member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or
be subject to any personal liability or accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as
an original, all of which taken together shall constitute one and the same instrument and any of the
parties hereto may execute this Agreement by signing any such counterpart.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under this
Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this
Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to
participate in the performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the
CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or
sex in the award and performance of contracts, entered pursuant to this Agreement.
9.30 PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN
INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY
NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
[Remainder of this page purposely left blank]
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: KEVIN MADOK, Clerk
By:
Deputy Clerk
Date:
(Seal)
Attest:
BY:
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor /Chairman
PARSONS BRINCKERHOFF, INC.
Page 1 17
ATTACHMENT A
CONSULTANT RATES
Parsons Brinckerhoff, Inc.
2017 Schedule of Fees
Personnel
A. Professional (Engineer, Geologist, Scientist, and Project Management)
JOB TITLE
HOURLY RATE
ENGINEERING MGR
$
215.00
SR SUPV CONSTRUCTION ENGINEER
$
195.00
SR SUPV ENGINEER
$
195.00
SR SUPV GEOLOGIST
$
195.00
SR SUPV PLANNER
$
195.00
LEAD CONSTRUCTION ENGINEER
$
155.00
LEAD ENGINEER ;
$
155.00
LEAD GEOLOGIST
$
140.00
LEAD PLANNER
$
135.00
ASST ENGINEER `
$
75.00
ASST ENVIRONMENTAL ENGINEER
$
75.00
B. Technical Services (Engineering and Science)
JOB TITLE HOURLY RATE
PRIN ENGINEER
$
150.00
PRIN TECHNICAL SPECIALIST
$
150.00
SUPV CONSTRUCTION ENGINEER
$
165.00
SUPV ENGINEER
$`
170.00
SUPV PLANNER
$`
155.00
SR ENGINEER
$`
125.00
SR ENVIRONMENTAL ENGINEER
$`
110.00
SR ENVIRONMENTAL SCIENTIST
$`
115.00
SR GEOLOGIST
$`
125.00
ADMIN ASST 1
$`
55.00
CADD OPERATOR III
$`
100.00
JOB DESCRIPTIONS (A)
Engineering Manager— Guides and coordinates the assigned projects through designed
completion. The incumbent must demonstrate a high degree of creativity, foresight, and
mature engineering judgment in directing extensive engineering projects of significant
importance.
Senior Supervising Construction Engineer - The Senior Supervising Construction Engineer
performs as a Senior Resident Engineer or Project /Program Manager on a large, complex
construction management and engineering activity on assigned project /program. This
position must be capable of analyzing all technical aspects of project /program, defining
scope, and recommending major construction changes.
Senior Supervising Engineer - Manages engineering activities for all phases of an assigned
project. The incumbent must be capable of demonstrating creativity, foresight and
mature engineering judgment.
Senior Supervising Geologist — Manages all function on a large project with many
complex features. The employee must be capable of demonstrating creativity, foresight
and mature judgment. Performs highly complex professional assignments demanding
contribution calling for the application of specialized scientific principles
Senior Supervising Planner — Manages activities for all phases of an assigned project.
Must be capable of demonstrating creativity, foresight and mature judgment. Supervises
a group of planners and /or technicians. Work requires extensive contact with
governmental agencies, contractors, the public and other personnel.
Lead Construction Engineer - Act as Project Engineer on a large construction project or as
a Resident Engineer on a smaller construction project. May direct a highly complex and
specialized construction engineering, administration, and inspection program.
Lead Engineer - Acts as staff specialist in providing technical guidance for complex or
unique assignments. The incumbent must be capable of applying diversified knowledge
of engineering principles and practices, and independently making decisions on significant
engineering problems or methods.
Lead Geologist— Must be able to work well in a team environment, coordinating efforts
with reservoir and production engineering, drilling and land department personnel.
Leads and directs the work of others. A wide degree of creativity and latitude is expected.
Lead Planner— Acts as a staff specialist in providing technical guidance for complex or
unique assignments. Performs highly complex planning, programming, research and
analysis activities in support of management - related programs and /or projects. Conducts
research and analysis on highly complex and /or broad issues. Work requires extensive
contact with governmental agencies, contractors, the public and other personnel.
Assistant Engineer - Under close supervision performs routine assignments which are
clearly defined and require the application of standard engineering techniques and
procedures.
2/4
Assistant Environmental Engineer - This entry -level position assists more senior
engineers with analysis of transportation and other infrastructure projects related to one
or more of the following: noise, air quality, energy, wastewater treatment, hazardous
materials, or natural resource issues.
JOB DESCRIPTIONS (B)
Principal Engineer- Plans and conducts research on technical tasks and projects of
considerable scope and complexity, acts as a technical resource on projects or works
independently on technical projects.
Principal Technical Specialist- Act as a technical specialist in area of expertise. Provides
technical guidance for complex or unique assignments. Must be capable of applying
diverse field knowledge of technical field and independently making decisions on
significant changes, change orders, or contract modifications.
Supervising Construction Engineer - The Supervising Construction Engineer provides
technical leadership for complex construction management projects or programs, serving
as a Resident Engineer or Project Manager supervising construction engineering and
inspection activities. This position must be capable of applying diversified knowledge of
construction engineering principles and practices and independently making decisions on
significant construction engineering problems.
Supervising Engineer - Acts as staff specialist in the application of advance theories,
concepts, and principles for an assigned area of responsibility. The incumbent must be
capable of analyzing all technical aspects of the subject area, defining the scope and
selecting problems for investigation, developing novel concepts and approaches, and
recommending major design changes.
Supervising Planner- Act as a specialist in the application of advance theories, concepts
and principles for an assigned area of responsibility. Oversees and performs complex
planning and programming activities. Work is performed with wide latitude for the use of
initiative and independent judgment. Supervises a group of planners and /or technicians.
Work requires contact with governmental agencies, contractors, the public, and other
personnel.
Senior Engineer - The incumbent must be fully competent in all conventional aspects of
engineering and be capable of planning and conducting tasks requiring independent
judgment in the evaluation, selection and substantial adaptation and modification of
standard engineering techniques and procedures. Only receives supervision in areas
where precedents are not clearly established.
Senior Environmental Engineer - The employee must be fully competent in all
conventional aspects of environmental engineer. Must be able to use computer
modeling, CADD, and GIS tools to analyze transportation and other infrastructure projects
related to one or more of the following: noise, air quality, energy, wastewater treatment,
hazardous materials, or natural resource issues. May act as project manager on small
projects or lead less complex tasks on larger projects.
3/4
Senior Geologist- Provides technical assistance to consultants, contractors, dam owners,
and other interested parties; serves as staff advisor and shares findings and data with
counterparts in related departments. Must be able to work well in a team environment,
coordinating efforts with reservoir and production engineering, drilling and land
department personnel.
Administrative Assistant I- This position provides day -to day administrative and clerical
support to the manager.
CADD Operator III- Under supervision provides competency in computer assisted drafting
to support development, planning, transportation or other technical services.
4/4