Item Q2
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
May 18, 2022
Agenda Item Number: Q.2
Agenda Item Summary #10318
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453-8774
Not Applicable
AGENDA ITEM WORDING: Approval to enter into a $0 contract with Tetra Tech, Inc. for on-
call professional engineering services for the canal restoration program for the Category B Canal
Infrastructure Engineering Services.
ITEM BACKGROUND: This item is to approve entering into a contract with Tetra Tech, Inc. to
provide on-call professional engineering services for Category B canal infrastructure engineering
On September 29, 2021 a Request for Qualifications (RFQ) was issued for the on-call services for
categories A, B and C canal and resilience programs. On November 30, 2021 the RFQ was opened.
Two respondents responded to the Category B canal infrastructure engineering services: Wood
Environment & Infrastructure Solutions, Inc. and Tetra Tech, Inc. Tetra Tech has previously
provided services under this category B to the County, and therefore a selection committee meeting
was not held. Wood has also previously provided services. Therefore, both Wood and Tech were
selected as the Category B firms.
It is anticipated that the federal RESTORE and State Stewardship grant funds will fund the majority
of Category B services. Future task orders will be created as funds become available and the source
of funds will be identified for each task order that may be issued during the 4-year contract period.
PREVIOUS RELEVANT BOCC ACTION:
08-18-21: Approval to advertise on call professional engineering services for the resilience and
canal restoration programs, including Category A - Canal Master Plan Program Planning Services,
Category B -Canal Infrastructure Engineering Services for Projects and Category C - Resilience /
Environmental Engineering Services.
02-16-22: Approval to enter into a $0 contract with Wood Environment & Infrastructure Solutions,
Inc. for on-call professional engineering services for the canal restoration program for the Category
B - Canal Infrastructure Engineering Services.
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CONTRACT/AGREEMENT CHANGES:
Not Applicable
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Category B - Tetra Tech contract - signed by vendor
Bid Tabulation Sheet REVISED On Call Canals and Resilience
2022 04 COI Tetra Tech Inc signed
FINANCIAL IMPACT:
Effective Date: Upon execution Expiration Date: 4 Years
Total Dollar Value of Contract: $0 for the On-call contract(s). Task Orders to be issued will
contain the $ amounts.
Total Cost to County: TBD Current Year Portion: $0
Budgeted: Yes
Source of Funds: Anticipated to be RESTORE and Keys Stewardship Grant Funds.
CPI: Yes Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: TBD
Revenue Producing: No If yes, amount:
Grant: No County Match: No
Insurance Required: Yes, as specified in Agreement.
Additional Details: Upon execution of the on-call contract(s), task orders will be issued for the
work projects. Task orders will not be issued until the fund source(s) has been identified.
REVIEWED BY:
Rhonda Haag Completed 04/18/2022 9:47 AM
Cynthia Hall Completed 04/18/2022 9:56 AM
Purchasing Completed 04/18/2022 11:51 AM
Budget and Finance Completed 04/18/2022 12:21 PM
Brian Bradley Completed 04/18/2022 3:22 PM
Lindsey Ballard Completed 04/25/2022 9:58 AM
Board of County Commissioners Pending 05/18/2022 9:00 AM
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AGREEMENT FOR
ON CALLPROFESSIONAL ENGINEERING
SERVICES FOR
CATEGORY B CANAL INFRASTRUCTURE
ENGINEERING SERVICES
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
TETRA TECH, INC.
This Agreement(“Agreement”) made and entered into this day of ,
2022by andbetween Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Suite 205, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
(“BOCC”) and Tetra Tech, Inc. (“CONSULTANT”), whose address is 759 S. Federal Highway, Suite
314, Stuart, FL 34994, its successorsand assigns, hereinafterreferredtoas"CONSULTANT".
WITNESSETH:
WHEREAS,COUNTY desirestoemploy theprofessional engineering services of
CONSULTANT for Category B canalinfrastructure engineering services and related services locatedin
Monroe County, Florida and
WHEREAS, CONSULTANT has responded to the County’s Request for Qualifications and
has agreed to provide professional services for miscellaneous projects in which construction costs do
not exceed $4,000,000.00, or study activity if the fee for professional services for each individual
study under the contract does not exceed $500,000, or for work of a specified nature as outlined in the
contract required by the agency, and
WHEREAS, the professional services requiredby this Contract will be for services in the formof
a continuing contract, commencing the effective date of this agreement and ending four years thereafter,
with options for the County to renew for one additional 1 year period, and
WHEREAS, specific services will be performed pursuant to individual task orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work,time
schedule, charges and payment conditions, andadditionalterms andconditionsthat are applicable to such
Task Orders, and;
WHEREAS, execution of a TaskOrder by the COUNTY and the CONSULTANT constitutes the
COUNTY’s written authorization to CONSULTANT to proceed with the services described in theTask
Order, and;
WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except
to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the
Article of this Agreement to be modified will be specifically referenced in the Task Order andthe
modification shall be precisely described, and;
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NOW, THEREFORE, in consideration ofthe mutualpromises, covenants andagreements statedherein,
and for other good and valuableconsideration, the sufficiency of which is hereby acknowledged,
COUNTY and CONSULTANT agree asfollows:
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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 TheCONSULTANTshallmaintainallnecessarylicenses,permitsorotherauthorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT’S duties
hereunder have been fully satisfied;
1.1.2 TheCONSULTANThasbecomefamiliarwiththepotential Projectsitesandthelocal
conditions under which the Work is to be completed.
1.1.3 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
1.1.4 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 alltimes and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the BoardofCounty Commissioners for Monroe County.
No statement contained in this agreement shall beconstrued 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 ofrace, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related, in
its recruiting, hiring, promoting, terminating, orany 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
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2.1 The CONSULTANT will perform for the COUNTYservicesasdescribed in individual Task
Orders in accordance with the requirements outlined in the Agreement and the specific Task Order.
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CONSULTANT shall provide the following Category B Canal Infrastructure Engineering and related
services at the request of the County:
A. C omprehensive canal infrastructure engineering services including but not limited to
performing studies, engineering studies, engineering design services for canal
restoration construction projects, including design, surveying, drafting, preparing
specifications and solicitation/contract documents, sediment and water quality studies,
hydrologic, geotechnical investigations, permitting, assisting with review of contractor
proposals or bids, comprehensive project management services, and construction
engineering and inspection services.
B. Homeowner / resident outreach services. Individual homeowner outreach is an important
task under the County’s canal restoration program, to provide individual homeowner
notification of the project, obtain individual resident approvals of the project, obtain
approval for access to residential lots for temporary construction purposes and for long
term placement of equipment, and hosting neighborhood meetings to educate what can be
done to protect water quality at the individual level.
C. Construction engineering and inspection (CEI) services are an important task. Full or
part time CEI services shall be provided by qualified and approved personnel.
2.2 CONSULTANT shall perform and carry out in a professional and proper manner certain duties
as described in the Task Orders to be issued. CONSULTANT shall provide the scope of services in the
task orders for the COUNTY. CONSULTANT warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in these
Agreement documents. The CONSULTANT shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided. CONSULTANT
shall provide services using the following standards, as a minimum requirement:
A. The CONSULTANT shall maintain adequate staffing levels to provide the services
required under the Agreement resulting from the RFQ process.
B. The personnel shall not be employees of or have any contractual relationship with the
COUNTY. To the extent that CONSULTANT uses subcontractors or independent
contractors, this Agreement specifically requires that subcontractors and independent
contractors shall not be an employee of or have any contractual relationship with
COUNTY.
C. All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, to be authorized or permitted under State and local law to
perform such services.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its sub-consultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and
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hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested,
to the following:
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Ms.Rhonda Haag
Director ofSustainability and Projects
Monroe County
102050 Overseas Highway, Room 246
Key Largo, FL 33037
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida33040
For the Consultant:
Mr. Dave Frodsham
Senior Civil Engineer
Tetra Tech, Inc.
759 S. Federal Highway, Suite 314
Stuart, FL 34994
2.4 TERM.
This Agreement shall commence as of the Effective Date and shall run for a term of four (4) years,
unless otherwise terminated in accordance with the provisions of this Agreement. At the election of
the COUNTY, this Agreement may be extended for one (1) additional year.
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in theScope of Basic Services. Should the
COUNTYrequire additional servicesthey shallbepaid for by theCOUNTYat ratesor fees
negotiatedatthe time when services are required,butonlyifapproved bythe COUNTY
before commencement.
3.2 If AdditionalServices are required the COUNTY shall issuea letter requestingand describing
the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee
proposal to perform the requested services. Only after receiving an amendmenttothe
Agreement anda notice t o proceed from the COUNTY, shall the CONSULTANT proceed with the
Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTYshall provide fullinformation 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
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the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT inorder toavoid unreasonable
delay in the orderly andsequential progress of the CONSULTANT’S services.
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4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT ifthey become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT’S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
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 informationthat may beof assistance to the CONSULTANT thatthe COUNTY has
immediateaccess to willbeprovided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/MonroeCounty andMonroeCountyBoardof County Commissioners, itsofficers
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 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 therequired
insurance, the CONSULTANT shallindemnifyCOUNTY fromany and all increased
expenses resulting from such delays.
5.3 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.4 This indemnification shall survivethe expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
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6.1PERSONNEL
The CONSULTANTshall assign only qualified personnel to perform any service concerning the project.
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At the time ofexecution of thisAgreement, the parties anticipate that the following named individuals
will perform those functionsasindicated:
NAMEFUNCTION
Dave Frodsham Project Manager
So long as the individuals namedaboveremain actively employedorretained 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.
6.2 FLORIDA STATUTES SECTION 448.095: E-VERIFY
As required by Section 448.095, the CONSULTANT shall register and use the federal e-Verify system
to ensure the work status of all employees hired on or after 1/1/2021. By entering into this Agreement,
the CONSULTANT confirms that it will comply with Section 448.095, and will register and use the e-
Verify system, and that if the CONSULTANT enters into any agreements with subcontractors, the
CONSULTANT will ensure that the subcontractor provides an affidavit to the CONSULTANT stating
that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. This
Agreement is terminable by the COUNTY in accordance with the terms of F.S. 448.095 for violation of
the statute and these provisions.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT’S
performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment
A.
7.2 PAYMENTS
7.2.1 For its assumption and performancesof theduties, obligations and responsibilities set
forth herein, the CONSULTANTshallbepaid monthly. Payment will be made pursuant to
the Local Government Prompt Payment Act, Section218.70, Florida Statutes.
(A) If the CONSULTANT’S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward or
downward;
(B) As a condition precedent for any payment due under this Agreement,
the CONSULTANT shall submit monthly, unless otherwise agreedin writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. TheCONSULTANT’S invoice
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shall describe with reasonable particularity the service rendered. The
CONSULTANT’S invoiceshall be accompanied by such documentation or data in
support of expenses for which payment issought at the COUNTY may require.
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7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest
of theproject:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living
expenses in connection with travel authorized by the COUNTY, in writing, butonlyto
extent andin the amountsauthorized by Section 112.061, Florida Statutes.
the
b. Travel time charges shall not begin until the employee reaches mile marker 105 if
coming from outside of Monroe County, and shall not be charged if the employee
resides within Monroe County.
c. Outside Professional and Technical labor used on a temporary basis and approved in
advance by the County will be charged at no more than a 10% markup.
d. Subcontract services will be invoiced at a cost multiplied by no more than 1.15.
e. Cost of reproducing maps or drawings or other materials used in performing the scope
of services; and
c. Postage and handling ofreports.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY isnotobligated to
pay, any feesorexpenses in excess of theamount 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 Boardof County
Commissioners.
7.4.2 The COUNTY’sperformance and obligationto 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 CONSULTANTshall obtaininsurance as specified and maintain the required insurance at
all times that this Agreement is in effect. In theevent the completion of the project (to include
the work of others) is delayed or suspended as a result of the CONSULTANT’S failure to
purchase or maintain the required insurance, the CONSULTANT shall indemnify the
COUNTY from any and all increased expenses resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or
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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
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coverageshall be written byan insurer acceptable to the COUNTY andshall be in a form
acceptable to the COUNTY.
8.3 CONSULTANTshallobtainandmaintainthefollowingpolicies:
A. Workers’ Compensation insurance asrequiredby the State of Florida, sufficient to respond
to Florida Statute 440.
B. Employers Liability Insurance withlimits 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)annualaggregate.
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
coveredactoromissionoftheCONSULTANT oranyofitsemployees,agentsor
subcontractorsorsub-consultants, includingPremisesand/orOperations,Productsand
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 policyispreferred. If coverageis changed to or provided on a
Claims Made policy, its provisions should include coveragefor claimsfiled on or after the
effective date of this contract. In addition, the period for which claims may be reported
must extend for a minimum of 48 months following the termination or expiration of
this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a “claims made”
policy, CONSULTANT shall maintain coverage or purchase a “tail” to cover claims made
after completion of the project to cover the statutory time limits in Chapter 95 of the Florida
Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT’S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its sub-consultants to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for sub-consultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTYreserves the right to require a certified copy of such policies upon request.
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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
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financial statementsfromthe fund upon request from the COUNTY.
J. In no event shall any coverage provided by CONSULTANT extend to claims caused by the acts,
omissions or negligence of the additional insureds.
ARTICLE IX
MISCELLANEOUS
9.1 SECTIONHEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such sectionheadings are not apart of this Agreement and will not be used in the
interpretationofanyprovisionofthisAgreement.
9.2OWNERSHIPOFTHEPROJECTDOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be
reproduced and copied without acknowledgement or permission of the CONSULTANT. In the event
that COUNTY makes use of said documents on a project or projects not covered under this Contract,
without CONSULTANT’S express written consent, such use shall be at the sole discretion, liability, and
risk of the COUNTY.”
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.
If the COUNTY is not the ultimate beneficiary of the Services or CONSULTANT’s work product is
used in such a way as to create or induct reliance by any third party, the COUNTY represents and
warrants (i) that it shall bind its clients and/or such third parties to limitations on and protections against
liability “protective provisions” commensurate with those afforded CONSULTANT hereunder and that
such protective provisions are intended to and do in fact inure to the benefit of CONSULTANT, and/or
(ii) that COUNTY has the power to act on behalf of its clients and/or such third parties and does hereby
bind such parties to these protective provisions.
9.5 TERMINATION
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A.IntheeventthattheCONSULTANTshallbefoundtobenegligentinanyaspectof service,the
COUNTY shall have the right to terminate this agreement after five (5) days written notification to the
CONSULTANT.
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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 Qualifications, any addenda, the Agreement (Articles I-IX),
the CONSULTANT’S response to the RFQ, the documents referred to in the Agreement asa part of
this Agreement, including Attachment A Consultant Rates, 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 repairof a publicbuilding or
public work, may not submit bids on leasesof 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 placedon the convicted vendor list.
Bysigning 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 sub-consultant has committed an act defined by Section 287.133, Florida
Statutes, as a “public entity crime” and that it has not been formally charged with committing an act
defined as a “public entity crime” regardless of the amount of money involved or whether
CONUSULTANT has been placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub-consultant is
formally charged with an act defined as a “public entity crime” or has been placed on the convicted
vendor list.
9.8 MAINTENANCE OF RECORDS
CONTRACTOR 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
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during the term of the Agreement and for seven years following the termination of this Agreement. If an
auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant
to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained
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by the CONTRACTOR, the CONTRACTOR 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
This Agreement shall be governed by and construed in accordance withthelaws ofthe Stateof
Florida applicable to contracts madeandto beperformedentirely in theState. 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 MonroeCounty.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree
to reform the Agreement to replace any stricken provision with a valid provision that comes as close
as possible to the intent of the stricken provision.
9.11 ATTORNEY’S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, court costs, investigative,
and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney’s
fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONSULTANT and 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 byallnecessaryCounty and corporate action,asrequired by
law.
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9.14 CLAIMS FOR FEDERAL OR STATE AID
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CONSULTANT and COUNTYagree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further thepurpose 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 servicesunder 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 agreethat there willbe no discriminationagainst any person, anditis
expressly understood that upon adeterminationby a court of competent jurisdiction that discrimination
has occurred, this Agreementautomatically terminates without any further action on the part of any
party, effective the date of the court order. CONSULTANT agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to:
1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment
on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 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 § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 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 §§ 12101),
as amended from time to time, relating to nondiscrimination in employment 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, sexual orientation, gender identity or expression, familial
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status or age; and 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.
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During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment
Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity,
and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees
as follows:
(a) 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 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.
(b) 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 national origin.
(c) 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 employee’s essential job functions,
discloses the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal complaint or charge,
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the CONSULTANT’s legal duty to furnish information.
(d) 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 provided by
the agency contracting officer, advising the labor union or workers' representative of the Consultant'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) The CONSULTANT will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(f) The CONSULTANT will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of 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 compliance with such rules,
regulations, and orders.
(g) 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 Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(g) The CONSULTANT will include the portion of the sentence immediately preceding sub-
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paragraph (a) and the provisions of paragraphs (a) through (g) 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
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subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or
purchase order as the administering agency may 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.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant thatneither 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 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 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 under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the County and Consultantin 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 party, be entitled
to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
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The Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision.
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Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to:
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the County’s custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the Consultant does not transfer the records to the
County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession
of the 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 County upon completion of the contract,
the Consultant shall destroy any duplicate 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 systems
of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly to
the County, but if the County does not possess the requested records, the County shall immediately
notify the 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 Contractor does not comply with the County’s request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County’s option
and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records
unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT
(305) 292-3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY’S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST,
FL 33040.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered
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into by the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
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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 ofactualand timely performance thereof by anyparticipating
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 theextentpermittedby the Florida
constitution, state statute, and case law.
9.25 NON-RELIANCE BY NON-PARTIES
No person or entityshall be entitled to rely upon theterms, or anyof them, of this Agreement
to enforce orattempt toenforce any third-party claim orentitlementtoor benefit of any serviceor
program contemplated hereunder, andthe CONSULTANT and the COUNTY agree that neither the
CONSULTANT nor the COUNTY or any agent,officer, or employee of either shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to
the Agreement are accurate, complete, and current at the time of contracting. The original contract price
and any additions thereto shall be adjusted to exclude any significant sums by which the agency
determines the contract price was increased due to inaccurate, incomplete, orconcurrent wage ratesand
other factual unit costs. All such adjustments must be made within one yearfollowing the endof 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 Countyinhis 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
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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 constituteone and the same instrument andany of the
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parties hereto may execute thisAgreement by signinganysuch counterpart.
PURSUANT TO SECTION 558.0035, FLORIDA
9.39
STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT
OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY
LIABLE FOR NEGLIGENCE.
Section 32. INDEPENDENT CONTRACTOR.
At all times and for all purposes hereunder, the CONSULTANT is an independent contractor and not an
employee of the Board of County Commissioners. No statement contained in this agreement shall be
construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants or agents
to be employees of the Board of County Commissioners for Monroe County. As an independent
Consultant the CONSULTANT shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be
provided.
Section 33. COMPLETENESS OF WORK.
The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project, and shall
correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the
work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by
the COUNTY as a result of additional costs caused by such errors shall be chargeable to the
CONSULTANT. This provision shall not apply to any maps, official records, contracts, or other data
that may be provided by the COUNTY or other public or semi-public agencies.
Delays or hindrances, if any, caused by the COUNTY, shall be compensated for by the COUNTY by a
no-cost extension of time for a reasonable period for the CONSULTANT to complete the work
schedule. Such an agreement shall be made between the parties.
Section 34. FEDERAL REQUIRED CONTRACT PROVISIONS
The CONSULTANT and its subcontractors must follow the provisions, as applicable, as set forth in 2
C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as amended, including but
not limited to:
34.1 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 subgrants of amounts in excess of $150,000.
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34.2 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 Security Grant program, Port
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Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess
of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§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 addition, contractors must be required to pay wages not less than once a week. If applicable,
the COUNTY must place a copy of the current prevailing wage determination issued by the Department
of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The COUNTY must report all suspected or reported violations
to the Federal awarding agency. When required by Federal program legislation, which includes
emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit
Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program), the contractors must also comply with the
Copeland “Anti-Kickback” Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations
(29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States”). As required by the Act, each contractor or
subrecipient 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.
a. 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 reference into this
contract.
b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause
above and such other clauses as 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.
c. Breach. A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a Consultantand subcontractor as provided in 29 C.F.R. § 5.12.
34.3. 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 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 forty (40) hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The
requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
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34.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
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parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part
401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued
by the awarding agency.
34.6 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.
34.7 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 tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
34.8 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 include procuring only
items designed in guidelines of the Environmental Protection Agency (EPA at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines. (1) In the performance of this contract, the Consultantshall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be acquired; (i)
Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)
Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this
requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive
Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-
cpg-program.
34.9 Prohibition on certain telecommunications and video surveillance services or equipment as set
forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not
obligate or expend any federal funds to (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
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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
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surveillance of critical infrastructure, and other national security purposes, video surveillance 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 entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
34.10 Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and
CONSULTANT should, to the great extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufacturedproducts). These requirements of this
section must be included in all subawards 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. (2)
“Manufactured products” means items and construction materials composed in whole or in part of non-
ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
OTHER FEDERAL AND FEMA REQUIREMENTS (if applicable)
34.11 Americans with Disabilities Act of 1990 (ADA), as amended. The CONSULTANT will comply
with all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONSULTANT pursuant thereto.
34.12 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 2 C.F.R. §200.321 (as set forth below), 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.
34.13 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.
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b. Affirmative steps must include:
i. Placing qualified small and minority businesses and women’s business
enterprises on solicitation lists;
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ii. Assuring that small and minority businesses, and women’s business enterprises
are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women’s business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women’s business enterprises;
v. Using 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.
vi. Requiring the Prime Consultant, if subcontractors are to be let, to take the
affirmative steps listed in paragraph (i) through vi) of this section.
34.14 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 the Consultantduring the
term of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-
Verify system to verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
34.15 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the Department
of Homeland Security (DHS) and the Federal Emergency Management Agency’s (FEMA) access to
records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1)
Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS
access to and the right to examine and copy records, accounts, and other documents and sources of
information related to the grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other applicable laws or program
guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports.
34.16 DHS Seal, Logo, and Flags. Consultant shall not use the Department of Homeland Security
seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA
approval.
34.17 Changes to Contract. The Consultant understands and agrees that any cost resulting from a
change or modification, change order, or constructive change of the agreement must be within the scope
of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the
completion of the Project. Any contract change or modification, change order or constructive change
must be approved in writing by both the County and Consultant.
34.18 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only. The Consultant
will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
34.19 No Obligation by Federal Government. The Federal Government is not a party to this contract
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and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, Consultant, or any
other party pertaining to any matter resulting from the contract.
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34.20 Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Consultant's actions pertaining to this contract.
34.21
(In the event of FDEM funding) The Consultant is bound by the terms and conditions of the
Federally-Funded Subaward and Grant Agreement between County and the Florida Division of
Emergency Management (Division) found at the following link on the Monroe County web page:
https://www.monroecounty-fl.gov/fdemgrantagreement.
34.22 (In the event of FDEM funding) The Consultant shall hold the Division and County harmless
against all claims of whatever nature arising out of the Consultant’s performance of work under this
Agreement, to the extent allowed and required by law.
35.CONSULTANT Liability. Notwithstanding any Article to the contrary contained in the
Agreement, CONSULTANT’s total liability rising out of or in connection with the Agreement shall in
no event extend beyond one year after completion of the Agreement or exceed the total amount of
compensation paid to CONSULTANT or one million dollars ($1,000,000), whichever is greater. The
warranties and remedies set forth herein are exclusive. CONSULTANT makes no other warranties,
express or implied, with respect to its performance under this Agreement. CONSULTANT and its
employees shall in no event be liable for any special, indirect or consequential damages, including
specifically but without limitation, loss of profits or revenue, loss of use of any facility or property,
including real property, cost of capital, loss of goodwill, claims of customers, or similar damages. The
foregoing shall apply to the fullest extent allowed by law irrespective of whether liability of
CONSULTANT is claimed, or found to be based in contract, tort or otherwise (including negligence,
warranty, indemnity and strict liability).
IN WITNESS WHEREOF,each party has caused thisAgreement to be executed by its duly authorized
representativeon thedayandyearfirstabovewritten.
(SEAL) BOARDOF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
Date:
(Seal) TETRA TECH, INC.
Attest:
BY: By:
Title: Title:
VP, SE Operations Manager
Bqqspwfebtupgpsnboemfhbmtvggjdjfodz;
NpospfDpvouzBuupsofz(tPggjdf
5.7.33
END OFAGREEMENT
-22-
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ATTACHMENT A
CONSULTANT RATES
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TETRA TECH, INC.
Schedule of Hourly Rates
CLASSIFICATIONRATE
Engineers / Scientists / Planners
Eng/Sci/Planner Technician $63.00
Eng/Sci/Planner Staff I$70.00
Eng/Sci/Planner Staff II$80.00
Eng/Sci/Planner Staff III$90.00
Eng/Sci/Planner Staff IV$100.00
Eng/Sci/Planner Staff V$110.00
Eng/Sci/Planner Staff VI$120.00
Eng/Sci/Planner Staff VII$130.00
Eng/Sci/Planner Staff VIII$140.00
Eng/Sci/Planner Senior Staff I$160.00
Eng/Sci/Planner Senior Staff II$170.00
Eng/Sci/Planner Senior Staff III$180.00
Eng/Sci/Planner Manager I$190.00
Eng/Sci/Planner Manager II$199.00
Senior Consultant I $215.00
Senior Consultant II$230.00
Principle-In-Charge $265.00
GIS / Designers / Drafters
GIS / Design Staff II$82.00
GIS / Design Staff III$97.00
GIS / Design Staff IV$110.00
GIS / Design Staff V$120.00
GIS / Design Staff VI$135.00
GIS / Design Manager I$150.00
Financial Support / Procurement / Administrative
Project Support Services II$72.00
Project Support Services IV$97.00
Project Support Services VI$118.00
Project Support Services VIII$142.00
Project Support Services Manager II$169.00
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Qbdlfu!Qh/!3645
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2:5.FRQT.FRVJQQPPM/21/12
QITF3133!Sbuft
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00004Single beam and Multi-Channel Echosounders$150.00
00006Hydrographic, Sidescan Sonar and Core Logging Software$120.00
000163 Phase Vibracorer System, Winches, Tow Cable, Power Grab$462.00
00017Cable Vibracore and Gravity Core Systems$198.00
00023Fledermaus Pro Software$102.00
00024Bat Monitoring Equipment (Short Term)$100.00
00026Digital Cameras and Small Field Equipment/Tools$6.00
00027Differential Global Positioning Systems (DGPS)$54.00
00028CTD Profilers, Current Meters, Undewater Cameras and Tide Gauges$114.00
00029Sampling and Monitoring Equipment, Generators$54.00
00031Motor and Inflatable Boats and UTVs$114.00
Applanix Position/Motion Sensor$480.00
00034
Customized Mapping/Sampling Boats$480.00
00035
00036Laser Scanners$480.00
00037High Precision GPS - Leica 1200 Series, Trimble SPS, Trimble GeoXH, Arrow Gold RTK$102.00
Heavy Duty Pick-up Trucks$120.00
00038
Multibeam Sonar, USBL and Subsea INS$1,140.00
00039
00040Marine Magnetometers, Gradiometers and Electromagnetic Systems$480.00
00041CARIS HIPS/SIPS Software$240.00
Customized Mapping/Sampling Vessels$1,200.00
00043
Subbottom Profiling Sonar System$780.00
00045
00046Noise Measurement (underwater) Equipment - Hydrophones$240.00
00049Total Stations$150.00
Temperature Monitoring Equipment$295.00
00050
Inspection ROV$315.00
00051
00052Merlin Radar Equipment$700.00
00053Light Duty Pickup Vehicles$80.00
Field Tablets$10.00
00054
Thermal Imaging$65.00
00055
00056Noise Measurement (in air) Equipment$100.00
00057Work Containers$200.00
Mighty Probes, Spot Locators, Clinometer/Rangefinders$10.00
00058
Electrofisher System$125.00
00059
00060Mid-size Boats$200.00
00061Map-Grade DGPS - Bad Elf, Arrow 100/200, Spike Laser$25.00
00062High Accuracy GNSS$80.00
Survey Grade GNSS - Trimble R10 RTK$150.00
00063
Professional Digital Cameras$50.00
00064
00100Single Head Mobile LiDAR scanner without Imagery. (Riegl VUX-1HA or similar)$1,000.00
00101Single Head Mobile LiDAR scanner with imagery. (Riegl VUX-1HA or similar)$1,800.00
Dual Head Mobile LiDAR scanner with Imagery (Riegl VUX-1 or similar)$7,500.00
00102
Static Terrestrial LIDAR Scanner System (Riegl VZ-400i or similar)$580.00
00103
00104Small Unmanned Aerial System with Imagery (DJI Inspire2 or EBEE)$250.00
Heavy-lift Unmanned Aerial System without LiDAR. (Triad Observer QuadCopter or similar)$600.00
00105
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Page 1 of 1
TETRA TECH, INC.
Qbdlfu!Qh/!3646
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RFQ
against the
.
CATEGORYNO COST BID
ServicesServicesServicesServicesServicesServices
Canal Infrastructure Engineering
Resilience Services/Environmental
Resilience Services/Environmental Resilience Services/Environmental Resilience Services/Environmental Resilience Services/Environmental
Resilience Services/Environmental
-
–
----
-
Category B
Category C
Category CCategory CCategory CCategory CCategory C
AT 3:00 PM
1
2
20
,
BID BOND
above were received by the date and time specified
BUDGET AND FINANCE TABULATION SHEET
NOVEMBER 30
PURCHASING DEPARTMENT
RESILIENCE PROGRAMS
Engineering
MONROE COUNTY, FLORIDA
(Cummins), Elaine Tolon (Jacobs), Nadia Locke
Group, Inc
Purchasing Coordinator
OPEN DATE:
Cat Onlick
Senior
:
,
Tetra TechTetra Tech
RESPONDENT
GHD Services, Inc
E Sciences Incorporated
Atkin North America, Inc
ynn Gonzalez
Jacobs Engineering
ON CALL PROFESSIONAL ENGINEERING SERVICES FOR THE CANAL RESTORATION AND
Cummins/Cederberg Coastal & Marine
TITLE:
Members of the Public PresentI hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checkedState of Florida Convicted
& Suspended Vendor listings. All bids listedBid Opened By: L
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Qbdlfu!Qh/!3648
against the
fied.
CATEGORYNO COST BID RFQ
Services
Canal Infrastructure Engineering
-
Resilience Services/Environmental
-
Category B
Category C
CATEGORY A: CANAL MASTER PLANNING
BID BOND
TABULATION SHEET
BUDGET AND FINANCE
PURCHASING DEPARTMENT
RESILIENCE PROGRAMS
MONROE COUNTY, FLORIDA
OPEN DATE: NOVEMBER 30, 2021 AT 3:00 PM
: Cat Onlick (Cummins), Elaine Tolon (Jacobs), Nadia Locke
RESPONDENT
Environment & Infrastructure Solutions, Inc
ON CALL PROFESSIONAL ENGINEERING SERVICES FOR THE CANAL RESTORATION AND
Wood Wood Environment & Infrastructure Solutions, Inc
Wood Environment & Infrastructure Solutions, Inc
TITLE:
Members of the Public PresentI hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checkedState of Florida Convicted
& Suspended Vendor listings. All bids listed above were received by the date and time speci Bid Opened By: Lynn Gonzalez, Senior Purchasing Coordinator
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