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Item C27
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 16, 2014 Division: Public Works/Engineering Bulk Item: Yes X No Department: Project Management Staff Contact Person/Phone Kevin Wilson X8797 AGENDA ITEM WORDING: Approval of a Task Order with CDM Smith for Resident Professional Representative (RPR) Services during construction of the Marathon Airport Customs and Border Protection facility. This project is funded by an FDOT grant and airport funds. ITEM BACKGROUND: The FDO'T is requiring RPR Services from an independent company to oversee the construction of the Customs and Border Protection facility, CDM Smith is one of our On- Call Professional Engineering Services Consultants with an annual contract effective in January 2014. PREVIOUS RELEVANT BOCC ACTION: On January 16, 2014, the BOCC approved an On Call Professional Engineering Services continuing contract with CDM Smith Inc. for miscellaneous projects in which construction costs do not exceed $2,000,000.00. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $126,6 8.00 INDIRECT COST: —BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY:-$63.344 SOURCE OF FUNDS: FDOT &.Airport funds REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty � A/P u r c F1a:,5i/i i g Risk Management DOCUMENTATION: Inel uded X Not Required.............................. DISPOSITION:. AGENDA ITEM# ,Pt' 7 Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: CDM Smith Contract-# Effective Date: 07/16/14 Expiration Date: ........ ...................... Contract Purpose/Description: Resident Professional.R2eresentative Services q!Et�g..construction of the Marathon .-Ai Mort Customs & Border Protection Terminal ......-......... .......... .......... ......................................................... ................ Contract Manager: Ann Ri er X4439 Project MgTt top 1 ................... (Name) (Ext.) (Department/Stop for BOCC meeting on 07/16/14 Agenda Deadline: 07/01/14 CONTRACT COSTS Total Dollar Value of Contract: $ 126,668.00 Current Year Portion: $ 75,000.00 ............. Budgeted? Yes® No D Account Codes: r 7 got, ) Grant: $ .......... County Match: $ ............... ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (,Not included in dollar value above) (eg' maintenance,utilities,Janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Re W(-"r Division Director Yes[] No—Z ............ OE] 'i Risk Management Yes N E FA 0 3 O.M.R/PuSasing 71,44LtIA YesD Nog Count Attorney Yes[ Nop �° -r)E zuz Comments: OMB Form Revised 2/27/01 MCP#2 McMWCOU* TASK ORDER FOR RESIDENT PROFESSIONAL REPRESENTATIVE SERVICES FOR Marathon Customs FadI! In Accordance with the Continuing Contract for On,Call Professional Engineering Services made and entered Into on the le day of January 2014, by and between Monroe County, hereinafter referred to as "County", and CDM Smith, Inc., hereinafter referred to as'Consultant", where professional services are allowed If construction costs do not exceed $2,000,000.00. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to this Task Order. unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Task Order is effective on the 161day of July.2014. In accordance to Article 2.1 of the original Contract for On Call Professional Engineering Services, the Scope of Work shall be described as follows: A. SCOPE OF BASIC SERVICES I. RPR QualMeations 1.1. The RPR may be an employee or contract employee of CDM Smith 1.2. The RPR must have field experience in the type of work to be performed; be fully qualified to make Interpretations,decisions,field computations, etc.;and have knowledge of testing requirements and procedures. The resident engineer or inspector must have the authority to reject both unsatisfactory workmanship and materials. 1.3. The RPR must have experience as a construction foreman, construction superintendent, construction engineer, or RPR on at least two projects similar to the type, complexity and size of the project on which the candidate will be performing for Monroe County. 1.4. At least thirty calendar days before the date on which construction is scheduled to commence,the RPR's resume shall be submitted to Monroe Marathon Airport Customs dt Border Protection �_...... _ _ . Page 1 of 15 Apt monw, Enghwajog 1100 Siwo 16 hoject MAMOMOM County Project Management. If MC Project management and Monroe County Airport Management agree that the candidate meets all of the described qualifications,they shall approve the candidate for the position of RPR. If either believes the candidate does not possess the required qualifications or objects to the candidate for other reasonable reason the nomination shall be rejected. 1.5. If the MC Project Management and Monroe County Airport Management become dissatisfied with the RPITs performance during the course of construction, CDM Smith shall meet to determine if corrective action should be taken or If the RPR should be replaced. 1.6. CDM Smith will provide a qualified construction Resident Professional Representative engineer to observe that the construction is carried out in reasonable conformity with the contract documents and In accordance with the customary practices of professional engineers and consultants. The resident engineer will be available for both full-time and part-time construction observation services during the 240 calendar day duration of the project as required by the nature of the ongoing construction activities. 1.7. For budgeting purposes,the Resident project representative(RPR)will provide construction observation during the anticipated twenty-eight(28) weeks of actual on-site construction during the two hundred and forty (240)day construction period. These services will include: Five(5)-six(6) hour days per week by the RPR(up to 140 business days)including startup services and substantial and final acceptance walk through. The resident engineer will also be available for eight(8)hours to attend the final Inspection. Variations to this proposed man-hour distribution may be necessary as the work progresses but must not exceed 840 man-hours. Additional man-hours for the resident engineer must be addressed by a supplemental agreement. Further,the CONSULTANT will attend special meetings with County staff at the request of the COUNTY from time to time(budget assumes a maximum of six(6)meetings). Marathon Airport Customs&Border Protection _ Page 2 of 15 .... x MOUM COS Enghweaus : 1100&M0 2-216 Key Won,FL 33040 1.8. The RPR is CDM Smith's agent at the site, so the RPR reports directly to CDM Smith. As a licensed Florida Professional Engineer, CDM Smith accepts professional liability for the RPR's work. 2. Length of Service 2.1. The Consultant services for the Construction Contract shall begin upon written notification to proceed by County. 2.2. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work.While no personnel shall be assigned until written notification by the County has been issued,the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project the Consultant shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. 2.3. For estimating purposes,the Consultant will be allowed an accumulation of thirty working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and thirty calendar days to demobilize after final acceptance of the Construction Contract. Construction Contract Estimate Bid Date Start Date Duration June 5th,2014 August 15th, 2014 240 days 3. DEFINITIONS: Resident Pro%sslonal Engineer: The Engineer assigned to a particular Project or area to administer Construction Contracts for the County. Construction Project Manager: The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. Marathon Airport Customs 6t Border Protection Page 3 of 15 Momm Courty Eoghmmstao Xey w? cs� FL 33040 Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. Agreement: The Professional Services Agreement between the County and the Consultant setting forth the obligations of the parties thereto, including but not Ilmited to the performance of the work,famishing of services, and the basis of payment. Consultant Senior Project Engineer. The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects.This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. Consultant Project Adminlatrator: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services one or more Construction Projects. Contractor. The individual,firm,or company contracting with the County for performance of work or furnishing of materials. Construction Contract: _The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the peft"nance of the work, furnishing of labor and materials, and the basis of payment. County: Monroe County Board of County Commissioners. 4. REQUIREMENTS 4.1. It shall be the responsibility of the Consultant to administer, monitor, and Inspect the Construction Contract such that the project is constructed In reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. 4.2. The Consultant shall observe the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. 4.3. The Consultant is hereby designated by the County to negotiate Supplemental Agreements. However,the Consultant must seek input from the Construction Project Manager.The Consultant shall prepare the Marathon Airport Customs&Border Protection Page 4 of 15 a, Mow"c6u* 1100 ShwaWn SUVd.2-216 Key Wask FL 33040 PM*t Supplemental Agreement as a recommendation to the County,which the County may accept, modify or reject upon review.The Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action or direction. 4.4. The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for the satisfactory performance of the Constriction Contract. 5. Technical Observation of Construction 5.1. The RPR's point of contact with the contractor shall be the Contractor's project superintendent. 5.2. The RPR will be available to meet with the representatives of the Owner, Contractor, the FAA,the state, and other interested parties at the project location. 5.3. When clarifications and interpretations of the contract documents are needed,the RPR shall consult with Architect. If the Contractor makes vernal Inquiries,the RPR may respond vernally but roust document the question,and answer In the written daily report, if the contractor submits a written RFI,the RPR shall forward the RFI to the Architect and Monroe County Project Management for a formal response.. 5.4. The RPR will monitor and document the Contractor's sub-consultants and personnel who are performing on-site testing, surveying, or other project related services. 5.5. The RPR shall review the progress schedule prepared by the contractor, but the contractor has sole responsibility for preparing and executing the schedule. 5.6. The RPR will monitor and coordinate the constructlon progress;will coordinate with the Contractor, Monroe county Project Management, and the Architect;will provide construction oversight to ensure that the work is proceeding according to the construction contract documents;and will Marathon Airport Customs&Border Protection _ _ Page of 15 tam r 1 00 SimerAou 3uvo,,2- t d Key Wot,FL 35040 Paa�aat notify the Architect and Monroe County Project Management If problems, disputes, or changes arise during the course of construction. 5.7. The RPR shall review the contractor's red-lined as-built drawings at least once each week to confirm that they are being maintained properly. The RPR shall again review the contractors -lined as-bullt drawings,as a condition of approving the contractors monthly pay application. 5.8. The RPR may not authorize extra work, Issue work directives,or issue change orders.After consulting with Monroe County Project Management,the RPR shall prepare draft charge orders and work directives. The RPR shall)then deliver draft copies of change orders and work directives to the Monroe County Project Management for review and approval. The RPR shall then finalize change orders and work directives and forward them to the Contractor. Change orders and work directives shall not be Issued by Monroe County Project Management without Consultants involvement. 5.9. The RPR shall attend construction phase meetings with the Contractor. The RPR shall prepare draft minutes of the meetings and submit them to Monroe County Project Management within two workdays. If Monroe County Project Management agreas with the content of the minutes, Monroe County Project Management shall initial the minutes,file them in his project record file,and send'a copy of them to the RPR. If the content of the minutes cause the Monroe County Project Management or the RPR concern, he may call for a subsequent meeting that he shall attend. 5.10. The RPR will prepare and maintain cost estimates and construction quantity estimates for use in preparing monthly payment reimbursement requests and for monitoring the progress of the Contractor's work. The resident engineer will prepare daily construction progress reports of the construction activitles that are observed and will submit the reports to Monroe County Project Management for review. The resident engineer will prepare monthly construction summary reports of completed work that has been accepted and approved by the RPR and will submit the reports to the Monroe county Project Management for review. 6. Expenses 6.1. The RPR may incur and will be solely responsible for project related expenses during the course of the technical observation of construction phase of the work which may Include but will not be limited to: meals, Marathon Airport 04stoms&Border Protection Page 6 of 15 m„ 1100 SbVe 2-2t6 Key WFL 33040 PWJW A4aaW lodging, mileage, tolls, overnight shipping, blueprints, photocopies, photographic materials, equipment rental, survey materials, long distance telephone calls from the field, and miscellaneous vendor invoices and hotels. These expenses will be included In CDM Smith's contract with Monroe County. 6.2. Outside Services-The RPR may incur certain project related costs during the technical observation phase of the work in the form of geotechnical sub-consultant costs for quality assurance testing of construction materials and practices. These costs if any will be included In CDM Smith's contract with Monroe County. 7. Duffs 7.1. The RPR shall conduct on-site observation of the Contractor's work in progress to assist Monroe County In determining If the work is generally proceeding in accordance with the contract documents. The RPR shall verify the results of tests, equipment, and systems start-up. If construction work Is not in compliance with the requirements of the contract documents and If the contractor fails to take prompt corrective action,the RPR shall notify Monroe County Project Management. If Monroe County Project Management determines that the work should be rejected, Consultant shall consult with the Monroe County Project Management and then shall give notice of rejection to the Contractor. 7.2. The terms"observe"and "observation"does not mean "inspect"or "inspection". CDM Smith's and the RPR's services are only advisory, leaving the Contractor solely responsible for completing construction In conformance with the contract documents. TA General: 7.3.1. RPR is Owner's agent at the Site,will act as directed by and under the supervision of Owner's licensed Professional Engineer, and will confer with Owner regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall In general be with Owner and Contractor, keeping Engineer advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate Marathon Airport Customs&Border Protection Page 7 of 15 if L00 2{ �y�Y .'tw�^-x r�r} Key Projwt M"ammt with Engineer with the knowledge of and under the direction of Owners licensed Professional Engineer. 7.4.Schedules: 7.4.1. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Owner and to Monroe County Project Management concerning acceptability. 7.5. Conferences and Meetings: 7.5.1. Attend meetings with Contractor, such as preconstruction conferences, progress meetings,job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 7.6.Liaison: 7.6.1. Serve as Owner's liaison with Contractor, working principally through Contractor's superintendent, assist In providing Information regarding the Intent of the Contract Documents. 7.6.2. Serve as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. 7.6.3. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 7.7.Interpretation of Contract Documents: 7.7.1. Report to Engineer when clarifications and Interpretations of the Contract Documents are needed and transmit to Contractor clarifications and Interpretations as Issued by to Monroe County Project Management. 7.8. Shop Drawings and Samples: 7.8.1. Record date of receipt of Samples and approved Shop Drawings. 7.8.2. Receive Samples which are furnished at the Site by Contractor, and notify to Monroe County Project Management of availability of Samples for examination. Marathon Airport Customs&Border Protection _.w_ R�M� page 8 of 15 mom KeyWeK,FL 33040 7.8.3. Advise to Monroe County Project Management and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by to Monroe County Project Management. 7.9.Modifications: 7.9.1. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations,to Monroe County Project Management. Transmit to Contractor in writing decisions as issued by to Monroe County Project Management. 7.10. Review of Work and Rejection of Deflective Work: 7.10.1. Conduct on-Site observations of Contractor's work in progress to assist Owner and Engineer in determining If the Work is in general proceeding In accordance with the Contract Documents. 7.10.2. Report to Owner and Monroe County Project Management whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the Integrity of the design concept of the completed Project as a functioning whole as indicated In the Contract Documents,or has been damaged,or does not meet the requirements of any inspection, test or approval required to be made; and advise Owner and Monroe County Project Management of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 7.11. Inspections,Tests, and System Startups: 7.11.1. Consult with Monroe County Project Management in advance of scheduled major inspections, tests,and systems startups of important phases of the Work. Marnthoa Airport Custom&Border Protection Page 9 of 15 �,... try Coup ansfaming , 1100 SIMOUft Sft0,2-216 Key W*FL 33040 Projoet MomsenmW 7.11.2. Ensure that tests are performed at the frequency stated in the specifications. Determine when and where tests will be taken and witness tests. If not Indicated in the specifications,a sufflclent number of tests should be taken to verify that the construction is acceptable. 7.11.3. Verify that tests. equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof. 7.11.4. Observe, record, and report to Monroe County PmJect Management appropriate details relative to the test procedures and systems start-ups. Each test report for material In-place should, at a minimum, contain the following: 1. Test performed and date 2. Applicable standard or project specification 3. Test location 4. Test result 5. Action taken on falling tests 6. Lot size and location and adjusted contract price when statistical acceptance procedures are specified or when provisions allow for reduced payment. 7.11.5. Accompany visiting Inspectors representing public or other agencies having jurisdiction over the Project, record the results of these Inspections, and report to Owner and to Monroe County Project Management. 7.11.6. Ensure that all testing required by the specification is performed, all commercially produced products, such as pipe and reinforcing steel,that are used on the project should be accompanied by numerical test results or a certification form. 7.12. Photographs 7.12.1. The Consultant shall have a digital camera for photographic documentation of noteworthy incidents or events to cover the following areas: 1. Pre-construction photographs 2. Normal and exceptional progress of work Marathon Airport Customs tit Border Protection ���_�..... Pale 10 of 15�� Mom"CO, y 1100 Sftd� 21 Key Wds�'1L 33040 Projartn 3. Critical path activities 4. Accidents showing damage 5. Unsafe working conditions 6. Unusual construction techniques 7. Damaged equipment or materials S. Any activity, which may result in claim 7.12.2. These photographs will be flied and maintained on the Consultant's computer. Copies of photographs will be electronically transferred to the County at an Interval determined by the Senior RPR and the Monroe County Project Manager. 7.12.3. The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and/or Final Acceptance. 7.13. Records: 7.13.1. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives,Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project-related documents. 7.13.2. Record names, addresses,fax numbers,e-mail addresses, web site locations, and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. 7.13.3. Maintain records for use In preparing Project documentation. 7.13.4. The RPR shall maintain orderly files of correspondence, reports of job conferences, change orders,field orders,work change directives, daily reports and/or diaries, photographs and other similar documents. These documents shall be filed In the RPR's project record file. They shall be made available to Monroe County upon receipt of request. Marathon Airport G1u8tome&Border Protection ...� Page_. ., ..�.,.. 11 of 15 1110 Siwaft 216 XV W �FL 33100 Pwjea Mauganat 7.13.5. Submits copies of FAA Form 5370-1, Construction Progress and Inspection Report, or equivalent form to the appropriate FAA Airports Division/District/Field Office upon request and provides copies for the owner. 8. Closeout 8.1.Reports 8.1.1. Schedule and conduct a meeting with the County at least 45 calendar days prior to project final acceptance.The purpose of this meeting is to discuss the required documentation, including as-bulks, necessary to close out the pemtit(s). 8.1.2. Furnish to Owner and Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. 8.1.3. Draft andln rem mend to the County proposed Change Orders,Work Change Directives, and Field Orders. Obtain backup material from Contractor. 8.1.4. Furnish to Monroe County and Owner copies of all inspection, test, and system start-up reports. 8.1.5. Immediately notify Owner and Monroe County of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. 8.2.Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Owner's licensed Professional Engineer noting particularly the relationship of the payment requested to the schedule of values,Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 8.3.Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates,operation and Marathon Airport Customs&Border Protection _e.. .. Page 12 of 15 Monme Coady Fzfaeaiag 1100 SbWMO Sheet,2.216 Key Wat,FL 33040 Project MwSa awt maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually Installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 9. Completion: 9.1.Participate in a Substantial Completion Inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. 9.2.Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of Items to be completed and deficiencies to be remedied. 9.3.Observe whether all items on the final list have been completed or corrected and make recommendations to Owner and Engineer concerning acceptance and_Issuance of the Notice of Acceptability of the Work. 90.11tesident Project Representative shall not: 10.1. Authorize any deviation from the Contract Documents or substitution of materials or equipment(including "or-equal" items). 10.2. Exceed limitations of RPR's authority as set forth in the Agreement or the Contract Documents. 10.3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 10.4. Advise on, Issue directions relative to, or assume control over any aspect of the means, methods,techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 10.5. Advise on, Issue directions regarding, or assume control over safety practices, precautions, and programs In connection with the activities or operations of Owner or Contractor. Marathon Airport Customs&Border Pro ., Atrp tec6on Page 13 of 15 mm Couity 110 S FSheet�, wing 6 Key Wea,FL 33040 0 t mjeet MAMtamront 10.6. Participate in specialized field or laboratory tests or Inspections conducted off-site by others except as specifically authorized by Owner. 10.7. Accept Shop Drawing or Sample submittals from anyone other than Contractor, 10.8. Authorize Owner to occupy the Project in whole or in part. B. COMPENSATION 1. The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANTS performance of this Agreement based on the hourly rates outlined In Attachment A of the On-Call Professional Engineering Services Contract dated January 16,2014.The Total Not to Exceed an Amount of: $126,668.00 (One Hundred and Twenty Six Thousand Six Hundred and Sixty Eight Dollars and Zero Cents)will apply to this Agreement. Payments shall be In accordance to the paragraph 7.2.1 of the On Call Professional Engineering Services Contract dated January 16,2014. 2. REIMBURSABLE EXPENSES Article 7,3.1 of the On Call Professional Engineering Services Contract shall be revised as follows: CONSULTANT acknowledges that the compensation amount set forth In Article B. COMPENSATION above fully compensates CONSULTANT for any and all expenses Incurred by CONSULTANT In the performance of this task order therefore NO reimbursable expenses shall be allowed as part of this contract. C. PUBLIC RECORDS 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 some 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. Marathon Airport Custom tit Border Protection Page 14 of 15 ' Mon=CountY EdlihWftift 1100 Simonton Sneer,2 216 Kay WeK FL 33040 Peoj6d MUSBU amt 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. Most 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 compatible with the Information technology systems of the public agency. D. Consultant must complete the following forms: Public Entity Crime Statement, Lobbying and Conflict of Interest Clause, and the Drug-Free Workplace Form. E. All other terms and conditions of this Task Order shall comply with the On Call Professional Engineering Services Contract dated January 16,2014, which shall be made a part of this contract as If written herein in Its entirety. IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Amy Heavilin,Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Cleric Mayor/Chalrman Date: (Seal) TEBIY: Attest:S"Y:Title: 0 04:9` RM END OF AGREEMENT 0 Marathon Airport Customs&Border Protection AS' ISTA I CPANEY Data Momoe County Fasinee 1100 Simonton Sheet,2-216 Ksy Wait.FL 33040 Project Managem" PUBLIC ENTITY CRIME STATEMENT "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 a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier,subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity In excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I h d acknowledge the Public Entity Crime Statement igna �21M 00 U ZAMA Printed Name SS 0 0,477� Title Date: `/ Momoe County Ensbamins 1100 SWOOM Sb"a 2-216 Key Welt,FL 33040 "act Mang amt LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrwb that heM has not employed, retained or otherwise had act on hMts behalf any fomter County of w or employee In violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee In vlolation of Section 3 of Ordinance No. 010-1900. For breach or violation of this provision the County may, In Its Iscret n, terminate this Agreement without liability and may also,in its discretion,deduct from a ment or purchase price,or otherwise recover, the full amount of any fee, comm I n , gift, or consideration paid to the former County offioer or employee". ( u ) Date: /2,//� STATE OF: 7'/Ori OLD COUNTY OR Subscribed and sworn to(or affirmed)before me on (date)by (name of affiant), She Is personally known to me or has produced as Identification.(type of identification) NOTiFPUBLIC My commission expires: +vk w rww I+4�'Ya�7 P ubli`i-SO"0 �I,01Ada my comma X01111 tan 31.2016 COMMiaalen# 165145 " d y„ eoadad 1arOO"Wal Notary MSM Monroe county Flaskmerins 1100 Simonton Shies,2 21 b Key Was,FL 33040 Project Men4mmeea DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a dfug-free workplace,any available dnug counseling,rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the oommodMes or oonbactuai services that are under bid a copy of the statement specified in subsecctioon(1). 4. In the statement specified in subsection(1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring In the workplace no later than five(5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation In a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through Implementation of this section. As the person autho s the statement, I certify that this firm complies fully with the above requiremen s. Consult+an s, gn t � a IL Date NOTARY PUBLIC -My Commission Expires: a AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ("Agreement") made and entered Into this *"day of 1yZr7L4a0J , 2oA by and, between Monroe County, a political subdivision of the State of Florida, w se 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 CDM Smith Inc., a Corporation of the State of Massachusetts, whose corporate address is One Cambridge Place, 50 Hampshire Street, Cambridge, Massachusetts 02139 and whose office location for work performed is 800 Brickell Avenue, Suite 500, Miami, Florida 33131 Its successors and assigns, hereinafter referred to as"CONSULTANT', WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects In which construction costs do not exceed$2,000,000.00 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 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. The terms and conditions of this Agreement shall apply to each Task Order,except to the extent expressly modified.When a Task Order is to modify a provision of this Agreement,the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. 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; 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. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS,DEFICIENCIES The CONSULTANT shall,without additional compensation, promptly correct any errors,omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested,to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Mr. Ignacio L. Lizama, P.E. Officer-in-Charge/Associate 800 Brickell Avenue, Suite 500 Miami, Florida 33131 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services, Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents.Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.6 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness,suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 6.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT In the performance of the contract. 6.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ........... ------ Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'$behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 6.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Ignacio L. Lizama, RE Officer in Charge John L. Mafera Project .......Manager ............. ........... 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 V111 COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANTS duties, obligations and responsibllities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive,and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 -September 30)by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required ........... ...... insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of V1 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 $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars($1,000,000.00) combined single limit and One Million Dollars($1,000,000.00)annual aggregate. D. Commercial general liability, Including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents of subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors, Broad Form Properly Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars($1,000,000.00) per occurrence and Two Million Dollars($2,000,000,00) annual aggregate. If the policy is a "claims made"policy, CONSULTANT shall maintain coverage or purchase a"tall"to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its 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. 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. 1. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT, B. 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 This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANTS response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one Imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto,and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit,that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY If it or any subcontractor or subconsultant Is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with ...................................... interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION,COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall fie in the 16 1h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings Initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'$FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is Initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided ................................ ................ ---------- that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission, 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement, COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC S. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article V1, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, In respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY 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 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. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY In this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents,volunteers,or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement Is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute,and case law. 9.26 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 Ethlcs Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed In any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same Instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise(DBE)Policy and Obligation-It is the policy of the COUNTY that DBE's,as defined in 49 C.F.R.Part 26,as amended,shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard,all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts.The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race,color,national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment B. b).The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract.The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion W Lower Tier Covered Transactions in 49 C.F.R. Part 29,when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project,the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion,color,sex national origin,disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,age, religion color, gender, national origin,disability or marital status. 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. e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub-consultants during the term of the contract. f).The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation Statement Form No. 275-030-11A to identify DBE participation as outlined in Paragraph 9.29, Disadvantaged Business Enterprise(DBE)Policy and Obligations,of the Contract for Professional Services. FDOT has a race neutral program with an 8.6%goal. g). Executed copies of the FDOT Certification for Disclosure of Lobbying Activities on Federal Aid Contracts and the Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C. IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS Y HEAVILIN, Clerk OF MONROE COUNTY,FLORIDA x By: By: Deputy Clerk Mayor/'C Irma Date: 1.17• 2.D14 CDM� C. � L A �. Witnes ; B « Tle: ` Title: Witne By: W kAOKA Title: _ MONROE COUNTY ATTORNEY APPR 'VED AS TO FORM: M IME M. 14 END OF AGREEMENT CASSISTANT COUNTY A r ORNEY Date k;4.uIis - ATTACHMENT A CONSULTANT RATES C mr" m- I N 'th ATTACHMENT A SCHEDULE OF HOURLY BILLING RATES CATEGORIES HOURLY RATES egOEMSIONALSEulm OFFICER $228.00 PRINCIPAL/ASSOCIATE $206.00 SENIOR PROFESSIONAL $175.00 PROFESSIONAL 11 $153.00 PROFESSIONAL I $137.00 PROFESSIONAL.SUPPORT SERVICES SENIOR SUPPORT SERVICES $143.00 STAFF SUPPORT SERVICES $116.00 E $ SENIOR PROFESSIONAL $148.00 PROFESSIONAL $116.00 PROJECT SUPPORT SERVICES PROJECT ADMINISTRATION $106.00 LAG1664 Attah A,DOCX ATTACHMENT B APPENDIX I OF THE FOOT STANDARD PROFESSIONAL SERVICES AGREEMENT TERMS FOR FEDERAL AID CONTRACT S(APPENDIX 1): The following terms apply to all contracts in which It Is indicated in Section 6.8 of the Standard Professional Services Agreement that the services Involve the expenditure of federal funds: A. It Is understood and agreed that all rights of the Department relating to inspection,review,approval,patents, copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that,in order to permit federal participation,no supplemantal agrooment of any nature may be entered Into by the parties hereto with regard to tins work to be performed hereunder wlthout the approval of the U.S. Department of Transportations,anyllrtng to the contrary In this Agreement not wffhslanding, C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S..Department of Transportation Title 49,Code of Federal Regulations,Part 21,as they may be amended from Urta to fOme,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. D, Nondlscriminstion: The Consultant„with regard to the work performed during the contract„shall not dlacrirmgnate on the basis of rats,color.national origin,sex,age,disahlllty,religion or family status In the selection and retention of subcontractors,including procurements of material and leases of equipment. The Consultant will not participate either direofly or indirectly In the dlscrlminagon prohiblled by Seoton t.6 of the Rogulallons,including employment practid s when the contract covers a program sot forth In Appendix S of the Regutetlons. E. Solicitations for Subcontracts,Including Procurements of Materials and E uipment: In all solicitations made by the Consultant,either by competitive bidding or negotlatgon for worts to be performed under a subcontract including procurements of materials and leases of equipment,eactr potential subcontractor or supplier shall be notltied by the Consultant of the Coneultont's obligations underthis contract and the Regulations relative to nondlscdminaUon on the basis of race,color,national origin,sex,age,disability,religion orfamlly status. F Information and Reports: The Consultant will provide all Information and reports required by the Regulations,or directives issued pursuant thereto,and will permit access to[is books,records,accounts,other sources of Information,and its facilities as may be determined by the Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain complance with such Regulatlons,orders and Instructions, Whom any Information required of the Consultant is In the exclusive possession of another who fails or refuses to furnlsh this infomraVot,the Consultant shall so certify to the Florida Department of Transportation,Federal Highway Administrallon,Federal Transit Administration,Federal Aviation Administration,and/or the Federal Motor Cartier Safety Adminlstrallonas appropriate,and shall sot forth what efforts it has made to obtain the Information. G Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract,the Florida Department of Transportation shall Impose such contract sanctions as It or the Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration may determine to be appropriate,Including,but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation,termination or suspension of the contract,in whole or in pert. H, Incorporation or Provisions: The Consultant will Include the provisions of Paragraph C through H In every subcontract, Including procurements of materials and leases of equipment unless exempt by the Regulations,order,or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or the Federal Motor Carier Safety Administration may direct as a means of enforcing such provisions,Including sanctons for noncompliance. In the event a Consultant becomes involved In,or Is threatened with, litigation with a subcornlractor or supplier as a result of such direction,the Consultant may request the Florida Department of Transportation to enter Into such litigation to protect the Interests of the Florida Department of'Tranaportatlon,and,In addlUon,the Consultant may request the United Slates to enter into such litigation to protect the interests of the United States. I. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom, J. Interest of Public 0fttclals: No member,officer,or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any Interest,direct or Indirect,in this contract or the proceeds thereof. For purposes of this provision,public,body shell Include municipalities and other political subdivisions of States;and public corporations, boards,and commissions established under the laws of any State. K Particlpatlon by Disadvantaged Business Enterprises: The Consultant shell agree to abide by the fallowing statement from 48 CFR 26.13(b). This statements shall he included in all subsequent agreements between the Consultant and any suboonsuttant or contractor. The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race,color,national origin, or sex In the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-asslated contracts. Failure by the Consultant to carry out these requirements Is a material breach of this contract,which may result In termination of this contract or other such remedy as the recipient deems appropriate. L It Is mutually understood and agreed that the willful faialfication,distortion or misrepresentation with respect to any facts related to the project(s)described In this Agrooment Isis violation of the Federal Law.Accordtngty,United States Code, Title 16.Section 1020,is hereby incorporated by reference and made a part of thin Agreement M. It is understood and agreed that If the Consultant at any time teems that the cerlif estion It provided the Department in compliance with 49 CFR,Section 2M,was erroneous when submitted or has become erroneous by reason of changed c'Iroumstanoss,the Consultant shall provide Immediate written notice to the Dspertmsra,It is further agreed that the clause Had'Cerllftcatlon Regarding Debarment,Suspension,Ineligibility arW Voluntary Exclusion-Lower Tier Covered Ttansaodo W as sot forth In 49 CFR,Section 29A10,shall be Included by the Consultant in all lower tier covered transactions end in all aforementioned federal regulation. N. The Department hereby cadifles that neither the consultant nor the consultant's representative has been required by the Department,dlreclly or Indlrectly as an express or implied condition in connection with obtaining or carrying out this contract,to 1. employ or retain,or agree to employ or retain,any firm or person,or 2, pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency,In connection with this contract Involving participation of Federal-Aid funds,and Is subject to applicable State and Federal Laws,both criminal and civil. p The Consultant hereby cerliffes that it has not: 1, employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee working solely for the above contractor)to solicit or secure this contract; 2 agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person In connection with carrying out this contract;or 3 paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for the above contractor)any fee contribution,donation,or consideration of any kind for,or In connection with,procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency In connection with this contract Involving participation of federal-Aid funds,and Is subject to applicable State and Federal Laws,both criminal and civil. ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-OM 33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT ,aot ON FEDERAL-AID CONTRACTS (Compliance with 48CFR,Section 20.100 (b)) The prospective participant certifies,by signing this certification,that to the best of his or her knowledge and belief- (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in oonnection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any federal contract,grant,loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress In connection with this federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities",in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by Section 1352,Title 31, U.S.Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be Included in all lower tier subcontracts,which exceed$100,000 and that all such subreciplents shall .ccartify and disclose accordingly. Name of Consultant: L-D rc-N' ` 4 C By: ��c( D L, 0 Date: ra lt�lo Authorized Signature: Title: A&I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROCUREMENT INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL ,ao, AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment, declared Ineligible,or voluntarily excluded from participation in this transaction by any federal department or age cy.. Name of a' By Date: R /3 Authorl a tpature Title: "D Instructions for Certification 1. By signing and submitting this certification with the proposal,the prospective lower tier participant is providing the certification set out below. 2. The oadi ication In this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it Is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension and/or debemrent. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal Is submitted,H at any time the prospective lower tier participant leams that Rs certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms'coveredtrsnrssclion','debarred','suspended','ineligible',lowertlercovered transadIon'','parddparW,'person',primary covered transaction','principal','proposer,and'voluntarily exdurlied',as used In this dayse„have it*meanings set out In the Defkddone and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance In obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered Into,It shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared Ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department or agency with which this transaction originated. 8. The prospective lover tier participant further agrees by submitting this proposal that it will Include this douse titled"Appendix B; Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction",without modification,In all lower tier covered transactions and In all solicitations for lower tier covered transactions. 7. A participant Ina covered transaction may rely upon a certification of a prospective participant Ina lower tier covered transaction that it is not debarred,suspended,Ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification Is erroneous. A participant may decide the method and frequency by which It determines the eligibility of its pdndpals. Each participant may,but Is not required to,deck the Nonprocrxement List. 8. Nothing contained In the foregoing shall be construed to require establishment of a system of records In order to render In good faith the certification required by this douse. The knowledge and Information of a participant are not required to exceed that which is normally possessed by a prudent person In the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these Instructions,If a partkpant Ina covered transaction knowingly enters into a lower tier covered transaction with a person who Is suspended,debarred,Ineligible,or voluntarily excluded from participation In this transaction,In addition to other remedies available to the Federal Government,the Department may pursue available remedies,Including suspension and/or debarment. ^4C DaTE2M 3roco 3vvvj �.. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A (MATTER OF INFORMATION ONLY AND CONIFERS 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 INS'URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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 endorsement(s). d PRODUCER CONTACT S) Ann Risk Services Northeast, Inca NA1T' PAX Boston MA office IAJC Nm Ext): c666) &3-7122 AFC,No,.; f3UO-363-0105 9 One Federal street E-MAIL Boston MA 02110 USA ADDRESS: INSURERIS)AFFORDING COVERAGE N.AIC 9 INSURED INSURER A: Zurich American 115 CO 16535 CUM Smith Inc. INSURERB: Lloyd's syndicate No. 2623 AA1128623 OINE CAMBRIDGE PLACE .....�_�........ ... ................mm , _ ,�,,..ww........ ............ Si0 HAMPSHIRE STREET ..,,_.,,.._.. .....,„..,... ...�..._.�.... ...-w............................ - , INSURER C: ACE Property & CasualtyInsurance CO. 20699 ... CAMBRIDGE MA 021390000 USA INSURERD: ''....INSURER E: ......... .���� ....._ ,.,... ...................... INSURER F: COVERAGES CERTIFICATE NUMBER:570052211225 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH(RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE(POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INST TYPE OF INSURANCE INSR WWVD POLICY NUMBER MMq nYy Y,..... MPDPIYYYY LIMIT'S GENERAL LIABILITY GLO b U /2 EACH OCCURRENCE 52,0010,000 a X COMMERCIAL GENERAL LIABILITY SIR applies e5 per policy i C ter ins 8r PR (".' YZY' "� $300,000. PP P Y condi Tons fuILWE (Fa accsartance„, ,„ CLAIMS-MADE OCCUR MIED IEXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE 54,000,O00 *" x C INN 0 GEN'L AGGREGATE LIMIT APPLIES PER. I �. PRODucTs-aoMPrOPAGG t4 000 Oq.... � POLICY PR©- x �LOO F- 'A' AUTOMOBILE LIABILITY 'BAP 31-1k3_.. O1 1 '.....Ul 1'1'21J1 COMBINED SINGLE LIMIT $2,000,000 X ANY AUTO .. U Per person) _. 0 B(JDIILY INJURY(�.. uWW,n,ITn ALL OWNEDSCHEDULED BODILY INJURY(Per accident} x HIRED AUTOS x AUTOS PROPERTY . NON-OrdVNED (DAMAGE ......... AUTOS rP r 3rr,d.ntl 'wG^- a.m.m.. ...,.�., ,.... C X UMBRELLA LIAR... X. OCCUR x00G27373720 O1/Ol/2014 Ul/ 1202015 (EACH OCCURRENCE $5,000,000 _...� EXCESS LIAB CLAIMS-MADE AGGREGATE S5,060,006 DED X 'RE;6"EN3"I"10N II?'S,600 A WORKERS COMPENSATION AND WDC837663319 01/01 2D14 01/O1/ 01 WC STATU- OTH- EMPLOYERS'LIABILITY NN X TORV LIMIT`°"" -- ....m_....._ ANY PROPRIETOR 1 PARTNER 1 EXEiCUTIVE YE E L EACH ACCIDENT $1,000,000 OFFICERIMEMSER EXCLUDE[)? N 1 A '--" ( Mandatory in NH) E.L.DISEASE-IEA(EMPLOYEE S1,000,000 11yes,daecdbe under ""' """"-"'�-`"""`"'�"""""""""" Y LIMIT S1,000,000_m m __.__ E,L.DISEASE-POLICY DESCRIPTION OF OPERATION'S below B Archit&Eng Prof QC14013E7 Ol/Ol/2014 01/01/2015 each claim $3,000,000 SIR applies per policy ter s & condi ions aggregate S3,000,000 y more qulred) Monrolallcuntyoard ofAcountbilemLiabilitrscis�includtedaaseMroAdditionallUinsuredei�n�accordance with the policy provisions of the Liability y policies. L •� .w-.. aIL...» WAN l' A,..;, YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THIS EXPIRATION DATE THEREOF, NOTICE HALL BE DELIVERED IN ACCORDANCE NTH THIS POLICY PROVISIONS. Monroe County Board of County AUTHORIZED REPRESENTATIVE Commissioners 1100 Simonton street 1 / �f �//�' Key West FL 33400 USA r-Y/ �eJ.I:ir�4.Y� jj'+r�rr t..✓'0a4a ©1988-2010 ACORD CORPORATION.All rights reserved. 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