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Item D09
� D.9 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting April 15, 2020 Agenda Item Number: D.9 Agenda Item Summary #6621 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527 N/A AGENDA ITEM WORDING: Approval to rescind the Second Amendment to the Agreement for Continuing Professional Engineering and Surveying Services with F. R. Aleman and Associates, Inc. The Second Amendment renewed the Agreement for one additional year until October 21, 2020. The consultant never returned a signed Second Amendment. ITEM BACKGROUND: On October 21, 2019, the Professional Engineering and Surveying Services Agreement with F. R. Aleman and Associates, Inc. expired. The Agreement provided an option to renew for a one-year period. This Second Amendment that was approved by the BOCC on August 21, 2019 would have renewed the Agreement for one additional year until October 20, 2020. The Consultant never signed and returned the Second Amendment and therefore the amendment was never fully executed. PREVIOUS RELEVANT BOCC ACTION: 10/21/15 - BOCC approved a Professional Engineering and Surveying Services Agreement with F. R. Aleman and Associates, Inc. 4/19/18 - BOCC approved the First Amendment to the Agreement to revise the public records compliance language, include federal contract provisions, and establish a timeline for performance and cost estimating requirements. 8/21/2019 — BOCC approved the Second Amendment to the agreement that was intended to renew the Agreement until October 20, 2020. Agenda Item: C.15, Agenda Item Summary 45867. CONTRACT/AGREEMENT CHANGES: Recind amendment approved August 21, 2019 STAFF RECOMMENDATION: Rescind Second Amendment as stated above. DOCUMENTATION: Packet Pg.318 D.9 F R Aleman 2nd Amend Renewal final F R Aleman 1 st Amend. Executed F R Aleman Agreement FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: NA Additional Details: N/A REVIEWED BY: Cary Knight Completed 03/02/2020 3:56 PM Budget and Finance Completed 03/02/2020 4:18 PM Maria Slavik Completed 03/03/2020 3:01 PM Kathy Peters Completed 03/03/2020 3:19 PM Board of County Commissioners Completed 03/18/2020 9:00 AM Packet Pg.319 D.9.a SECOND AMENDMENT TO THE AGREEMENT FOR CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES This Second Amendment to the Agreement for Continuing Professional Engineering and Surveying Services dated October 21,2015, is made and entered into this 2Pt day of August 2019, by and between Monroe County, a political subdivision of the State of Florida, whose address is E 1100 Simonton Street, Key West, FL 33040, its successors and assigns, hereinafter referred to as °i e( "County", and F R Aleman and Associates,Inc.,whose address is 103005 N.W. 41st Street, Suite 200, Doral, FL 33178, its successors and assigns, hereinafter referred to as "Consultant" or "; "Contractor", WITNESSETH: 06 WHEREAS, on October 21, 2015, the County and Consultant entered into an Agreement for Continuing Professional Engineering and Surveying Services ("Agreement"), pursuant to Florida N Statute 287.055 to provide professional services for miscellaneous projects in which construction costs do not exceed One Hundred Thousand and 00/100 Dollars ($100,000.00)or for study activity E if the fee for professional services for each individual study under the contract does not exceed Ten Thousand and 00/100 Dollars ($10,000.00); and E e( WHEREAS, on April 19, 2018,the Monroe County Board of County Commissioners approved a First Amendment to the Agreement to revise language in its contracts and/or agreements for Public Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to §119.0701, to include Federal Contract Provisions, and to establish a timeline for performance and cost estimating requirements; and WHEREAS, the Agreement is valid for four years commencing October 21, 2015 and expiring October 20, 2019, and it allows for one renewal option for one additional year; E NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: a� 1. The Agreement shall be renewed for one additional one year period commencing October 21, 2019 and terminating October 20, 2020. U- 2. All other terms and conditions of the Agreement, as amended, shall remain in full force and effect. Page 1 of 2 Packet Pg.320 D.9.a IN WITNESS WHEREOF, each party has caused this Second Amendment 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 By: By: Deputy Clerk Mayor/Chairman Date: Date: (SEAL) CONSULTANT: Attest: F R ALEMAN &ASSOCIATES, INC. Witnesses to Consultant: ) 06 N Print Name Date Print Name Date .E Title: Title: Print Name Date Title: E MONROE COUNTY ATTORNEY E APPROVED AS TO FORM CHRIS AMBROSIO ASSISTANTf COUNTY TTORNEY Date: Page 2 of Packet Pg.321 D.9.b DATE: May 15, 2018 TO: Ann Mytnik, Sr. Contracts Administrator Project Management Tammy Sweeting a� Executive Assistant FROM: Sally M. Abrams, D.C. SUBJECT: April 19th BOCC Meeting Approved Agenda Item Attached is an electronic copy of the amendment listed below for your handling. 06 C24 First Amendment to the Continuing Professional Engineering and Surveying Services Agreement W with F. R. Aleman and Associates, Inc.,to revise the public records compliance language, include required federal contract provisions, and establish a timeline for performance and cost estimating requirements. Should you have any questions, please feel free to contact me at extension 3550. E �t cc: County Attorney y Finance File x Packet Pg.322 FIRST AMENDMENT TO TIIF CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING AND SURVEYING SERVICES This First Amendment ("Amendment") made and entered into this l9t' day of April 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 F R Aleman and. Associates, Inc. whose address is 10305 N W 4Is' St. Suite 200, Dora] F1_, 33178, its successors and assigns, hereinafter referred to as "Consultant" or"Contractor", Lu WHEREAS, on the 21" day of October, 2015, the parties entered into a Consultant Agreement � for Professional Engineering and Surveying Services ("Agreement"), pursuant to Florida Statute Sec. 2.87.055 (2) (g) to provide professional services for miscellaneous projects in which E construction costs do not exceed One Hundred Thousand and 00/100 Dollars ( l00,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Ten Thousand and 00/100 Dollars(`1i1+ ,000.00); and � WHEREAS, County desires to revise language in its contracts and/or agreements for Public Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to legislative revisions to §11 .0701 which became effective March 8, 2016, and any subsequent Lu changes thereto; and WHEREAS, County desires to add required Federal Contract Provisions to its contracts and/or agreements; and WHEREAS, County desires to include an article in the Agreement establishing a timeline for — performance and cost estimating requirements; and WHEREAS, Consultant agrees and consents to such revisions in its Agreement to ensure Public E Records compliance, Federal Required Contract Provision requirements" and a timeline for performance and cost estimating requirements; and WHEREAS, the parties find it mutually beneficial to amend its agreement as to the Public Records compliance, Federal Required Contract Provisions, and the timeline for performance and cost estimating requirements; and t Packet Pg.323 NOW, THEREFORE,FORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Article 9.21, PUBLIC ACCESS, of the Agreement elated October 21, 201 , shall be revised as follows with the aforementioned Consultant referred to herein also as Contractor" for this provision only:. Article 9.21 Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article , l 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 ether "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 Lu 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 prevision. Pursuant to Fla.Stat. Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Beep and maintain public records that would be required by the County to perform the service. Lu 2) Upon receipt from the ounty's custodian of records, provide tlae County witkt. 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 v, otherwise provided by law. ( ) insure that public records that are exempt or confidential and exempt from public E 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 aloes not transfer the records to the County. Upon completion of the contract transfer, at no cost, to the Count m �4) U l P p � y all public records in possession of the Contractor or keep and maintain public records that would be rewired 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 2 Packet Pg.324 D.9.b retaining public records. All records stored electronically must be provided to the County., upon request from the County's custodian of records, in a format that is compatible with the information technology systerns 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 dots 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 Section 06 119.10. Florida Statutes. LU 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 lave. � 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 05- - 47 BRADLEY- BRIAN a M NROECOUNT`"Y'-FL. OV 'It NROE COUNTY � X ATTORNEY'S OFFICE 1111 12ttr . Street SUITE 408. KEY 'VEST FL ---- -- 33040 - . Article IBC, Paragraph 9.5 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is E also referred to herein a "Contractor" for the federal Required provisions: 9.5 TERMINATION A. In the event that the: C(31v1TRAC`I"OR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty ( 0) days' written notice of its intention to do so. 3 Packet Pg.325 D.9.b C. Termination for Cause and Remedies; In the event of breach of ally contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR OR with five ( ) calendar days' notice and provide: the CON`I RACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the E Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay C ONTI AC` OR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining; in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. "l'lte maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup 06 monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 7-721 et al. of the Monroe County Code. D. 1'ermination for Convenience: The COUNTY may terminate this Agreement for m convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximurn amount due to CONTRACTOR shall not exceed the spending; cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup meanies paid under this Agreement, including; the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False LU „, lairns Ordinance, located at Art. 1X, Section -7 1 1 1. ofthe Monroe County Code. . Article Iota Paragraph 9.17 of the Agreement, is hereby amended to include the following E Federal Rewired Contract Provisions, if applicable, wherein the aforementioned "Consultant" is v, also referred to as `Contractor" for the Federal Required provisions: 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT MENT OPPORTUNITY A. CONTRACTOR 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 of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) 'Title VII of the Civil Rights Act of 1964 (131., 3-352) which prohibits discrimination on the basis of race, color or national origins ) Title IX of the Education 4 Packet Pg.326 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, E '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- ), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) 'Title VI1I of Civil Bights 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 LJSC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability, 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination oil the basis of race. color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 1 l) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the m parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Cf3P+!TRACPTOR, in accordance with Equal EaaajVot vent 01,71aortunity° (30 Fed. Peg. 12319, 12935, 3 C.F.R. Part, 1964-1 65 y Comp.,, p. 339) as amended by Executive Order 11375, Ara encling Executive Omler 11246 Relating to Equal Etnj.)h�ynient t"llalacat•t nitl), and implementing regulations at 41 C.F.R. Part 60 (Office of` Federal Contract Compliance Programs, Fqual Employment Opportunity, Department of Labor), see 2 C.I .R. Part 200, Appendix 11_, 11 C, agrees as follows: LU _J - ..The CONTRA CTOR will not d i scri rn inate against any,,.ernployee or applicant � for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. `The CONTRACTOR will take: affirmative v, action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, E sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 'The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment„ notices to be provided by the contracting officer seating forth the provisions of this nondiscrimination clause. 2) 'The CONTRACTOR will, in all solicitations or advert i sernents for employees placed by or on behalf of the CONTRACTOR, state that all qualified 5 Packet Pg.327 applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.., 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the E compensation information of ether employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. 4) The CONTRACT"OR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the CONTRACTOR'S commitments tinder section 202 of Executive Order 11246 of;September 24, � 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONTRAC'1'OR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, X and orders.of the Secretary of Labor, or pursuant thereto, and wild permit access to,,ais..loks, records, and accounts by the contracting agency-and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. v, ) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, E regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may E be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 6 Packet Pg.328 D.9.b 4.. Article IX, Paragraph 9.29 of the Agreement, is hereby amended to include the following Federal Required Contract Provisions, if applicable, wherein the aforementioned "Consultant" is also referred to as"Contractor" for the federal Required provisions: 9.29 DISADVANTAGED BUSINESS ENTERPRISE (DB,E) POLICY AND OBLIGATION It is the policy of the COUNTY that DBT's, as defined in 49 C.F.R. Dart 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 CONTRACTOR agree to unsure that DBI '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 06 and regulations to ensure that the DBE's have the opportunity to compete For and perform contracts, including but not limited to 2 C. ,R. 200.321. The COUNTY and the; CONTRACTOR TOR and subcontractors shall riot discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this � Agreement. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, V'iWOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS. m a. 11' the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §2 0,321, the y CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever Possible: 2 i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists ii. Assuring that,--small and minority businesses, and women's business enterprises are solicited whenever they are potential sources iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and wornen's business enterprises.: iv. Establishing delivery schedules, where the requirement permits, — which encourage participation by small and minority businesses, and women's business enterprises, V. Using services and assistance, as appropriate, of such organizations � as the Small Business Administration and the Minority Business development Agency of the Department of Commerce. 7 Packet Pg.329 . D.9.b .. The Agreement is hereby amended to include the following identified as Article IX, Paragraphs 9.30, 9.31, and 9.32, Federal Contract Requirements, wherein the aforernentiotied "Consultant" is also referred to as "'Contractor" for the Federal Required provisions: 9.30 FEDERAI, CONTRACT REQUIREMENTS The CONTRACTOR and its sub-contractors must follow the provisions as set Barth in 2 C.F.R. §200.326 Contract provisions and Appendix It to fart 200, as am nde , including but not limited to: 9.30.1 Clean Air Act and the federal Water Pollution Control Act. CONTRACTOR agrees to 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. 12.51-1387) and will report violations to FEMA and the Regional 06 Office of'the Environmental Protection Agency (EPA). 9.30.2 Davis-Flacon Act, as amended (40 U C° '3141-314 . When required by Federal program legislation, which includes emergency Management Preparedness Grant � Program, Flomeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program. fort Security Grant. Program and Transit Security Grant Program, all prime construction contracts in excess Of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31 13144 and 314 - y 3148) as supplemented by Department of Labor regulations (29 CFR fart 5 "Labor Standards Provisions Applicable to Conti-acts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CGNTRAcrORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of LaOqr. In addition, CONTRACTORS must w be required to pay wages not less than once a- If applicable, the COUN11"Y must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by E Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement m programs, including the Public Assistance. Program), the CONTRACTORS must also comply with the Copeland "Anti-Kickback"' Act (40 U.S.C. 3145), as supplemented by Department Of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work financed in Whole or in Part by Loans or Grants from the united States"). As required by the Act, each CONTRACTOR OR or subrecipient is prohibited from inducing, by any means, any Person employed in the construction, 8 Packet Pg.330 D.9.b completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The CCIUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C.. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these , contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of � the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.30.3 Contract Work Hours and Safcty Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, 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 C F°R Part 5). Finder 40 U.S.C. 3702 of the Act, E each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (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 forty (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 ,,pqO ,working conditions which are unsanitary, ha aid r�s, or dangerous. These irrwments.do not apply to the purchases of supplies �rial or articles ordinarily � available on the open market, or contracts for transportation or transmission of intelligence. — Under a Contract or Agreement. If the Federal award 93f�.4 Rights-to Inventions lyfade, � 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 m 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 Packet Pg.331 9.30.5 Clean Air Act (42 U.S.C. 7401 7671 c1, . Water Pollution Control Act (33 U.S.C. 1251-1387) as amended. Contracts and subgrarns of amounts in excess of$15 ,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C". 7 01-7671q) 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). 9.30.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 1.80.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB , guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.. p. 1.89) and 12689 (3 CFR part 1989 Cornp.., 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 06 regulatory authority other than Executive Order 12549. 9.30.7 Byrd Anti-Lobbying Amendment 31 U.S.C. 13,� . 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 a an person or organization for influencing or attempting= to influence an officer or E py 'any �,` p � 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 C .S.C. 1352. Each tier must also disclose ally � lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded frorn tier to tier up to the non-Federal award. a X LU 9.30.8 C e with rocurement of recovered materials as n CF 20 .322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining; a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded 10,000; procuring solid waste management services in a manner that maximizes energy and resource E recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a 10 Packet Pg.332 reasonable price. (2) Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www,epa. ov/smm/coinprehensive-proctireinent-guideline-c -pro x`anl. 9.30.9 Americans with Disabilities Act of 1990 (ADA) as amended. The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.30.10 The CONTRACTOR shall utilize the U,S, Department of Homeland Security's E-Verify systern to verify the employEnent eligibility of all new employees hired by the CONTRACTOR during the terra of the Contract and shall expressly rewire any subcontractors 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 06 the employment eligibility of all new employees Erred by the subcontractor during the Contract terra, cv 9.30.11 Fraud and False or fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap, 38 (Administrative Remedies for false Claims and Statements)applies to the CONTRACTOR'S actions pertaining to this contract. � 9.30.12 Access to Records, The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the F EMA W Administrator, the Comptroller General of the United States, or any of their authorized � representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making LU audits,examinations, cerpts, and transcriptions. ( ) The CON1 - 4OR agrees to permit any of the foregoing parties- produce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the F MA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 9.30.13 Federal Government not a party to contract. CONTRACTOR acknowledges that the federal Government is not a party to this contract and is not sub ect to any obligations � or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract.. 9..30..14 Department of Homeland Security f DHS) Seal Logo and F lap. The CONTRACTOR shall not use the D1-IS seals), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval, 11 Packet Pg.333 D.9.b 9.30.15 Compliance with Federal Law,. Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance will be used. to Rand the contract only. The CONTRACTOR will comply will all applicable: federal law, regulations, executive orders, FEMA policies, procedures, and directives. 9.31 The CONTRACTOR is bound by the terms and conditions of the federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency 2 Management(Division), 9.32 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S ACTOR°S performance of work gander this Agreement, to the extend allow and required by law. 6. The Agreement is hereby amended to include the fallowing identified as .,Article I , Paragraph 9.33, Time for 11'erformance/Baseline Schedule/Cost Estimates: 9..33 TIME FOR PERFORMANCE/BASELINE SCHEDULE COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. y The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below; E 9.33.1 SCHEDULING REQUIREMENTS n 1. Baseline Schedule E 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. E 2. Monthly Schedule Update 2.1 Jhe CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the. Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is 12 Packet Pg.334 D.9.b no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th)day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.3 In the event that milestone dates are compromised for any reason, the C ONSUl,TANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. "i"lre schedule , review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 06 2.4 The COUNTY will evaluate the schedule review and assessment results as , reported by the CONSULTANT LTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the baseline Schedule. if it is determined that ail adjustment to the baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management E practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions � into the monthly schedule update report. 2.5 The COUNTY reserves the right, but does not assume the obligation. to intercede t any time should the CONSUI�'lrv" l�� ,ail tee er�tortsfr�te the ability to progress the. project in accordance with Aha- ilestone.dates established in the baseline Schedule. Such action on the part of the CONSUL'i-ANT shall be considered non- performance and the COUN"I"Y shall have all rights to seek remuneration and other damages as provided for in this agreement and the laws of the State of Florida. 3. project Development process 3.1 Preconstruction activities should at a minimum include the following elements as m applicable. PROJECT DEVELOPMENT PROCESS 13 Packet Pg.335 Task Name Milestone Comments Date Contracting Phase Issue Notice to Proceed Programming and Resign Phase Submit final BCD and CPR BOCC Approval of Pro;rammin a Document - Conduct Site Plan Meeting Submit Site Plan for Approval Receive Site Plan Approval Approved Schematic Des i Documents Approved Design Develo ment Documents (30%) A roved 0%Construction Documents Approved 90%Construction Documents Approved 100% Construction Documents 06 Bid and Permit Phase A roved Buildin� Permits , Posting of Notice of Request for Competitive Solicitation Conduct Pre-Bid Meeting Bid Opening � BOCC Approval of Construction Contract Issue Notice to Proceed to Construction Contractor Construction. Phase y Conduct Pre-Construction Meetin °' Obtain Substantial Completion Obtain Final.Completion Process Final Closeout Documents E 3.2 The duration of the Contract should extend through the issuance of Notice to Proceed to the construction contractor as part of the normal project development process. 9.33.2 COST ESTIMATING REQUIREMENTS — 1.1 Baseline Cost Estimates 1.1.1 Following the Notice to Proceed for this Contract, the CONSUL,TANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a lintel Baseline Cost Estimate. 14 Packet Pg.336 D.9.b .1 Cost Estimate Updates. .1.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 0% completion, 90%r, completion, the completion of the final design effort, and after any significant cant changes in the scope of the project as defined in this Contract. 2.1,2 In the event that the Baseline Schedule is suspended or delayed in any manner, — additional updates of the Baseline Cost Estimate will be required at six (h) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 7. All other terms and conditions of the Consultant Agreement for Professional Architectural and Engineering Services dated October 21, 2015, shall remain in full force and of `ect. IN WITNESS WHEREOF, each party has caused this First Amendment to be executed by its duly authorized representative on the day and year first above written. � (SEAL) BOARD OF COUNTY COMMISSIONERS E Attest: KEVIN MADOK, Clerk. OF MONROE COUNTY, FLORIDA By: �Uh 1A KS By: Dep ty Clerk Ma hairman Date: CA I a 115 Date: 0H. l 1 (SEAL),-, Attest. F R ALE A ANDS ASSOCIATES, INC. r lsses tjonsulta By: �V-J� X int Name Date Print Name Date 13 e. .' C s 1 .. ~ h t w ., 'Title: l 7-7 w nt Nate v: Date le. t ONROE COUNTY ATTOR lEY's OFFICE >... C= PATRICIA SALE ASSISTANT COUNTY A R EEY 15 DATE; Packet Pg.337 FRALEMA- I�VI RTid� ,+ + ►° CERTIFICATE OF LIABILITY INSURANCE � aAT�I� _ 0510312018 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, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights tO the certificate holder in lieu of such endorsements). PRODUCER CT Ileana Martinez Anderson& Taco Insurance Consultants PHONEFax - 3350 South Dixie I a ll ay t cm No. s:(3DS)SSS-0600 �lac NQI NI 27A-16ST _.. Miami,FL 33133 .Irnartlne ndelon acOb ,corm _-- IN30REI RI AFFORDING COVERAGE —,NAIC 0 NI UR RA ALLIED INS CO _.__.._.. 36528 _ INSURED INSURER a:UNDERWRITERS AT 1-0i ,S LG)ND N 16792 F R Aleman S Associates Inc. INSURER C 10305 NW 41st Street m ._......a.d Ste#200 INSURER D Miami,FL 33178 INSURER E; _ m F COV RAGES _ C RTIFICATE NUMBER �- REVISION U) THIS IS TO CERTIFY THAT THE. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 06 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERRA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN THE. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CD EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR .. F ADDL.6VeR POUCY FE'F POLICY E P TYPE of INSURANCE POLICY NUMBER 1. mm....LlydlT'R A X COMMERCIAL GENERALLIARILMY' r,....,g.., 1,000,000.. CV CLAIMS AIACSE CATEN ©O RENTED S 30A,0A 0)X ACP3036461755 1213112017 12/31/2018 V Y lMANAGEMENT I,tEIa ExP iA Iy Ana � � 5,000 GENTAGGRE ATE L) IT AI�PUES PER E� I 4 � ���FR nC�IZEr�ArER� � � 2„OW,000 � T � -COMPIOP ACC s s 2 0A0 A0A� u-0___� CIttlEia A COEI�EO SINCLe LlFd[T ��T�. . _ 1 AUTOMOBILE LDANILIT$° I 1,AA0„AA0 ._ ANY AUTO X ACP3,036461755 1213112017 1213112018 BDDI Y nNJ RY Per„ rsari � tIUTO AUTSCHOS 80DILY NJEJRY Parasxllauk AUTOS ONLY AUTL7$ .W. HI�{�[� N jnnli�ry PRr7PERTY DAMAGE .__._._, .. ..,.�.. AU flra N ATfIS�i I>er as� r t - .... UMBRELLA LiAs X 011-C .gH OCCURRENCE 5„A00,00I?..... I E:+s � aX EXCESS IaAa CI A.MS ImwAE E X CP3036461755 1213112017 1213112018 —AGGREGATE $ 6,000„000 DELI RErEN' s WCdRItER$ IMPEMSATIRN PER I1TH- - - - AND EMPLOYERS UAaILITY Y I 7 ANYPRO-PRIETORIPARTNERIEXE,CIITIVE -" G7 �iCE�g M R EXCLUDED? � N d A � EACH ACCIDENT e ndafi 'MJ. iI E.L D18EASE EA EMPLOYE � FI yes,d�escAbe� - Di RIPTION OF OPERATflN$belt�r e.. _ _ E,_l, D1$EASE-P0tEC"Y HT S N B ProfiLlability _.__ X FEI-AEP-10986 0410112018 0410112019 Aggregate 2,000„000' r B ProflLiability X FEI-AEP-10986 041011 018 0410112019 Per Occuffence 2,000,000 DESCRIPTION OF OPERATIONS I LOCAnONS t VEHICLES$ACORID 101,.Additional Remtarks he4u*,may be attacted 11 more space Is requ&redl Certificate Molder Is listed as an Additional Insured; Monroe County Project Management 1100 Simonton Street Room 2-216 Key West,FL 33040 CERTIFICATE MOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS, 1100 Simonton Street Room 2-216 Kerr West,FL 33040 AUTHORLUD RE PRESE NTA TIVE r ACORD 25(2016103) 1988-2016 ACORD CORD RATIGIRi. All rights reserved, The ACORD name and logo are registered marks of ACORD Packet Pg.338 D.9.c AGREEMENT FOR CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES This Agreement("Agreement")made and entered into this 21"day of October, 2015 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 F R Aleman and Associates Inc., whose address is 1034 NW 41st St. Suite 200 Moral FI 33178 its successors and assigns, hereinafter referred to as"CONSULTANT", W ITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT pursuant to section, 287.055(2)(g) Florida Statutes, for various County Projects 06 located in Monroe County, Florida and; WHEREAS, the employment of the CONSULTANT serves the appropriate public purpose of providing professional engineering and surveying services to Monroe County; and WHEREAS, CONSULTANT has agreed to provide professional engineering and surveying services for work of a specified nature as outlined in the scope of basic services described in Article Two of this contract and to be additionally specified in each individualized task order required by the COUNTY in which the estimated construction costs of each individual project under the contract does not exceed $100,000.00 or for each individual study activity where the fee for N professional services under the contract do not exceed $10,000.00 per task order. The professional services required by this Contract will be for services In the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter,with options for the County to renew for one additional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT.Task Orders will contain a specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. W The terms and conditions of this Agreement shall apply to each individual Task Order, except to the extent expressly modified by the Task Order. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: Packet Pg.339 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES FORM OF AGREEMENT ARTICLE 1 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. 06 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 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 N 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. z Packet Pg.340 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION The CONSULTANT will perform for the COUNTY services as described below in sections 2.1.1., 2.1.2, and 2.1.3 and in individual task orders in accordance with the requirement outlined in the Agreement and the specific Task Order. 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. 2.1.1 REQUIREMENTS All services shall be performed in compliance with Industry standards and all federal, state, and 06 Ch local laws, ordinances, and regulations including Environmental Protection Agency(EPA), Occupational Safety and Health Administration(OSHA), American Standards for Testing and , Materials(ASTM), and Florida Building Code. The Services to be provided include but are not limited to the following: a. Evaluations, investigations, analysis, recommendations, cost and time estimates, testing, reports, studies, designs, preparation of documents,filed inspections, and investigation. b. Professional involvement throughout all phases of the project including but not limited to development of programs, preparation of reports, periodic progress reports, meetings, process of invoices, timely processing of project correspondence, contractors requests for payment, and materials and equipment submittals. N c. Other types of professional services and nonprofessional services of a nature consistent with the intent of the contract as so directed by Monroe County. 2.1.2 SERVICES Over the life of this contract, it is expected that Monroe County will require various services such as the following(inclusions of any number of these services and their priority will be established by each individual task order): a. Surveying Field investigations, site plans, record plats, AutoCAD, limited hydraulic modeling, and all associated engineering work applied by a related task order, b. Easement plat descriptions, surveys, negotiations, appraisals and acquisition services, c. Preliminary Land Planning services including land use entitlements, permitting, and wetlands and environmental assessments, d. Geotechnical engineering related to the task order, e. Utility locations using conventional GPS techniques. f. Development and integrations of data into Monroe County's Geographic Information System, including surveys of existing and new facilities, g. Design of repairs to existing county systems and facilities h. Feasibility Studies and engineering economic analyses related to the task order, and I. Peer review services 2.1.3 SPECIFIC REQUIREMENTS OF TASK ORDERS 3 Packet Pg.341 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES a. The CONSULTANT shall be available for consultation with Monroe County staff on an "as- needed" basis between 8:00am and 5:00pm Eastern Standard Time, Monday through Friday. b. The CONSULTANT shall be required to respond to the task order requests upon communication with Monroe County Staff within 48 hours upon initial notification. If the CONSULTANT does not respond within 48 hours of the initial request Monroe County may proceed to the next CONSULTANT for services. c. The CONSULTANT will provide a written proposal in the form of a Proposed Task Order consisting of anticipated total labor hours, a preliminary schedule, and project design team. d. A Task Order should include at a minimum the following phases. 1. Preliminary Report Phase 2. Design Phase 3. Permitting Phase 4. Bidding Phase 5. Construction Phase e. No compensation shall be paid to the CONSULTANT for the preparation and delivery of Task Order Proposals. f. Monroe County reserves the right to request additional information as determined 06 necessary prior to commencing negotiations for each task order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES N 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: Mr. Doug Sposito 0) Director of Project Management 2 1100 Simonton St. Suite 2-216 Key West FL 33040 And: Mr. Roman Gastesi, Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Frank Paruas PSM 10305 NW 41s`St. Suite 200 Doral, FL 33178 4 Packet Pg.342 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not Included in the Scope of Basic Services or on any individual Task Order. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. T 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested additional services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested additional 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 COUN 'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 0) 4.4 The COUNTY shall furnish the required information and services and shall render 2 CD 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 TICLE V INDEMNIFICATION AND HOLD HARMLESS 5 Packet Pg.343 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES 5.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall indemnify and hold the COUNTY and the COUNTY's elected and appointed officers, employees and agents harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees and the property owner upon which the work is performed from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the indemnifying party in the performance of the construction contract. In the event that a court of-competent jurisdiction determines that the provisions of F.S. 725.06 and/or F.S. 725.08 apply to this Agreement then, the CONSULTANT shall Indemnify and hold harmless COUNTY, and the COUNTY's elected and appointed officers, employees and agents only to the fullest extent authorized by said statutes. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of 06 action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement. 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 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 0) expenses resulting from such delays. Should any claims be asserted against COUNTY by 2 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 E 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 ICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: 6 Packet Pg.344 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES NAME FUNCTION 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 V11 COMPENSATION 06 7.1 PAYMENT SUM LU 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement based on the hourly rates outlined in Attachment B or as agreed upon lump sum fee, which will be defined in each specific task order. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT's duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT's invoice shall describe with reasonable particularity the service rendered. The CONSULTANT's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES Reimbursable expenses are not allowable under this agreement unless specifically allowed under separate Task Orders. Allowable Reimbursable expenses will be separately identified in each task order and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of section 112.061, Florida Statutes and Monroe County Codes. 7 Packet Pg.345 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. 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 06 failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. N 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. 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 $100,000.00 per Accident, $500,000.00 Disease, policy limits, $500,000.00 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 $50,000.00 per person, $100,000.00 per Occurrence, $25,000.00 Property Damage or$100,000.00 combined single limit. 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 a $300,000.00 Combined Single Limit. 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 8 Packet Pg.346 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Engineers Errors and Omissions Liability insurance of$250,000.00 per occurrence and $500,000.00 annual aggregate. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. F. COUNTY shall be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its 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. 06 H. 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. I. If the CONSULTANT participates In a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS CD 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 0) 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 9 Packet Pg.347 CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES 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. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS 06 This contract consists of the Request for Qualifications, any addenda, the Form of , Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents cV referred to in the Form of Agreement as a part of this Agreement, all attachments, and modifications made after execution of this Agreement by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to E public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, 2 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. 10 Packet Pg.348 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsuitant Is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized 2 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 Section 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. 06 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 151r' Judiclal Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary a procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY Q 2 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 claim, 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, and court costs, as an award against the non-prevailing party, and shall Include attorney's fees, and courts costs in appellate proceedings. The parties agree that the COUNTY, at its sole option, shall have the sole authority for the direction of the defense II Packet Pg.349 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES of any claims, causes of action or other proceeding, shall have the authority in its sole discretion to choose its attorney and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the COUNTY. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, 06 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. cv 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this W Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and E 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 12 Packet Pg.350 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES 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 06 apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST cv 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 0) of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT E 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. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and Inspection of, all documents, papers, letters or other materials in Its possession or under its 13 Packet Pg.351 CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. The CONSULTANT is required under Chapter 119, Florida Statutes to: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that Is LU compatible with the information technology systems of the public agency. 9.22 NON-WAIVER OF IMMUNITY E Notwithstanding the provisions of section 768.28, Florida Statutes, the participation of the E 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, N nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 14 Packet Pg.352 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES 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 9 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 E counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 15 Packet Pg.353 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly d representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA � se1M+#r.. 10� By. By. Deputy Clerk Mayor/Chaff r Date: o Date: 06 Ch ru (Seal) CONSULTANT 00 Attest: FIR Aleman and Ass* tes,Inc. � .re BY: r t B Amazia i, ib ko,PE, PTOE E y , Title: -,+ Title: Vice President 3 l _ Date: d l� Date: 10/07/2015 W STATE OF FLORIDA Q COUNTY OF On this day of 2015, before me ,the undersigned notary public, personally appeared, known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the purposes therein contained. Notary Public Print Names My commission expires: OZ112-IZVIS Seal Julia F, Boyce END OF AGREEMENT -COUNSSiM#FFOW37 . 'Expires: FEB.12.2018 www.AmmNorm%= 16 Packet Pg.354 D.9.c CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES ATTACHMENT A NOT USED Lu 06 c w 17 Packet Pg.355 D.9.c ATTACHMENT "B" PROPOSED PERSONNEL RATES - F.R.ALEMAN AND ASSOCIATES,INC. MONROE COUNTY-Continuing Professional Engineering&Surveying Services Basis of Pro osed Rates: A. Actual Salary Rates Consultant FEID# Overhead FCCM Op.Margin Direct Expenses F.R.Aleman and Associates,Inc. 59-2751524 158.12% 0.190% 30% 29.04% Propcsed 3.0% Annual Date of Increase: December 31 rst Annuallnflationar Rate: -• 0 0 0• • 1 1 1 1 1 Yvette A.Aleman, PE Principal in Charge $144.23 $148.56 $153.01 $157.60 $162 33 Fernando Gatell, PSM QA/QC 06 $51,50 $53.05 $54.64 $56.28 $5Z,96 Ch Frank Paruas, PSM Project Manager $40,00 $41.20 $42A4 $43.71 $45.02 cV Dennis Stanton Sr. Utility Specialist $50,60 $52.12 $53.68 $55,29 $56.95 m Rita Timmens, PSM Project Surveyor $30.00 $30.90 $31,83 $32.78 $33.77 Carlos Cuenca Surveying Intern $35.00 $36.05 $3713 $38.25 $39.39 E Ivan Larrinaga Field Supervisor $27.50 $28.33 $29,17 $30.05 $30.95 Julio Delgado CADD Tech $21.00 $21.63 $22.28 $22.95 $23.64 y Ana Perurena CADD Tech $%50 $20.09 $20.69 $21.31 $21.95' Patricia Garcia P. Technician $12.50 $12.88 $13.26 $13.66 $14 07 W -- - Jaime Labrada Party Chief $22.00 $22.66 $23.34 $24.04 $24.76 Luis Acosta Party Chief $20.00 $20.60 $21.22 $21,85 $22.51 Ahmed Machado Jr. Party Chief $17,00 $17.51 $18.04 $18.58 $19.13 -- m Tony Cortes Jr. Party Chief $17.00 $17,51 $18.04 $1&58 $19.13 Sergio Truebas Instrument Person $12,50 $12.88 $13.26 $13.66 $14.07 Juan Carlos Madrigal Instrument Person $12.00 $12.36 $12.73 $13.11 $13.51 m Ivan Marti Utility Locator $26.00 $26,78 $27.58 $28.41 $29.26 Antonio Diaz Utilty Technician $21.00 $21.63 $22.28 $22,95 $23.64 I hereby certify that the wage rates listed are the current actual wages paid to the respective employees as of date. Eva Francisco Chief Financial Officer Packet Pg.356 D.9.c - PATE ACAM. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORNIATION A1��t90A i JACOAl' rSSI7 CO ONLY AND COWERS SO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFKATE DOES NOT AWIEND, EXTEND OR 7853 aW 104TH Sl`"Jtr ALTER COVERAGE AfFORDED 6Y THE POLI{,'Iso BELOW, 8D7TY E100 YIABZ FL 33156 INSURERS AFFORDING COVERAGE NAIC i F R AGIDM A ASSOCZATZO SDIC. wsum A: JVLTTONNWM 5N8 CO OF AMXCA 25053 10305 BIN 41ST SMBT INSUREN gym: rjt*MHDRZ SPR'CZALTr ZW Co 13866 ST30200 INSURER C: FL 33178 INSURER D: FRAL00 WGURIA Ez CGV A ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T14E INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEM NOTWITHSTANDING E ANY REOUIREMENT.TEM OR CONOMN OF ANY CONTRACT OR OTHER OCICUMENT WTTH RESPECT TO WHICH THIS C9ffMATE MAY BE ISSUED OR MAX PERTAIN,THE INSURANCE AFFORDED SY THE POLICIES OESCMEO HEREIN IS SMECT TO ALL THE TI MS,EXCLUSIONS AND CONDMONS,OF SUCH POLICNES.AG TE S SHOWN MAY HAVE BUN REDUCED BY PAID CLAIMS. ramumm A UAMUTY ACP30064i1755 12/21/2014 12/31/2013 EACH OCCIS UNCE Imn1 1000000 Y C WrSILITY I 300000 CLAIMSMADE OCCUR M'EOSSAw / 50000 iAOYNI,lLOdY 1 1000000 � GBIERAL AOQKQATE 1 2000 000 WNL AGWGATILWMTAPPLIESM. NIOPUM-COMWDrAO 1 2000000 06 A AUTOMOOKSURNUMacr9Oias17Sf-2 12/31/2014 1213112015 COMB lEDNNOU[U UT 1 r- ANYAuro amdcc w4 - 1000000_ ILI ALLOWNWAUfOS 0001LYINJURY 1 X SCHEDULED AUTOS IM PrW^I GEMENT X OWED AUTOS LS)A RY .X oa*owNwAUTOS 1 FROM V DAMAOE 1 � IrrwdM�D GARAGE UA@LnV AUTOOKY-EAACOONIT 1 - ANYAUTO OTIIRTHAN EAACC 1 _ --- AUTOONLY: AOO 1 - N A gxCUSAWMARLA UASHM ACMOO"9175S-1 sZ/31/2a10 12/31/2015 EACH Pccumamr. 0 5000000 x OCCUR CLAMISMADE A00REDATE -1 5000000 1 _ DEOUCTow 1 R IISTTlmoN 10. �A 1 NYORSeI/- TIONAND tCD eMKOYW UADUJTT LL EACH ACCIDENT / AM PROMI OFRCW EXESCCLLUDI�PI ESE E.L.OWAW-EA IWWVEE_I. lfvm www OISlASE-POUCYUYR I/ A OTHER 0022SISOO 04/01/2013 00/0112016 JPKR OCCURAZIPCE 2,000,000 03 PROFSSSSOiM LIAAILIT PER AQGRBGATZ 2,000,000 - - u- DUCMP"MDFCMAMMILWATN JVE WUMIDICLUSIONSADPN yRfECIAL AfoJMoZ COGIRTY AMC IS LISTRD AS ADDITIOAAL ZMURm. Rgs cozffx UxXo SAAVICAA CORMCT. CERTIIIRICATE HOLM CAII#CEI.LATION - VAOUW ANT Of THE AloVa DUMWD POU=SE CANCOARD KFM TM VWFATIf A[ORRON COUNTr BOARD OF COpXPY COI0(X"XOXZZff DATE THMM,THE HIOAM/DgUR01 WNt MWAVOR TO MAD.30 DAYIx vmrrm 1100 mzxommm 8T NOT=TO THE CH MICATE HOLDe NAMED TO THE LOT.EUT FAIUM TO DO DO NMLL RSY WZ97, FL 33040 NO ODLIOATWu OR NASNITY Or ANY AM UPON TM UISURM ITS ACOM OR 010"MUNTAITWIL AUTHOMM ASPRIMINTATIVE IlD ACORD 25(20011061 ' CO 1586 Packet Pg.357