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Item F30
F.30 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: F.30 Agenda Item Summary #11341 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427 N/A AGENDA ITEM WORDING: Approval of a First Amendment allowing a corporate name change on the Continuing Services Consultant Agreement for Professional Architectural and Engineering Services from Wood Environment & Infrastructure Solutions, Inc. to WSP USA Environment & Infrastructure, Inc. ITEM BACKGROUND: Wood Environment & Infrastructure Solutions, Inc. was acquired by WSP Global Inc. on September 21, 2022 and changed its name to WSP USA Environment & Infrastructure, Inc. This Amendment reflects the name change to the Agreement only. The federal tax identification number (FEIN), payment address, and noticing information are still the same. The corporation will continue to perform as required under its original agreement. PREVIOUS RELEVANT BOCC ACTION: 12/19/2018 — BOCC approved a continuing services Agreement for Professional Architectural and Engineering Services with Wood Environment& Infrastructure Solutions, Inc. CONTRACT/AGREEMENT CHANGES: Corporate name change. STAFF RECOMMENDATION: Approval of First Amendment DOCUMENTATION: Amendment 41 Name Change Wood to WSP—legal stamped Wood Executed Contract 12.19.18 FINANCIAL IMPACT: Effective Date: 9/21/22 Expiration Date: 12/18/22 Packet Pg. 1647 F.30 Total Dollar Value of Contract: n/a Total Cost to County: n/a Current Year Portion: n/a Budgeted: n/a Source of Funds: n/a CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: no If yes, amount: Grant: n/a County Match: n/a Insurance Required: No Additional Details: N/A REVIEWED BY: Cary Knight Completed 10/28/2022 3:01 PM Kevin Wilson Completed 10/28/2022 3:39 PM Joseph DiNovo Completed 10/28/2022 3:58 PM Purchasing Completed 10/28/2022 4:08 PM Budget and Finance Completed 10/30/2022 11:32 AM Brian Bradley Completed 10/31/2022 12:05 PM Lindsey Ballard Completed 10/31/2022 12:18 PM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg. 1648 F.30.a FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES a� This First Amendment("Amendment")made and entered into this 15fh day of November, 2022,by and between Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its E successors and assigns, hereinafter referred to as "County" or"Owner", AND 0 0 Wood Environment and Infrastructure Solutions, Inc., whose address is 5845 NW 0 1581h Street, Miami Lakes, Florida, 33014, its successors and assigns, hereinafter referred to as "Consultant". WITNESSETH: d U) WHEREAS, on the 19th day of December 2018,the parties entered into an Agreement for Professional Architectural and Engineering Services ("Agreement"), pursuant to Subsection 287.055(2)(g), Florida Statutes to provide professional services for miscellaneous projects in E which construction costs do not exceed Two Million and 00/100 Dollars ($2,000,000.00) or for U) study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00); and .2 WHEREAS, County was notified by Consultant that it was acquired by WSP Global, Inc. 0 and the firm's name had changed to WSP USA Environment and Infrastructure, Inc. effective 0 September 21, 2022; and a� WHEREAS, this Amendment is needed only to reflect the new corporate name and will otherwise have no impact on the Agreement and Consultant will continue to perform all of its 0 obligations under the Agreement; and cu z WHEREAS, it is in the mutual best interests of the County and Consultant to amend the Agreement to reflect this corporate name change. NOW, THEREFORE, in consideration of the mutual promises, covenants and E agreements stated herein and in the original Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: c� 1. Effective September 21, 2022, Wood Environment & Infrastructure Solutions, Inc. changed its name to WSP USA Environment and Infrastructure, Inc. but no other 1 Packet Pg. 1649 F.30.a changes were made to the Federal Tax Identification Number (FEIN), corporate business address,bank accounts,wiring instructions, and other similar information, as evidenced by Exhibit"A" attached hereto and made a part hereof. a� 2. Consultant will continue to perform all of its duties, responsibilities, and obligations under the Agreement. 3. Where the corporate name, Wood Environment & Infrastructure Solutions, Inc., appears in the original Agreement, as amended,the name shall hereinafter be amended to read"WSP USA Environment and Infrastructure, Inc.". 4. The remaining provisions of the Agreement dated December 19, 2018, not 0 inconsistent herewith, remain in full force and effect. 0 0 IN WITNESS WHEROF, each party has caused this First Amendment to be executed by its duly authorized representative on the day and year first above written. E (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman U) Date: Date: CL Ci MONROE COUNTY"^TTOR'NEY"'S CWFH--E 0yq„ ...� N r''„✓ fy .«..y...yNY' d fN• "� lY"_W.« d��M1 rr—�r 911�.�r y-- yam'" yr 0 _.DATE: 10-27-2022 CONSULTANT: WOOD ENVIRONMENT&INFRASTRUCTURE U a� (SEAL) SOLUTIONS, INC. E Attest: n/k/a WSP USA ENVIRONMENT & Witnesses to Consultant: INFRASTRUCTURE, INC. E By. By. E Print Name Date Print Name Date E c� Title: Title: 2 Packet Pg. 1650 EXHIBIT A F.30.a September 23, 2022 as CD Subject: Wood Environment& Infrastructure Solutions, Inc. - Name Change Notification U Dear Valued Client: 0 E We wish to inform you, effective September 21, 2022, Wood Environment & CL Infrastructure Solutions, Inc. was acquired by WSP Global Inc. We are now doing business in the United States as WSP USA Environment & Infrastructure Inc. o 0 The current name of our company has changed as shown in the chart below. We will continue to operate as we always have with a focus on our core values of safety, integrity,teamwork, and excellence. Please be advised that this is a change of name only. Our federal tax identification number(FEIN)and our Dun & Bradstreet as number(DUNS) will remain the same. Likewise, there is no change in the invoice E payment address. Our contractual relationship with you is unaffected by the name change. The Federal Identification Number also remains unchanged. Please update °b your records accordingly. E U) Previous name Wood Environment& Infrastructure Solutions, Inc. as New Name WSP USA Environment& Infrastructure Inc. CL E Date of change September 21, 2022 Federal ID Number 91-1641772 U) as This name change is administrative in nature, and we assure you that we will continue to ®I maintain the current resources, contracts, and other existing services we currently provide. We will continue to deliver the same quality of services and the same dedicated team of consultants, project managers, engineers, and scientists to your projects. Our focus remains on delivering projects safely and successfully for you. 0 Beginning September 23, 2022, our business correspondence will reflect the WSP USA Environment& Infrastructure Inc. name. If your company requires changes to our °b contract documents, or has any other procedural requirements, please advise at your earliest convenience and we will work with you to process required documentation. as If you have any questions regarding the name change, please contact your client E representative. Thank you for your business, and we look forward to continuing to serve you. as E Sincerely, as as E Joseph J. Sczurko, Jr., PE President, Earth & Environment WSP USA WN 1)CHIM Packet Pg. 1651 AGREEMENT FOR Professional Architectural and Engineering Services This Agreement ("Agreement") made and entered into this 19th day of December; 2018 by and between the Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "OWNER"or "COUNTY," c� AND Wood Environment and infrastructure Solutions. Inc.. an Architect of the State of Florida, L whose address is 5845 NW 158th St. Miami Lakes, FL 33014 its successors and assigns, hereinafter referred to as "CONSULTANT", c WITNESSETH: 0 WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for various County Projects from time to time located in Monroe County, Florida and; WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00, or for study activity if the fee for E professional services for each individual study under the contract does not exceed $200,000.00. , U) The professional services required by this Contract will be for services in the form of a continuing 00 contract, commencing the effective date of this agreement and ending four (4) years thereafter, 17 with options for the County to renew for an additional 1 year period. V' C� V- Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scopes of work, time schedules, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. U Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent 0 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. E NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1 Packet Pg. 1652 r F.30.b 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including but not limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and E sufficient to accomplish the purposes of the Project and to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information or design elements in the contract documents. 0 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to c his performance and those directly under his employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach.of this Agreement and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of 00 termination to the CONSULTANT. CN 1.1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Monroe County Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be c) employees of Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. 0 ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT's Scope of Basic Services consist of those described in Attachment A. 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 commence work on the services provided for in this Agreement and Task Order promptly upon his receipt of a written notice to proceed issued by the COUNTY. 2 Packet Pg. 1653 F.30.b 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Cary Knight. CL Director of Project Management Monroe County 1100 Simonton Street Rm 2-216 Key West, FL 33040 c 0 And: Mr. Roman Gastesi , Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: U) Gregory Corning, P.E. Wood Environment and Infrastructure Solutions, Inc. 00 5845 NW 158th St �s Miami Lakes, FL 33014 N c� ARTICLE III ADDITIONAL SERVICES c0 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. 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 proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 3 Packet Pg. 1654 F.30.b 'r 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT's services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents.Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the, CONSULTANT's services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such c documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, c fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V 00 INDEMNIFICATION AND HOLD HARMLESS AND DEFENSE 17 0) 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 0 intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons U employed or utilized by the CONSULTANT in the performance of the contract. c� 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 0 Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT will hold the 4 Packet Pg. 1655 F.30.b I COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDEM Indemnification To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless the COUNTYand State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of this Contract., This indemnification shall survive the termination of this Contract. Nothing contained in this 0 paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity. 0 ARTICLE VI .PERSONNEL 6.1 PERSONNEL E The CONSULTANT shall assign only qualified personnel to perform any service concerning the U) project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: 00 NAME FUNCTION N Gregory Corning PE'- Proiect Manager Ricardo Fraxedas, PE JPrincipal p } in Charge Charlene Stroehlen, PE Quality.Assurance 0 U Jocelyn Isaias.. RA Architect Cesar Rullier PEA Architect David Soler PE' _ Civil Engineer So long as the individuals named above remain actively employed or retained by the 0 CONSULTANT,they shall perform the functions indicated next to their names. If they are replaced, the CONSULTANT shall immediately notify the COUNTY of the change in personnel. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement based on the hourly rates outlined in Attachment B, or a Not to Exceed Amount negotiated at the time of performance. s Packet Pg. 1656 F.30.b 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, et seq. Florida Statutes. (A) If the CONSULTANT's duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; c� (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT's invoice shall describe with reasonable particularity the service rendered. The o 0 CONSULTANT's invoice shall be accompanied by such documentation or data in o support of expenses for which payment is sought at the COUNTY may require. o 7.3 REIMBURSABLE EXPENSES Allowable Reimburasable expenses will be separately identified in each Task Order and are subject to the maximum allowable contract amount. Travel expense reimbursements E are subject to the limitations of Florida Statute 112.061 and Monroe County Codes. U) 7.4 BUDGET 00 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 N year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 0 U 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. X ARTICLE VIII o INSURANCE o 8.1 The CONSULTANT.shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of 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. 6 Packet Pg. 1657 Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use E of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or$300,000 Combined Single Limit 0 D. Commercial general liability, including Personal Injury Liability, covering claims for c injuries to members of the public or damage to property of others arising out of any c covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a E Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a E Claims Made policy, its provisions should include coverage for claims filed on or after U) the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48) months following the termination 00 or expiration of this contract. N E. Architects Errors and Omissions professional liability insurance of $1,000,000 per occurrence and $3,000,000 annual aggregate. If the policy is a "claims made' policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida c) Statutes. F. COUNTY shall be named'as an additional insured with respect'to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the 0 limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. E c� 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 at the discretion and request of COUNTY. The COUNTY reserves the right to require a certified complete copy of such policies, including all amendments, endorsements, exclusions or changes to the policy, upon request. 7 Packet Pg. 1658 F.30.b I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required and provided to COUNTY. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for a COUNTY Project belong to the c COUNTY and may be reproduced and copied without acknowledgement or permission of 0 the CONSULTANT. , 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the Board of County Commissioners E for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or 00 subcontractor shall comply with all of the provisions of this Agreement. Subject to the 17 provisions of the immediately preceding sentence, each party hereto binds itself, its ) successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES 0 c, Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. c� X 9.5 TERMINATION OR SUSPENSION 0 A. In the event that the CONSULTANT shall be found to be negligent in any aspect of c service, the COUNTY shall have the right to terminate this agreement after five (5) days written notification to the CONSULTANT. c� B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide 8 Packet Pg. 1659 F.30.b CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. However, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the 0 COUNTY terminates this Agreement with the CONSULTANT, COUNTY shall pay c CONSULTANT the sum due the CONSULTANT under this Agreement prior to c termination, unless the cost of completion to the COUNTY exceeds the funds remaining , in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. , U) E. Scrutinized Companies: For Contracts of any amount, if the County determines that the 00 Consultant has submitted a false certification under Section 287.135(5), Florida 17 Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is ' engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to c, demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the 0 conditions of Section 287.135(4), Florida Statutes, are met. c) For Contracts of $1,000,000 or more, if the County determines that the Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the . Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the 0 option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met E c� 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments "A: Consultant Scope Of Services" and "B: Hourly Rates', and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9 Packet Pg. 1660 F.30.b 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vendor list. E By signing this Agreement, CONSULTANT represents that the execution of this Agreement CL will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. 0 In addition to the foregoing, CONSULTANT further represents that there has been no c determination, based on an audit, that it or any subconsultant has committed an act defined , by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. E CONSULTANT will promptly notify the COUNTY if it or any subcontractor or U) subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 00 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from U the termination of this Agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully 0 retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. E c� Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance 10 Packet Pg. 1661 F.30.b rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10)years after Final Completion. 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the c enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that c venue shall lie in the 16t' 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 E be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to 00 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 N 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 U original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. X 9.11 ATTORNEY'S FEES AND COSTS c 0 The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable E attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY 11 Packet Pg. 1662 F.30.b Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS E 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 the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or c by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 c concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and E CONSULTANT agree to participate, to the extent required by the other party, in all U) proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and 00 CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. CN 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties agree that there will be no discrimination against any person, and it is expressly cj understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title Vll of the Civil Rights Act c of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, c color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), E which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to 12 Packet Pg. 1663 F.30.b 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 ll, 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. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935; 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix ll,¶C, agrees as follows: 0 1) The consultant will not discriminate against any employee or applicant for 0 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 E employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The 00 consultant agrees to post in conspicuous places, available to employees and ems' applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. c� 2) The consultant will, in all solicitations or advertisements for employees placed by 0 or on behalf of the consultant, state that all qualified applicants will receive U consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. X 3) The consultant will not discharge or in any other manner discriminate against c any employee or applicant for employment because such employee or applicant c has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or ° applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 13 Packet Pg. 1664 F.30.b 4) The consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) 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 0 the Secretary of Labor, or pursuant thereto, and will permit access to his books, ° records, and accounts by the contracting agency and the Secretary of Labor for 0 purposes of investigation to ascertain compliance with such rules, regulations, and orders. E 7) In the event of the consultant's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures 00 authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 0 U 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 0 9.19 CODE OF ETHICS E COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT 14 Packet Pg. 1665 F.30.b The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by c 0 CONSULTANT. CONSULTANT shall be referred to herein also as "Contractor" for this c provision only: c Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" E materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to 00 unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination t0 or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: 0 (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 E 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 contractor does not transfer the records to the County. 15 Packet Pg. 1666 F.30.b (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 0 0 If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with- the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public E records to the County or pursuant to a valid public records.request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of 00 any public records unless or otherwise provided in this provision or as otherwise provided 1; by law. 17 N 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 c) PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. 0 0 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES 16 Packet Pg. 1667 F.30.b All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely E performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. c 0 9.25 NON-RELIANCE BY NON-PARTIES , No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or E employee of either shall have the authority to inform, counsel, or otherwise indicate that any U) particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in 00 general or for the purposes contemplated in this Agreement. N 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION c� CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free c) Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other 0 factual unit costs. All such adjustments must be made within one year following the end of the Agreement. E 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS 17 Packet Pg. 1668 F.30.b This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. c 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, c WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: , 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. 00 2. Assuring that small and minority businesses, and women's business 17 enterprises are solicited whenever they are potential sources. 3. 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. 4. Establishing delivery schedules, where the requirement permits, which c0 encourage participation by small and minority businesses, and women's business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. c 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the c affirmative steps listed in paragraph (1)through (5) of this section. 9.30 TIME FOR PERFORMANCE/BASELINE SCHEDULE/COST ESTIMATES Time is considered of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special povisions and specifications included below: 18 Packet Pg. 1669 F.30.b 9.30.1 SCHEDULING REQUIREMENTS 1. Baseline Schedule 1.1 A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 3.1. 2. Monthly Schedule Update 2.1 The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY E on or before the fifth (5th)day of each month. 2.2 A brief narrative describing scheduled milestones with the status for each and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. a 0 2.3 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. U) 2.4 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project 00 to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the N operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. U 2.5 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress the project in accordance with the milestone dates established in the Baseline Schedule. Such action on the part of the CONSULTANT shall be considered non-performance and the COUNTY shall a have all rights to seek remuneration and other damages as provided for in this Agreement c and the laws of the State of Florida. 3. Project Development Process c� 3.1 Preconstruction activities should at a minimum include the following elements as applicable: PROJECT DEVELOPMENT PROCESS Task Name Milestone Comments Date 19 Packet Pg. 1670 t F.30.b Contracting Phase Issue Notice to Proceed Programming and Design Phase Submit Final BOD and OPR BOCC Approval of Programming Document Conduct Site Plan Meeting Submit Site Plan for Approval Receive Site Plan Approval Approved Schematic Design Documents Approved Design Development Documents 30% Approved 60% Construction Documents Approved 90% Construction Documents E Approved 100% Construction Documents Bid and Permit Phase Approved Building Permits Posting of Notice of Request for Competitive Solicitation o Conduct Pre-Bid Meeting Bid Opening 0 -BOCC Approval of Construction Contractor Issue Notice to Proceed to Construction Contractor Construction Phase Conduct Pre-Construction Meeting Obtain Substantial Completion Obtain Final Com leiton E Process Final Closeout Documents 00 3.2 The duration of the Contract should extend through the issuance of a Notice to 0) 17 Proceed to the construction contractor as part of the normal project development process. 9.30.2 COST ESTIMATING REQUIREMENTS t0 1.1 Baseline Cost Estimates c� 1.1.1 Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and revisions to the COUNTY. The 0 COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.1 Cost Estimate Updates. 2.1.1 The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. 2.1.2 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month 20 Packet Pg. 1671 F.30.b intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 9.31 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its sub-consultant's must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended, including but not limited to: 9.31.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). 9.31.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal c program legislation, which includes emergency Management Preparedness Grant 0 Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port 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. E 31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, , CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by 00 the Secretary of Labor. In addition, CONTRACTORS must be required to-pay wages 17 not less than once a week. If applicable, the COUNTY must place a copy of the ' current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness U Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland "Anti-Kickback" Act (40 c U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, c "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 E means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these 21 Packet Pg. 1672 F.30.b clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.31.3Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty(40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty(40) hours in the work week. The requirements of e 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or e mechanic must be required to work in surroundings or under working conditions e which are unsanitary, hazardous, or dangerous. These requirements do not apply to , the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.31.4Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or U) nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding 00 agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small N Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.31.5CIean Air Act(42 U.S.C. 7401-7671g.), Water Pollution Control Act(33 U.S.C. 1251- U 1387) as amended. Contracts and subgrants of amounts in excess of$150,000 must 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 0 9.31.6Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.31.713yrd Anti-Lobbying Amendment(31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier 22 Packet Pg. 1673 certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 9.31.8Compliance with Procurement of recovered materials as set forth in 2 CFR & 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of E the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that c maximizes energy and resource recovery; and establishing an affirmative c procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated E items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting E contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at U) EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 00 9.31.9 Americans with Disabilities Act of 1990 (ADA). as amended. The CONTRACTOR Ci will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 0 U 9.31.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services ,pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to a verify the employment eligibility of all new employees hired by the subcontractor c during the Contract term. 9.31.11 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR E acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)applies to the CONTRACTOR'S actions pertaining to this contract. 9.31.12 Access to Records. The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of 23 Packet Pg. 1674 F.30.b the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 9.31.13 Federal Government not a party to contract. CONTRACTOR acknowledges that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. E 9.31.14 Department of Homeland Security (DHS) Seal, Logo. and Flags. The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 0 9.31.15 Compliance with Federal Law, Regulations, and Executive Order. This is an c acknowledgement that FEMA financial assistance will be used to fund the contract only. The CONTRACTOR will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. E 9.32 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of E Emergency Management (Division). The applicable Federally-Funded Subaward U) and Grant Agreement may be found at the following link on the Monroe County webpage: 00 httv://www.monroccoggiy-fl.gov/DocumentCenterNiew/l 5972/Federall Funded- CN Subaward-and-Grant-Agreement 9.33 The CONTRACTOR shall hold the Division and County harmless against all claims of U whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by.law. X 0 0 E c� 24 Packet Pg. 1675 F.30.b I WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly A f Gaut onzed..r .presentative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS v. lAttest: KEVI MADOK, Clerk OF MONRO CO FLORIDA By: Deputy Clerk Mayor/Chairman Date: ��'- � 9 °► g Date: 0 0 0 (Seal) CONSULTANT Attest: Wood Environme nd Irf tructure Solutions, Inc. Sig t Signature: Name d �� ' Name: �( U) Title: Title: 1 (ee4' LL-m- 00 0 Date: �Ol�' Date: /�/� C14 c� 1 AW . •. 1, U All es 10 o� :c MONROE COUNTY ATTORNEY /, o �i •�yc APP VED AS TO FORM +t! NIs 0 F••••.....•• —Liu-ze tl�ki�� N�~ CHRIS AMBROSIO ASSISTANT COUNTY ATTORNEY Data: / —� Cj CDMg. Q :.: csy "r1 rn � C7 � :C}� O � O Cc-Ltj Ji � LL cs _' 90 25 CA Packet Pg. 1676 F.30.b ATTACHMENT A Consultant Scope of Services 1.01 DESCRIPTION The Respondent awarded a Contract for Professional Architectural and Engineering Services contract shall provide Architectural and/or Engineering Services to Monroe County. The contract will provide for the planning, design, contract documents, project administration and coordination. c� Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration 'of contract documents, consultation and on site inspections during construction, c process shop drawings, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentations to the County Commission. All projects 0 shall have construction costs, which do not exceed $2 million, or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars($200,000.00). SCOPE OF ARCHITECT/ENGINEER'S BASIC SERVICE 2.1 DEFINITION 00 2.1.1 Architect/Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. c� 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, 0 and other information necessary for construction. The Design for Construction shall be accurate, U coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The Architect/Engineer shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4. 0 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect/Engineer shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect/Engineer shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. . 2.2.3 The Architect/Engineer shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. 26 Packet Pg. 1677 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect/Engineer shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the Architect/Engineer shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. 2.2.6 Upon completion of the Schematic Design Phase, the Architect/Engineer shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County's Project Management Department's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Design Development Phase. 0 0 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS c 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the Owner's written approval. U) The Architect/Engineer shall perform the following design phase tasks: 00 a. Structural Design/Documentation services during the Schematic Design Phase N consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. 0 c, b. Mechanical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. 0 0 C. Electrical Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and,general space requirements. d. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on-site utility systems, off-site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 27 Packet Pg. 1678 F.30.b 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect/Engineer shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and Architect/Engineer, the Architect/Engineer shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County's Project Management Department's information. The Architect/Engineer shall provide an estimate E of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the Architect/Engineer shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The Architect/Engineer shall provide an o estimate of anticipated costs in accordance with the design development phase. o 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to Architect/Engineer continuing to the Construction Documents Phase. E 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the Architect/Engineer must U) complete the tasks set forth in paragraphs 2.5.1 -2.5.13. Too 2.5.1 Floor Plans - This consists of general plans, overall coordlnating plans, and plan ems' enlargements for important and special areas. Data required: N a. Building perimeter(footprint)and exterior wall type, thickness and composition fixed. b. Structural grid or system. U C. Major mechanical/electrical systems determined and their requirements reflected and indicated on plans. d. Indicate buildings core-elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated. f. Floor, slab, and level elevations. o g. Typical door types. o h. Typical partition types. i. Built-in furniture items-special furniture and equipment(early clarification of what is"NIC" and "by owner") j. Larger scale (e.g., '/"). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full-height facades including roof structures. 28 Packet Pg. 1679 b. All fenestration. C. Overall vertical building and floor heights. d. Indicate cross-reference points with sections. e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment. g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall, etc.) .properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., 3/"). Dominate full-height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment. b. Typical wall construction. C. Back-up structure, abutting floor systems. c d. Window location and insulation methods. c e. Flashing, masonry coursings. c f. Mechanical penetrations impact(furring, etc.). g. Parapet design. 2.5.4 Details - Large scale (1-1/2", 3")as required. Indicate key conditions. E a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb/head, plan section b. Hollow metal (typical only; keyed to plans and schedules) 00 C. Frame types (typical only; for compatibility and profile) 17 d. Stair types - egress, public, exterior(including railing design) Metal and glass walls, ) borrowed lights, etc.;for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Built-in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. U 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-referenced to, floor and reflected ceiling plans. Indicate: a. Breaks. b. Level changes. c C. Pertinent vertical dimensions. c 2.5.6 Reflected Ceiling Plans -Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: E c� a. Lighting layouts. b. Soffits, coves, furrings. C. Skylight locations. d. Ceiling materials. e. Acoustic treatments. f. Heating and ventilating register, diffuser locations. g. Sprinklers. h. Access panels. 29 Packet Pg. 1680 2.5.7 Schedules - Schedules to be non-repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes. b. Doors and frames. C. Preliminary hardware. d. Windows/glazing. 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. E 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 0 2.5.10 Structural Design Development Set c 0 a. Floor plans at the same scale as the architectural/engineering drawings. b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions. E C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other. E d. Non-typical framing scheme where required: lobby, floors at grade, and other. e. All column points established. U) f. Final column schedule. 00 g. Preliminary details and sections to adequately indicate structural system. 17 h. Preliminary details of major unique conditions that impact on scheme (as 17 determined by the Architect/Engineer). N i. Details indicating accommodation with mechanical/electrical at areas of major interface. j. Design development specifications. k. Any necessary recommended adjustments to the preliminary estimate of U construction cost. 2.5.11 Mechanical/Electrical Design Development Set a. Typical floor plans. Systems representation in diagrammatic (non-detailed) style, c major items of equipment indicated their space requirements and interface c requirements with other systems. Indicate: major shafts (sizes), chases, .. mechanical rooms and electric closets, and convector/fan coil locations, etc. b. Required punctures: wall, slab, and beam. E C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning and air-handling equipment, packaged units, etc. d. Locations of major roof-air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the Architect/Engineer). 30 Packet Pg. 1681 F.30.b f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces. 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan--building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans. d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points. c e. Indicate areaways, vaults, access to sub-grade spaces. 0 f. Preliminary site and exterior building lighting scheme with identification of fixture types. g. Parking area defined with preliminary plotting. h. Indication of paths, stairs, ramps, berms, terraces, etc. i. Plant materials(indication and preliminary schedule). j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others. k. Design development specifications. I. Any necessary adjustments to the preliminary estate of construction cost. 00 2.5.13 Other Consultants' Design Development Sets CN As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. U 2.6 CONSTRUCTION DOCUMENTS PHASE c� 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the c Architect/Engineer shall prepare, for approval by the Owner and Monroe County's Project c Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. E 2.6.2 The Architect/Engineer shall provide Drawings and Specifications for the Owner's and the Monroe County's Project Management Department's review. 2.6.3 Upon completion of the Construction Documents Phase, the Architect/Engineer shall provide Construction Documents for the Owner's and Monroe County's Project Management Department's approval. Once approved the Architect/Engineer shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD. Any and 31 Packet Pg. 1682 all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The Architect/Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The Architect/Engineer shall assist the Owner and Monroe County's Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The Architect/Engineer's construction documents (plans, specifications, etc.)will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the Architect/Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required from the Architect/Engineer to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. c 0 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The Architect/Engineer, following the Owner's approval of the Construction Documents and the Architect/Engineer's latest estimate of Construction Cost, shall assist the Monroe County's Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. E U) 2.7.2 The Architect/Engineer shall assist the Monroe County's Project Management Department in issuing bidding documents to bidders and conducting pre-bid conferences with prospective 00 bidders. The Architect/Engineer, with the assistance of the Monroe County's Project Management Department, shall respond to questions from bidders, and shall issue addenda. N 2.7.3 The Architect/Engineer shall, on behalf of the Owner, file all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. c) 2.8 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT c� 2.8.1. The Architect/Engineer's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates c with the issuance to the Owner of the final Project Certificate for Payment including the submission c of all project close-out documents by the Architect/Engineer and Contractor. The Architect/Engineer will administer the Owner/Contractor contract as provided for in that document. The Architect/Engineer agrees to perform a project check prior to the end of the warranty period as E a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The Architect/Engineer shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The Architect/Engineer shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor 32 Packet Pg. 1683 F.30.b shall be given to the Contractor by the Architect/Engineer or Monroe County's Project Management Department. 2.8.4 Upon receipt, the Architect/Engineer shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the Architect/Engineer may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the Architect/Engineer to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as E revised, the Architect/Engineer shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Architect/Engineer shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 0 2.8.5 The Arch itect/Eng 1 neer shall carefully inspect the work of the Contractor and shall, at a c minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the Architect/Engineer shall protect the Owner E from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the Architect/Engineer shall E submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. U) 00 2.8.6 The Architect/Engineer shall initially approve periodic and final payments owed to the 17 Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the Architect/Engineer reliably informs the Owner that the Architect/Engineer has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work L) meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the c Architect/Engineer has (1) made exhaustive or continuous on-site inspections to check the quality c or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or .. procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment E or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The Architect/Engineer shall have authority, after notification to the Monroe County's Project Management Department to reject Work, which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents the Architect/Engineer will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in 33 Packet Pg. 1684 accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The Architect/Engineer shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while allowing_sufficient time in the Architect/Engineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of construction means, methods, techniques, sequences, or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is c required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon such c certification to establish that the materials, systems or equipment will meet the performance criteria , required by the Contract Documents. Architect/Engineer shall take appropriate action on submittals within 14 calendar days. The Architect/Engineer shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. E U) 2.8.10 The Architect/Engineer shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County's Project 00 17 Management Department for the Owner's approval and execution in accordance with the Contract Documents. Architect/Engineer to take appropriate action within seven (7) calendar days. C� 2.8.11 The Architect/Engineer shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 0 U 2.8.12 The Architect/Engineer shall require inspection or re-inspection and testing or retesting of the work, to include architectural/engineering, structural, mechanical and electrical engineering portions of the work, in accordance"with the provisions of the Construction Contract whenever appropriate. 2.8.13 The Architect/Engineer, assisted by the Monroe County's Project Management Department, 0 shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The Architect/Engineer shall submit to the Owner a list comprised of incomplete and/or unacceptable items required by the Contract Documents to include E architectural/engineering, structural, mechanical, and electrical engineering portions of the work. The Architect/Engineer shall forward to the Monroe County's Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor.The Architect/Engineer shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The Architect/Engineer shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The 34 Packet Pg. 1685 F.30.b Architect/Engineer's response to such requests shall be made with promptness and within seven (7)days of receipt of request. 2.8.15 Interpretations and decisions of the Architect/Engineers shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The Architect/Engineer shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the Architect/Engineer shall not be c� restricted, modified or extended without written agreement of the Owner and Architect/Engineer. 2.8.18 The Architect/Engineer shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on c actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, c without additional compensation. , 2.8.19 The Architect/Engineer shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.20 The Architect/Engineer shall not have control over or charge of and shall not be responsible U) for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility 00 under the Contract for Construction. The Architect/Engineer shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. N The Architect/Engineer shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. ° 0 U 2.8.21 The Architect/Engineer shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the Architect/Engineer shall make available to the Owner any personnel or consultants employed or retained by the Architect/Engineer for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for 0 actions of the Architect/Engineer, unless otherwise prevented by counsel of the Architect/Engineer and which time it would be subject to subpoena. For other claims against the Owner, the Architect/Engineer will do this under an expert witness with compensation. 2.8.22 The Architect/Engineer shall review any as-built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.8.23 The Architect/Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Architect/Engineer or its consultants, or both. 35 Packet Pg. 1686 • F.30.b 2.8.24 The Architect/Engineer must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the Architect/Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. c� 0 0 0 E E U) 00 c� 0 U c� x 0 0 E c� 36 Packet Pg. 1687 ATTACHMENT B CONSULTANT'S HOURLY RATES E 0 0 0 E E U) co CN 0 u x w 'a 0 0 3: E .a u 37 Packet Pg. 1688 F.30.b Wood Environment&Infrastructure Solutions,Inc. 2018 Schedule of Fees I. Personnel Title Standard Hourly Rate Principal $206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior Engineer $157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $76.00 cis Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $114.00 CL Designer $94.00 LO Environmental Specialist $ 109.00 0 Senior Environmental Specialist $ 134.00 0 Scientist/Geologist $93.00 0 Senior Scientist/Geologist $118.00 Marine Biologist/Hydrogeologist $110.00 Senior Biologist/Hydrogeologist $138.00 Senior GIS Specialist $ 139.00 GIS Specialist $102.00 Clerical/Administrative $62.00 E Senior Technician $ 85.00 ° U) Technician $72.00 CADD Technician $ 81.00 00 Survey Crew-2 man $130.00 s Survey Crew -3 man $ 161.00 C14 Senior Architect $ 154.00 Architect $ 121.00 II. Expenses U A. Travel Expenses 1. Transportation:Company pickup truck/personal vehicle, per mile-current allowable rate per County and Florida State Statutes UJI 2. Per Diem Expenses:direct expenses in accordance with Florida State Statutes a 0 B. Equipment/Other Expenses(not including personnel time) Digital Field Documentation Equipment(cameras, $75.00/per day/per person water level&measuring tape,GPS units,etc.) E Geophysical Equipment(GPR Equipment) $1,000.00/day Drone with Camera $1,000.00/day Laser Scanner $1,000.00/day C. Communications 1. In-house costs for long distance phone,telex,telecopier,postage will be charged at 10%markup. Ill. Subcontract 1. Subcontract services will be invoiced at a cost multiplied by 1.15 Packet Pg. 1689 F.30.b s RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 Proposal From: Wood Environment&Infrastructure Solutions,Inc. c� acknowledge receipt of Addenda No.(s) 1, 2, and 3 1 have included: o o The Submission Response Form ✓ 0 - o Lobbying and Conflict of Interest Clause ✓ o Non-Collusion Affidavit ✓ o Drug Free Workplace Form ✓ o Respondent's Insurance and Indemnification Statement ✓ o Insurance Agent's Statement ✓ o Public Entity Crime Statement ✓ E o Vendor Certification Regarding Scrutinized Companies Lists ✓ r) In addition, I have included a current copy of the following professional and occupational 00 0 licenses: ; State of Florida Professional Engineering,Architecture,Landscape Architecture,and Surveying Licenses N (Check mark items above, as a reminder that they are included.) Mailing Address: 5845 NW 15811 Street Telephone: 305.826.5588 t0 (if different from above) Miami Lakes, Florida 33014 Fax: 305.826.1799 c� Date: October 9, 2018 Federal I.D. No. 91-1641772 DUNS No. 00-964-3354 0 0 Email: mike.phelps@woodplc.com Signed Witness: lc.v5l 000aooe000©°° � Michael Phelps, PE A0°°° ° � ©°op (Name) �g �o° ° ono Office Manager g �' o (Title) d o o `� "oo °° g9aooO0��o a®�Q�1,®�® Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Packet Pg. 1690 F.30.b wood. Wood Environment&Infrastructure Solutions,Inc. www.woodpic.com October 9,2018 Monroe County Purchasing Office 1100 Simonton Street The Gato Building, Room 2-213 Key West, Florida 33040 CL Subject:Signing Authority for Monroe County Submittal, Professional Architectural and Engineering Continuing Services You requested documentation 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. 0 These authorities apply to Federal,State or Local Government entities.Additionally,any level of these general authorities may 0 also further delegate signature authority to an individual for a specific action.This is usually done for convenience when the responsible manager is away or otherwise unavailable to sign a contract document. Please be advised that Michael Phelps, PE and Ricardo Fraxedas, PE have Office Manager authority,to sign on behalf of Wood Environment&Infrastructure Solutions,Inc. E As an officer of Wood Environment&Infrastructure Solutions,Inc.,I can verify that the limits outlined in the table below are valid for your use: 00 s No Limitation of Liability in contract Limitation of Liability in contract c14 c� Managerial Level Time&Materials Fixed Price Time&Materials Fixed Price Contract Amount Contract Amount Contract Amount Contract Amount 0 U Office Manager $3,000,000 $1,000,000 $5,000,000 $3,000,000 Region Manager $5,000,000 $3,000,000 $10,000,000 $5,000,000 Operational President $10,000,000 $10,000,000 $25,000,000 $15,000,000 a 0 CEO >$10,000,000 >$10,000,000 >$25,000,000 >$15,000,000 .. E Please do not hesitate to contact me at(615)333-0630 or lytle.troutt@woodplc.com should you have any questions. Regards, L rTroytle itt,Jr. President East US and Latin America Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Packet Pg. 1691 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE c� " Wood Environment&Infrastructure Solutions,Inc. E (Company) CL ... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former 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 0 County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, , percentage, gift, or consideration paid to the former County officer or employee". E E (Signature U) Date:October 9, 2018 00 0 s CN c� STATE OF: Florida Cf U COUNTY OF: Polk Subscribed and sworn to(or affirmed) before me on October 9, 2018 X (date)by Michael Phelps, PE (name of affiant). he is QaLonally a Cf known to me or has produced as identification. (type of identification) c� STEPHANIE KITZEROW NOTA Y bUBLIC Notary Public,state of Florida My comm,expires Aug.23,2021 Commission Number GG 137427 My commission expires: Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Darlrc4 Dn 1692 , F.30.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES NON-COLLUSION AFFIDAVIT I, Michael Phelps, PE of the city of Lakeland according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Office Manager of the firm of Wood Environment &Infrastructure Solutions,Inc. the bidder making the Proposal for the project described in the Request for Qualifications for: Professional Architectural and Engineering Continuing Services Contract and that I executed the said proposal with full authority to do so: 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 0 relating to such prices with any other bidder or with any competitor; ° 3. unless otherwise required by law, the prices which have been quoted in this bid have 0 0 not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, E partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; E 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. co c Zi2 October 9,2018 CN (Signature of Respondent) Date c� STATE OF: Florida 0 U COUNTY OF: Polk _ c� PERSONALLY APPEARED BEFORE ME, the undersigned authority, Michael Phelps, PE who, after first being sworn by me, (name of individual signing) affixed his/her signature in the 0 space provided above on this 9 day of October 20 18 . E c� NOT PUBLIC STEPHAfdIE KITZEROW Notary Public,State of Florida 'y My comm,expires Aug.23,2021 I commission Number GG137427 My Commission Expires: Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Packet Pg �693 • aa.nr.� • aJ.. •vav F.30.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Wood Environment&Infrastructure Solutions,Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform-employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are o under bid a copy of the statement specified in subsection (1). ' 0 0 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of E the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. E 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so 00 convicted. ems' 6. Make 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 0 U requirements. R se pondent's Signature 0 0 October 9, 2018 Date E c� STEPHANIE KITZEROW 3• �� Notary Public,state of Florida NOT PUBLIC + ' My comm.expires Aug.23,2021 commission Number GG137427 gyp' My Commission Expires: Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Packet Pg. 1694 F.30.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $1,000,000/$1,000,000/$1,000,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $300,000 Per Occurrence (Owned, non-owned and hired vehicles) $200,000 Per Person $200,000 Property Damage Or$300,000 Combined Single Limit 0 Architects Errors and Omissions $1,000,000 per occurrence 0 $3,000,000 aggregate Indemnification, Hold Harmless and Defense. The Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise 00 out of, in connection with, or by reason of services provided by the Consultant or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally,wrongful Ci conduct of the Consultant, or its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that 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, U the Consultant 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 ambiguity in the plans and specifications provided by the 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 claim or action on the County's behalf. The first ten dollars ($10.00) of c remuneration paid to the Consultant is consideration for the indemnification provided for above. c The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements .i contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. E Monroe County County Forms October 9, 2018 - Professional Architectural and Engineering Continuing Services Packet Pg. 1695 • F.30.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Michael Phelps, PE Respondent 51gnature INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 0 Auto -ISAH25150132 $500,000- occurrence 0 GL - HDOG27874265 $2,000,000 - occurrence E WC - WLRC64625196 $1,000,000- occurrence Professional - EOC1008375-02 $10,000,000 -claims made E U) 00 Liability policies are x Occurrence x Claims Made CN r Aon �,: A Insurance Agency Signature U Print Name: Jennifer Williams x 0 0 E c� Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Packet Pa"J.. 1696 F.30.b PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Wood Environment& 1 have read the above and state that neither Infrastructure Solutions,Inc. (Proposer's name) E nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 0 (Signature) Date: October 9,2018 E E STATE OF: Florida COUNTY OF: Polk 00 Subscribed and sworn to (or affirmed) before me on the 9 of October 2018 by Michael Phelps, PE (name of affiant . He he is personal) known to me or has produced ype of identification) as identification. 0 U n STEPHANIE KITZEROW My mi ion Expires: Notary Public,State of Florida >;� J My comm,expires Aug.23,2021 commission Number GG f37d27 0 NOTAWY PUBLIC o E c� Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Darlrc4 Dn 1697 • F.30.b VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Professional Architectural and Engineering Continuing Services Contract Respondent Vendor Name: Wood Environment&Infrastructure Solutions,Inc. Vendor FEIN: 91-1641772 Vendor's Authorized Representative Name and Title: Michael Phelps, PE, Office Manager Address: 5845 NW 15811 Street c� City: Miami Lakes State: Florida Zip: 33014 Phone Number 305.826.5588 Email Address: mike.phelps@woodplc.com .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or 0 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 that Boycott Israel List, created pursuant to 0 Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector E Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. E As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified U) above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that 00 Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities ' in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. cN I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have cj submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized 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. 0 0 Certified By: Michael Phelps, PE who is authorized to sign on behalf of the above referenced company. E Authorized Signature: � Print Name: Michael Phelps, PE Title: Office Manager Note:The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendor lists Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Packet Pg. 1698 Firm and Individual Licenses and Certifications State of Florida Department of State I certify from the records of this office that WOOD ENVIRONMENT& INFRASTRUCTURE SOLUTIONS, INC. is a Nevada corporation authorized to transact business in the State of Florida, qualified on August 3,2000. 0 The document number of this corporation is F00000004389. 0 0 I further certify that said corporation has paid all fees due this office through , December 31, 2018,that its most recent annual report/uniform business report was filed on May 10, 2018, and that its status is active. E I further certify that said corporation has not filed a Certificate of Withdrawal. U) co CN Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Twenty-fourth day of May, 0 2018 U ® 0 r 0 Secretary of State E Tracking Number:CU6729787684 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Monroe County County Forms October 9, 2018 -- Professional Architectural and Engineering Continuing Services Packet Pg. 1699 Licensee Details S t c .t - l ? - ®r lid a:` Licensee Information � r Name: WOOD ENVIRONMENT a INFRASTRUCTURE SOLUTIONS, INC(Primary Name) {{ 1 7 - Main Address: 2020 WINSTON PARK DRIVE SUITE 70D B eefS OAKVILLE ONTARIO International L5H 6K7 t� County: FOREIGN Wood En E>apt ' u S 1,ij o I C { B PL ucense Malling: Ie'authodud uad t they rovila 9 e tRtu ,to'otfe[a eL'•; Ucensel.—bon: 150 COCOA ISLES BLVD p gineeNpg COCOA BEACH FL 32931 io the pubU through a Pr f.aelo En c, u'd Choptei:471 Florida Statue _ County; BREVARD Expi[otlon 2/28l2019 ,I_fy .CAL( No AuditN:. 228?01906352 NC 53y2 ucense IntormeUrm ..... c;: .. -. �. :..t License Architect Business type: Rank: Architect Bus RICK 6COTr,GOVERNOR ]ONATHAN ZACHEM,SECRETARY Umnse Number: AA26002187 TATFO FCO�ID���� Status: Current E�KADSIryE$CIS A ROEE6910 A ftE Tt� Ucensure Date: 12/t612010 29 � _.—✓�B—RDSIFOIND_gAP.E-#� _ OT \ Expires: 02/28/2019 Special qualifications Qua6Dca8an Effective jp gSCAPEARCHCEUIXUSINE - �� \ Corpomt]en 12/17/2010 dR�a gEOI .51-a Alternate Names ■t1 ■ . t070C�� � .' �❑ r ❑ /J¢N _D1a _ view Related usenae mrermncien View Lice—Comolaln: nona.,DrP•nmrut or Alnerlm Irs Covramtt Servkn L N LD7932.. - - - OrMo arc rsriraa en.ra orr,arm s heron rna aappm PApu4a Doe Februmy 29,2019 7L� th F 1? • `.. 10o]AplarLvePYmYT OWrnee,Plaride]21946500 da,: y0q .Professional Surveyor and MapperSueinece Licence" - 1„rOfCSSIOnalEng ears - 2 - Aftests that " _ ..ywQuepm>lrlaa,arcmpmra7z,Ploriarsiawu, � ��`.F „r .s � Gre o IWalllam Corizuig l'.E WOOD ENVOOfihiBNT&TE 00 fRUCIVRE SOLUTIONS,INC 1105I.AIZEWOOD PKWY518300 �y/� - ALPHAREITMGA300094623 - - �.� Yam• lt�* w{S{il � 0�1 ADAMR.PMAM Is licensed as a Profession`alsEngineer tinder Chapter 471 Floilda Statutes' mi.0msslDRstoPAcwcuLTua9 _ PE 11e Not'Hxiiltatloa:2/28/2019 �., "Yr �- muke�wyd.smwrmml®.rn.a®ew.e®�m+mega..e,..ra.Naawe,.a.edyn�,pn,vale.s�a. Audit No: 2 2 0 2019 016 9 6 RAE3 '1'fY � 79293". �'` Tag 4 ,� • , ,r -j i a t8J St:ate� fF�l arida Statdyof�Falorda00 Boar�6r U' = c 5 A of•'Profes"sional En eery Boardgf Pro£esslonal-Eilgmeers Fa� ?T �Atteste ihei� a r s1 Attests hat R1car��f(, �Fra• edas�,3P.fEy C Charier °A$Stroehlen ` r ..,. F�PI.. �' Ie licensed as a ProfeeB on sEtigiaee!llatle�Chapter 471�Floade Statutes Is licensed Da a Piofeasi&Mxngine�der Chapter471,Plorida Statutes Expiration. No E�ipitatioa 2/29/2019 AuditNo xxsm19063ti R $8 1 - -'4328T AuditN 2292a1911630 R Y 58774 Stae fF Aida State of Florida 1, 9 Boar oftroessloil<aLEnglneer,'s Board of Professional Engineers Attests thet d DazdbSolerz ErIgPE Rebecca Jeanne Vanderbeck,P.E. 0 1 &F Ie licensed as a Prof es sionallEngLlee>[under..Chapter 471„Plonda Statutes IR licensed as a Professional Engineer under Chapter 471,Florida Statutes `" Expiration 2/21112D19. �;� P.B.Td No: Expiration:2/28/2019 P.E.Lie.No: Audit No: 228201930652 A - $� 68468� Audit No: =01917269 R 64804 Statef of Florida Stat�$�olr�f rdaX 4- Board of-Professional Engipeers Board�of*&fissional Engineers t ` Ateeste that - ,�'I �� s "�Afie is s that t Mark usrin Frederick P E. y J) I E B B Augv }o Poiteuan,P E E 1 . .. U s Is licensed as a Professional Engineer under haipter 471,Florida Statutes IB licensed as a Profession Engineer under Chap r 471,.Flfirida Statutes Expiration:2/21/2019 4,) l P.E.L[c.No: Hxpiration 2/2S12019 - `. s -�P.E/SI L No Audit No: 22SM1917639 R 70671 -Audit No 228201921914;SI b9Mb 59038,`._.; SPPCLl;I.INSI'.ECTOR Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Paa.nci Pg. 1700 A 1 I 1 t State. rida j Sta ®rida f Flo : Boar rof-Pofessiot�al Engineers Board of roess�on ears Aueisthat,�^v 'i"`� 1 1�rre--ll,Kenyatt Day,P E - J scrin�- on.Alphons , A IaBPE Isacensed as;a Professional En`g2neer under , aptee 471,Flotlda Statutes:' Ia licensed ae a Profess oval Engineer itff er Ch prat 471,Floilda Statutes' _HipinUon.x/7J1120 "V P.E.LtS No. •.Hiplrad a 2/xe%2o19 - - _.PH LIc No' -Audit NTa 228201908755 1. ' +tom+. 62160 Audit No 2267B3905503 R - 67464 Board o Professloal Engineers Boar of ProFessin 'rEngilieers A'�teats'that'� �- " Atie� sts+iha B Uani tt Hathaway P E F a�C James Anthony Baiges E' ]s hcenaed as a Professional Engtie �under Chaptez 471,Florida Statutes f Is licensed as a Professional ngineer under Chapter 471�Flonda Staru'tes,_ Explrado 2(28/2a19�� �...•. ^r"" .,. ..,.P.H:,Lic N• E.Pirndo.•e/28/?At9 Audit Nu 228201920215 R y .60T24 Audlt No 2282U1910434 R - 79-44 0 . . Mate of Tenne0gee ° StateFJof:Florida '{ STATE BOARD OF ARCHITECTURAL AND ENGINEERING ENAMINERS 0 ' 7 PROFESSIONAL ENGINEER Board oftProfesslonai Engl`n` eerS MS CYNTHIA LEE POPPLEWELL l Atteetsth2t ' S - �Walter II F.WkJr,P E� }} y{�Q E R i .. Y', - Y ti Is Ucensed,as a Professional iii t er under Chapter 471,Flonda Statutes . � r ^, . 'EaplruUo:2/28/2019` T.-, _;y- 3. jr � P.H.Lic.No: . ®R. AuditNo 22820191T53a R �k� " .v° 65084LD NUMBER:105683 LIC STATUS:ACTIVE IN-1313 RICK SCOTT,GOVERNOR MATILDE MILLER,INTERIM SECRETARY EXPIRATION DATE:Jmuary 31,2020 DEPARTMENT OF U) TeTEO -0BID- �� ` I I COMMERCE AND INSURANCE DE FAR i`NIENLOFL- ASWF STHD P OFES IOHA- :0 TIQ \ .HOA9D17E31Q--RLTEOZIRF,�e.][4 IOR;OKSIGR 00 RICK SCOTT,GOVERNOR JONATAW 7ACHEM,SECRETARY —DEPARTMENT OF.6UBINESS SND PRO�'ESSI��AI:REOU TION RD OF IANOSCAPE ARCHLTEC.TUR_E \ �laured�elDYlHAS a REGISIERE <Mr O ��_ \\\\Y UR�` �•�-��, * .AaHn�Is—O.oLOhaptBt-0�FS`_ BI SOCINEYJAY \ Issueo- 9tntrsotTy DISPLAY AG REQUIRED BYLAW SEOA tndntopdtasa �-'�NA- 30SSk1��`�•a`-""g"`•\�..j` \ \ J� �'����` ` dbjw ISSUED: tOzsaotT DISPLAY AS REQUIRED BV LAW sEO e t �em0`nsz�L`�� `,J CDSERVIC EE ... -^•"""-'" ---�-^-" •---•-'------ --�^- - R—,13p,nm<nt �,t +pmn �' rn gi-p„- .. _ 19VSBAOpvJda<abDrclv mPwoA Iualoere S.d<f nlm 99f rSW Lim—Na LS42e01 fP—l.l a—pnend Mbppn ExpiaonDu Fb 28,2019oConn 0yyqq • ,II Professional Surveyor and Mapper License t ROBBRTMICHAELJONESIMOFOX �� ! _ APOPKA,FL BDR �- APOPKA,FL 31712-31115 _ R 4 - COMMISSIONEROFAGa1CULTURE I6mNmRyltiM grngvaryRveyswnu r R rMn rxp;,i,Ra tAgdmlt wa cn sr.tm+ ". i ���ry -^--^-"— bT,w Tcomu rsr T ---L«.aasoN•�,�IS5046---.—.--..----- BoallotRotnsbnel5 ,ryrs dMnppm. ExP 0 lii Flrcuary 28:i019 1095Apvla<bnA ,TdlAumee,FlA Jn9T6.W0 - - `V •Profess;oval Burveycr and Mapper License 'uad<rtK lRovs,oas ofClup a2,�iadaa sm ms _ . CHARLES BARREN GARDINER In - M BRANTLEY HARBOR DR LONGWOOD;FI L 32779 _ ADAT1H —OP j•_.n-. � fAMMISS1 qhER PAGRICL'LTURB-.. amry wuleei� t.+,+s rw�wtMuawv+tt ISau.-:. Monroe County County Forms October 9, 2018 -- Professional Architectural and Engineering Continuing Services rwa.ne4, raJ.. 1701 w un, The U.S.Green Building Council ... bereby Deuilles that THE AMERICAN INSTITUTE OF ARCHITECTS Jason Alphonso DECLARES THAT has successfully demonstrated knowledge of the green building design and ronstruction Irui.lry End the //// Leadership in Energy and Emdron ou"Deagn([.BED-)v2 f422 t,GGLlC2 Green Building Rating System"Resources and Process required to be awarded the tue of IS ADMITTED TO ASSOCIATE MEMBERSHIP HAVING BEEN FOUND ELIGIBLE _ LEER®v2 Accredited Professional BY AUTHORITY OF THE BOARD OF DIRECTORS AND IS ENTITLED OF THIS CATEGORY OF MEMBERSHIP AS PRESCRIBED IN THE BYLAWS. LEED. onr[o.wcusr+,.xuis /yam T /1�/L,�(��11/Zl__ Kevin Hyder.t7ai,man S.Kderd Fe nazi Pmsident M end Fowding Qiefmun �vJ ❑O❑ ❑(](] "ALA y„ ' s 00❑ kkk ISUSTAINABLENSTITUTE FOR GBCI *' IN RASTRUCIURE P GREEN BUILDING CERTIFICATION INSTITUTE I S I nEeEar rrartP r rn.. 0 presents the Envision M.Sustainability Charles Phillips .Professional Credential to Mark Frederick` Presented ou:August 1,2014 - ms eenmvro nre Des�u�,nnon of p Qj LEED°ACCREDITED PROFESSIONAL WSAe.�\�'Son� neau IID III SUCCESS—n,PLlxnnrnnon or THE LIAIIIIIII IN I1EaDr •Wilhnm Bcrlera .. , IND EYVII0111INTAr DESIGN UEED•r°BEEN euuDinD v.,rmD frsTIES Eremd eDLenor 00 or�i sews°`.,2009 CN ASSOCIATION OI STATE ASSOCIATION OF STATE, i � FLOODkAIN,IgI""kgS,INC. i7.00DI'I:AIN MANAfiI:fiS yINC t3 _ ( N "OFi CI NTI�ICATION�OA�D.OF BBN7'S . C�iTIgICAT10.,86ARW GERTS: . . ,.. .j ; I-EG n ES— NI-T h !I. nm }I r y,.°""r°np cEav�e Ic""�nreRtox`i,re MaYk J. Frederick CFM Cynthia L. 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"",� m o�ir.• All E Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services r QVnGt r g. 1 I V6 s I � s 'morel sg� IYORTHCAkOLINq AS5oCrA1TON OF PLOOPPLAIN AIANACi*"- 7Ij VP 1 alo.rvl yp d deelonll y r .k Society of N'etlairdScrentists cr�oonrrnnvn�nxACExcct�rxo�xAz Professional CerttficatronxProgram, lne. 1 A<neAfedym kwalad _}sh1 3lvadeBiP hrsp°serr - _ : Y t -._�;-rry!. - grleEca;.^mfo RPut»BEsi>2rrs<'Y"l�eodacD os sr,rsnea sl�`wl w' + .DRBMi SDF xox}nekR9LlNkaSsoCIAnQN°F'tlODDPLWVD1A14r1cHt�'ryeu AwARDFDnIC "M+. z, ProfessionalFWetland Scientist David'A St-" CFlt'I T£ II31tECocFOtiDiI13QAEOp TJBB c�ERislc.�resJssuE9�Tl�nars2vz000 '. :Terem ns,M:S. xf4as�,e<alesbvlEap�m IDmm��, "; y�1VIPa ,, v PAN<d o � nyw \tww m ud r ��en1 ' Fp��f` - C Ificyt I'Mg i I curd :11 Sod C rr R fMnt ulJn0l0 �I �PM,{"�L ✓✓T�Pf..�,. P r Iwal ws nwgw�rslwb..lwe`�w,.rur�M ulv:alR I :;. -NCaFPMRPaeegrye1luecror Cl'1�1 NC`AFPM CLetr •�'L., 1 1... DpQnFyrcC � e M.N 9 A.. _ ■ _ - ■ �' .$Ranw � � ✓7at e0PJl 0 Society of Wetland Scientists Professional Certification Program;Inc. AQl ud�/Gj`,,Vk&�°�tP�"? 0 g—t the dig-i- rrFdweizeVj aid'b,/nrw*.alk,yr zalmd Gy dde - Professional Wetland Scientist Q- CA—Iff-"� '� F-`pl A— k Kevin"R Shelton6ig&d-V?p e& Offaaay w K�ZJ N mwgbillon ofaR da pmf iobel requirements approved by me&dMofW&,MSciemist - Sirly-jourPrglestlonul D-10, em f/nifs(67 POU) Cemrlmfion Pmgmdl,I=md mWedby and SU*'s Celfir—ivn Review Panel on 5/112017 rrpp..P\Ys //��ll 'Professional Wetlavd scimtin number 3AIJ.N,Wrecenlfy by 51112013: ✓dllP2 RG Jellf�/re6 k' [flpril3, 20>5 John M.low<v0e1, ern` E_dM I� 1 U) �. A. _ Hour onmlr �7 °��` 7�x PMLOCERrIFIED Ip mute. Robed D.A &D.,PWs. 11r arn7m1D W' /' Review Pavel Chd, ■ 00 My Profile The Aiy Profile page has boen uptlated W prouitle you easy access[o your in(onna Wn and status vi W n me CFeds _" ' N Program The tabbad menu mns sis olrwe areaz where you canv ew'ntbvnanon related la your spec lc acpWnl. ways kee !a up to tlale.It is haw CFetlS team sends o<mmenala a pmv des nd Ievlm cel cb n y 1Q.1C.5 t�j 4�7 t1tOlt Al pW,r pro your you emaua aA �` uremt of mt5 3 j anagemeRl AfRWOt Pslsmal CE¢dS Gonl'Ou ng ECYcaLnO 4r-tlere -. tfitd! Jy fiar,r 6 g 1 1,fie, Fields marked witn an ester sk()are repo red. C d yd f s g ?rog Your Name&Areliation Charles B Gardiner Flnt Namo': RebeA � Hor 6e,usHJlmri dG6mby g d Mitldle Name Mirdael - CrrrtfieA'.Feafernf SlirveyD rll _ Lvet Name. Jones `(`: = a)Ibe llei AS fAmrr N ckname Wke i t. 1 or0an q.: AMEC FW IJ75 DateofBW: 3110f1955 vg rG f.f f, d C f4dPd TS g ys bendy , !br f44 60 d r„g brt dd! yyl l e Accpu0l P¢rsp.1 OF05!<4JinY➢9 Eduwiyn Qfd@Ss I`e . s d.wy 6.edail L,elv"iG.ore .f oluw6G.` CFedS Program Information - s-Data 12IN2010 do - CenalraceNumber; 1480 r Renewal Dale: lInGa019 Roster Settings _ _ - Woultl you IN.your eomam intomiation W be d,play¢d In We CFOdS MsW(f!Yes J Nb Quiz Results � I Passed 1, 97%11PJ31201Di 1MIM10 - �C�Passed i 80%� 1/82011 1/B2011 i :�Pessetl 85%11242011 I 2242011_ Pessetli 87%J 3/782011 31ismil i�Passed B4Yo 32313011 3232oll 1. 6 Pas 93%j d/102011 4/102011 I Passed Sfi% 4/1e/3011 41182011 Monroe County County Forms October 9, 2018 Professional Architectural and Engineering Continuing Services Darlrc4 Dn 1703 x F.30.b i i -DATE(M MIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 06I29/2018 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 ADDITIONALiNSURED,the policy(les)must have ADDITIONAL INSURED provisions'or be endorsed,If j SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this w 1 certificate does not confer rights to the.certificate holder in lieu of.such endorsement(s). .. .. - - - PRODUCER CONTACT N . -" NAME: � Aon Risk Services southwest, Inc , - - - Houston TX office CrNo,.E><t) (866) 283-7122 `F�•No.4 (800) 363-0105 - a) 5555 San Felipe E-MAIL o O9 Suite 1500 .ADDRESS: _ _ _ _ Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# U INSURED' - - -� - , INSURERA:. ACE'AIIIeritan insurance Company ..22667 0) wood Group USA, Inc. INSURERB: Ag ri General Insurance Com an -42757 p-'y ' fka AmeC Foster wheeler 9 "" 17325 Park Row INSURERci ACE Fire Underwriters Insurance Co,, 20702 Houston TX 77084 USA I INSURER D: AIG Specialty insurance Company `,26883OL INSURER E: Lloyd's Syndicate NO. 2003 AA1128003 LO ... .... . .-...., INSURER F .__.. _ .. .-:. .. ..... COVERAGES CERTIFICATE NUMBER: 5700721041;92 'REVISION NUMBER: THIS,IS TO CERTIFY THAT THE POLICIES OF INSURANCEILISTED BELOW,HAVE BEEN,ISSUED TO,THE INSURED NAMED ABOVE FOR THE POLICY PERIOD O INDICATED.NOTWITH$TANDMG ANY'REQUIREa1ENT,TERM OR'CONOiTION OF ANY.CONTRAOT OR'OTHER DOCUMENT.,WITH RESPECT TO WHICH THIS ' 0 CERTIFICATE MAY BE ISSUED OR',MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES"DESCRIBED:HEREIN IS'SUS$CT tG ALL.THE.TERMS, EXGLUSicNS;AND'CONDITIONS OF SUCH POLICIES-LIMITS,SHQWN MAY HAVE BEEN REDUCED BY PAID CLAIMSt LIm(ta;siiawn areas requested TYPE OF INSURANCE POLICY NUMBER -- -` I TR NSO VAM MIND MhUDD LIMITS , A X' COMMERCIAL GENERAL LiIABILITY HDOG EACH OCCURRENCE $2,000,000 CLAIMS-MADE I X 1 OCCUR PREMISES Ea'occurrence $2,000,000 _LJ MED EXP(Any one person) $5,000 " PER$ONALB ADV INJURY $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE` $4,000,000 0 _ POLICY PRO- LOC a'JECT PRODUCTS-.COMP/OP AGO $4,000,000 n a�a OTHER: U) 'A AUTOMOBILELIABILITY ISA H25150132`' - 05101/2018 01/31/2019 COMBINED SINGLE LIMIT 000 u' Ea.acciden $2,000,.- 00 jX ANY AUTO AF RO YR XN4'>I�1NAG MENT BODILY INJURY(Perperson).. z0 OWNED SCHEDULED \ �/ ' BODILY INJURY(Per accidenp..�.. _. _4)AUTOS ONLY AUTOSBY •�J-r!✓l.HIRED AUTOS NON-OWNED PROPERTY DAMAGE (a t'�lONLY AUTOS ONLY Per=Identl IU . . DATE U UNIBRELLALIAB OCCUR EACH OCCURRENCE - - WAIVER N/k4 YES EXCESS LIAB -CLAIMS-MADE AGGREGATE - DED. RETENTION - _......- -. _ -._ .._ .. ._.. - - U A WORKERS COMPENSATION AND - `wLRC64625196 05/01/2018 Ol/3l/2019 -pER OTH EMPLOYERS'LIABILITY X STATUTE 0) Y�L+N work Comp- ADS ANY PROPRIETOR PARTNER EXECUTIVE E,L,EACH ACCIDENT $1,OOO,000 B OFFICE71MEMBEREXCLUDED? `IJ' NIA :WLRC64625202 05/01/2018'01/31/2019 - (MandatoryinNH) ;Work Comp- TN E,L.DISEASE-EA EMPLOYEE $1 000,000 IF yes,describe under -' _ _ DESCRIPTION OF OPERATIONS below E.L:DISEASE•POLICY LIMIT - - $1 000"000 E 'Archit&En'g"Prof PSDEF1800726 07/O1/2016 06/30/2019 Any One Claim $5,000,000 SIR applies per policy ter s & condi ions Aggregate Limit $5,000.000�. , - __.. 0 -2 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space la toqulrbd) _ Re: Architectural/Engineering Services Monroe County is included as an additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies as required by written contract. SEE ATTACHED ADDENDUM FOR ADDITIONAL NAMED INSURED AMEC COMPANIES. OP E qS CERTIFICATE,HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, si9 Monroe County AUTHORIZED REPRESENTATIVE _ 1100 Simonton St., Room 2160 Key west FL 33040 USA „ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1704 F.30.b AGENCY CUSTOMER ID: 570000021966 LOC#: I f41C ADDIT.I®NAL REMARKS SCHEDULE page _ of - AGENCY - NAMED INSURED Aon Risk Services southwest, Inc. wood Group USA, I11G.• POLICYNUMBER see certificate Number: 570072104192 'CARRIER - -- NAIC CODE See certificate Number: 570072104192 EFFECTIVE DATE! ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 19-A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabiifty-Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER _ - _ INSURER O INSURER ° _. ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD O certificate form for policy limits. , INSR ADDLSUBR POLICY POLICY LTA TYPE OFINSURANCE tN WVD POLICYNUMBER EFFECTIVE E!CPIRKr LIMITS DATE DATE MM/DD MM/DDIMY) WORKERS COMPENSATION E c N/A RWCC64785825- 05/01/2018 01/31/2019 work comp- W1 U) OTHER 00 OS p Eriv Site/Poll cPL12456119 05/01/2018 05/01/2019 Each LOSS s5,000,006 Pollution Aggregate $5,000,000 Limit O U U O O a� Gi E i ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks ofACORD Packet Pg. 1705 F.30.b I I AGENCY CUSTOMER ID: 570000021966 I LOC#: : - ADD ITIONlAL REMARKS SCHEDULE Page _ of "AGENCY —`.-. _ ,.. ---_-:".. _ _.. .. ... NAMED INSURED - " Aon Risk services Southwest, Inc. Wood Group USA, inc. POLICY NUMBER see certificate- Number: 5T0072104192 CARRIER ._- NAICCODE .__. ------ see Certificate Number: 570072104192 EFFECTIVE GATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD"FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate.of Liabii(fy Insurance Additional Named insured& FKA Named Insureds: Amec Foster wheeler AmeC Foster wheeler E&I, Inc. AGRA Pipeline Professionals, Inc. AMEC AES CL AMEC Civil, LLC AMEC Construction Management, Inc. AMEC E&I, Inc. 0 AmeC Foster Wheeler AES Inc. (formerly AMEC AES, Inc.) AMEC E&E, P.C. L3 AMEC Earth and Environmental. Inc. 0 AMEC Engineering and Consulting of Michigan, Inc. 0 AMEC Environment & Infrastructure, Inc. Amec Foster Wheeler USA Corporation a AmeC Foster wheeler Programs Inc. Amec Foster Wheeler Constructors, Inc. 0 Amec Foster wheeler E&C Services, Inc. (formerly AMEC E7C services, Inc.) Amec Foster wheeler E&I, Inc. Amec Foster wheeler industrial Power Company, Inc. AMEC Massachusetts, Inc. 0 AmeC Foster wheeler Martinez Inc. Amec Foster wheeler North America Corp Amec Foster wheeler ventures, Inc. (formerly National ventures, Inc.) AMEC NNC USA, Inc. AMEC Nuclear USA Inc. AMEC offshore, Inc. Amec Foster Wheeler Oil and Gas, Inc. (formerly AMEC Oil & Gas, Inc.) 00 AMEC Paragon Inc. AMEC PLC AMEC Technologies, Inc. Cj AmeC Foster Wheeler USA Corporation AMEC USA Holding, Inc, Foster wheeler Intercontinental Corporation OEST Associates, Inc. Amec Foster wheeler Kamtech, Inc. (formerly AMEC Kamtech, Inc.) MACTEC Engineering and Consulting, P.C. North American shared services (NASS) U QED International LLC Rider Hunt International USA, Inc. .Terra Nova Technologies, Inc. (TNT) Oil & Gas Us, Central & south America c5 0 x Wood Group USA, Inc. UU Wood Group Alaska, Inc. Wood Group PSN, Inc. 0 Altablue, Inc. cape software, Inc. BMA Solutions, Inc. Global Performance, LLC .John wood Group PLC 0 RWG (Repair & Overhauls) USA, Inc. SgurrEnergy, Inc. 'Ingenious, Inc. Mustang Process and Industrial Mustang International, LP Mitchell's oil Field services, Inc. C.E.C. Controls Company, Inc. wood Environment & Infrastructure solutions Inc. wood E&IS, Inc. ACORp 101(me 01) �O2008'ACORD,CORP.ORATION AR Mghts:reserved: The ACORD name and logo are registered marks of ACORD Packet Pg. 1706 F.30.b I AGENCY CUSTOMER ID: 5 70 00002 1966 LOC#: ADDITIONAL REMARKS .SCHEDULE Page _ of _ AGENCY ---. __., ... _.. -. _ _=. NAMED INSURED Aon Risk Services southwest, Inc. Wood Group USA, Inc. POLICY NUMBER see Certificate Number: 57QO72104192 CARRIER NAIC CODE See certT fi cats Number: 570072104192 EFFECTIVE DATE: ADDITIONAL REMARKS _ . ...__ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Named Insured & FKA Formerly Known As: AMEC Foster Wheeler Environment & Infrastructure, inc.(formerly AMEC Environmernt & Infrastructure, Inc.) Wood Group Mustang, Inc. Wood Group Kenny, Inc. Wood Group Management services, Inc. ODL, Inc i400d Group ;Production and Consulting services, -Inc. k100d Group PSN Cotnmissioning S rV7ces.; Inc. flood Group PSN Lease-Ma l tenance & COflstrUCti"on, LLC O DSI`.geepwater Specia11Sts, Inc. ' Caliber sdrvices, :LP infi"n'Ity COnstlUGtiOn -SerVltes,. L OP O In fin ity.Main ce tenan Service's`, :LP united Electrical' & f trumentation,. ;'ttl. Brazos ME Ltd. Elkhorn"Holdi"ngs, Inc. Elkhorn Construction, Inc. Elkhorn Pipeline services HOAD Prosafe Dynamic services E U) 00 C®1 U O U U x ULI O a� E U CORQ 901(2000f01j- -. _ P*40Q8 AP0RWXRJPoR"0N.:AII rig is The ACORD name and logo are registered marks of ACORD Packet Pg. 1707