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07/18/2018 Agreement DATE: August 1, 2018 TO: Rhonda Haag, Sustainability FROM: Sally M. Abrams, D.C. th SUBJECT: July 18 BOCC Meeting - Approved Agenda Item Attached are electronic copies of the executed agenda item listed below for your handling. 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[[1022,1719,1049,1775] [11][,I,][Calibri]] Please contact me at extension 3550 with any questions. AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS, INC. FOR CONSULTING SERVICES FOR HURRICANE IRMA MARINE DEBRIS MONITORING AND DISASTER RELATED SERVICES This Agreement ( "Agreement ") made and entered into this 18 day of July, 2018 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 Wood Environment & Infrastructure Solutions, Inc., its successors and assigns, a corporation of the State of Nevada, whose address is 5845 NW 158th Street, Miami Lakes, Florida 33014, hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the canals in Monroe County have been negatively impacted by Hurricane Irma that made landfall in the Lower Keys in September 2017; and WHEREAS, the County applied to U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Program for funding of marine debris removal monitoring and related services, which includes the geographic areas of unincorporated Monroe County, Islamorada and Marathon; and WHEREAS, the NRCS accepted the applications and approved $3,436,590.90 in funding for Marine Debris Monitoring and related Work for 103 canals deemed eligible for NRCS funding under USDA Grant NR184209XXXXCO27;and WHEREAS, the COUNTY issued a solicitation for Marine Debris Monitoring and related Work, the CONSULTANT submitted a proposal, and the CONSULTANT was the selected vendor for such services; and WHEREAS, the COUNTY desires to employ the professional services of CONSULTANT for Hurricane Irma Marine Debris Monitoring and Related Services; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Hurricane Irma marine debris monitoring services and program management services for all of the geographic areas approved by NRCS, which services shall collectively be referred to as the "Project "; 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 CONSULT ANT agree as follows: -15- ARTICLE 1 FORM OF AGREEMENT 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 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; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed; including the County's estimated 300 impacted canals and nearshore waters. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 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. 1.1.6 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. 1.1.7 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. 1.1.8 The effective date of this Agreement shall be July 18, 2018. 1.1.9 The term of the Agreement shall be for a one (1) year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT at the same terms and conditions with approval from the COUNTY'S Governing Board if -16- needed for Hurricane Irma marine debris removal monitoring. Such extension shall be in the form a written Amendment to the Agreement executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Exhibit A to this Agreement. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written Notice to Proceed from the COUNTY. The notice to proceed will be in the form of individual task orders and shall contain a description of the services to be performed, the geographic area to be covered, the funding, and the time within which services must be performed. At all times, the CONSULTANT will comply with the requirements of the NRCS Notice of Grant and Agreement Award, attached hereto as Exhibit C and incorporated by reference. 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 subconsultants, 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 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the Consultant: Mr. Greg Corning 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. -17- 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, any available 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. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants 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. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall -18- indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 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 persons who will perform the services are the personnel who were listed in the CONSULTANT's proposal. 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 total Contract Sum shall not exceed Three Million One Hundred Thousand Dollars ($3,100,00.00) unless amended by formal approval of the Monroe County BOCC. 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 Exhibit B to this Agreement. 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 in accordance with assigned Task Orders and completion of Task Orders, based on submitted invoices. All invoices must meet NRCS standards and requirements. (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; -19- (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 as 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. Reimbursable expenses including transportation (excluding airfare), lodging, meals and incidentals shall be invoiced as shown in Exhibit B. Airfare will be billed to the County at the Consultant's cost. b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.3.2 All other expenses are non - reimbursable. 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 its duration and approval of NRCS and receipt of funds by NRCS. 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. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 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 sixty (60) 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. -20- 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 $1,000,000 per Accident, $1,000,000 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 onsite 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 omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, 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. Jones Act or Watercraft coverage is required G. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. H. CONSULTANT shall require its subconsultants 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 subconsultants. I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. J. 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. -21- 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. 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 party. 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 party. 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. The COUNTY may cancel this Agreement without cause by giving the CONSULTANT sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals (RFP), the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and Exhibits A and B and C, 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. -22- 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. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant 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 CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant 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 seven years from the termination of this agreement or for a period of three years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. 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 16 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 -23- 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. 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 party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 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 Subconsultants 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 party 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 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. -24- 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party 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. 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 or COUNTY 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 -25- 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 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 ACCESS. 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 County and Contractor shall allow and permit 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, and made or received by the County and Contractor 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 party, 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 -26- 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. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY -BRIAN a(MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 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 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 -27- 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 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 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60 -1.3 must include the equal opportunity clause provided under 41 CFR 60- 1.4(b). -28- 9.29.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.4 Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 9.29.5 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.6 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with -29- obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 9.29.7 Procurement of recovered materials as set forth in 2 CFR § 200.322. Other Federal Requirements: 9.29.8 Americans with Disabilities Act of 1990 (ADA) — The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.9 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 The Consultant shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. 9.31 NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 2 16, Public Law 81 -516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95- 334;and • Section 382, Title III, of the 1996 Farm Bill Public Law 104 -127. • Codified rules for administration of the EWP program are set forth in 7 CFR 624. REMAINDER OF THE PAGE PURPOSELY LEFT BLANK -30- 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) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA / 0 7f e ,.. .....--- By:atiN Q P 1 J" 3 By: Deputy Clerk Mayor /Chairman , Date: "' 'R a a, C ma 4 4.033(1 cDn +: r WOOD ENVIRONMENT AND '�.�' o !; INFRASTRUCTURE SOLUTIONS, INC. B • -- 1 • 11 P"--4 • By: S--- e- "7--L-4,40:a4 Iv TitleRco \-- lk zco.kw% Sv aysv Title: QFF /CE /iiii✓4tGee STATE OF FLORIDA COUNTY OF )V 407/ DR'C' / On this I day of t/� , 20 f ,before me the person whose name is subscribed above, and who produced as identification, acknowledged that he /she is the person who executed the above ontract for the p oses therein contained. By: a / i(: ' ti / f No a 1 A _ / 101 6/6 Prot007a — >LU NQ A I` Print Name My commission expires: 03/20/2 cJ/ 9 Seal _ _ _ _ , tP u ,•�r;Y r'�,, i MAGGIE PROENZA- KANAKIS 1 . „ -- � : Notary Public • State of Florida ` = • . s 1111 ♦ '• My Comm. Expires Mar 20, 2019 .. F --� � µ v � Commission we FF 179176 '''' Bonded through National Notary Assn. 0 MONROE OC OD ASY OH ATTORNEY AP "ROVED 1A YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY D ate._ ----- - EXHIBIT A SCOPE OF SERVICES Upon written authorization from the County the Consultant will perform the tasks outlined below to assist the County in responding to the aftermath of Hurricane Irma and its impacts on approximately 103 NRCS eligible canals in unincorporated Monroe County, Islamorada and Marathon. All activities will comply with the requirements of the USDA Natural Resources Conservation Service (NRCS), US Fish and Wildlife, and any applicable federal or State Laws and local ordinances. This scope of services covers monitoring work in canals and temporary debris management area (TDMA) sites in unincorporated Monroe County, City of Marathon, and Village of Islamorada. The County will be the contracting party for all work, regardless if performed in the County or municipalities. Consultant must segregate the costs for work performed in each of the 6 Damage Survey Report (DSR) Areas and submit separate invoices to the County for reach DSR, so that the County can monitor the costs and also pass along the costs to the municipalities for their DSR area. The Consultant shall designate at least one qualified accessible supervisor or project manager for each of the 6 DSRs. The accessible and designated supervisor or project manager in each area of operation shall have full authority to act on behalf of the consultant and its subcontractors and all communications given to the supervisor in writing by the County's authorized representative shall be as binding as if given to the selected firm. The Consultant shall also designate at least one qualified accessible supervisor or project manager for each of the TDMA sites. Currently, the County anticipates that four TDMA sites may be operational simultaneously; however, that number may change based on need. The Consultant should anticipate that work will be done simultaneously in all DSRs and all TDMA sites and should staff accordingly. The duties shall include: 1. Provide immediate general program management services with regards to marine debris collection and disposal activities within the County; 2. Provide immediate contract monitoring services related to managing the activities of the County's marine debris contractor(s), including but not limited to: • Monitor contractor activity to confirm compliance with NRCS requirements and all state statutes and local ordinances; • Ensure proper equipment is mobilized and used, and ensure proper loading techniques are utilized; • Monitor marine debris site management for proper segregation of debris, adherence to • site permit requirements; • Ensure adherence to safety procedures; • Monitor Temporary Debris Management Areas (TDMA) ,site set -up and restoration; • Measure and certify truck capacities and retain records of each vehicle as required by NRCS; • Investigate, document and resolve property damage complaints from the public; • Conduct end of day duties, such as verifying all trucks have left the disposal site, addressing daily safety reports and corrective action recommendations, and locking down of the facility; • Monitor the activities conducted under local, state and federal permit requirements for applicable marine debris removal work, including but not limited to, marine debris clearing, organic silt removal, hauling and vessel removal; -32- • Ability to directly provide side scan sonar or to monitor the debris removal contractor's use of side scan sonar to ensure maximum cost efficiency in combination with maximum effectiveness. Ability to read and interpret the results. • Monitor organic silt and sediment removal, dewatering methods and disposal ensuring it is removed, dewatered, and disposed of in methods meeting all local, state and federal requirements • If directed by the County, provide a dive team and underwater cameras to survey the work under the canal surface. • Monitor the marine waters for threatened and endangered species, take immediate appropriate protection measure, report to the appropriate County, State and Federal officials 3. Provide marine debris collection and disposal site monitoring services in the 6 DSR areas at staging areas, Temporary Debris Management Areas and final disposal sites in accordance with local , state, federal and NRCS requirements, including but not limited to: • Monitor marine debris collection activities to ensure debris eligibility (type and location of collection), provide accurate load tickets with all required information, document damage to property by contractor; • Monitor staging areas and TDMA sites to ensure entry by certified trucks only; provide accurate determination and documentation of marine debris quantities for debris brought into site and reduced debris leaving the site for final disposal. • Ensure proper soil sampling by the marine debris contractors of staging areas and TDMAs as necessary, before and after use by debris contractors. • Monitor compliance by debris contractors with environmental regulations (including but not limited to regulations issued by DEP), DDMS site permits or authorizations, and requirements of any other permits or authorizations (including but not limited to Army Corps of Engineers) and report non - compliance. • Monitor and document trucks entering landfill /final disposal sites to confirm and document quantities brought to final disposal. • Survey the affected areas for special situations or emergency needs, including but not limited to, identifying navigational hazards, hazardous trees, construction and demolition (C &D) debris in the waters, or other potentially hazardous marine situations. The CONSULTANT will document locations, track and coordinate the appropriate dispatch of equipment and make frequent reports to the County on any post -event remedial action. 4. Provide data management of all collection and disposal tickets; 5. Provide the County with daily operating reports that include, at a minimum, information regarding specific canals and nearshore waters in each DSR where collection has occurred, number of crews working, quantities of hours worked by the contractors, quantities of debris by type collected from canals and nearshore waters; marine debris quantities accepted at or shipped from each TDMA site, marine debris quantities shipped to recycling centers or final disposal site and details of damage complaints and any operational /safety issues; 6. Review and approve debris removal contractor invoices submitted to the County and municipalities; -33- 7. Respond to questions regarding operations and documentation, as needed, during NRCS review, close out and audit processes. Additional Services The following services will be provided upon written authorization by the County: A. Providing technical and permitting assistance associated with the need to locate additional TDMA sites when requested by the County. B. Collecting baseline data, per local, state and federal requirements, from the designated emergency debris management sites prior to opening these sites. C. Assisting the County with obtaining necessary local, state and federal permits for the designated emergency debris management sites and for any hydraulic dredging activities to take place D. Conducting ongoing environmental data collection per local, state and federal requirements for the designated emergency debris management sites. E. Providing technical, clerical, and information technology assistance to the County for completing any and all forms necessary for reimbursement from State or Federal agencies, including USDA NRCS, relating to eligible costs arising out of the disaster recovery effort. This may include, but is not limited to, the timely completion and submittal of reimbursement requests, and preparing replies to any and all agency requests, inquiries or potential denials. The parties are aware that some of the Additional Services may not be reimbursable by NRCS, and therefore, the CONSULTANT shall submit separate invoices for non - reimbursable work. The CONSULTANT shall notify the COUNTY in advance to the best of their ability prior to performing work that may not be reimbursable by NRCS. -34- EXHIBIT B CONSULTANT RATES I. Personnel Principal in Charge $194.00/hour Project Manager $120.00/hour Emergency Management Coordinator $150.00/hour Debris Monitoring Safety Specialist $150.00/hour GIS Analyst $120.00/hour Data Manager $120.00/hour Field Supervisor $86.00/hour Dive Team — 3 person team $220.00/hour Side Scan Survey Monitor / Analysis $150.00/hour Side Scan Survey Crew — 2 person team $140.00/hour Collection Monitor - Contractor $70.00/hour Collection Monitor - TDMA $70.00/hour Administration $60.00/hour II. Subcontract 1. From time to time, Wood retains outside Professional and Technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at 15% markup. III. Expenses A. Travel Expenses 1. Transportation: Wood will utilize company pickup trucks and submit direct expenses at a rate of $75.00/ per day / per truck. 2. Per Diem Expenses: Wood will submit direct expenses in accordance with Monroe County Code. 3. Lodging: Wood will acquire rental houses for the personnel assigned to the project and submit direct expenses for rents. Wood shall obtain the advance approval of Monroe County prior to rental of the leased premises. B. Equipment / Other Expenses (not including personnel time) Digital Field Documentation Equipment (cameras, $75.00 /day water level & measuring tape, GPS units, etc.) Remote Operating Vehicle Camera $400.00 / day Drone with Camera $1,000.00 /day Boat with Side Scan Sonar $1,500.00 /day Dive Equipment $300.00 /day C. Communications 1. In -house costs for long distance phone, telex, telecopier, postage will be charged at 10% markup. -35- USDA Exhibit C NRCS- ADS -093 U.S. Department of Agriculture Natural Resources Conservation Service NOTICE OF GRANT AND AGREEMENT AWARD 1. Award Identifying Number 2. Amendment Number 3. Award /Project Period 4. Type of award instrument: NR184209XXXXCO27 220 Calendar Days From Cooperative Agreement NRCS Signature 5. Agency (Name and Address) 6. Recipient Organization (Name and Address) Natural Resources Conservation Service COUNTY OF MONROE P. O. Box 141510 1100 SIMONTON STREET Gainesville, FL 32614 -1510 KEY WEST FL 33040 -3110 DUNS: 073876757 EIN: 7. NRCS Program Contact 8. NRCS Administrative 9. Recipient Program 10. Recipient Administrative Contact Contact Contact Name: Jason Strenth Name: MOIRA SANFORD Name: Rhonda Haag Name: Rhonda Haag Phone: (352) 338 -9559 Phone: (614) 255 -2495 Phone: 305 - 453 -8774 Phone: 305 - 453 -8774 Email: jason.strenth @fl.usda. Email: MOIRA. Email: haag- Email: haag- gov SANFORD @OH.USDA.GOV rhonda @monroecounty- fl.gov rhonda @monroecounty- fl.gov 11. CFDA 12. Authority 13. Type of Action 14. Program Director 10.923 33 U.S.C. 701b-1 New Agreement Name: Roman Gastesi Phone: 305 - 292 -4442 Email: gastesi- roman @monroecounty -fl.gov 15. Project Title/ Description: Monroe County Hurricane Irma EWP - Debris Removal 6000003865 16. Entity Type: 01 = County government 17. Select Funding Type Select funding type: F Federal 17 Non - Federal Original funds total 37,802,499.900 11455303.00 Additional funds total $0.00 $0.00 Grand total 37,802,499.900 11455303.00 Page 1 of 14 18. Approved Budget Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $0.00 Construction 34,365,909.000 Other $3,436,590.90 Total Direct Cost 37,802,499.900 Total Indirect Cost $0.00 Total Non - Federal Funds 11455303.00 Total Federal Funds Awarded 37,802,499.900 Total Approved Budget 49,257,802.900 This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this • award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any, found by NRCS to have been overpaid, will be refunded or credited in full to NRCS. Name and Title of Authorized Govemment Representative Signature Date RUSSELL MORGAN State Conservationist Name and Title of Authorized Recipient Representative Signature Date Roman Gastesi County Administrator NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities an the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720 -2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250 -9410 or call (800) 795 -3272 (voice) or (202) 720 -6382 (TDD). USDA is an equal opportunity provider and employer. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a). MO - OE COUNTY ATTORNEY • "ROV DAS + ►R r : � f CY THIA L. ALL ASSISTANT COUNTY ATTORNEY Page 2 of 14 Date 6 2- - Zeit Statement of Work Purpose The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation Service, hereinafter referred to as the "NRCS ", to provide technical and financial assistance to Monroe County, hereinafter referred to as the "Sponsor ", for EWP Project # 5072 (Hurricane Irma) in Monroe County, Florida for implementation of recovery measures, that, if left undone, pose a risk to life and /or property. Objectives The design and installation of EWP measures as detailed in the individual Damage Survey Report (DSR) and described here: DSR No. MC -17 -001 — Remove debris from Big Coppitt, Geiger, Saddlebunch, Sugarloaf canals = $2,309,353 DSR No. MC -17 -002 — Remove debris from Cudjoe, Summerland, Ramrod, Little Torch canals = $3,811,652 DSR No. MC -17 -003 — Remove debris from Big Pine Key canals = $22,475,998 DSR No. MC -17 -004 — Remove debris from Conch, Tavernier, Key Largo canals = $3,124,529 DSR No. MC -17 -005 — Remove debris from Marathon, Matecumbe, Plantation canals = $14,099,680 Total Estimated Construction Cost = $45,821,212 Budget Narrative A. The estimated costs for the Project: 1. Total Estimated Project Budget: $49,257,802.90 The budget includes: Financial Assistance (FA) Costs: Construction Costs (75% NRCS $34,365,909.00 + 25% Sponsor $11,455,303.00): $45,821,212 Technical Assistance (TA) Costs: 100% NRCS (7.5% of total construction cost): $3,436,590.90 2. NRCS pays up to 75 percent of eligible construction costs, and Sponsor pays 25 percent of construction costs. NRCS will contribute up to 7.5 percent of the total construction cost for design services, contract administration and construction management costs. It is possible that technical and administrative costs will exceed this amount, requiring the Sponsor to contribute resources to complete technical and administrative work. 3. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for financial assistance (FA) and one for technical assistance (TA). FA costs are associated with construction activities; TA costs are associated with services. These expenditures shall be accounted for separately in order for expenses to be eligible for reimbursement. 4. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on- the - ground construction costs, subject to above limits. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are associated with the installation of the project measures including labor, equipment and materials. 5. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the project, subject to the above limits. If costs are reduced, reimbursement will be reduced accordingly. These costs include a. engineering costs include, but not limited to, developing a project design that includes construction drawings and specifications, an operation and maintenance plan, a quality assurance /inspection plan and an engineer's estimate of the project installation costs in addition to providing necessary quality assurance during construction. b. contract administration costs include, but not limited to, soliciting, evaluating, awarding and administering contracts for construction and engineering services, including project management, verifying invoices and record keeping. 6. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of Page 3 of 14 non -cash materials or services, or in -kind contributions. 1 he value of any in -kind contribution shall be agreed to in writing prior to implementation. Responsibilities of the Parties: A. Sponsor will - 1. Accomplish construction of the EWP project measures by contracting, in -kind construction services, or a combination of both. 2. Ensure and certify by signing this agreement that its cost share obligation is from a non - Federal source. 3. Designate a project liaison to serve between the Sponsor and NRCS and identify that person's contact information with this executed agreement. Any change in the project liaison during the terms of this agreement must be immediately communicated to NRCS. 4. Appoint a contracting officer and an authorized representative who will have authority to act for the contracting officer, listing their duties, responsibilities, and authorities. Furnish such information in writing to the NRCS State Conservationist. 5. Comply with the terms and conditions of this agreement and the attached general terms and conditions except those that are not applicable to State and local governments. 6. Acquire and provide certification to NRCS that real property rights (land and water), permits and licenses in accordance with local, state, and Federal laws necessary for the installation of EWP project measures have been obtained at no cost to NRCS prior to construction. This includes any rights associated with required environmental mitigation. Sponsors shall provide such certification on Form NRCS- ADS -78, Assurances Relating to Real Property Acquisition. Sponsors shall also provide an attorney's opinion supporting this certification. Costs related to land rights and permits are the Sponsor's responsibility and ineligible for reimbursement. 7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in obtaining, adequate land and water rights, permits and licenses needed for the Project. 8. Provide the agreed -to portion of the actual, eligible and approved construction cost. These costs may be in the form of cash, in -kind construction services, or a combination of both. Final construction items that are eligible construction costs will be agreed upon during the pre- design conference. These costs consist of costs from contracts awarded to contractors and eligible Sponsor in -kind construction costs for materials, labor, and equipment. The Sponsor shall provide NRCS documentation to support all eligible construction costs. 9. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to increase the level of protection over and above that described in the DSR. 10. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for TA and one for FA, requiring this separation. 11. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR § 200.317 through 200.326, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See general terms and conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR § 200.326, contracts must contain the applicable provisions described in Appendix II to Part 200. Davis -Bacon Act would not apply under this Federal program legislation. 12. The contracts for design services and construction described in this Agreement shall not be awarded to the Sponsor or to any firm in which any Sponsor's official or any member of such official's immediate family has direct or indirect interest in the pecuniary profits or contracts of such firms. Reference 2 CFR § 200.318 regarding standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts. 13. Any costs (construction or technical and administrative services) incurred prior to the Sponsor and NRCS signing this agreement are ineligible and will not be reimbursed. 14. For contracts, provide NRCS a copy of solicitation notice, bid abstract, and notice of contract award, or other basis of cost and accomplishment. Page 4 of 14 15. For in -kind construction services (materials, labor, and /or equipment supplied by the Sponsor), develop a Plan of Operations describing the construction services to be performed including estimated quantities and values. The Plan of Operations shall be concurred in by NRCS at the pre- design conference. In -kind construction services for equipment shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS. 16. The following documentation is required to support the Sponsor's request for reimbursement of in -kind construction services: a. Invoices covering actual costs of materials used in constructing the eligible EWP project measures. b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP project measures. c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for constructing the eligible EWP project measures. d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates used to install the eligible EWP project measures. Equipment idle time is not eligible in -kind construction services, even if on the job site, and should not be included in the equipment operating records. 17. Within thirty (30) calendar days of signing the project agreement, hold a pre- design conference with the Sponsor, Sponsor's design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the Sponsor and NRCS. During the pre- design conference, NRCS will determine the eligible construction costs. 18. Within fourteen (14) calendar days of the pre- design conference submit to NRCS a schedule with time lines of major items to be completed. Milestones shall include, but not limited to, obtaining land rights, obtaining permits, completing any necessary surveys, completing draft engineering plans and specifications for NRCS review, completing final engineering plans and specifications, completing quality assurance plan, solicit bids, award contract, issue notice to proceed, and complete construction. 19. Prior to commencement of work and /or solicitation of bids, submit for NRCS review, the preliminary design, construction specifications, and engineering drawings prepared in accordance with standard engineering principles and design parameters set forth in the pre- design conference. 20. Upon receiving comments from NRCS, prepare the final design, construction specifications, and engineering drawings in accordance with standard engineering principles that comply with NRCS programmatic principles and design parameters set forth in the pre- design conference. One set of the final plans and specifications shall be submitted to NRCS for final review and concurrence prior to solicitation of bids and /or commencement of work. The final construction plans and specifications shall be signed and sealed by a licensed Professional Engineer registered in the State of Florida (Not required for debris removal only sites). A copy of the signed and seal plans and specifications shall be provided to NRCS. 21. Prior to commencement of work and /or solicitation of bids, submit for NRCS review and concurrence a Quality Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the EWP project measures are installed in accordance with the plans and specifications, identify individuals with the expertise, describe items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous or periodic), outline inspection procedures, and record keeping requirements. A copy of the final QAP shall be provided to NRCS prior to commencement of construction. 22. Provide construction inspection in accordance with the QAP. 23. Prepare and submit for NRCS concurrence an Operation and Maintenance (O &M) Plan, if applicable (Not required for debris removal only sites) , prior to commence of work. The O &M Plan shall describe the activities the Sponsor will do to ensure the project performs as designed. Upon completion of the project measures, the Sponsor shall assume responsibility for O &M. 24. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of all permits, licenses, and other documents required by Federal, state, and local statutes and ordinances prior to solicitation for installation of the EWP project measures. All modifications to the plans and specifications shall be reviewed and concurred on by NRCS. 25. Ensure that any special requirements for compliance with environmental and /or cultural resource laws are incorporated into the project. 26. The Sponsor must secure at its own expense all Federal, State, and local permits and licenses necessary for completion of the work described in this agreement as well as any necessary natural resource rights and provide copies of all permits and licenses obtained to NRCS. Page 5 of 14 27. Will arrange and pay for any necessary location, removal, or relocation of utilities. EWP program regulations prohibit NRCS from reimbursing the Sponsor or otherwise paying for any such costs; nor do the costs qualify as a Sponsor cost - share contribution. 28. Ensure that technical and engineering standards and specifications of NRCS are adhered to during construction of the Project, as interpreted by NRCS Government Representative (GR). Provide NRCS Program/Technical Contact and GR progress reports every 2 weeks after execution of the agreement. Progress reports should include work accomplished for the period, technical on -site inspections, work planned, results of material tests, deficient work products and /or tests with corrective actions taken, modifications anticipated, technical problems encountered, contractual issues and other relevant information. 29. Ensure that all contractors on NRCS assisted projects are performing their work in accordance with OSHA regulations and the Contract Work Hours and Safety Standards Act (40 USC 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's compliance with safety requirements. 30. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been performed in accordance with contractual requirements. Provide a Professional Engineer (PE) certification that the Project was installed in accordance with approved plans and specifications. For debris removal only sites, certification does not need to be from a PE. 31. Provide PE- certified as -built drawings and quantities for the project. A copy of the as -built drawings will be submitted to the NRCS Program/Technical Contact. For debris removal only sites, as -built drawings do not need to be certified by a PE. 32. Pay the contractor(s) for work performed in accordance with the agreement and submit a SF -270, "Request for Advance or Reimbursement" to the NRCS Program/Technical Contact with all documentation to support the request. Payments can be requested as frequently as monthly. Final payment request shall be submitted within 90 calendar days of completion of the EWP project measures. Payments will be withheld until all required documentation is submitted and complete. a. The required supporting documentation for reimbursement of construction costs include invoices and proof of payment to the contractor showing the items and quantities installed and certified by the engineer of record along with any supporting documentation such as quantity calculations, rock weight tickets, etc. b. The required supporting documentation for reimbursement of in -kind construction expenses will include employee time sheets, employee hourly rate, equipment operating logs, equipment hourly rate, and material quantities and invoices. c. The required documentation for reimbursement of technical and administrative services will be invoices and proof or payment to consultants and /or employee time sheets along with the employee's hourly rate, hours worked, and date work was performed. 33. Ensure that information in the System for Award Management (SAM) is current and accurate until the final financial report (SF -425) under this award or final payment is received, whichever is later. 34. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the contract(s) awarded under this Agreement. This includes, but is not limited to disputes, claims, protests of award, source evaluation, and litigation that may result from the Project. Such actions will be at the expense of the Sponsor, including any legal expenses. The Sponsor will advise, consult with, and obtain prior written concurrence of NRCS on any litigation matters in which NRCS could have a financial interest. 35. Sponsor must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the Sponsor in connection with its acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement. Further, the Sponsor agrees that NRCS will have no responsibility for acts and omissions of the Sponsor, its agents, successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the Emergency Watershed Protection Program pursuant to this agreement that result in violation of any laws and regulations that are now or that may in the future become applicable. 36. Retain all records dealing with the award and administration of the contract(s) for 3 years from the date of the Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3 -year period, records are to be retained until the litigation is resolved or the end of the 3 -year period, whichever is longer. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the Department of Page 6 of 14 Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcriptions. 37. Be liable to the NRCS for damages sustained by the NRCS as a result of the contractor failing to complete the work within the specified time. The damages will be based upon the additional costs incurred by the NRCS resulting from the contractor not completing the work within the allowable performance period. These costs include but are not limited to personnel costs, travel, etc. The NRCS will have the right to withhold such amount out of any monies that may be then due or that may become due and payable to the Sponsor. This liability is not applicable to the extent that the contract performance time is extended by court judgment unless such judgment results from actions of the Sponsor not concurred in by NRCS. 38. Take necessary legal action, including bringing suit, to collect from the contractor any monies due in connection with the contract, or upon request of NRCS, assign and transfer to NRCS any or all claims, demands, and causes of action of every kind whatsoever that the Sponsor has against the contractor or his or her sureties. 39. Submit requests for a time extension to the agreement (if necessary) in writing no less than forty -five (45) days prior to the expiration date of the agreement. Submit the written, signed request to the NRCS Program /Technical Contact. B. NRCS will- 1. Assist Sponsor in establishing design parameters; determine eligible construction costs during the pre- design conference. 2. Designate a Government representative (GR) to serve as liaison with the Sponsor and identify that person's contact information with this executed agreement. 3. Review, comment and concur in preliminary and final plans, specifications, O &M Plan, Plan of Operations (if required) and QAP. 4. Make periodic site visits during the installation of the EWP project measures to review construction progress, document conformance to engineering plans and specifications, and provide any necessary clarification on the Sponsor's responsibilities. 5. Upon notification of the completion of the EWP project measures, NRCS shall promptly review the performance of the Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have been met. 6. Make payment to the Sponsor covering NRCS' share of the cost upon receipt and approval of Form SF -270 and supporting documentation, withholding the amount of damages sustained by NRCS as provided for in this agreement. In the event there are questions regarding the SF 270 and supporting documentation, NRCS will contact the Sponsor in a timely manner to resolve concerns. SPECIAL PROVISIONS A. The furnishing of financial, administrative, and /or technical assistance above the original funding amount by NRCS is contingent on there being sufficient unobligated and uncommitted funding in the Emergency Watershed Protection Program that is available for obligation in the year in which the assistance will be provided. NRCS may not make commitments in excess of funds authorized by law or made administratively available. Congress may impose obligational limits on program funding that constrains NRCS's ability to provide such assistance. B. In the event of default of a construction contract awarded pursuant to this agreement, any additional funds properly allocable as construction costs required to ensure completion of the job are to be provided in the same ratio as construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement. C. Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a result of decision of the CO or a court judgment in favor of a claimant will be provided in the same ratio as construction funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds under any agreement or commitment made by the Sponsor without prior concurrence of NRCS. D. The State Conservationist may make adjustments in the estimated cost to NRCS set forth in this agreement for constructing the EWP measures. Such adjustments may increase or decrease the amount of estimated funds that are related to differences between such estimated cost and the amount of the awarded contract or to changes, differing site conditions, quantity variations, or other actions taken under the provisions of the contract. No adjustment will be made to change the cost sharing assistance provided by NRCS as set forth in this agreement, nor reduce funds below the amount required to carry out NRCS' share of the contract. E. Except for item D. above, this document may be revised as mutually agreed through a written amendment duly Page 7 of 14 executed by authorized officials of all signatory parties to this agreement. F. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to proceed without obtaining concurrence as set out in this agreement. G. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in the agreement will be de- obligated from the agreement. H. If inconsistencies arise between the language in the Statement of Work (SOW) in the agreement and the general terms and conditions, the language in the SOW takes precedence. Expected Accomplishments and Deliverables The following accomplishments and deliverable will be provided to NRCS. 1. One copy of the final engineering plans, specifications signed and sealed by a licensed professional engineer (if applicable), including engineer's cost estimate, and approved Plan of Operations (if applicable). 2. Signed NRCS- ADS -78 supported by an attorney's opinion. 3. One copy of the quality assurance plan. 4. One copy of the operation and maintenance plan (if applicable). 5. One copy of the notice of solicitation, bid abstract, and notice of award. 6. Certification that the project was installed in accordance with the plans and specifications. 7. As -built drawings of final construction signed by a licensed professional engineer within 30 days of completion of construction. 8. Quantities of the units of work applied for each site within 45 days of completion of construction. Resources Required No resources other than funding. Milestones Milestones shall include, but not limited to, the following items: 1. Pre - design conference within 30 days of signing agreement. 2. Submit to NRCS a schedule with time lines of major items to be completed within 14 days of the pre- design conference. 3. Acquire needed real property rights and permits (signed NRCS- ADS -78 supported by an attorney's opinion) prior to start of construction. 4. Obtain permits. 5. Complete any necessary surveys. 6. Complete draft engineering plans and specifications for NRCS review. 7. Complete final engineering plans and specifications. 8. Complete quality assurance plan and operation and maintenance plan (if applicable). 9. Solicit bids. 10. Award contract. 11. Manage construction contract and provide quality assurance as described in the QAP. 12. Provide final inspection. 13. Complete as -built drawings. 14. Submit final payment. Page 8 of 14 GENERAL TERMS AND CONDITIONS Please reference the below link(s) for the General Terms and Conditions pertaining to this award: NATURAL RESOURCES CONSERVATION SERVICE U.S. DEPARTMENT OF AGRICULTURE GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS I. APPLICABLE REGULATIONS a. The recipient, and recipients of any subawards under this award, agree to comply with the following regulations, as applicable. The full text of Code of Federal Regulations references may be found at https: / /www.gpo.gov /fdsys /browse/ collectionCfr .action ?collectionCode =CFR and http: / /www.ecfr.gov /. (1) 2 CFR Part 25, "Universal Identifier and System of Award Management" (2) 2 CFR Part 170, "Reporting Subaward and Executive Compensation Information" (3) 2 CFR Part 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" (4) 2 CFR Part 182, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" (5) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards" b. The recipient, and recipients of any subawards under this award, assure and certify that they have and /or will comply with the following regulations, as applicable. The full text of Code of Federal Regulations references may be found at https: / /www.gpo.gov /fdsys/ browse /collectionCfr .action ?collectionCode =CFR and http: / /www.ecfr.gov /. (1) 2 CFR Part 175, "Award Term for Trafficking in Persons" (2) 2 CFR Part 417, "Nonprocurement Debarment and Suspension" (3) 2 CFR Part 418, "New Restrictions on Lobbying" (4) 2 CFR Part 421, "Requirements for Drug -Free Workplace (Financial Assistance)" c. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and to the extent applicable to the type of organizations receiving the award, regardless of tier. The following portions of the Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations references may be found at https: / /www.gpo.gov / fdsys/ browse /collectionCfr .action ?collectionCode =CFR and http: / /www. ecfr.gov/. (1) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal Awards" (2) 48 CFR Part 31, "Contract Cost Principles and Procedures" II. UNALLOWABLE COSTS The following costs are not allowed: a. Costs above the amount authorized for the project b. Costs incurred after the expiration of the award including any no- cost extensions of time c. Costs that lie outside the scope of the approved project and any amendments thereto d. Compensation for injuries to persons or damage to property arising from project activities This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR Part 200, "Subpart E — Cost Principles ", or direct specific inquiries to the NRCS administrative contact identified in the award. III. CONFIDENTIALITY a. Activities performed under this award may involve access to confidential and potentially sensitive information about governmental and landowner issues. The term "confidential information" means proprietary information or data of a personal nature about an individual, or information or data submitted by or pertaining to an organization. This information must not be disclosed without the prior written consent of NRCS. b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S. C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural resources conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107 -171). Page 9 of 14 c. The recipient agrees to comply with NRCS guidelines and requirements regarding the disclosure of information protected under Section 1619 of the Food, Conservation, and Energy Act of 2008 (PL 110 -246), U.S.C. 8791. d. The recipient agrees to comply with the "Prohibition Against Certain Internal Confidentiality Agreements:" 1. You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2. You must notify your employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. 4. If NRCS determines that you are not in compliance with this award provision, NRCS: a. Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114 -113) or any successor provision of law; b. May pursue other remedies available for your material failure to comply with award terms and conditions. IV. PRIOR APPROVAL REQUIREMENTS The following are the most common situations requiring prior approval. However, the recipient is also bound by any other prior approval requirements of the applicable administrative provisions and Federal cost principles. a. Purpose or Deliverables. —When it is necessary for the recipient to modify the purpose or deliverables, the recipient must submit a written request and justification for the change along with the revised purpose or deliverables of the award to the NRCS administrative contact. The request should contain the following: 1. Grant or agreement number 2. Narrative explaining the requested modification to the project purpose or deliverables 3. A description of the revised purpose or deliverables 4. Signatures of the authorized representative, project director, or both b. Subaward /contractual Arrangement. —The recipient must submit a justification for the proposed subaward /contractual arrangements, a statement of work to be performed, and a detailed budget for the subaward /contract to the NRCS administrative contact. Subaward /contractual arrangements disclosed in the application do not require additional postaward approval. c. Absence or Change in Project Leadership. —When a project director or the person responsible for the direction or management of the project- 1. Relinquishes active direction of the project for more than 3 consecutive months or has a 25 percent or more reduction in time devoted to the project, the grantee must notify the NRCS administrative contact in writing, identifying who will be in charge during the project director's absence. The notification must include the qualifications and the signature of the replacement, signifying his or her willingness to serve on the project. 2. Severs his or her affiliation with the grantee, the grantee's options include— i. Replacing the project director. The grantee must request written approval of the replacement from the NRCS administrative contact and must include the qualifications and the signature of the replacement signifying his or her willingness to serve on the project. ii. Subcontracting to the former project director's new organization. The grantee must request approval from the administrative contact to replace the project manager and retain the award, and to subcontract to the former project director's new organization certain portions of the project to be completed by the former project director. iii. Relinquishing the award. The grantee must submit to the NRCS administrative contact a signed letter by the grantee and the project director that indicates that the grantee is relinquishing the award. The letter must include the date the project director is leaving and a summary of progress to date. A final Standard Form (SF) 425 reflecting the total amount of funds spent by the recipient must be attached to the letter. 3. Transfers the award to his or her new organization, the authorized organization's representative at the new organization must submit the following to the NRCS administrative contact as soon as the transfer date is firm and the amount of funds to be transferred is known: i. The forms and certifications included in the application package ii. A project summary and work statement covering the work to be completed under the project (deliverables and objectives must be the same as those outlined in the approved proposal) iii. An updated qualifications statement for the project director showing his or her new organizational affiliation iv. Any cost - sharing requirements under the original award transfer to the new institution; therefore, cost - sharing information must be included in the proposal from the new organization Note: The transfer of an award from one organization to another can take up to 90 calendar days to accomplish, which may result in a delay in the project director resuming the project at the new organization. Page 10 of 14 d. Budget Revisions.— Budget revisions will be in accordance with 2 CFR Part 200.308. e. No -Cost Extensions of Time. —When a no -cost extension of time is required, the recipient must submit a written request to the NRCS administrative contact no later than 30 calendar days before the expiration date of the award. The request must contain the following: The length of additional time required to complete the project and a justification for the extension A summary of progress to date An estimate of funds expected to remain unobligated on the scheduled expiration date A projected timetable to complete the portions of the project for which the extension is being requested Signature of the grantee and the project director A status of cost sharing to date (if applicable) Note: An extension will not exceed 12 months. Requests for no -cost extensions received after the expiration of the award will not be granted. V. PAYMENTS a. Payment by NRCS to the entity will be made monthly or quarterly (whichever is mutually agreed upon by both parties) on a reimbursable or advanced basis upon completion of work outlined herein. Payment will be executed upon the submission of a properly executed form SF -270 with supporting documentation. The SF -270 must cite the agreement number, remittance address, and billing period. The SF -270 must be sent to the NRCS administrative contact at the email address identified in block 8 of the Notice of Grant/Agreement Award. b. Unless otherwise specified in the award, the recipient must receive payments through electronic funds transfers. c. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant to procedures contained in the Federal administrative provisions and 31 CFR Part 205. d. The method of payment between the recipient and its contractors will be in accordance with the policies and procedures established by the recipient except that the contractors may not use the USDA Office of Financial Management/National Finance Center method to request payments. If the grantee makes advance payments to contractors, the grantee must ensure that the timing of such payments is designed to minimize elapsed time between the advance payment and the disbursement of funds. Payment requests from the grantee's contractors will not be sent to NRCS for review or approval. e. Accounting records for all costs incurred under this award must be supported by source documentation. Such documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents. Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this award. All project costs must be incurred within the approved project period of this award, including any approved no- cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the approved project period and budget may be disallowed and may result in award funds being returned to the Federal Government by the recipient. VI. ACCRUALS a. Recipients must submit an accrual estimate to the NRCS Program/Technical no later than 15 calendar days prior to the end of the quarter (submit by March 15, June 15, September 15 and December 15th). b. An accrual represents the value of goods or services provided to NRCS for which you have not requested payment. The quality and completeness of NRCS audited financial statements depends on your continuing cooperation and timely information. c. At a minimum, the signed accrual statement should include, "Under agreement number , at the close of the quarter ending we have provided or anticipate providing goods or services that we have not requested payment for in the amount of $ ." Include the name and title of the person preparing the accrual estimate. VII. FINANCIAL REPORTING a. Recipients must submit a Federal Financial Report (FFR), SF 425 and 425A, in accordance with the following schedule: Quarterly Schedule Report Due Date October 1 to December 31 January 31 January 1 to March 31 April 30 April 1 to June 30 July 31 July 1 to September 30 October 31 Reports must be submitted on an accrual accounting basis. Failure to submit reports in accordance with the above schedule may result in suspension or termination of award. b. A final Report must be submitted no later than 90 calendar days after the completion of the award. For final FFRs, reporting end date must be the end date of the project or agreement period. The reports should be submitted to the NRCS administrative contact identified in award notifications. VIII. PERFORMANCE MONITORING AND REPORTING Page 11 of 14 a. The recipient is responsible for monitoring day -to -day performance and for reporting to NRCS. If the project involves subaward arrangements, the recipient is also responsible for monitoring the performance of project activities under those arrangements to ensure that approved goals and schedules are met. b. Every 6 months the recipient must submit a written progress report. Each report must cover— 1. A comparison of actual accomplishments with the goals and objectives established for the reporting period and, where project output can be quantified, a computation of the costs per unit of output. 2. The reasons why goals and objectives were not met, if appropriate. 3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit cost. c. The recipient must submit a final performance report within 90 calendar days after completion of project. IX. AUDIT REQUIREMENTS The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F. A non - Federal entity that expends $750,000 or more during the non - Federal entity's fiscal year in Federal awards must have a single or program - specific audit conducted for that year. X. SPECIAL PROVISIONS a. The recipient assures and certifies that it will comply with the minimum -wage and maximum- hour provisions of the Federal Fair Labor Standards Act. b. Employees of NRCS will participate in efforts under this agreement solely as representatives of the United States. To this end, they may not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money through fundraising efforts. Further, NRCS employees must report to their immediate supervisor any negotiations with the recipient concerning future employment and must refrain from participation in efforts regarding such parties until approved by the agency. c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes under this agreement. XI. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER a. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention developed with USDA support. b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2 months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to: Acquisitions Division Grants and Agreements Services Branch 1400 Independence Avenue, SW. Room 6823 South Building Washington, DC 20250 c. USDA receives a royalty-free license for Federal Government use, reserves the right to require the patentee to license others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States must manufacture it domestically. d. The following acknowledgment of NRCS support must appear in the publication of any material, whether copyrighted or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially based upon or developed under this award: • "This material is based upon work supported by the Natural Resources Conservation Service, U.S. Department of Agriculture, under number [recipient should enter the applicable award number here]." In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must include the following statement: • "Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Agriculture." Page 12 of 14 e. All publications printed with Federal Government funds will include the most current USDA nondiscrimination statement, available from the Public Affairs Division, Civil Rights Division, or on the USDA and NRCS home pages. If the material is too small to permit the full nondiscrimination statement to be included, the material must, at a minimum, include the statement: • "USDA is an equal opportunity provider and employer." Any publication prepared with funding from this agreement must include acknowledgement to USDA, Natural Resources Conservation Service." The recipient is responsible for ensuring that an acknowledgment of NRCS is made during news media interviews, including popular media such as radio, television, and news magazines, that discuss in a substantial way work funded by this award. XII. COST - SHARING REQUIREMENTS a. If the award has specific cost - sharing requirements, the cost - sharing participation in other projects may not be counted toward meeting the specific cost -share requirement of this award, and must come from non - Federal sources unless otherwise stated in the applicable program announcement. b. Should the recipient become aware that it may be unable to provide the cost - sharing amount identified in this award, it must— 1. Immediately notify the NRCS administrative contact of the situation. 2. Specify the steps it plans to take to secure replacement cost sharing. 3. Indicate the plans to either continue or phase out the project in the absence of cost sharing. c. If NRCS agrees to the organization's proposed plans, the recipient will be notified accordingly. If the organization's plans are not acceptable to NRCS, the award may be subject to termination. NRCS modifications to proposed cost sharing revisions are made on a case -by -case basis. d. Failure by the recipient to notify NRCS in accordance with paragraph (b) above may result in the disallowance of some or all the costs charged to the award, the subsequent recovery by NRCS of some of the NRCS funds provided under the award, and possible termination of the award, and may constitute a violation of the terms and conditions of the award so serious as to provide grounds for subsequent suspension or debarment. e. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well records of costs to be paid by NRCS. If the recipient's cost participation includes in -kind contributions, the basis for determining the valuation for volunteer services and donated property must be documented. XIII. PROGRAM INCOME Income derived from patents, inventions, or copyrights will be disposed of in accordance with the recipient's own policies. General program income earned under this award during the period of NRCS support must be added to total project funds and used to further the purpose and scope of this award or the legislation under which this award is made. XIV. NONEXPENDABLE EQUIPMENT Recipients purchasing equipment or products with funds provided under this award are encouraged to use such funds to purchase only American -made equipment and products. Title to nonexpendable equipment purchased with award funds will vest in the recipient upon completion of the award project and acceptance by NRCS of required final reports. When equipment is no longer needed by the recipient and the per -unit fair market value is less than $5,000, the recipient may retain, sell, or dispose of the equipment with no further obligation to NRCS. However, if the per -unit fair market value is $5,000 or more, the recipient must submit a written request to the NRCS administrative contact for disposition instructions. XV. LIMIT OF FEDERAL LIABILITY The maximum financial obligation of NRCS to the recipient is the amount of funds indicated in the award as obligated by NRCS. However, in the event that an erroneous amount is stated on the approved budget, or any supporting document relating to the award, NRCS will have the unilateral right to make the correction and to make an appropriate adjustment in the NRCS share of the award to align with the Federal amount authorized. XVI. MODIFICATIONS AND TERMINATIONS NRCS may amend or modify the award through an exchange of correspondence between authorized officials of the recipient and NRCS. The award is subject to termination if NRCS determines that the recipient has failed to comply with the terms and conditions of the award. In the event that the award is terminated, the financial obligations of the parties Page 13 of 14 will be those set forth in 2 CFR Part 200.339. XVII. AWARD CLOSEOUT Award closeout is the process by which NRCS determines that all required project activities have been performed satisfactorily and all necessary administrative actions have been completed. Page 14 of 14 .-------.N v DATE(MM/DDIYYYY) 4 _ ° _ R ° CERTIFICATE OF LIABILITY INSURANCE 04,27. e THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Li IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if m SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this 2 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). G PRODUCER CONTACT NAME: Aon Risk Services Southwest, Inc. PHONE (866) 283 7122 FAX (800) 363 0105 cp Houston TX Office (AJC. Na. E•q: (AJC. No 1- 5555 San Felipe ADDRE O Suite 1500 = Houston TX 77056 USA INSURER{ S3 AFFORDING COVERAGE NAIL 8 INSURED INSURER k. ACE American Insurance Company 22667 wood Group USA. Inc. INSURER B: Agri General Insurance Company 42757 173 AmPc Foster wheeler 17325 Park Row e INSURER C: ACE Fire Underwriters Insurance co. 20702 Houston TX 77084 USA INsuRER0: American Zurich Ins Co 40142 INSURER E: AIG Specialty Insurance Company 26883 INSURER F: COVERAGES CERTIFICATE NUMBER: 570070959706 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FCR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 'FM ADM SUBR POLICY EFF 1 POLICY CXP LT" A TYPE OF INSURANCE POLICY NUMBER R l(yy,pp j1 f M y LIMITS X COMMERCIAL GENERAL O Myt/p AL LIABILITY IHD0G27874265 °"31t/13130 11 019 EACH OCCURRENCE 52,000,000 CLAIMS -MADE © OCCUR App BY RIS C h EM PREMISES ESO m- 52,000,000 i - PREMISES Ice e oCCUror ennl a M EO E XP (A SS , 000 -- I BY (� (Any one penan( PERSONAL d ADV INJURY S2,000,000 0 GEM. AGGREGATE LIMIT APPLIES PER DANE *-, c , GENERAL AGGREGATE 54,000,000 POLICY ©JE 1 1 LOC W141V�■ """""""""'''''' �� ''' ��\\\ \\\\\\''''''''''��'''''''''''' Y� PRODUCTS - COMP/OP AGO S4,000,000 0 OTHER { o. A AUTOMO LABILITY L ISA H25150132 05/01/2018, 01 /31/2019' COMBINED SINGLE LIMIT 52,000, 000 m IF. a;vienty X ANY AJTO ■ BODILY INJURY ( Per person( 0 '--' OWNED "'SCHEDULED BODILY INJURY (Per a cadent) m AUTOS ONLY AUTOS HIREDAIIT01 NON-OWNED For DAMAGE m -, ONLY _„ AUTOS ONLY LPeucadentl = CD UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS UAB ^_ CLAIMS -MADE AGGREGATE DED 1 (RETENTION A WORKERS COMPENSATION AND WLRC6462S196 05/01/7018 01/31/2019 X IsEATUTE 1 1CTH EMPLOYERS' LIABILITY YIN work Comp A05 - ER ANY PROPRIETOR i PARTNER I EXECUTIVE N i E L EACH ACCIDENT S1,000,000 a OFFICER:AEMBEREXCLUDED? NIA wLRC64625202 05/01/2018 01/31/2019. (Mandatory In NH) work Comp TN E L DISEASE -EA EMPLOYEE S1,000,000 If yet deiCnbe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMB 51,000,000 --_ D Archit&Eng Prof E0C100837502 OS/01/2017 07/01/2018 Any One claim 15,000,000 r Aggregate Limit 15,000,000 mm DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 1St Additional Remark• Schedule, may be attached 11 more space le required) C� Re: Monroe County on call professional engineering services for canal planning and program management Project Start Date: Dec 14, 2016, Project End Date: Dec 13, 2020 Monroe County is an additional insured on the General Liability and Automobile Liability po''cies as required by written contract. SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED AMEC COMPANIES. _ ' _ 1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE .x„- PODGY PROVISIONS. Li= Monroe County AUTHORIZED REPRESENTATNE 1100 Simonton Street, Room 216 xey west FL 33040 USA t��c_! Gtr c.5 u ✓na Ile 7 III ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC #: ACC: Ft ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDSCRED Aon Risk Services Southwest, Inc. wood Group USA, Inc. POLICY NUMBER See Certificate Number: 570070959706 CARRIER NAL CON See Certificate Number: 570070959706 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES I f In policy belo\■ does not include limit information, refer to the corresponding policy on the ACORD certificate limn flu policy limits POLIO\ POt.IC1 INSH TIPE0F1\SIHANCE ADM. SL'BR POLICI Nt:\INEH EFFECI'I1E EXPIRATION LIMITS I,TR I \SD \1 YD DAIL DATE WORKERS COMPENSATION N/A RWCC64785825 05/01/2018 01/31/2019 Work Comp- WI OTHER E Env Site /Poll CPL12456119 05/01/2018 05/01/2019 Each Loss SS,000,000 Pollution Aggregate S5,000,000 Limit • ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC #: '4 ` ° °r ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Southwest, Inc. wood Group USA, Inc. POLICY NUM9ER See Certificate Number: 570070959706 CARRIER NAIC CODE See Certificate Number: 570070959706 EFFECTNE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured & FKA Named Insureds: Amec Foster wheeler Amec Foster wheeler E &I, Inc. AGRA Pipeline Professionals, Inc. AMEC AES AMEC Civil, LLC AMEC Construction Management, Inc. AMEC E &I, Inc. Amec Foster wheeler AES Inc. (formerly AMEC AES, Inc.) AMEC E &E, P.C. AMEC Earth and Environmental Inc. AMEC Engineering and Consulting of Michigan, Inc. AMEC Environment & Infrastructure, Inc. Amec Foster wheeler USA Corporation Amec Foster Wheeler Programs Inc. Amec Foster wheeler Constructors, Inc. Amec Foster wheeler E &C Services, Inc. (formerly AMEC E7C Services, Inc.) Amec Foster wheeler E &I, Inc. AMEC Massachusetts, Inc. Amec Foster wheeler Martinez Inc. Amec Foster wheeler North America Corp Amec roster wheeler ventures, Inc. (formerly National ventures, Inc.) AMEC NNC USA, Inc. AMEC Nuclear USA Inc. AMEC Offshore, Inc. Amec Foster wheeler Oil and Gas, Inc. (formerly AMEC Oil & Gas, Inc.) AMEC Paragon Inc. AMEC PLC AMEC Technologies, Inc. Amec Foster wheeler USA Corporation AMEC USA Holding, Inc. OEST Associates, Inc. Amec Foster wheeler Kamtech, Inc. (formerly AMEC Kamtech, Inc.) MACTEC Engineering and Consulting, P.C. North American shared Services (NASS) QED International LLC Rider Hunt International USA, Inc. Terra Nova Technologies, Inc. (TNT) Oil & Gas US, Central & South America Wood Group USA, Inc. Wood Group Alaska, Inc. wood Group PSN, Inc. Altablue, Inc. Cape software, inc. BMA Solutions, Inc. Global Performance, LLC John wood Group PLC RWG (Repair & overhauls) USA, Inc. SgurrEnergy, Inc. Ingenious, Inc. Mustang Process and Industrial Mustang international, LP Mitchell's oil Field Services, Inc. C.E.C. Controls Company, Inc. wood Environment & Infrastructure Solutions Inc. ACORD 101 (200E101) ® 200e ACORD CORPORATION, All rights reserved, The ACORD name end logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC #: "C ° °, ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Southwest, Inc. wood Group USA, Inc. POLICY (NUMBER See Certificate Number: 570070959706 CARRIER NAIC CODE See Certificate Number: 570070959706 EFFECTNE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured & FKA Formerly Known As: AMEC Foster wheeler Environment & Infrastructure, inc.(formerly AMEC Environmernt & Infrastructure, Inc.) wood Group Mustang, Inc. wood Group Kenny, Inc. wood Group Management Services, Inc. ODL, Inc. wood Group Production and Consulting Services, Inc. wood Group PSN Commissioning Services, Inc. wood Group PSN Lease Maintenance & Construction, LLC D5I Deepwater Specialists, Inc. Caliber Services, LP Infinity Construction Services, LP Infinity Maintenance Services, LP United Electrical & Instrumentation, Ltd. Brazos M&E, Ltd. Elkhorn Holdings, Inc. Elkhorn construction, Inc. Elkhorn Pipeline Services HOAD ProSafe Dynamic Services ACORb 101 (2008/01) ,• 008 A •'D •RP•RATIatt. All rights reserved, The ACORD name and logo are registered marks of ACORD