Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item Q04
Q.4 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: Q.4 Agenda Item Summary #7989 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 N/A AGENDA ITEM WORDING: Approval to enter into a one year no-cost renewal under Amendment No. 1 to the contract with Jones Edmunds & Associates, Inc. for Category C Environmental and Environmental Engineering Services to extend the period to March 14, 2022. ITEM BACKGROUND: This item is for a no-cost one year renewal to the Jones Edmunds & Associates, Inc. Category C Environmental engineering services on-call contract from March 15, 2021 to March 14, 2022 PREVIOUS RELEVANT BOCC ACTION: 08/17/16: Approval to advertise on call professional engineering services for the canal restoration program, including Category A — Canal Master Plan Program Planning Services, Category B —Canal Infrastructure Engineering Services for Projects and Category C — Environmental Engineering Services. 02/15/17: Approval to negotiate $0 on-call contracts with Amec Foster Wheeler Environment Infrastructure, Inc., Jones Edmunds & Associates, Inc., and WSP / Parsons Brinckerhoff, Inc., the three highest ranked respondents, for Category A environmental / environmental engineering services. 04/12/17: Approval to negotiate $0 on-call contract with Jones Edmunds & Associates, Inc. For Category C Environmental And Environmental Engineering Services. CONTRACT/AGREEMENT CHANGES: One Year Extension STAFF RECOMMENDATION: Approval DOCUMENTATION: Packet Pg. 2971 Q.4 Sustainability - Jones Edmunds - 2021-03-10-PECON-Monroe-Amendment 01 Certificate of Insurance Jones Edmunds Jones Edmunds Assoc Fully Executed Contract FINANCIAL IMPACT: Effective Date: March 15, 2021 Expiration Date: March 14, 2022 Total Dollar Value of Contract: $39,990 Dollar Value of this Amendment No. 1: $0 Total Cost to County: N/A Current Year Portion: To be determined by Task Order Budgeted: No Source of Funds: To be determined by Task Order CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: Yes Additional Details: N/A REVIEWED BY: Rhonda Haag Completed 03/12/2021 11:04 AM Pedro Mercado Completed 03/12/2021 11:47 AM Purchasing Completed 03/12/2021 11:50 AM Budget and Finance Completed 03/24/2021 11:14 AM Maria Slavik Completed 03/24/2021 11:14 AM Liz Yongue Completed 04/05/2021 11:20 AM Board of County Commissioners Pending 04/21/2021 9:00 AM Packet Pg. 2972 Q.4.a AMENDMENT NO. 1 TO THE AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERINGSERVICES FOR CATEGORY C ENVIRONMENTAL ENGINEERING SERVICES BETWEEN CD 2 MONROE COUNTY AND v JONES EDMUNDS &ASSOCIATES, INC. THIS AMENDMENT NO. 1, dated April 21, 2021, is entered into between the County and the CONSULTANT, to the Contract For On Call Professional Engineering Services For Category C E Environmental Engineering Services, dated the 12th day of April 2017, by and between Monroe C County Board of County Commissioners, "COUNTY," and Jones Edmunds & Associates, Inc. , 5 CONSULTANT". WITNESSETH: E WHEREAS, the CONSULTANT has successfully performed professional services under the requirements of this Contract; and �t r- WHEREAS, the COUNTY desires to exercise its option to extend the Contract one year from c March 15, 2021 to March 14, 2022; and z WHEREAS, the CONSULTANT agrees to continue providing services through the renewal , period; and WHEREAS, CONSULTANT has agreed to incorporate certain federal provisions into the CONTRACT in order that the COUNTY may seek reimbursement for the work if needed. NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated .E herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and Jones Edmunds and Associates, Inc. agree as follows: Section 1. Article 1.1 TERM OF AGREEMENT is amended as follows: 1.1 TERM OF AGREEMENT The Contract is extended from March 15, 2021 to March 14, 2022, at which time the contract shall terminate. E Page i of Amendment No. i Packet Pg. 2973 Q.4.a Section 2. Article 9.5 TERMINATION is amended to read as follows: w 9.5 TERMINATION 0 9.5.1 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONSULTANT. If the COUNTY terminates ti this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the v) COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement 9.5.2 Termination for Cause and Remedies: In the event of breach of any contract terms, the r- COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the �t sum due the CONSULTANT under this agreement prior to termination, unless the cost of 2 r- completion to the COUNTY exceeds the funds remaining in the contract; however, the c COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The z maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under e'. this Agreement, including the right to sue for breach of contract and including the right to pursue CD a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. N N Section 3. Article 9.8 MAINTENANCNE OF RECORDS is amended to read as follows: 9.8 MAINTENANCE OF RECORDS y 0 CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for 0) seven years following the termination of this Agreement. If an auditor employed by the Page 2 of Amendment No. i Packet Pg. 2974 Q.4.a 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 6 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. 0 Section 4. Article 9.17 NONIDSCRIMINATION is amended to read as follows: 9.17 NONIDSCRIMINATION v CONSULTANT and COUNTY agree that there will be no discrimination against any person, W 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 and COUNTY r- agree 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 VII 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) �C which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act 2 r- of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) c The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation z Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol w abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. e� 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient M CD records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 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. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry E sexual orientation, gender identity or expression, familial status or age; 11) Any other U nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 5. Article 9.21 PUBLIC RECORDS COMPLIANCE is amended to read as follows: 9.21 PUBLIC RECORDS COMPLIANCE. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The Page 3 of Amendment No. 1 Packet Pg. 2975 Q.4.a COUNTY and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or 6 under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONSULTANT in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing ti parry, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. v) The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is E required to: 2 (1) Keep and maintain public records that would be required by the COUNTY to perform theme w service. -- (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the �t contract term and following completion of the contract if the CONSULTANT does not transfer 0 r- the records to the COUNTY. c (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONSULTANT transfers all public records to the e� COUNTY upon completion of the contract, the CONSULTANT shall destroy any duplicate CD public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology E systems of the COUNTY. y (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, E notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon Page 4 of Amendment No. i Packet Pg. 2976 Q.4.a violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF ti CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF v) PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY- W BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. r- Section 6. Article X FEDERAL CONTRACT REQUIREMENTS is hereby added to theme contract as follows: 10.1 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT, in accordance with Equal a Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), <t as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal 2 r- Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal c Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 z C.F.R. Part 200, Appendix 11, ¶ C, agrees as follows a. 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or E recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2)The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or °i E national origin. Page 5 of Amendment No. i Packet Pg. 2977 Q.4.a 3)The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such 0 employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such ti disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is v) consistent with the CONSULTANT's legal duty to furnish information. W 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be 0- provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E 5)The CONSULTANT will comply with all provisions of Executive Order 11246 of September a 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. �t r_ 6)The CONSULTANT will furnish all information and reports required by Executive Order c 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of z Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain e� compliance with such rules, regulations, and orders. 7)In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in E Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and W remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8)The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may Page 6 of Amendment No. i Packet Pg. 2978 Q.4.a direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 0 10.2 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 and 2 C.F.R. Part 200, as amended including but not limited to: v) 10.2.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland r_ Security Grant Program, Port Security Grant Program and Transit Security Grant Program, ally prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In �t addition, contractors must be required to pay wages not less than once a week. If applicable, the 2 r_ COUNTY must place a current prevailing wage determination issued by the Department of c Labor in each solicitation. The decision to award a contract or subcontract must be conditioned z upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program e� legislation, which includes emergency Management Preparedness Grant Program, Homeland M CD Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and E Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or sub recipient is prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) CONSULTANT. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by E reference into this contract. Page 7 of Amendment No. i Packet Pg. 2979 Q.4.a (2) Subcontracts. The CONSULTANT or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the ti contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. v) 10.2.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of r- Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily 2 r- available on the open market, or contracts for transportation or transmission of intelligence. c z 10.2.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or sub c. recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. E LU 10.2.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and sub grants of amounts in excess of$150,000. E Page 8 of Amendment No. i Packet Pg. 2980 Q.4.a 10.2.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 10.2.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). CONSULTANTS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the v) tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress E in connection with obtaining any Federal contract, grant or any other award covered by 31 r_ U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 10.2.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § -� 200.322. CONSULTANT must comply with section 6002 of the Solid Waste disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 �C include procuring only items designed in guidelines of the Environmental Protection Agency 2 r_ (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, c consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year w exceeded $10,000; procuring solid waste management services in a manner that maximizes eL energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. N N 10.2.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and sub recipients and their contractors and subcontractors may not obligate or expend any federal funds to: E (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security E surveillance of critical infrastructure, and other national security purposes, video surveillance U Page 9 of Amendment No. i Packet Pg. 2981 Q.4.a and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an ti entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. v) LU 10.2.9 Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONSULTANT should, to the greatest extent practicable, provide a preference E for the purchase, acquisition, or use of goods, products, or materials produced in the United 0- States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all sub awards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing -� processes, from the initial melting stage through the application of coatings, occurred in the United States. �t (2) "Manufactured products" means items and construction materials composed in whole or in 0 r_ part of non-ferrous metals such as aluminum; plastics and polymer-based products such as c polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. U LU 10.2.10 Americans with Disabilities Act of 1990 (ADA). The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government M issued thereunder, and the assurance by the CONSULTANT pursuant thereto. N N 10.2.11 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 E 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. a� Page 10 of Amendment No. I Packet Pg. 2982 Q.4.a 10.2.12 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; v) (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or E quantities to permit maximum participation by small and minority businesses, and women's 0- business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage -- participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. m E (6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative , steps listed in paragraph (1)through(5) of this section. 2 r- 0 10.2.13 E-Verify. The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by w the CONSULTANT during the term of the Contract and shall expressly require any e� subcontractors performing work or providing services pursuant to the Contract to likewise utilize CD the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. N Section 7. All other provisions of the On Call Professional Engineering Services For Category C Environmental Engineering Services, dated the 12th day of April 2017, not inconsistent E herewith, shall remain in full force and effect. w 0 THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Page i i of Amendment No. i Packet Pg. 2983 Q.4.a IN WITNESS WHEREOF, each party caused this AMENDMENT NO. I to be executed by its duly authorized representative on the day and year first above written. (SEAT,) HOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA e By- By: Deputy Clerk Mayor/Chairrnan Date: JONES EDMUNDS & ASSOCIATES, INC. In 2 nNEY IAIP '4r FORM �;:�DWO�WJAMQ By: Date 3/11/21 Stanle F. Ferreira Jr., PE E I'rn�t name: y Title: President& CEO 15 Date: March 10, 2021 r- t1G'we,:i ktw 3110j2D2J STATE OF: FLORIDA COUNTY OF: ALACHUA r9 Subscribed and sworn to (or affirmed) before me, by means of N physical presence or ❑ online notarization., on March 10, 2021 (date) by Stanley F. Ferreira, Jr., PE CD cv (name of affiant). He/She is personall f known to me or has produced N (type of identification) as identification. NOTARY F L1C v, 0 gs� "^^, KATHY M. ERCfI11L1ER ' my COMMISSION 11 GG 325556 EXPIRES:Ju6y 18,2023 Za¢g°'` BandsdThsuNote Put&Unden�fters Page 12 of Amendment No. 1 Packet Pg. 2984 A�® CERTIFICATE OF LIABILITY INSURANCE DA ,�4,202"0' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. N 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). PRODUCER Risk Strateggies NAME: xth Brian R Hadar 12801 NortFi Central Expy.Suite 1710 PH°NE 214 503-1212 AIIC No: 214 503-8899 Lu Dallas,TX 75243 E-MAIL ADDREs : certificatedallas risk-strat ies.com INSURER(SI AFFORDING COVERAGE NAIC# 0 INSURERA: Phoenix Insurance Company 25623 _ INSURED INSURERB. Travelers Indemnity Co of America 25666 Jones Edmunds&Associates, Inc,.730 N.E.Waldo Road INSURER C: Travelers Property Casualty Co Of Amer 25674 Gainesville FL 32641 INSURERD: XL Specialty Insurance Company 37885 a) INSURER E: Charter Oak Fire Insurance Company 25615 , INSURER F: COVERAGES CERTIFICATE NUMBER: 56154174 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 0 INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 0 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, C) INSR ADDL SUBR POLICY EFF POLICY EXP L) LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A COMMERCIAL GENERAL LIABILITY �j �J 680SN190672 6/30/2020 6/30/2021 EACH OCCURRENCE $10000 0 E TO CLAIMS-MADE ©OCCUR PR M SES EaENTED occuence $1 00D 000 0 MED EXP(Any one person) $10 000 LU PERSONAL&ADV INJURY $1 00D 00D Its GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,OOD E POLICY E]JEC° 71 LOC PRODUCTS-COMPIOPAGG s2000000 OTHER: $ 0 0 B AUTOMOBILE LIABILITY f f BA1958L731 6/30/2020 $i3D/2021 E°a II EeD€SINGLE LIMIT S1,000,000 ANY AUTO BODILY INJURY(Per person) $ 0 OWNED SCHEDULED U AUTOS ONLY AUTOS BODILY INJURY(Par accident) $ ` HIRED NON-OWNED PROPERTYOAMAGE $ 0) AUTOS ONLY ✓ AUTOS ONLY Per a.dent S 0 0 C r/ UMBRELLA LIAB OCCUR f �/ CUPBN201316 6/30/2020 6/30/2021 EACH OCCURRENCE $5 00D 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000000 LU DED I ✓ RETENTION S 10,000 $ N E WORKERS COMPENSATION U68N190946 6/30/2020 6130/2021 ,/ gTATUTE ERH 0 AND EMPLOYERS'LIABILITY YIN 0 ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED7 NIA E.L.EACH ACCIDENT $1 DDD DDD (Mandatary In NH) E.L.DISEASE-EA EMPLOYEE S I 000,000U If yes,describe under 0 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 D Professional Liability DPR9961801 6/30/2020 6/30/2021 Per Claim $5,000,000 Annual Aggregate $5,000,000 In 0 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 0 The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject t0 a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies.Monroe County BOCC is named additional insured on the general,auto,and umbrella liability coverage as required by written contract. RE:Ref No.FXOODD0007 Agreement for On-Cali Professional Engineering Services;Category C,Environmental Engineering Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 100085- FX Duluth GA 30096 AUTHORIZED REPRESENTATIVE Brian Hadar 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD OG 56154174 1 20/21 GL/AL/UL/WC/PL I Ronna Dana 1 6/24/2020 11:36:03 AM (EDT) I Page 1 of 1 Packet Pg. 2985 •r • 1 j .l E 1 1 - - LU v. LU LU p - t - t .� -'...' .. -�:,Z .., .... " ... .fit, t "..:�- f .:•;'. _ - Packet Pg.2986 °° Kevin Madok, CPA Clerk of the Circuit Court& Comptroller—Monroe County, Florida N DATE: May 4, 2017 � TO: Rhonda Haag Sustainability Coordinator 0 County Administrator's Office FROM: Paincla G. Hancoa.c. SUBJECT: April 12th I10CC Meeting- 0 Enclosed is a duplicate original of Iteni 1.5, $0 on-call contract with Jones Edmunds & Associates, Inc. for Category C Canal Infrastructure Engineering Services, for your handling. Should you have any questions, please lccl free to contact ine at cxt. 3130. '1'liank you. LU cc: County Attorney electronic Finance electronic cop). Filc 0 c, x 0 LU 0 KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 2987 AGREEMENT FOR N ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY C ENVIRONMENTAL ENGINEERING SERVICES 0 This Agreement ("Agreement") made and entered into this 4tN day of PQ-)L , 2017, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and U assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and JONES EDMUNDS & ASSOCIATES, INC., its successors and assigns, a corporation of the State of Florida, whose address is 730 NE Waldo Road, Gainesville, c FL 32641, hereinafter referred to as "CONSULTANT". U WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various potential County Canal Restoration Projects located in Monroe County, Florida; and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous environmental projects in which construction costs do not exceed $2,000,000; and WHEREAS, the potential professional services to be implemented under this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period and c WHEREAS, specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders; and a� WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes the U c COUNTY's written authorization to CONSULTANT to proceed with the services described in y the Task Order; and N WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order �+ and the modification shall be precisely described; and 0 WHEREAS, the CONSULTANT shall provide Category C comprehensive environmental engineering services including but not limited to performing studies, engineering studies, m engineering design services, surveying, drafting, geotechnical investigations for land and water based projects, environmental assessments, sediment and water quality studies, sampling Page 1 Packet Pg. 2988 analysis and monitoring, permit preparation, preparing construction plans, specifications and solicitation/contract documents, assisting with review of contractor proposals or bids, comprehensive project management services, construction engineering and inspection services, water quality sampling and monitoring; benthic surveys and associated database; assess damage after a disaster such as a hurricane, ship grounding, or oil spill; assess changes as a result of y climate change; assess improvements as a result of improved stormwater and wastewater treatment projects, or other water quality improvement projects; identifying data gaps or future needs; Geographic Information System mapping and geodatabase development; groundwater monitoring; vegetative surveys such as those used to obtain baseline data for identifying areas vulnerable to sea level rise, or for identifying areas that should be preserved to offset vulnerable ecological communities; GIS inventories and database of County properties that may be used but not limited to ecological restoration or adaptability projects, including identification of hurricane debris staging and areas consisting of transitional and upland habitat that may transition to c coastal habitats as sea level rises; land use code review for consistency with adaptive management goals; Phase I and I1 Environmental Site Assessments; remedial action plans; water quality studies; permitting for environmental projects; tree inventories and tree canopy studies y and reports and listed species surveys; and WHEREAS, there is no minimum amount of work guaranteed by the COUNTY. Lu NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 TERM OF AGREEMENT 0 Except as noted below, this Agreement shall begin on the 151" day of March, 2017 and extend for a period of four (4) years to March 14, 2021. A one year extension may be authorized at the option of the COUNTY. Lu 1.2 REPRESENTATIONS By executing this Agreement, CONSULTANT makes the following promises to the y COUNTY: y N 1.2.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.2.2 The CONSULTANT has become familiar with the potential Project sites and the local conditions under which the Work is to be completed. 1.2.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a Page 2 Packet Pg. 2989 manner that they shall be in conformity and comply with all applicable law, codes and regulations. In providing services under this Contract, the CONSULTANT shall perform its services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Upon notice to the CONSULTANT and by mutual agreement between the parties, the CONSULTANT will, without additional compensation, correct those services not meeting such a standard; 1.2.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.2.5 The CONSULTANT'S services shall be performed as expeditiously as is c 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 y 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 76 terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.2.6 At all times and for all purposes under this agreement, the CONSULTANT is an .2 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. c� 1.2.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. - 0 ARTICLE II SCOPE OF BASIC SERVICES N 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual y Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. Page 3 Packet Pg. 2990 2.2 CORRECTION OF ERRORS,OMISSIONS,DEFICIENCIES N The CONSULTANT shall,without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its sub-consultants not meeting the standard of care stated in Section 1.2.3. Where the standard of care is met, the services will be deemed Additional Services under Article III. 0 n 2.3 NOTICE REQUIREMENT 76 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: c Ms. Rhonda Haag Director of Sustainability and Projects y Monroe County 102050 Overseas Highway, Room 246 Key Largo, FL 33037 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Kenneth S. Vogel, PE c Jones Edmunds &Associates, Inc. 730 NE Waldo Road Gainesville, FL 32641 ARTICLE III ADDITIONAL SERVICES _ 0 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. Lu 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 c 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. Page 4 Packet Pg. 2991 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 n respect to the Project. The COUNTY or its representative shall render decisions in a 76 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. c, 4.3 Prompt written notice shall be given by the COUNTY and its representative to the c 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 c i been duly served if sent pursuant to paragraph 2.3. y 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its sub- consultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V U INDEMNIFICATION AND HOLD HARMLESS y 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless N COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, Page 5 Packet Pg. 2992 reduced, or lessened by the insurance requirements contained elsewhere within this N agreement. 5.3 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 0 5.4 This indemnification shall survive the expiration or early termination of the Agreement. n 76 ARTICLE VI PERSONNEL 6.1 PERSONNEL 0 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 Mark W. Nelson, PE Contract Manager 76 So long as the individual named above remains actively employed or retained by the m CONSULTANT, they shall perform the functions indicated next to their name. If they are replaced, the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VU COMPENSATION 7.1 PAYMENT SUM 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. 75 7.2 PAYMENTS 0 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially Lu 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 Page 6 Packet Pg. 2993 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. n 7.3 REIMBURSABLE EXPENSES 76 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 c expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Monroe County Code Section 2-106 through 2-117 for travel, per diem, meals and mileage. Other travel y expenses shall be paid in accordance with 112.061, Florida Statutes. Travel time charges shall not begin until the employee reaches mile marker 112.5 if coming from outside of Monroe County, and shall not be charged if the employee resides LU within Monroe County. (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 0 c, 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. U 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is y 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 0 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 m 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 Page 7 Packet Pg. 2994 CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said n 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: U (A) Workers' Compensation insurance as required by the State of Florida, sufficient c to respond to Florida Statute 440. (B) Employers Liability Insurance with limits of $1,000,000 per Accident, y $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) r_ 2 combined single limit and One Million Dollars($1,000,000.00) annual aggregate. (D) Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or sub-consultants, including Premises and/or c, Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on _ or after the effective date of this contract. In addition, the period for which claims c may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. N (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 LU LU policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a"tail"to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. Page 8 Packet Pg. 2995 (F) COUNTY shall be named as an additional insured with respect to N CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. (G) CONSULTANT shall require its sub-consultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if 0 so required by COUNTY during the term of this Agreement. COUNTY will not _ pay for increased limits of insurance for sub-consultants. (H) CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional j insured. The COUNTY reserves the right to require a certified copy of such policies upon request. c (I) if the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 03 C 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 2 Agreement and will not be used in the interpretation of any provision of this Agreement. 0 c, 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. In the event that COUNTY makes use of said documents on a project 75 or projects not covered under this Contract, without CONSULTANT'S express written U consent, such use shall be at the sole discretion, liability, and risk of the COUNTY. y 9.3 SUCCESSORS AND ASSIGNS N The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the p g 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 Page 9 Packet Pg. 2996 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. c (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. y 9.6 CONTRACT DOCUMENTS LU This contract consists of the Request for Qualifications, any addenda, the Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in _ m the Agreement as a part of this Agreement, and Attachment A, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES 0 U 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 y 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. N By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida 'LU a 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 sub-consultant has committed an act Page 10 Packet Pg. 2997 defined by Section 287.133, Florida Statutes, as a"public entity crime"and that it has not N been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub- consultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting o 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 m together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW,VENUE,INTERPRETATION, COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the Sixteenth Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. y 9.10 SEVERABILITY N 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 Page 11 Packet Pg. 2998 CONSULTANT agree to reform the Agreement to replace any stricken provision with a N valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the _ enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT c 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 LU Each party represents and warrants to the other that the execution, delivery and m 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. x 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be U attempted to be resolved by meet and confer sessions between representatives of each of y 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. 0 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, Page 12 Packet Pg. 2999 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 n 7 CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT agrees to comply with all Federal and Florida statutes, and all local c 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 y 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 0 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 V1I1 of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination c, in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, LU 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. y 9.18 COVENANT OF NO INTEREST N 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 LU performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Page 13 Packet Pg. 3000 9.19 CODE OF ETHICS N 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 c 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 76 monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC RECORDS COMPLIANCE. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The Contractor shall allow the COUNTY reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, upon request by the County in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this Lu provision shall be deemed a material breach of this contract and the County may enforce 75 the terms of this provision in the form of a court proceeding and shall, as a prevailing U party, be entitled to reimbursement of all attorney's fees and costs associated with that y proceeding. This provision shall survive any termination or expiration of the contract. N The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a Page 14 Packet Pg. 3001 reasonable time at a cost that does not exceed the cost provided in this chapter or as N otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor v, does not transfer the records to the County. 0 (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records ' disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for c retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. y (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must Lu provide the records to the County or allow the records to be inspected or copied within a reasonable time. C 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. x 9.23 PRIVILEGES AND IMMUNITIES 7 All of the privileges and immunities from liability, exemptions from laws, ordinances, U and rules and pensions and relief, disability, workers' compensation, and other benefits y 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. Lu 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 Page 15 Packet Pg. 3002 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 -a constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise c 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 ti to the community in general or for the purposes contemplated in this Agreement. y 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the c, 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 y be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. N 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. Page 16 Packet Pg. 3003 9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND N 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 v, 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 c performance of contracts, entered pursuant to this Agreement. ca 9.30 PURSUANT TO SECTION 558.0035, FLORIDA > STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 0 [Remainder of this page purposely left blank] 0 x 0 N 0 Page 17 Packet Pg. 3004 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly N •,autbQrized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS r � OF MONROE COUNTY,FLORIDA ' N MADOE, Clerk By: Deputy Clerk Mayor/Chairman c C 12 2' 17 Date: � > cn (Seal) y< LU `.: 1974 JONES EDMUNDS &ASSOCIATES,INC. Attest: By: By:. LU U Title: Contracts Specialist Title: Managing Director& Senior Vice President 0 r� x 75 r� C - N r— .- _ /+ EVEGs Lt1 :.} -- — -- - — -- a r� Page 18 Packet Pg. 3005 N ATTACHMENT A CONSULTANT RATES c c, 0 c 2 0 c, x 0 cn Lu 0 Packet Pg. 3006 Q.4.c JONES EDM UNDS�. N 2017 Standard Hourly Rates Labor Category Rate 0 Project Officer $ 240 76 Senior Project Manager $ 205 Project Manager $ 170 Chief Engineer or Scientist $ 220 Senior Engineer $ 215 Senior Scientist $ 160 c Project Engineer or Scientist $ 150 Engineer or Scientist $ 120 Engineer Intern or Associate Scientist $ 100 > Designer $ 120 Senior CADD Designer $ 115 CADD Designer $ 100 Senior CADD Technician $ 90 E CADD Technician $ 80 Senior GIS Analyst or Senior GIS Programmer $ 130 > GIS Analyst or Programmer $ 100 �-- Senior GIS Technician $ 80 GIS Technician $ 70 Senior Database Administrator $ 165 Database Administrator $ 125 Environmental Data Analyst $ 90 Senior Field Technician Environmental $ 95 Field Technician Environmental $ 85 Senior Construction Administrator $ 150 Construction Administrator $ 120 Senior Field Representative Construction $ 105 y Field Representative Construction $ 85 Construction Project Coordinator $ 70 Senior Administrative Assistant $ 85 Administrative Assistant $ 65 Senior Technical Editor $ 110 0 730 NE Waldo Road I Gainesville, FL 32641 Phone 352.377.5821 Fax 352.377.3166 1 www.ionesedmunds.com Packet Pg. 3007 Q.4.c'' JONES EDM UNDS N Reimbursable Expense Schedule Reproduction Color Copies 8-1/2 x 11 and 8-1/2 x 14 $0.50 page 11x17 $0.75 page a, Black and White Copies 8-1/2 x 11 and 8-1/2 x 14 $0.05 page 11x17 $0.10 page KIP Plotter $0.125 square foot o Mylars actual cost + 10% Office SuppliescJ Project-specific office supplies actual cost + 10% Computer disks, tapes actual cost + 10% 76 Equipment GPS Equipment $5.00 hour RTK Unit (Survey Grade) $25.00 hour Equipment rental actual cost +10% TravelExpenses Travel Expenses -Travel, per diem, meals, and mileage shall be reimbursed in accordance with Monroe County Code Sec. 2-106 through 2-117. Other travel expenses shall be paid in accordance with F.S 112.061. Computer CADD $12.50 hour GIS $5.00 hour U HYDR (Hydraulic Modeling) $7.50 hour y SKM Power $10.00 hour Consultants Subconsultant services actual cost + 10% ,Delivery 0 Couriers and delivery services (UPS, FedEx) actual cost + 10% 730 NE Waldo Road ( Gainesville, FL 32641 1 Phone 352.377.5821 Fax 352.377.3166 1 www.jonesedmunds.com Packet Pg. 3008 Q.4.c1 Client#: 1049387 JONESEDM1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/02/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. N 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). PRODUCER CAO ME:NTACT NLU USI Insurance Services, LLC, PHONE FAX JC,No,E:t:813 321-7500 qIC,No): 1715 N.Westshore Blvd.Suite 700 E-MAIL Tampa,FL 33607 ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# _ - INSURERA:Phoenix Insurance Company 25623 INSURED INSURER B:Travelers Indemnity Company 25658 W Jones Edmunds&Associates, Inc. 730 N.E.Waldo Road INSURER C,Travelers Casualty and Surety C 31194 0) INSURER D:XL Specialty Insurance Company 37885 , Gainesville, FL 32641 INSURER E: ro Travelers Property Cas.Co.of 25674 CJ p y INSURER F C) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CD 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. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY X X 6801951 L902 6/30/2016 06/30/2017 EACH OCCURRENCE $1,000,000 CD DAMAGE TO RENTED CLAIMS-MADE 4 OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ^I JECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY X X BA1958L731 6/30/2016 06/301201 COMBINED SINGLE LIMIT Ea accident $ ,1 000,000 X ANY AUTO BODILY INJURY(Per person) $ W I ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ � NON-OWNED PROPERTY DAMAGE k HIRED AUTOS X AUTOS Per accident $ B X UMBRELLA LIAB X OCCUR X X CUP6513Y228 6/30/2016 06130/2017 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 i DED I X RETENTION$10,000 $ C WORKERS COMPENSATION X U B3911 T035 6/30/2016 06/30/201 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ERLd ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional DPR9806879 6/30/2016 06/3012017 $5,000,000 per claim y Liability $5,000,000 annl aggr. �+ N DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Professional Liability coverage is written on a claims-made basis. RE:Agreement for On-Call Professional Engineering Services; Category C,Environmental Engineering Services Monroe County is named as an additional insured on all policies listed above except the workers compensation and professional liability policies as required by written contract. > W PPP vEp GEtvIENt 3Y O CERTIFICATE HOLDER CANCELLATION w Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE U THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10250 Overseas Highway,Suite 246 ACCORDANCE WITH THE POLICY PROVISIONS. Key Largo,FL 33037 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S20427981/M18165416 MRLEW Packet Pg. 3009