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Item O14
0.14 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: 0.14 Agenda Item Summary #10628 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 Not Applicable AGENDA ITEM WORDING: Approval to enter into a $173,716.00 Task Order 42, to provide CEI services for the canal 28 Key Largo backfill project under the 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, funded by Stewardship grant LPA0241, ITEM BACKGROUND: This item is to approve entering into Task Order 42 for $173,716.00 with Wood Environment & Infrastructure Solutions, Inc. to provide CEI services for the canal 28 backfilling project in Key Largo under the on-call professional engineering services for Category B canal infrastructure engineering services contract. Existing State Stewardship grant funds will fund this task order 41 under Stewardship grant LPA0241. 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. [Submitted: 06-15-22: Approval to enter into a $99,796 Task Order 41, to provide CEI services for the canal 25 Key Largo backfill project under the 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, funded by Stewardship grant LPA0249] Packet Pg. 2379 0.14 CONTRACT/AGREEMENT CHANGES: Not Applicable STAFF RECOMMENDATION: Approval. DOCUMENTATION: Task Order 42 - Canal 428 CEI- signed by Wood Item PS_Wood Category B Contract Executed COI WOOD Catagory B item 10194 FINANCIAL IMPACT: Effective Date: June 15, 2022 Expiration Date: Until completed Total Dollar Value of Contract: $273,512 Value of Task Order 42: $173,716 Total Cost to County: $N/A Current Year Portion: $200,000 est. Budgeted: Yes Source of Funds: Stewardship Grant LPA0241 CPI: Yes Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: $0 Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: REVIEWED BY: Rhonda Haag Completed 05/24/2022 9:12 AM Cynthia Hall Completed 05/24/2022 9:28 AM Purchasing Completed 05/24/2022 10:28 AM Budget and Finance Completed 05/25/2022 3:35 PM Brian Bradley Completed 05/26/2022 8:59 AM Lindsey Ballard Completed 05/31/2022 10:41 AM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 2380 0.14.a TASK ORDER 2 FOR CATEGORY B ON CALL PROFESSIONAL ENGINEERING I L RESTORATION SERVICES ENVIRONMENTBETWEEN > MONROE COUNTY AND WOOD INFRASTRUCTURE SOLUTIONS, I U CANAL00 FOR THE #28 KEY LARGO CANAL BACKFILL RESTORATION CN PROJECT INCLUDING CONSTRUCTION ENGINEERING INSPECTION AND CN ADMINSTRATION SERVICESI , MONROE COUNTY, FLORIDA In accordance with the Continuing Contract for On Call Professional Engineering 0 Services made and entered on the 16th day of February 2Q22, between Monroe County, hereinafter referred to as the "County" and Wood Environment & Infrastructure Solutions, Inc. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed 2,000,000. 0 U All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. U WHEREAS, canal 23 located between Pigeon ®rive and Sexton Cove ®rive in Key U Large is rated as "poor" in water quality; and U WHEREAS, the canal was selected based on water quality summary, ease of � implementation and permitting, and cost of implementation; and 0 WHEREAS, a backfilling restoration project is a proven restoration technique that was 0 vetted during the demonstration projects and is anticipated to increase the water quality in the canal; and WHEREAS, the construction of the project is $2.2 Million; and g' WHEREAS the work will be done in accordance with State grant guidelines and funding U from the Florida Keys Stewardship act of 3,412,919; and 00 0, NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency U of which is hereby acknowledged, County and Consultant agree as follows: CN Article 1.1 Terms of Agreement. This Task Order is effective June 15, 2022 and shall expire 60 days after the final deliverable to the County is submitted. c� CFI&CA Services for Canal#128 Project June 15,2022 Page 1 of 4 Packet Pg. 2381 Article 11 Scope of Basic Services, Paragraph 2.1.1 is amended as -follows. V TASK 1- CONSTRUCTION INSPECTIONS AND ADMINISTRATION U) (n The Consultant will provide construction engineering and environmental site inspections U and construction administration services for the Canal #28 Backfilling Project. 00 N Adventure Environmental, Inc. was selected as the construction con-tractor for the Canal U N #28 Project and provided a 240 day construction schedule for completion. Below are the services to be provided: 0 a) Site Inspections. The Consultant will provide up -to eight hours daily site 0 _ _ 0 inspections for the 240-day construction schedule Monday -through Friday during field construction activities and prepare daily work reports showing contractors activities, equipment, maintenance of-traffic and environmental compliance. 0 b) Construction Administration: The Consultant will provide consultation and advice U to County regarding the Contractor's performance of the Contract. The Consultant will liaise with the County, homeowners, and other stakeholders as 0 necessary to administer the construction con-tract. U Deliverable: Construction Engineering and Inspection report (Electronic in PDF format) to document the completion of the project in accordance with the plans, specifications, W and permits. U Article VII, Paragraph 7.1.1 is amended to include the-following. M U The Consultant shall be paid monthly for time and expenses based on hourly rates and 0 the following not to exceed amounts (except where noted): 'a 0 0 Task 1- Construction Inspections and Administration $173,716.00 Total (not to exceed) $173,716.00 U) [REMAINDER OF PAGE PURPOSELY LEFT BLANK] M U 00 U N 0 -119 U) E CFI&CA Services for Canal//28 Project June 15,2022 Page 2 of'4 I Packet Pg. 2382 IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly U authorized representative. U) CONSULTANT. WITNESS. L) WOOD ENVIRONMENT 00 N & INFRASTRUCTURE SOLUTIONS INC. U C14 0 05/23/2022 05/23/2022 Signature Date Signature Date 0 0 Florida Civil Design Team Lead 0 Title U 0 (SEAL) BOARD OF COUNTY COMMISSIONERS L) 0 ATTES 1 . KEVIN IVIADOK, CLERK OF MONROE COUNTY, FLORIDA a w L) By: by: M Mayor/Chairman 9 a As Deputy Clerk 0 'a 0 0 Date: U 00 C14 Approved as to form and legal sufficiency: 76 Monroe County Attorney's Office 5-24-2022 U N 0 -119 U) E CFI&CA Services for Canal//28 Project June 15,2022 Page 3 of'4 I Packet Pg. 2383 m 4oej4uoo 9 AjoBa4eo BU3 @uea gem u } pooM Aq POUBIS" | 0 §Z muea . Z#!OP!JOPAO MSe :Wau We44 $ / m d \ \ / / \ 0 / a. w\ & ƒ & / w G § u k B o e o \ � ) � \ § o _ 0 0 0 0 0 00000 • 7 § \ % § 21 0 ! § - % ) | ! / E 2 >f _ \ = o (A \ \ yE u ° LU 5 = § \ ƒ \ \ k _ = u < / \ _) � \ o ( \ s % ; X \ / _ \ / § /\ ) \ / cm: >, \ :>, .2- � =0, { �= 0 u / o ! » w » K @ 0 % .2 .2 .2 { [ 0 } 0 § / / / f 7 O.14.a EXHIBIT 0241 c) L. u 00 cN u cN 0 0 c� 0 u 0 u a m u u 0 0 U) u co cN u cN -119 U) u Packet Pg. 2385 0.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: U) Monroe County Canals#28 and#90 Backfill Restoration Projects LPA0241 > 6/S 2. Parties State of Florida Department of Environmental Protection, W 3900 Commonwealth Boulevard (Department) co Tallahassee,Florida 32399-3000 N Grantee Name: Monroe County Entity Type:Local GovernmentCN O Grantee Address: 1100 Simonton Street, Key West, FL 33040 FEID: 59-6000749 (Grantee) 0 3. Agreement Begin Date: Date of Expiration: 0 Upon Execution October 31,2023 c� s 4. Project Number: Pro�ect Location • LsP/Long«caoai zs:25.1647,-sissss)&(caoai vo;25.0289,-sos76)) (If clifferent from Agreement Number) 9= 0 Project Description: U The Grantee will rehabilitate Canals # 28 and#90. 0 5. Total Amount of Funding: Funding Source? Award 4s or Line Item Appropriations: Amount per Sources : $3,412,919.00 0 State ❑Federal Keys,GAA LI 1613,FY 21-22,GR $3,412,919.00 tcu ❑ State ❑Federal rsr ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $3,412,919.00 6. Department's Grant Manager Grantee's Grant Manager U Name: Sue Leitholf Name: Rhonda Haag or successor or successor Address: Florida Dept.of Environmental Protection Address: Monroe County BOCC 0 3900 Commonwealth Blvd.,MS 3505 102050 Overseas Highway,Suite 2-2246 'a 0 Tallahassee,FL 32399-3000 Key Largo,FL 33037 0 Phone: 850-245-2920 Phone: 305-395-9928 Email: susan.leitholf@FloridaDEP.gov Email: Haag-rhonda@monroecounty-f.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: U) V Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 2 Attachment 2: Special Terms and Conditions U 9 Attachment 3: Grant Work Plan 00 c14 0 Attachment 4:Public Records Requirements V Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements U ❑ Attachment 7: Grant Award Terms(Federal)*Copy available at.https.:.'/ffacts...h]ffs¢g7 p,in accordance with§215.985,F.S. CN ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): O 0 Exhibit A: Progress Report Form ❑ Exhibit B:Property Reporting Form Y Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants c� ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LPA0241 Rev.6/20/18 Packet Pg. 2386 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): .. ............................................................................. ...................................................................................... ...........111111111111......................................'11......................-—----- Federal Award Identification Nuin e .........................................................................b!(_S1�1'2�LN�I............................................... .......................................... .................--—-------—---- ederal Award Date to De Dartment: 'I.... ......................................................_...............................................__........... ........................................................ Teatal Tederal Funds" Obljjjaxed by 1h!s Agreement: ............................. —---------- ",-- ---------------- Federal ........................ ................................................----—-................ ---------"I'll" ................ > Xw— d R&D? 0 Yes ON/A in I ........................................------------ .. ............... w U IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the 00 C14 last date n i ned below,whichever is later. U C14 U Monroe Countv 0 GRANTEE AT]'RST: KU"VIN MAD()K.,(..'LIER1 ......................... ........... ........ Grantee Name ....... ... 14 ............... 0 By 0 .............. ........... (1:ut o ei Inr Ort- Date Signed October 20,2021 Michelle Coldiron, Mayor Painela G.11ancock,Dep"Atry Clerk 0 _J; ..................11- �.0— ...................................... ............................. ............................................................ U Name and Title of Person Si� State of Florida Del,iartment of Environmental Protection DEPARTMENT 0 ............................................... Trina Vielhauer Digitally signed byTrina Vielhauer qs By Date:2021.10.28 08:49:33-04'00' .......... ....................... U Secretary or Designee Date Signed w Trina Vielhauer,Director of Water Restoration Assistance Print Name and Title of Person Si avian U 0 Additional signatures attached on separate page. U 0 'a 0 0 Approved as ten form and conteft 27) Monroe County Attorney's Office 9-212021 l U of 00 U C14 76 Assustant County Attorney U C14 0 -ldc U) cn DEPAgreemem.No. LPA0241 Rev.6/20(1 8 Packet Pg. 2387 O.14.a DWRA Additional Signatures U) Digitally signed by Susan Susan Leitholf Leitholf U Date:2021.10.28 06:24:56 00 CN -04'00' U CN Sue Leitholf,DEP Grant Manager Digitally signed by Sandra 0 Sandra Waters Waters Date:2021.10.28 08:1 1:47 , -04'00' Sandra Waters,DEP QC Reviewer U 0 U U U 0 0 U) U 00 c14 U U c14 -119 U) c� Packet Pg. 2388 0.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS U) APPLICABLE TO GRANT AGREEMENTS w ATTACHMENT 1 U 00 c14 1. Entire Agreement. U CN This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 0 2. Grant Administration. 0 a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the y order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant c) Agreement C0 iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal, and other written communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, t3 U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when _ receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained cj in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. 0 d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the 0 following: (1)an increase or decrease in the Agreement funding amount; (2)a change in Grantee's match requirements; a (3)a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in P U) Attachment 3, Grant Work Plan,that exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. FU t3 A change order to this Agreement may be used when: 00 (1)task timelines within the current authorized Agreement period change; (2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department; (3)changing the current funding source as stated in the Standard Grant Agreement; and/or t3 (4)fund transfers between budget categories for the purposes of meeting match requirements. c14 This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 0 3. Agreement Duration. -119 U) The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless M extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. Attachment 1 1of12 Rev. 6/4/2021 Packet Pg. 2389 O.14.a The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department U) making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. t3 The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the � kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and U workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate 0 or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable i does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. U a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager n0 before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant U Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will w be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may U allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an 0 event of default. 'a 7. Financial Consequences for Nonperformance. 0 a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences a for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. P U) b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies 00 in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the U CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. 0 ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10)days to -119 U) commence implementation of the accepted plan. Acceptance of the proposed CAP by Department M does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2of12 Rev. 6/4/2021 Packet Pg. 2390 O.14.a the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the U) performance of the Agreement as specified by Department may result in termination of the > Agreement. 8. Payment. U a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable � established by the Grant Work Plan,and the billing procedures established by Department,Department agrees U to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). U b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with 0 Department. The Grantee shall not use Department's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this i Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of U this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State U funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: I�(1p�s://www.n�ylloridacl`o.cony/Division/AA/Mcnaacls/docant�en(s/ReI`erencet.iaaidel`or�a(c�(eF;xlc7� i(u.�rc p��I; e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and U post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in U accordance with the Grant Work Plan. 9= f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of 0 deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days 0 following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is C contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future P appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates w appropriations. U 00 i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by CN the State Board of Administration. To obtain the applicable interest rate, please refer to: www rtlyfloridaclo com/Division/AA/Vendor;/def, all(him'. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must U be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled CN under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. -119 U) If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following M conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved,position classification, direct salary rates, and hours spent E on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or U match requirements. Attachment 1 3of12 Rev. 6/4/2021 Packet Pg. 2391 0.14.a b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. WI c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be U 00 substantiated by copies of invoices with backup documentation identical to that required from Grantee. U Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate U per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive 0 rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased 3: for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and y Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its U subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the zsr work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a U copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of U Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. 0 ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has 0 complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing a $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific P approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. 00 f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the U terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees,such as set percent overages associated with purchasing supplies or 0 equipment. -119 U) h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property M (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal E Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing U Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting Attachment 1 4 of 12 Rev. 6/4/2021 Packet Pg. 2392 O.14.a acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. U) The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting U 00 period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly U reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March c) 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: 0 a. The Department reserves the right to establish the amount and application of retainage on the work performed 3: under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. y Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall U forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform zsr that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. U c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided W Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. U 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as a described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to 0 make compliance with the insurance requirements of this Agreement a condition of all contracts that are related 'a to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. 0 b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of P any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization,or other certification of self-insurance. 00 d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. U e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. 0 a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, � terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall M notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30)days of the effective date of termination. The E Department shall not pay any invoices received after thirty(30)days of the effective date of termination. U b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5of12 Rev. 6/4/2021 Packet Pg. 2393 0.14.a obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in U) addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and U 00 to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement U not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for U that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it 0 has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been paid for but not rendered. y e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative t3 obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Cc Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. zsr a� 14. Notice of Default. � If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of U the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting _ the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default U notice. _ 15. Events of Default. U t3 Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: 0 a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of 0 the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; a c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, P incomplete,or insufficient information; d. Failure to honor any term of the Agreement; U e. Failure to abide by any statutory,regulatory, or licensing requirement, including an en Yof an order revoking 00the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the U Immigration and Nationality Act; c14 h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate 0 assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations � under the Agreement: M i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or U iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. Attachment 1 6 of 12 Rev. 6/4/2021 Packet Pg. 2394 O.14.a 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars U) of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing U resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is � terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty (30)days'notice U required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 0 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence 0 of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts 0 of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the y foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first U arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably �0 foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be U entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department U may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to 0 and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject 'a of the delay,which purchases may be deducted from the Agreement quantity; 0 y p y gr q ty;or(3)terminate Agreement in whole or 0 in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, C actions,damages,and costs of every name and description arising from or relating to: °U) i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act 00 or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action; (2)the opportunity to take over U and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. O c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to -119 U) Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the M negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter E arising out of any contract or this Agreement. U d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7of12 Rev. 6/4/2021 Packet Pg. 2395 0.14.a otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. U) The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. U 20. Remedies. � Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this U Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 0 21. Waiver. 3: The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute y or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. t3 a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section n0 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible zsr for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133,287.134,and 287.137 F.S.,the following restrictions apply to persons placed on t3 the convicted vendor list,discriminatory vendor list,or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list _ following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded cj or perform work as a Grantee,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,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 0 ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the a construction or repair of a public building or public work;may not submit bids,proposals,or replies a on leases of real property to a public entity; may not be awarded or perform work as a contractor, P U) supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator 00 vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid,proposal,or reply on any contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real U property to a public entity; may not be awarded or perform work as a Grantee, supplier, c14 subcontractor,or consultant under a contract with a public entity;and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or 0 consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust -119 U) violator vendor list during the life of the Agreement. The Florida Department of Management M Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, E Office of Supplier Diversity,at(850)487-0915. cs 23. Compliance with Federal,State and Local Laws. Attachment 1 8of12 Rev. 6/4/2021 Packet Pg. 2396 O.14.a a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. U) b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination w in performance of this Agreement. U 00 c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. U d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for U any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 0 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of i Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. U b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to zsr Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with U Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. w c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. U 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying U the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S.,during the term of any executed agreement between Grantee and the State, Grantee may lobby the 0 executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that 'a agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 0 26. Record Keeping. 3: The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during C the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In P U) the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's 00 integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of: (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: U h(t: :// ylloridcl:.;com/1%k�rc� archives/records n�c�nc pen�cn(/p;c,r�crcl recordchcda�lc,,n. CN 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection,review, or hearing. The Grantee will comply with this 0 duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this � requirement,in writing,on its sub-grantees and/or subcontractors,respectively. M b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or U storing or staging equipment,materials or documents; Attachment 1 9of12 Rev. 6/4/2021 Packet Pg. 2397 0.14.a ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or U) parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. w c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment U 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an � updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include U in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal 0 financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether 3: the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the i form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: Ili;(J�s:\\ap1:)s.Ildfs.com\fsaa. U d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. zsr Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, U general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. W e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a ro ram-b ro ram or aproject-by-project basis. Funds U P g g P g Y-P g specifically budgeted and/or received for one project may not be used to support another project. Where a U Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. 0 i. If Department finds that these funds have been commingled, Department shall have the right to 'a demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement 0 for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the a original payment(s) are received from Department by Grantee to the date repayment is made by P U) Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by w Department, from another source(s), Grantee shall reimburse Department for all recovered funds 00 originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do U not apply to agreements where payments are made purely on a cost reimbursement basis. c14 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. -119 U) The Grantee is an independent contractor and is not an employee or agent of Department. M 30. Subcontracting. 4i a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For U cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 6/4/2021 Packet Pg. 2398 0.14.a c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work U) in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under WI any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred U 00 under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the U Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting 0 opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by i the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery L) schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new U parent company guarantee all of the obligations of Grantee. 32. Survival. w The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. U 33. Third Parties. U The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This 0 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If 'a Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- 0 party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions a are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. °U) All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of W technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under 00 Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. � The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under U any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. -119 U) If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State, M annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash E equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout. U The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 6/4/2021 Packet Pg. 2399 O.14.a reports.All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. U) This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have U 00 the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. U U 0 0 c� 0 U 0 U U t3 C 0 0 U) U 00 U U N -119 U) M c� Attachment 1 12 of 12 Rev. 6/4/2021 Packet Pg. 2400 0.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions U) AGREEMENT NO.LPA0241 w ATTACHMENT 2 U 00 c14 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and U Conditions,Attachment 1.Where in conflict,these more specific terms shall apply. U 1. Scope of Work. The Project funded under this Agreement is Monroe County Canals 428 and 490 Backfill Restoration Projects.The 0 Project is defined in more detail in Attachment 3,Grant Work Plan. c� 2. Duration. a. Reimbursement Period.The reimbursement period for this Agreement begins on July 1,2021 and ends at the expiration of the Agreement. U b. Extensions.There are extensions available for this Project. c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this U Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. _ c. Advance Pay.Advance Pay is not authorized under this Agreement. U 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following U budget categories,as defined in the Reference Guide for State Expenditures,as indicated: O Reimbursement Match Category El Salaries/Wages 0 Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. © ❑ Contractual(Subcontractors) �_ ❑ ❑ Travel,in accordance with Section 112,F.S. 7) ❑ ❑ Equipment ❑ ElRental/Lease of Equipment U oca ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition U 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. O -119 U) 7. Match Requirements M There is no match required on the part of the Grantee under this Agreement. c� Attachment 2 1 of 2 Rev.8/10/2020 Packet Pg. 2401 0.14.a 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy U) maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and operating under the U laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this � Agreement,however the minimum insurance requirements applicable to this Agreement are: U a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department,its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be$250,000 for each 0 occurrence and$500,000 policy aggregate. 0 b. Commercial Automobile Insurance. i If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Department,its employees,and officers shall U be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. U The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S. and employer liability coverage with minimum limits of$100,000 per accident,$100,000 per person,and$500,000 W policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance.None. U 9. Quality Assurance Requirements. t3 There are no special Quality Assurance requirements under this Agreement. O 10. Retainage. a No retainage is required under this Agreement. 0 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. P The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for U) subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. U 00 12. State-owned Land. The work will not be performed on State-owned land. ra 13. Office of Policy and Budget Reporting. I There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. O -119 U) c� Attachment 2 2of2 Rev.8/10/2020 Packet Pg. 2402 0.14.a ATTACHMENT 3 GRANT WORK PLAN c� U) PROJECT TITLE: Monroe County Canals 928 and 990 Backfill Restoration Projects w U PROJECT LOCATION: The Project will have 2 locations: Canal 928 and Canal 990. Canal 928 (Figure 00 1)is located within the unincorporated area of Key Largo,Monroe County; Lat/Long (25.1647, -80.3838). U CN Canal 990 (Figure 2) is located within the unincorporated area of Tavernier, Monroe County, Lat/Long (25.0289, -80.5076). 0 PROJECT BACKGROUND: In 2013, Phase II of the Monroe County Canal Management Master Plan 0 0 (CMMP) evaluated the conditions of the Keys canals,prioritized the need for water quality improvement, and identified appropriate restoration options for each canal: • Culvert t0 • Air Curtain �o • Organic Removal 0 • Backfill rsr a� As part of the Canal Restoration Demonstration Program, Florida International University (FIU) assessed U the effectiveness of the various technologies implemented by Monroe County and its partners by comparing a treated canals against nearby,unaltered controls over aperiod of three years. Based on data collected during cu the limited monitoring period, F1U made the following conclusions about the backfill technology: a U • This technique resulted in an immediate change in the canal's water quality by significantly improving the water column's DO content. The decreased water depth allowed light to penetrate r. to the sediment. As a result, there were measurable increases in benthic vegetation,fish diversity 0 and abundance and inhabitants of the sea walls. a 0 Since the demonstration canal restorations were proposed by Monroe County,the canal restoration program has grown to include 17 residential canal restoration projects throughout Monroe County. PROJECT DESCRIPTION: The Canals 928 and 990 are a continuation of the canal restoration program _ in accordance with the Department of Economic Opportunity(DEO)canal restoration workplan as detailed in the Monroe County 28.20.140 Comprehensive Plan. The projects will be designed to promote flushing in the canal by removing the deep stagnant zones within the canals and promote a viable benthic community U which will help to restore the canal waters to State Department of Environmental Protection (FDEP) Dissolved Oxygen standards. TASKS: All documentation should be submitted electronically unless otherwise indicated. U1 cN U) c� DEP Agreement No. LPA0241, Attachment 3,Page 1 of 4 Packet Pg. 2403 O.14.a Task 1: Design and Permittine c� Deliverables: The Grantee will complete the design (include description of other activities if not only Design and Permitting)of the canal restoration project and obtain all necessary permits for construction of the project. U t3 00 Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as U provided in the Grantee's Certification of Payment Request; and 2) a summary of design (or preconstruction) activities to date, indicating the percentage of design completion for the time period 0 covered in the payment request. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue 0 0 dates and issuing authorities. c� Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the t0 Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more 0 frequently than monthly. U Task 2: Bidding and Contractor Selection Deliverables: The Grantee will prepare a bid package,publish a public notice, solicit bids, conduct pre-bid meetings, and respond to bid questions in accordance with the Grantee's procurement process,to select one U or more qualified and licensed contractors to complete the canal restoration project U Documentation: The Grantee will submit: 1) the public notice of advertisement for the bid; 2) the bid 0 package; and 3) a written notice of selected contractor(s). .,a 0 0 Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. a� 2M Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following the conclusion of the task. U 00 Task 3: Construction c14 Deliverables: The Grantee will complete the canal restoration project in accordance with the construction contract documents. U c14 Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request. O -119 U) M Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. c� Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. DEP Agreement No. LPA0241, Attachment 3,Page 2 of 4 Packet Pg. 2404 0.14.a Task 4: Proiect Management Deliverables: The Grantee will perform project management, to include field engineering services, U) construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. U c, 00 Documentation: The Grantee will submit interim progress status summaries including summary of U inspection(s), meeting minutes and field notes, as applicable. O Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the 0 0 Department's Grant Manager, the Grantee may proceed with payment request submittal. c� Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. t0 ao PROJECT TIMELINE & BUDGET DETAIL: 0 The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost U reimbursable grant funding must not exceed the budget amounts as indicated below. w Task Budget Grant Task Start Task End No. Task Title Category Amount Date Date U 1 Design and Permitting Cont Sery cesal 171,974 07/01/2021 04/30/2023 t3 r. 2 Bidding and Contractual 17,945 07/01/2021 04/30/2023 'a Contractor Selection Services 0 0 3 Construction Contractual Services $2 930,000 07/01/2021 04/30/2023 � 4 Project Management Contractual $ 293,000 07/01/2021 04/30/2023 Services rsr Total: $3,412,919 ' w U 00 cN U cN -119 U) c� DEP Agreement No. LPA0241, Attachment 3,Page 3 of 4 Packet Pg. 2405 0.14.a Figure 1. Location Map - Canal 928 MEIMM Canal Name: Canal Ot28 Big Pine Key r w �' A '� �G fir" ° Technology Selection_Backfill �'� � � �`�vi � U)_ Conceptual Restoration Cost$22 Million �I a. > �s� r p�q r j� i dui N I� U $ / IRON a, rri %fir r a.+ 0 I 0 i Legend rod w Name r 20 KEY LARGO Monroe County Parcel • OpeFi StrzaN+lE�X. Vibutnr�'/ontl Ma C:I Figure 2. Location Map—Canal 990 Canal Name:Canal#96 Tavernier — echnology Selection: Backfill P once C tual Restoration Cost: $730K 0 00 d�A jfj/ VU • I C3 l l q 4 A \��I Y�illl I III II 7 j'n O 88) ' + •, wowDry l'ie y' Legend ��rfi� m✓ �� o n v, ii� ;r r li. I r flb Name �'i 10YY E� �lrm� �� II I� � r ➢11DlIlUIDIDIDIDaDa � soTAVEaNiER USDA USGS�A �GRIDIG I GIS C Esn H€-€, r GpLs � 'iii�u"5 . aFla m"' "�ISEs�, E m rm Monroe Counry reel P � O DEP Agreement No. LPA0241, Attachment 3,Page 4 of 4 Packet Pg. 2406 0.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 U) 1. Public Records. _ a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services W under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless oo of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the U Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 0 0 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term"contract"means the "Agreement." If Grantee is a"contractor"as U defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. t0 b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. 0 c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. U d. 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 W contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor U or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 O keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, 0 upon request from Department's custodian of Public Records,in a format specified by Department as compatible with 3: the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S 00 N CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: L.xibllic.services ii) Iloridad �).�ov I Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 E Attachment 4 1ofl Rev.4/27/2018 Packet Pg. 2407 O.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements U) (State and Federal Financial Assistance) w Attachment 5 00 U c14 U The administration of resources awarded by the Department of Environmental Protection(which may he referred to CN as the 'Department", 'DEP", "EDEP"or "Grantor", or other name in the agreement)to the recipient(which may he 0 referred to as the "Recipient", "Grantee"or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. 0 MONITORING c� In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised(see "AUDITS"below), monitoring procedures may include,but not be limited to, t0 on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental 0 Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. w AUDITS U PART L•FEDERALLY FUNDED U This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 0 §200.330 0 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- 0 specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all 0 sources of federal awards, including federal resources received from the Department of Environmental z_sr Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. U 00 c14 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. U 3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. U) 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfih1. 2T ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, c� Attachment 5 1 of 6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2408 0.14.a PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. U) 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the U recipient must have a State single or project-specific audit for such fiscal year in accordance with Section � 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local U governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received 0 from the Department of Environmental Protection, other state agencies, and other nonstate entities. State 0 financial assistance does not include federal direct or pass-through awards and resources received by a i nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the U audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a Ce financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. a� 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending U June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial W assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost U of such an audit must be paid from the recipient's resources obtained from other than State entities). M t3 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access a the Florida Single Audit Act website located at la;lt::ii s://a0�:�s.fldfs.com/fsaa for assistance. In addition to the O above websites, the following websites may be accessed for information: Legislature's Website at 'a h(t;;:�://www lc i.,lle f1 ais/ elcome/index„cfii State of Florida's website at h1.g)://www.n�yfloridcl.con�/, 0 Department of Financial Services' Website at hltp.)://www.fldfs.com/and the Auditor General's Website at hlt;:�://www.m florida.com/aud cnL � PART III: OTHER AUDIT REQUIREMENTS U) (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity W that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws 00 and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) t3 c14 PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit 0 Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by � or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 M and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by E 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: U Attachment 5 2of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2409 0.14.a By Mail: Federal Audit Clearinghouse U) Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 U 00 cN Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, U 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can U be found at hltp:�://hrvest:er.cen a Gov/I' cwckr/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on 0 behalf of the recipient directly to each of the following: 0 c� A. The Department of Environmental Protection at one of the following addresses: By Mail: U Audit Director �0 Florida Department of Environmental Protection Office of Inspector General,MS 40 �y 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 U Electronically: E.J. . 25i! kA W Ll ,t,cl(e.fl..::ls B. The Auditor General's Office at the following address: U U Auditor General Local Government Audits/342 O Claude Pepper Building,Room 401 111 West Madison Street 0 Tallahassee,Florida 32399-1450 The Auditor General's website(jj..jp.//fjaadj:1or..LYov)provides instructions for filing an electronic copy of a financial reporting package. U) 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: U 00 By Mail: c14 Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 U 3900 Commonwealth Boulevard c14 Tallahassee,Florida 32399-3000 a� Electronically: 0 4. Any reports, management letters, or other information required to be submitted to the Department of ; Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and E for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2410 0.14.a 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations),Rules of the Auditor General, should U) indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. U 00 c14 PART V:RECORD RETENTION U c14 U The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon 0 request. The recipient shall ensure that audit working papers are made available to the Department of Environmental 0 Protection, or its designee, Chief Financial Officer,or Auditor General upon request for a period of three (3)years i from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. 0 U 0 U U U 0 0 P U) U 00 U U N -119 U) M E c� Attachment 5 4of6 BGS-DEP 55-215 revised 7/2019 Packet Pg. 2411 0.14.a 0 0 � o � • o � • o 00 Z o � ZO o U U ° ° � 0 ,� � 00 CN E~ Packet Pg. 2412 0.14.a 00 c^+e o o o cv d d O Z4,� o O O w 6 u Zo o O o z ° bo � O O i � � O � •H �p � � Y� tj o o o c o o raQj �e _ sO O o O Qj O � p Qj Qj Qj a y N U O N '� a O v O by ` O ° y p y O a a +l- U z •� +� ° toCN Qj � CN Qj Qj o s a o a c, ' c, o .119 w aW aw Qj q �"Z2, oQj ar Qj N� on d on Ot era on d an "� o o ti o ° bo mg Packet Pg. 2413 0.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION U) Exhibit A _ Progress Report Form w t3 00 cN DEP Agreement No.: LPA0241 U Pro CN 'ect Title: Monroe Count Canals#28 and#90 Backfill Restoration Proects Grantee Name: Monroe Count Grantee's Grant Manager: Rhonda Haag 0 ReportingPeriod: Wc I 6:'f 7c. �(, tjf1rGg, j�c i(, (J 7 vc<H 0 Provide the following information for all tasks identified in the Grant Work Plan: Summarize the work completed within each task for the reporting period.Provide an update on the estimated completion date for each task and an explanation for any anticipated delays or problems encountered.Add or U remove task sections and use as many pages as necessary to cover all tasks.Use the format provided below. 0 U Task 1: Design and Permittin g • Progress for this reporting period: • Identify delays or problems encountered: U U Task 2: Bidding and Contractor Selection 0 0 • Progress for this reporting period: 0 • Identify delays or problems encountered: U) Task 3: Construction (Canal#28) w U • Progress for this reporting period: 00 c14 • Identify delays or problems encountered: U Task 4: Proiect Management • Progress for this reporting period: -119 • Identify delays or problems encountered M c� Exhibit A,Page 1 of 2 Rev. 10/28/20 Packet Pg. 2414 O.14.a V Indicate the completion status for the followine tasks: U) LO Design(Plans/Submittal): 30% ❑, 60% ❑, 90% ❑, 100% ❑ U 00 cN Permitting (Completed): Yes ❑,No ❑ U cN U Construction(Estimated): 0 0 This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. 0 U Signature of Grantee's Grant Manager(Original Ink) Date ' 0 U U U 0 0 2M U) U 00 cN U U cN -119 U) c� Exhibit A,Page 2 of 2 Rev. 10/28/20 Packet Pg. 2415 0.14.a STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION U) Exhibit C Payment Request Summary Form U 00 cN The Payment Request Summary Form for this grant can be found on our website at this link: U c14 U IY17 : �G)llIY� YY�Y f7. G)ti wll Y `Y Y��NC1V.1'Y'YY Yb� f7 Y JlY'YYYYb� ll�C�IVYY1V1Y'Yl'YY Y`y... CN "!'Y'Y Please use the most current form found on the website, linked above, for each payment request. 0 0 c� 0 U 0 U U t3 a 0 0 U) U 00 cN U U c14 -119 U) c� Exhibit C,Page 1 of 1 Rev. 12/02/19 Packet Pg. 2416 0.14.b PGJ�GouRTQCb Kevin Madok, cPA a . �'� Clerk of the Circuit Court&Comptroller—Monroe County, Florida o~Qoecou � U U) U 00 DATE: February 25, 2022 CN U CN TO: Rlionda Haag Chief Resilience Officer 0 0 Lindsey Ballard Aide to die County Administrator FROM: Pamela G. Hanco C. U SUBJECT: February 16'BOCC Meeting 0 Attached are copies of the following items for your handling: U P4 14di Task Order, in the amount of$100,000.00, for Design; Permitting and Procurement Services for Canal 278 Injection Well in Big Pine Key; and Canal 58 Injection Well in Key Largo under the On-Call Contract wide Wood Environment and Infrastructure Solutions, U Inc. for Category B Canal Infrastructure Engineering Services; funded by Department of Environmental Protection Grant SDO13. P5 $0 Contract with Wood Environment&Infrastructure Solutions, Inc. for On-Call Professional Engineering Services for die Canal Restoration Program for the Category B - Canal Infrastructure Engineering Services. c� Sliould you leave any questions please feel free to contact me at(305) 292-3550. 0 U 0 U 0 0 LO cc: County Attorney Finance File 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 Plan 305-294-4641 305-289-6027 305-852-7145 3051 Packet Pg. 2417 0.14.b AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY B CANAL INFRASTRUCTURE ENGINEERING SERVICES BETWEEN U MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 00 N AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. 0 This Agreement ("Agreement") made and entered into this 16th day of February 0 2022 by and between 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 Wood Environment& Infrastructure Solutions, Inc. ("CONSULTANT"), whose U address is 16250 NW 59th Ave., Suite 206, Miami Lakes FL 33014 its successors and assigns, M hereinafter referred to as "CONSULTANT". it' 0 WITNES SETH: U WHEREAS, COUNTY desires to employ the professional engineering services of W CONSULTANT for Category B canal infrastructure engineering services and related services located in ra Monroe County,Florida and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous c projects in which construction costs do not exceed $4,000,000.00, or study activity if the fee for 0 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 c� WHEREAS, the professional services required by this Contract will be for services in the form of " a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period, and 0 WHEREAS, specific services will be performed pursuant to individual task orders issued by the M 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; WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes the 0 COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task 3:1 Order, and; LO 0- 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; 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: -1- Packet Pg. 2418 0.14.b ARTICLE I U) 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and 00 U warranties to the COUNTY: U c� 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 0 1.1.2 The CONSULTANT has become familiar with the potential Project sites and the local conditions under which the Work is to be completed. 0 U 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 it 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 W 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to U his performance and those directly under his employ. U 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with 0 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 W 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. U 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent 0 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 U or any of his/her employees, contractors, servants, or agents to be employees of the Board of a County Commissioners for Monroe County. 0 LO 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed color, national origin, sex, age, or any other characteristic or aspect which is not j ob related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK -2- Packet Pg. 2419 0.14.b 2.1 The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. CONSULTANT shall provide the following Category B Canal Infrastructure Engineering and related ervices at the request of the County: U) A. Comprehensive canal infrastructure engineering services including but not limited to U performing studies, engineering studies, engineering design services for canal 00 restoration construction projects, including design, surveying, drafting, preparing U 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. 0 c� B. Homeowner/resident outreach services. Individual homeowner outreach is an important task under the County's canal restoration program, to provide individual homeowner 0 notification of the project, obtain individual resident approvals of the project, obtain U M approval for access to residential lots for temporary construction purposes and for long it% term placement of equipment, and hosting neighborhood meetings to educate what can be done to protect water quality at the individual level. U 0 C. Construction engineering and inspection (CEI) services are an important task. Full or a part time CEI services shall be provided by qualified and approved personnel. U U 2.2 CONSULTANT shall perform and carry out in a professional and proper manner certain duties 0 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 �i 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 0 required under the Agreement resulting from the RFQ process. �o 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 a COUNTY. 0 C. All personnel engaged in performing services under this Agreement shall be fully �i qualified, and, if required, to be authorized or permitted under State and local law to 0- 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 -3- Packet Pg. 2420 0.14.b 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: U) Ms. Rhonda Haag _ Director of Sustainability and Projects U Monroe County 00 102050 Overseas Highway, Room 246 U Key Largo, FL 33037 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 0 1100 Simonton Street, Room 2-205 Key West,Florida 33040 0 For the Consultant: U Mr. Greg Corning M Florida Civil Design Team Lead 0 Wood Environmental and Infrastructure Solutions, Inc. 16250 NW 59th Ave., Suite 206 U Miami Lakes FL 33014 w U 2.4 TERM. U This Agreement shall commence as of the Effective Date and shall run for a term of four (4)years, a unless otherwise terminated in accordance with the provisions of this Agreement. At the election of 0 the COUNTY, this Agreement may be extended for one (1) additional year. c� X ARTICLE III ADDITIONAL SERVICES 0 U 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. U 0 0 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee L� proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including -4- Packet Pg. 2421 0.14.b physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable U) delay in the orderly and sequential progress of the CONSULTANT'S services. w U 4.3 Prompt written notice shall be given by the COUNTY and its representative to the c00 0 CONSULTANT if they become aware of any fault or defect in the Project or non- U 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 0 approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 0 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its U sub-consultants shall be solely for the purpose of determining whether such documents are M generally consistent with the COUNTY's criteria, as, and if, modified. No review of such 0 documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, 2 fitness, suitability or coordination of its work product. U 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. W 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has U immediate access to will be provided as requested. ARTICLE V 0 INDEMNIFICATION AND HOLD HARMLESS X 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners,its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional U wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. a� 5.2 In the event the completion of the project (to include the work of others) is delayed or U suspended as a result of the CONSULTANT'S failure to purchase or maintain the required 0 insurance, the CONSULTANT shall indemnify COUNTY from any and all increased 3:1 LO expenses resulting from such delays. Should any claims be asserted against COUNTY by 0- virtue of any deficiencies or ambiguity in the plans and specifications provided by the E CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. c� 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 survive the expiration or early termination of the Agreement. -5- Packet Pg. 2422 0.14.b ARTICLE VI PERSONNEL U) 6.1 PERSONNEL U 00 The CONSULTANT shall assign only qualified personnel to perform any service concerning the prcj ect. U At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: 0 0 NAME FUNCTION 0 Greg Corning Florida Civil Design Team Lead -Project Manager Ricardo Fraxedas Chief Engineer Christine Mehle Water& Infrastructure Service Line Lead U M 0 So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT U shall notify the COUNTY of the change immediately. U 6.2 FLORIDA STATUTES SECTION 448.095: E-VERIFY U As required by Section 448.095, the CONSULTANT shall register and use the federal e-Verify system 0 to ensure the work status of all employees hired on or after 1/l/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 X 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. U ao ARTICLE VII U COMPENSATION a 0 7.1 PAYMENT SUM L01 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to -6- Packet Pg. 2423 0.14.b 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 U) downward; U (B) As a condition precedent for any payment due under this Agreement, c00 0 the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the U COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES U 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest M of the project: 0 a� a. Expenses of transportation submitted by CONSULTANT, in writing, and living U expenses in connection with travel authorized by the COUNTY, in writing, but only to the a extent and in the amounts authorized by Section 112.061,Florida Statutes; W b. C o s t of reproducing maps or drawings or other materials used in performing the scope U of services; and U C. Postage and handling of reports. 0 7.4 BUDGET c� X 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 0 amount may only be modified by an affirmative act of the COUNTY's Board of County U Commissioners. °0 0 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of U the Board members at the time of contract initiation and its duration. 0 0 ARTICLE VIII L01 E INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. -7- Packet Pg. 2424 0.14.b 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form U) acceptable to the COUNTY. w U 8.3 CONSULTANT shall obtain and maintain the following policies: c00 0 U CN A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 0 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 U of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned M vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million 0 Dollars ($1,000,000.00)annual aggregate. U 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 W covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or sub-consultants, including Premises and/or Operations, Products and U Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per a occurrence and annual aggregate. 0 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 X 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. 0 U 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" 0 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 U Statutes. 0 F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S L01 liabilities hereunder in insurance coverages identified in Paragraphs C and D. a� 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. d 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 -8- Packet Pg. 2425 0.14.b COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX U 00 MISCELLANEOUS 9.1 SECTION HEADINGS 0 Section headings have been inserted in this Agreement as a matter of convenience of reference only, 0 and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 0 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS U The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be 0 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, is without CONSULTANT'S express written consent, such use shall be at the sole discretion,liability, and risk of the COUNTY." W 9.3 SUCCESSORS AND ASSIGNS U U 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 0 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 X 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. 0 U 9.4 NO THIRD PARTY BENEFICIARIES 0 0 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in 2 favor of, any third party. U 0 9.5 TERMINATION 0 LO 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 (5) days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS -9- Packet Pg. 2426 0.14.b 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 as a 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. U) 9.7 PUBLIC ENTITIES CRIMES U 00 cN A person or affiliate who has been placed on the convicted vendor list following a conviction for public U entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not M violate the Public Entity Crimes Act(Section 287.133,Florida Statutes). Violation of this section shall 0 result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. U In addition to the foregoing, CONSULTANT further represents that there has been no determination, W 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 U defined as a "public entity crime" regardless of the amount of money involved or whether U 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. X c� 9.8 MAINTENANCE OF RECORDS 0 CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance U M 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 0 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 U and timely access to such records of each other party to this Agreement for public records purposes 0 during the term of the Agreement and for seven years following the termination of this Agreement. If an 3:1 auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant LO to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained 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. c� 9.9 GOVERNING LAW,VENUE 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 -io- Packet Pg. 2427 0.14.b 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 U) Procedure and usual and customary procedures required by the circuit court of Monroe County. FU 9.10 SEVERABILITY c00 0 U 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 U as possible to the intent of the stricken provision. M 0 0 9.11 ATTORNEY'S FEES AND COSTS M U The COUNTY and CONSULTANT agree that in the event any cause of action or administrative a proceeding is initiated or defended by any party relative to the enforcement or interpretation of this W ra 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 U fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT 0 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. c� 9.13 AUTHORITY 0 U Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by 0 law. U 9.14 CLAIMS FOR FEDERAL OR STATE AID a 0 CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and �i obtain federal and state funds to further the purpose of this Agreement; provided that all applications, 0- requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS c� 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 -11- Packet Pg. 2428 0.14.b 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 U) In the event any administrative or legal proceeding is instituted against either party relating to the U formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree 00 to participate,to the extent required by the other party,in all proceedings,hearings,processes,meetings, U 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 0 required to enter into any arbitration proceedings related to this Agreement. 0 9.17 NONDISCRIMINATION c� 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 U has occurred, this Agreement automatically terminates without any further action on the part of any M party, effective the date of the court order. CONSULTANT agrees to comply with all Federal and 0 Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include 2 but are not limited to: U 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 W 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 U prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended U (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 0 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 U alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- X 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 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial 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. 'a 0 0 During the performance of this Agreement,the CONSULTANT,in accordance with Equal Employment 1 LO Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by 0- Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, E 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: E (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 -12- Packet Pg. 2429 0.14.b 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. U) (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 U 00 without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. N (c) The CONSULTANT will not discharge or in any other manner discriminate against any U employee or applicant for employment because such employee or applicant has inquired about, 0 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 0 by the employer, or is consistent with the CONSULTANT's legal duty to furnish information. M (d) The CONSULTANT will send to each labor union or representative of workers with which it% it has a collective bargaining agreement or other contract or understanding, a notice to be provided by 0 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. W (e)The CONSULTANT will comply with all provisions of Executive Order 11246 of September ra 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 s� 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, W 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 U Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 0 (g) The CONSULTANT will include the portion of the sentence immediately preceding sub- paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order U unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 a of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or :i purchase order as the administering agency may direct as a means of enforcing such provisions, 0- including sanctions for non-compliance; provided, however, that in the event a Consultant becomes 0 involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction 4i 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 that neither presently has any interest, and shall not acquire -13- Packet Pg. 2430 0.14.b 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 V U) 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 M 112.313,Florida Statutes,regarding,but not limited to, solicitation or acceptance of gifts; doing business 00 with one's agency; unauthorized compensation; misuse of public position, conflicting employment or U contractual relationship; and disclosure or use of certain information. O 9.20 NO SOLICITATION/PAYMENT 0 0 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, 0 individual, or firm, other than a bona fide employee working solely for it, any fee, commission, U percentage, gift, or other consideration contingent upon or resulting from the award or making of this M Agreement. For the breach or violation of the provision,the CONSULTANT agrees that the COUNTY 0 shall have the right to terminate this Agreement without liability and, at its discretion, to offset from 2 monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or U consideration. w U 9.21 PUBLIC RECORDS COMPLIANCE. U Consultant must comply with Florida public records laws, including but not limited to Chapter 119, 0 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 X 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 0 terms of this provision shall be deemed a material breach of this contract and the County may enforce U ao 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. U The Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to 0 comply with this provision. 3:1 LO Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to: E (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. -14- Packet Pg. 2431 0.14.b (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 U) completion of the contract, the Consultant shall meet all applicable requirements for retaining public LO records. All records stored electronically must be provided to the County, upon request from the U County's custodian of records, in a format that is compatible with the information technology systems 00 N of the County. U (5) A request to inspect or copy public records relating to a County contract must be made directly to 0 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. 0 c� 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 0 and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A M Contractor who fails to provide the public records to the County or pursuant to a valid public records it% request within a reasonable time may be subj ect to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records U unless or otherwise provided in this provision or as otherwise provided by law. C U 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(a,MONROECOUNTY-FL.GOV, MONROE X COUNTY ATTORNEYS OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. U 9.22 NON-WAIVER OF IMMUNITY 0 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the 2 CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability U insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall 0 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. L01 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity a 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. -15- Packet Pg. 2432 0.14.b 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. U Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of 00 the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida U constitution, state statute, and case law. O 9.25 NON-RELIANCE BY NON-PARTIES 0 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 U to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or M entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or 0 superior to the community in general or for the purposes contemplated in this Agreement. U 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. U 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 sa the Agreement are accurate, complete, and current at the time of contracting. The original contract price 0 and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate,incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the X Agreement. 9.27 NO PERSONAL LIABILITY 0 U 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 0 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. U 0 9.28 EXECUTION IN COUNTERPARTS : LO This Agreement may be executed in any number of counterparts, each of which shall be regarded as E 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. a� 9.39 PURSUANT TO SECTION 5 5 8.003 5, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY -16- Packet Pg. 2433 0.14.b LIABLE FOR NEGLIGENCE. Section 32. INDEPENDENT CONTRACTOR. V 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 U construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants or agents 00 to be employees of the Board of County Commissioners for Monroe County. As an independent U 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. 0 0 Section 33. COMPLETENESS OF WORK. c� 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 U correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the M work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by 0 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 is that may be provided by the COUNTY or other public or semi-public agencies. w The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in U this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an U extension of time for a reasonable period for the CONSULTANT to complete the work schedule. Such an agreement shall be made between the parties. 0 Section 34. FEDERAL REQUIRED CONTRACT PROVISIONS X 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 11 to Part 200, as amended, including but not limited to: 0 U 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 'a Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act(42 U.S.C. §§7401- 0 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to 3:1 LO Contracts and subgrants of amounts in excess of$150,000. 0- 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 �E 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 -17- Packet Pg. 2434 0.14.b 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 U) to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit U Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and 00 N Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement U programs, including the Public Assistance Program), the contractors must also comply with the 0 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 0 awarding agency. M a. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the it% requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this 0 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 W requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor ra 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 Consultant and subcontractor as provided in 29 C.F.R. § 5.12. 0 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 W 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 U 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 0 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, U hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or a articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. :i 0- 34.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the 0 definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to Zi 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 a "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. -18- Packet Pg. 2435 0.14.b 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. 23 5),"Debarment U) 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 U than Executive Order 12549. 00 N U N 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 0 disclosures are forwarded from tier to tier up to the non-Federal award. M 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 W contain the highest percentage of recovered materials practicable, consistent with maintaining a ra 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 0 guidelines. (1)In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired; (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this W 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. U 34.9 Prohibition on certain telecommunications and video surveillance services or equipment as set 0 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 U or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, 'a 0 services, or systems that uses covered telecommunications equipment or services as a substantial or 0 essential component of any system, or as critical technology as part of any system. As described in Public :i Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment 0- 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 surveillance of critical infrastructure, and other national security purposes, video surveillance and a 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 -19- Packet Pg. 2436 0.14.b 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. U) LO 34.10 Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and U CONSULTANT should, to the great extent practicable, provide a preference for the purchase, 00 N acquisition, or use of goods, products, or materials produced in the United States (including but not U q � g � P � P ( g � limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this 0 section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: a (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, 0 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; 0 aggregates such as concrete; glass, including optical fiber; and lumber. M 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. U 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 0 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 W 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 U to this Agreement. 0 34.13 2 C.F.R. §200.321 - CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS: U a. If the CONSULTANT,with the funds authorized by this Agreement, seeks to subcontract a 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 :i surplus area firms are used whenever possible. 0- b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; u ii. Assuring that small and minority businesses, and women's business enterprises a 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; -20- Packet Pg. 2437 0.14.b 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. U) 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. U 00 N 34.14 E-Verify. The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify U system to verify the employment eligibility of all new employees hired by the Consultant during the 0 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 0 subcontractors acknowledge and agree to comply with applicable provisions governing the Department M of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to it% 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 W information as may be necessary, as required by DHS regulations and other applicable laws or program ra guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. U 34.16 DHS Seal, Logo, and Flags. Consultant shall not use the Department of Homeland Security 0. seal(s),logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. c� 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 U must be approved in writing by both the County and Consultant. 0 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 U will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures a and directives. 0 LO 34.19 No Obligation by Federal Government. The Federal Government is not a party to this contract 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. 34.20 Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant a 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 -21- Packet Pg. 2438 0.14.b 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 U) against all claims of whatever nature arising out of the Consultant's performance of work under this LO Agreement, to the extent allowed and required by law. U 00 N U N U 0 0 c� 0 U 0 U U U c� X c� 0 U 0 U 0 0 LO E c� -22- Packet Pg. 2439 0.14.b IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. c� U) (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONRO/E�COUNTY,FLORIDA /1/ W, 00 N U By: ' By: LsO.�eputy Clerk Mayor/Chairman �� WOOD ENVIRONMENTAL& t� INFRASTRUCTURE SOLUTIONS INC. U BY: By: Title: Florida Civil Design Team Lead, Title:Florida Operation Office Manager—Vice President U U END OF AGREEMENT c� X c� Approved as to form and legal sufficiency: 0 Monroe County Attorney's Office U 1r-2O22 0 0 � N) -a �} CL —C-�I C U -23- Packet Pg. 2440 0.14.b ATTACHMENTA CONSULTANT RATES c� I. Personnel U) A. Professional (Engineer, Geologist,Scientist and Project Management) U 00 c14 Staff I $78.00/hour U c14 Staff II $85.00/hour Staff III $95.00/hour Senior I $120.00/hour Senior II/ Project Manager $155.00/hour 0 Associate $171.00/hour c� Principal $213.00/hour 0 U B. Technical Services(Engineering and Science) 0 Technician I $50.00/hour Technician II $61.00/hour U Senior Technician I $66.00/hour Senior Technician II $77.00/hour Technical Writer/Document Production $ 86.00/hour CADD/Draftsperson (includes PC/CAD) I $72.00/hour U CADD/Draftsperson (includes PC/CAD) II $111.00/hour U Admin I $44.00/hour Admin II $57.00/hour 0 c� C. Surveying Services Field Surveyor I $47.00/hour Field Surveyor II $52.00/hour 0 Survey Technician I $73.00/hour U Survey Technician II $79.00/hour Survey Chief $83.00/hour 0 U D. Contract Labor a 0 From time to time, Wood retains outside Professional and Technical labor on a temporary basis to meet 1 LO peak workload demands. Such contract labor will be charged at 10%markup. CL II. Subcontract Subcontract services will be invoiced at a cost multiplied by 1.15 E c� -24- Packet Pg. 2441 e r� Request for Qualifications for On Call Category B. Canal Infrastructure Engineering c� U) RFQ for can Call Professional Engineering Services > SECTION THREE: RESPONSE FORMS L) r 00 c% U — RESPONSE FORM r RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 0 J c/o PURCHASING DEPARTMENT GATO BUILDING,ROOM 1-213 c� 1100 SIMONTON STREET KEY WEST,FLORIDA 33040 s 0 X 1 acknowledge receipt of Addenda No. (s) 1 U U I have included: it' 0 X • The Submission Response Form X + Lobbying and Conflict of Interest Clause a X + Non-Collusion Affidavit L) X • Drug Free Workplace Form X y Respondent's Insurance and Indemnification Statement X+ Insurance Agent's Statement X• Vendor Certification Regarding Scrutinized Companies s U ri X In addition, I have included a current copy of the following professional and occupational licenses: State of Florida Department of State No.F00000004389;sunbiz.org Division of Corporations;Sunbiz 2021 Foreign Profit L? Corporation Amended Annual Report;DBPR Registry No.5392 and Qualifier(State of Florida Board of Professional Engineers,Christine A.Mehle,No.PE68038);Local Business Tax Receipt,Miami-Dade County,State of Florida (Check mark items above,as a reminder that they are included.) Mailing Address: 162S0 N.W.59th Avenue,Suite#206 Telephone: 1305}826-5588 X Miami Lakes,FL Fax: (305)826-1799 U 33014 Date: 11/30/21 Signed: Witness Christine Mehle,PE,CFM,ENV 5P 0 (Name) Princi al-in-Char a titer and Infrastructure Service Line Lead U U (Title) a 0 LO E -40- E c5 wood. Packet Pg. 2442 e ' Request for Qualifications for On Call Category B. Canal Infrastructure Engineering c� r) od. L) ) 00 t'4 U — t14 Novernbe r 30,2021 r 0 J 0 — Monroe County Purchasing Department Gato Building,Room 1-213 U 1100 Simonton Street M Ivey West,FL 33040 i 0 r v Subject:. signature Authority for Monroe{aunty Submittal,On Cell Professional Engineering Services for the{anal _ Restoration and Resilience Programs You requested docurlentation of signature authority within Wood Environment&Infrastructure Solutions,Inc.for the subject services listed above.In response,I provide the below table of generic delegated contractual authorities for your reference. r These authorities apply to Federal,State,or Local Government entities. L) , 09 Please be advised that Christine Mehle,PE,CFM,ENV SP,Water and Infrastructure Service Line Lead,has Service Line Lead 9= authority to sign on behalf of Wood Environment&Infrastructure Solutions,Inc. As an officer of Wood Environment&Infrastructure Solutions,Inc.,I can verify that the limits outlined in the table below are M r valid for your use: r1 L) Terms&Conditions of Contract do not Terms&Conditions of Contract do r comply with CPP mandatory terms. comply with CPP mandatory terms. Managerial Level Reimbursable Lump sum or other Reimbursable Lump Sum or other contracts high-risk contracts contracts high-risk contracts 1 Service Line Lead None None $500,000 $250,000 U 0) x Operations Manager None Noise $1,000,000 $500,000 , U Region Manager None None $5,000,000 $2,000,000 0 Group Manager None None $15,000,000 $5,000,000 f) 00 Operational President None None $25,000,000 $10,000,000 0 CEO $350,000,000 $50,000,000 $350,000,000 $50,000,000 0) 0) L) Please do not hesitate to contact me at(678)230-6159 or david.goersheI@woodplc.com should you have any questions. 0 Regards, 0 B. I David r7 Goers 6igitallysigrieddy Dav4d B.Goershel l U I I Date:2021.11,04€9-12:17-04'00' David B.Goershel,PG,PMP President—East U5 Operations "Wood'is a trading Hanle for John Wood Group PLC and its suhsidiarie, wood. Packet Pg. 2443 e ' Request for Qualifications for On Call Category B. Canal Infrastructure Engineering c� RFQ for On Call Professional Engineering Services > t) , LOBBYING AND CONFLICT OF INTEREST CLAUSE 00 t) — c14 SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ; r 0 J 0 — ETHICS CLAUSE U Wood Environment&Infrastructure Solutions,Inc. 0 r (Company) f) U warrants that helit has not employed, retained or otherwise had act on hislits behalf any former 0 County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the r County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct C) a from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, 0— percentage,gift,or consideration paid to the former County officer or employee". 9= U r (Signature) ri Date: 11/30/21 STATE OF: Florida X COUNTY OF: Hillsboroucah W c5 Subscribed and sworn to(or affirmed)before me on November 30,2021 (date)by Christine Mehie (name of affiant). He/She is personally f0 known to me or has produced PersonnAly known to me as 00 identification. (type of identification) 0 r7 t) taar�tc ^ NOTAPY PUBLIC 0 • 0 s r My commission expires: M irch 20,2023 tI 19 0- E -41- E U wood. Packet Pg. 2444 e ' Request for Qualifications for On Call Category B. Canal Infrastructure Engineering c� r) RFC for Dn Call Professional Engineering Services NON-COLLUSION AFFIDAVIT U00 CN s 1, Christine Mehle, PE,CFM,ENV 5P of the city of Tampa_ U according to law on my oath,and under penalty of perjury,depose and say that: `I. lam Pri-iP l-ip- ,haEgcWater aad Iafw51wUuce Service Line Lead I r of the firm of Wood Environment&Infrastructure Solutions,Inc. 0 , 0 the bidder making the Proposal for the project described in the request for Qualifications for. c� On Call Prufessianal Engineering services for the Canal Restoration and Resilience Programs and that I executed the said proposal with full authority to do so: s f) v 2. the prices in this bid have been arrived at independently without collusion,consultation, — communication or agreement for the purpose of restricting competition,as to any matter it, relating to such prices with any other Kidder or with any competitor; 0 3. unless otherwise required by law, the prices which have been quoted in this bid have 0 I not been knowingly disclosed by the bidder and will not knowingly be disciosed by the s bidder prior to laid opening, directly or indirectly, to any other bidder or to any tea , competitor;and cm— no attempt has been made or will be made by the bidder to induce any other person, 9= partnership or corporation to submit, or not to submit,a bid for the purpose of restricting �- competition; I 5. the statements contained in this affidavit are true and correct,and made with full 'r knowledge that Monroe County relies upon the truth of the statements contained in this n affidavit in awarding contracts for said project. 111'3tI1'�t � (Signature of Respondent) (pate) 0 STATE 017E Florida cis X COUNTY OF: Hlltlsbamuph PERSONALLY APPEARED BEFORE ME,the undersigned authority, i r 7 I+r9rlii who, after first being sworn by me, (name of individual signing) affixed hisJher signature in the 0 space provided above on this 0 day of Wwr+ roher 20 U 0 NOTARY PUBLIC u. arm ... U it •�� 0 My Commission Expires. vlarch 20,110 . 0 LO CL E - 2- E c5 wood. Packet Pg. 2445 e r� Request for Qualifications for On Call Category B. Canal Infrastructure Engineering c� U) RFQ for can Call Professional Engineering Services LO > DRUG-FREE WORKPLACE FORM s L) 00 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: L) Wood Environment&Infrastructure Solutions,Inc. N (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing, , r possession, or use of a controlled substance is prohibited in the workplace and specifying the 0 actions that will be taken against employees for violations of such prohibition. 0 — 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 'r violations. 0 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 0 4, In the statement specified in subsection(1), notifies the employees that,as a condition of working 'r on the commodities or contractual services that are under bid, the employee will abide by the terms L) a of the statement and will notify the employer of any conviction of, or plea of guilty or nolo �y— contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. � r 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or ri rehabilitation program if such is available in the employee's community, or any employee who is so convicted. C 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. X Respondent's Signature 0 11/30/21 f) Date 0 NOTARY PUBLIC VV VwWwo,00 WM 4 M. 0 My Commission Expires: march 20,2023 0 LO E -43- E U wood. Packet Pg. 2446 e ' Request for Qualifications for On Call Category B. Canal Infrastructure Engineering c� r) RFQ for Can Call Professional Engineering Services Rcspond nt"s Insurance anti Indemnification Statement c000 r C'4 � U — Insvrance Reguorement Required Lir itk Worker's Compensation Statutory Limits r Employer's Liability $1,000,000/$1,Ooo,000/$1,0 i],000 0 0 — General Liability $1,000.000 Combined Single Limit � Vehicle Liability $1,000,000 Combined Single Limit per Occurrenoe/ 1,0ot1,000Aggregate 0 r f) U Professional Liability $1,00 ,000 per occurrence $2,000,000 aggregate it' 0 � r IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS U , The CONSULTANT covenants and agrees to Indemnify and hold harmless COUNTY/Monroe County and � Monroe County Board of County Commissioners Its officers and employees from liabilities damages fosses and casts Including but not limited to, reasonable attorneys'fees to the extent caused by the negligence,. recklessness or intentional wrongful conduct of the CONSULTANT, sul contractors) and other persons r employed or utilized by the CONSULTANT in the performance of the contract U n In the event that the completion of the project(to Include the work of others) is delayed or suspended as a t3 result of the. CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT a shall indemnify the County from any and all Increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or amblgulty in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrant.that CONSULTANT shall hold the County harmless and .shall Indemnify It from all losses occurring thereby and shall further defend any claim or action on the County s behalf. C5 X The first ten dollars($10 00)of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. ° c5 The extent of liability Is in no way limited to, reduced, or lessened by the Insurance requirements contained elsewhere within this agreement 0 t3 This indemnification shall survive the expiration or earlier termination of the Agreement 00 0 RESPONDENT'S STATEMENT �9 I understand the insurance that will be mandatory If awarded the contract and will comply in full with all the requirements 0 0 Wood Environment& Infrastructure Solutiom,Inc Respondent Signature LO Bradley J. Knight, Vice President Legal CL E c� wood. Packet Pg. 2447 e ' Request for Qualifications for On Call Category B. Canal Infrastructure Engineering c� U) RFQ for On Call Professional Engineering Services � U00 , r INSURANCE AGENTS MTEML:N Cam) c14 I have reviewed the above requirements"th the bidder named below, The following deductibles apply to the corresponding policy, � POLICY DEDUCTIBLES 0 General Liability NIL. Auto Liability NIL Employers Liability NIL � 'r f) v workers Compensation NIL M — Professional Liability (claims mane) carifidentia] � r ti U , Liability policies are Occurrence Claims glade Aoti Risk Servic(+s J Vtfit[ra n✓r. �. Insurance Agency Signature f) r Print Marne.. lennifer Williams ri c� x c� 0 U 0 U 0 0 LO CL E E wood. Packet Pg. 2448 e ' Request for Qualifications for On Call Category B. Canal Infrastructure Engineering c� VENDOR f'1=:It`I'II+'IC'_TION RIjGARI)I_NG SCUUI'INIZED C'Clll PANIFS LIST'S W ; 00 Prnjcct Dcscription(s)• On Call Professional Engineering Services for the Canal Restoration and Resilience Programs t''4 U Respondent Vendor Name: Wood Environmenit&Infraxtructure Solutions,Inc. VendorFklN. 91-1641772 Vendor's authorized Representative Name and Title: Christine Mehle,PE,CFM,ENV$?,Principal-in-Charge/Water and r Infrastructure Service Line Lead J aCltlress:16i?54.....CNA 5...th..A..k F'..C.ttnie._5 itt4,' �.Q6 City: Miami Lakes State: Florida Zip: 33014 Phone Number: (305)826-5588 � 1_mail address: christlne.rnehleoodplc.com s 0 Section 287.135,Florida Slatutc,,prohibits a company from bidding on.submitting a proposal for,or enter- v entering _ into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies(hat Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel, Section 287.135, Florida Statutes,also prohibits a company lions bidding on,submitting a proposal for,or entering into or renewing a contract for goods or s services of$1,000,000 oi-more,that are on either the Scrutinized Companies with activities in Sudan List or m , the Scrutinized Companies with activities in the Iran Petroleum Energy Sector Lists which were created L) 0- pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authoriz"I to sign on behalf of Respondent,I hereby certify that the company idcntifi"l above in the Section entitle d-1,Wspondcnt Vendor Name"is not listed on the Scrutinized Companies that Boycott � Israel LAst or engaged in a boycott of Israel and for ProivQts of S1,000.000 or more is not listed on either the C3 Scrutinized Companies with activities in Sudan List.,.the Scrutinized Companies with activities in the Iran ri Petroleum Energy Sector last,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135.Florida Statutes,the submission of a lialse certification may subject company to civil penalties,arttorney's fees,an&or costs..I further understand that any contract with the County may he terminated, at the option of the County. if the company is found to have submitted a false certification or has been placed on the Scrutinized C.'ompanics that Boycott Israel List or ungagcd in a boycott of Israel or placed on the Suudmzcd Companies with Activities in Sudan List or the Scrutinized Companies with activities in the;Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. U Certified By-..r-hristin€M.e.h1.e,.PE.S:F.K._ENV 5.P svlio i5 arrilrorired(o sign ern behalf of the abovereferenced company � u 0 Authorized Signature. Print Name: Christine Mehle,PE,CFM,ENV 5P 0 �9 Title, Principal-in-ChargelWater and lnfrastruststre Serrlce Llne lead m U Note:The List;are available at the following,Department of Management Services Site.: 0 hltn,� auatw,dms,myiToridar.conti`busms s aerations/state purchasing,/vuridor�mformationiuonvictesl�susptn ded discriminatory complaints vendor lists LO E 46 E U m wood. Packet Pg. 2449 0.14.b DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/18/2021 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. cj IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If y SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this In certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT C, Aon Risk Services Southwest, Inc. NAME: 00 Houston TX Office (A/CN o.Ext): C866) 283-7122 C No.): C800) 363-0105 L) 5555 San Felipe ADDRESS:suite 1500 Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: AIG Specialty Insurance Company 26883 JWGUSA Holdings, Inc. INSURER B: American International Group UK Ltd AA1120187 O and its subsidiaries and Affiliates O 17325 Katy Freeway INSURERC: Zurich American Ins Co 16535 Houston TX 77084 USA INSURER D: ACE American Insurance Company 22667 , U INSURERE: ACE Fire Underwriters Insurance Co. 120702 INSURER F. � COVERAGES CERTIFICATE NUMBER:570087923613 REVISION NUMBER: O t) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY GLO EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence $100,000 L9 APPROVED BY RISK MANAGEMENT _ MED EXP(Any one person) $5,000 � BY` = *2'022 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE /31/ GENERAL AGGREGATE $4,000,000 � POLICY ❑X JE �LOC WAVER NtA—YES — PRODUCTS-COMP/OPAGG $4,000,000 U OTHER: D AUTOMOBILE LIABILITY ISA H2555047A 07101120210710112022 COMBINED SINGLE LIMIT $2,000,000 U Ea accident X ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident ' U UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE , U DED RETENTION D WORKERS COMPENSATION AND WLRC67807674 07/01/2021 07/01/2022 X PER STATUTE I OTH- EMPLOYERS'LIABILITY ER Y/N Work Comp- ADS O ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 E OFFICER/MEMBER EXCLUDED? NIA SCFC67807716 07/01/2021 07/01/2022 L) (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Archit&Eng Prof PSDEF2100726 07/01/2021 07/01/2022 Aggreagate Limit $5,000,000— O Claims Made- Prof. Liab. Any One Claim $5,000,000 SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) L) see attached addendum for Additional Named Insured Wood Companies. RE: Agreement for On Call Professional Engineering O Services for Category B Canal Infrastructure Engineering Services. Monroe County, its successors and assigns are included as O Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. 3 to CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA 'J� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2450 AGENCY CUSTOMER ID: 570000021966 0.14.b LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER see Certificate Number: 570087923613 c� U) CARRIER NAIC CODE > see Certificate Number: 570087923613 EFFECTIVE DATE: ADDITIONAL REMARKS U THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 00 CNI FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance U cNI INSURER(S) AFFORDING COVERAGE NAIC# INSURER 0 INSURER 0 INSURER INSURER 0 t,3 IM ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD it% certificate form for policy limits. 0 INSR ADDL SUBR POLICY NUMBER POLICY POLICY LIMITS L) w LTR TYPE OF INSURANCE INSD VD EFFECTIVE EXPIRATION DATE DATE �y (MM/DD/YYYY) (MM/DD/YYYY) OTHER LLB A Env contr Poll CPL12456119 07/01/2021 07/01/2022 Aggregate $5,000,000 L) claims Made- Poll. Liab. Limit SIR applies per policy to ms & conditions U Per Loss $5,000,000 Limit 0 U x U 0 L) 0 L59 L) 0 0 LO E E U ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2451 AGENCY CUSTOMER ID: 570000021966 0.14.b LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. JINGUSA Holdings, Inc. POLICY NUMBER see Certificate Number: 570087923613 c� CARRIER NAIC CODE U) see Certificate Number: 570087923613 EFFECTIVE DATE: ADDITIONAL REMARKS U THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 00 FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance t) Additional Named Insured JINGUSA Holdings, Inc. wood Group USA, Inc. wood Environment & Infrastructure solutions, Inc. AMEC Construction Management, Inc. 0 AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. Amec Foster wheeler Energia, S.L.U. c5 Amec Foster wheeler Industrial Power Company, Inc. Amec Foster wheeler Kamtech, Inc. Amec Foster wheeler Martinez, Inc. Amec Foster wheeler North America Corp f) Amec Foster wheeler Power systems, Inc. 00 Amec Foster wheeler USA Corporation Amec Foster wheeler ventures, Inc. it' BMA solutions, Inc. 0 C E C Controls Company, Inc. Cape software, Inc. Foster wheeler Intercontinental Corporation cj Ingenious, Inc. �y John wood Group PLC John wood Group, Inc. Kelchner, Inc. MACTEC Engineering and Consulting, P.C. MACTEC Engineering & Geology, P.C. MASH ventures, Inc. f) Mustang International , Inc. Rider Hunt International USA, Inc. ) RING (Repair & overhauls) USA, Inc. swaggart Brothers, Inc. 0 wood Design, LLC — wood Group Alaska, LLC wood Group Asset Integrity solutions wood Group PSN, Inc. wood Group UK, Ltd wood Massachusetts, Inc. wood Programs, Inc. 0 t) 0 t) 0 0 LO E c5 ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2452 0.14.c DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 06/18/2021 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.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). 0 U) PRODUCER CONTACT Aon Risk services southwest, Inc. NAME: Houston TX Office (A/CN o.Ext): C866) 283-7122 C No.): C800) 363-0105 5555 San Felipe E-MAIL suite 1500 ADDRESS: 00 Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: AIG Specialty Insurance Company 26883 JWGUSA Holdings, Inc. INSURER B: American International Group UK Ltd AA1120187 and its subsidiaries and Affiliates 17325 Katy Freeway INSURERC: Zurich American Ins Co 16535 Houston TX 77084 USA INSURER D: ACE American Insurance Company 22667 INSURERE: ACE Fire Underwriters Insurance Co. 120702 O INSURER F: COVERAGES CERTIFICATE NUMBER:570087923613 REVISION NUMBER: 0 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, O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY GLo484 08501 EACH OCCURRENCE $2,000,000 CLAIMS-MADE El OCCUR PREMISES Ea occurrence $100,000 CD APPROVED BY RISK MANAGEMENT (D A", VIED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 CD GEN'L AGGREGATE LIMIT APPLIES PER: DATE,.,,,,� ,,,,,,"""�„F' """""""""""""""" GENERAL AGGREGATE $4,000,000 PRO- WAVER NSA YES POLICY �JECT El LOC --- — PRODUCTS-COMP/OPAGG $4,000,000 OTHER: D AUTOMOBILE LIABILITY ISA H2555047A 07101120210710112022 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) U AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE CD DED RETENTION E D WORKERS COMPENSATION AND WLRC67807674 07/01/2021 07/01/2022 PER STATUTE OTH- Qb EMPLOYERS'LIABILITY X ER Y/N Work Comp- Ao5 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,OOO,OOO E OFFICER/MEMBER EXCLUDED? � N/A sCFC67807716 07/01/2021 07/01/2022 (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— CD B Archit&Eng Prof PSDEF2100726 07/01/2021 07/01/2022 Aggreagate Limit $5,000,000— claims Made- Prof. Liab. Any One Claim $5,000,000 SIR applies per policy ter s & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) see attached addendum for Additional Named Insured Wood Companies. RE: Agreement for On Call Professional Engineering Services for Category B Canal Infrastructure Engineering Services. Monroe County, its successors and assigns are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. 3 CERTIFICATE HOLDER CANCELLATION E 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA y `rx ��'J� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2453 AGENCY CUSTOMER ID: 570000021966 0.14.c LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER see Certificate Number: 570087923613 CARRIER NAIC CODE see Certificate Number: 570087923613 EFFECTIVE DATE: U ADDITIONAL REMARKS U) THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, _ FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance U 00 INSURER(S) AFFORDING COVERAGE NAIC# tom,) cNI INSURER INSURER , INSURER 0 INSURER j ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD f0 certificate form for policy limits. 00 POLICY POLICY INSR ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION LIMITS 0 LTR TYPE OF INSURANCE INSD WVD DATE DATE 0) (MM/DD/YYYY) (MM/DD/YYYY) 0) OTHER () L59 A Env contr Poll CPL12456119 07/01/2021 07/01/2022 Aggregate $5,000,000 claims Made- Poll. Liab. Limit SIR applies per policy to ms & conditions t) Per Loss $5,000,000 Limit U a J E 0 L59 U U E U ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2454 AGENCY CUSTOMER ID: 570000021966 0.14.c LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. JWGUSA Holdings, Inc. POLICY NUMBER see Certificate Number: 570087923613 CARRIER NAIC CODE see Certificate Number: 570087923613 EFFECTIVE DATE: U ADDITIONAL REMARKS U) THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, _ FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance U Additional Named Insured 00 JWGUSA Holdings, Inc. L)) wood Group USA, Inc. N wood Environment & Infrastructure solutions, Inc. AMEC Construction Management, Inc. AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. Amec Foster wheeler Energia, S.L.U. 0 Amec Foster wheeler Industrial Power Company, Inc. 0 Amec Foster wheeler Kamtech, Inc. Amec Foster wheeler Martinez, Inc. Amec Foster wheeler North America Corp Amec Foster wheeler Power systems, Inc. Amec Foster wheeler USA Corporation Amec Foster wheeler ventures, Inc. f0 BMA solutions, Inc. C E C Controls Company, Inc. Cape software, Inc. Foster wheeler Intercontinental Corporation 0 Ingenious, Inc. 09 John wood Group PLC John wood Group, Inc. Kelchner, Inc. L) MACTEC Engineering and Consulting, P.C. MACTEC Engineering & Geology, P.C. W MASH ventures, Inc. Mustang International , Inc. Rider Hunt International USA, Inc. RwG (Repair & overhauls) USA, Inc. t) swaggart Brothers, Inc. �- wood Design, LLC wood Group Alaska, LLC U wood Group Asset Integrity solutions 9= wood Group PSN, Inc. 0 wood Group UK, Ltd wood Massachusetts, Inc. wood Programs, Inc. E U U E ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2455