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01/21/2022 Agreement Kevin Madok, cpA N �3 „,.;.. . �� Clerk of the Circuit Court& Comptroller- Monroe County, Florida DATE: January 28, 2022 TO: Rlionda 11aag Chief Resilience (}Nicer Liz Yongue Executive Assistant FROM: Pmucla G. Hancock, D.C. SLTBJECT: January 21" BOCC Meeting Attaclied is an electronic copy of the Iollomng item for your handling: P10 $0 Contract NVItli Wood Emironnient & Infrastructure Solutions, Inc. for ()n Call Professional Engineering Semces for the Canal Restoration Programs for the Category A - Canal Master Plan Program Planning Senices. Sliould you lia%,e any questions please 1'Cel Free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY A CANAL MASTERPLANNING BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. This Agreement ("Agreement") made and entered into this 21 st day of January , 2021 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Suite 205, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC") and WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. ("CONSULTANT"), whose address is 16250 NW 59th Ave., Suite 206, Miami Lakes FL 33014 its successors and assigns, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for Category A canal master planning Projects located in Monroe County,Florida and; WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $4,000,000.00, or study activity if the fee for professional services for each individual study under the contract does not exceed$500,000, or for work of a specified nature as outlined in the contract required by the agency, and; WHEREAS, the professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period, and; WHEREAS, specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule,charges and payment conditions,and additional terms and conditions that are applicable to such Task Orders, and; WHEREAS, 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, and; WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described, and; NOW, THEREFORE,in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: -1- ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the potential Project sites and the local conditions under which the Work is to be completed. 1.1.3 In providing services under this Contract, the CONSULTANT shall perform its services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality.Upon notice to the CONSULTANT and by mutual agreement between the parties, the CONSULTANT will, without additional compensation, correct those services not meeting such a standard 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. -2- CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the Task Orders to be issued. CONSULTANT shall provide the scope of services in the task orders for the COUNTY. CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONSULTANT shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. CONSULTANT shall provide services using the following standards, as a minimum requirement: A. The CONSULTANT shall maintain adequate staffing levels to provide the services required under the Agreement resulting from the RFQ process. B. The personnel shall not be employees of or have any contractual relationship with the COUNTY. To the extent that CONSULTANT uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with COUNTY. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. 2.2 CORRECTION OF ERRORS,OMISSIONS,DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its sub-consultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Rhonda Haag Director of Sustainability and Projects Monroe County 102050 Overseas Highway, Room 246 Key Largo, FL 33037 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West,Florida 33040 For the Consultant: Mr. Greg Corning Florida Civil Design Team Lead Wood Environmental and Infrastructure Solutions, Inc. 16250 NW 59th Ave., Suite 206 Miami Lakes FL 33014 -3- 2.4 TERM. This Agreement shall commence as of the Effective Date and shall run for a term of four(4) years, unless otherwise terminated in accordance with the provisions of this Agreement. At the election of the COUNTY, this Agreement may be extended for one(1) additional year. ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its sub-consultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. -4- 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners,its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain 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 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 claims or action on the COUNTY'S behalf. 5.3 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.4 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Greg Corning Florida Civil Design Team Lead-Project Manager Ricardo Fraxedas Chief Engineer Christine Mehle Water& Infrastructure Service Line Lead So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. -5- 6.2 FLORIDA STATUTES SECTION 448.095: E-VERIFY As required by Section 448.095, the CONSULTANT shall register and use the federal e-Verify system to ensure the work status of all employees hired on or after I/l/2021. By entering into this Agreement, the CONSULTANT confirms that it will comply with Section 448.095, and will register and use the e- Verify system, and that if the CONSULTANT enters into any agreements with subcontractors, the CONSULTANT will ensure that the subcontractor provides an affidavit to the CONSULTANT stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. This Agreement is terminable by the COUNTY in accordance with the terms of F.S. 448.095 for violation of the statute and these provisions. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and 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, Section218.70,Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061,Florida Statutes; -6- b. C o s t of reproducing maps or drawings or other materials used in performing the scope of services; and c. Postage and handling of reports. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive,and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease,policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00)annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any -7- covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or sub-consultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00)per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its sub-consultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for sub-consultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. In the event that COUNTY makes use of said documents on a project or projects not covered under this Contract, without CONSULTANT'S express written consent, such use shall be at the sole discretion,liability, and risk of the COUNTY." -g- 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Agreement as a part of this Agreement, Lilcludijima Akitactrunci,it A, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133,Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, -9- based on an audit,that it or any sub-consultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or sub-consultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater.Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW,VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the Sixteenth Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this -10- Agreement,the prevailing party shall be entitled to reasonable attorney's fees, court costs,investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate,to the extent required by the other party, in all proceedings,hearings,processes,meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment -11- of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 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 11,¶C, agrees as follows: (a)The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (b) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (c) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONSULTANT's legal duty to furnish information. (d) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Consultant's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e)The CONSULTANT will comply with all provisions of Executive Order 11246 of September -12- 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (f) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (g)In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any of such rules,regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The CONSULTANT will include the portion of the sentence immediately preceding sub- paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,Florida Statutes,regarding,but not limited to, solicitation or acceptance of gifts;doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision,the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. -13- 9.21 PUBLIC RECORDS COMPLIANCE. Consultant must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Consultant. Failure of the Consultant to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost,to the County all public records in possession of the Consultant or keep and maintain public records that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. -14- IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIANna,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers,or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. -15- Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.39 PURSUANT TO SECTION 5 5 8.003 5, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Section 32. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent Consultant the CONSULTANT shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. Section 33. COMPLETENESS OF WORK. The CONSULTANT shall be responsible for the completeness and accuracy of its work, plan, supporting data,and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONSULTANT and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONSULTANT. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONSULTANT agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in -16- this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONSULTANT to complete the work schedule. Such an agreement shall be made between the parties. Section 34. FEDERAL REQUIRED CONTRACT PROVISIONS The CONSULTANT and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix 11 to Part 200, as amended, including but not limited to: 34.1 Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387) as amended. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). The Clean Air Act(42 U.S.C. §§7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. 34.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141- 3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation b-e re i 4 i4, " -+n &t- The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland"Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. a. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these -17- contract clauses. C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Consultant and subcontractor as provided in 29 C.F.R. § 5.12. 34.3. Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 34.5 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement' under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 34.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220)must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p. 235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 34.7 Byrd Anti-Lobbying Amendment(31 U.S.C. §1352). Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 34.8 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of -18- the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1)In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired; (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline- cpg-program. 34.9 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§ 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system.As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 34.10 Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and CONSULTANT should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. OTHER FEDERAL AND FEMA REQUIREMENTS (if applicable) 34.11 Americans with Disabilities Act of 1990 (ADA), as amended. The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. -19- 34.12 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race,color,national origin or sex in the award and performance of contracts,entered pursuant to this Agreement. 34.13 2 C.F.R. §200.321 - CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS: a. If the CONSULTANT,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime Consultant, if subcontractors are to be let, to take the affirmative steps listed in paragraph(i) through vi) of this section. 34.14 E-Verify. The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant 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 verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 34.15 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and -20- maintain appropriate backup documentation to support the reports. 34.16 DHS Seal, Logo, and Flags. Consultant shall not use the Department of Homeland Security seal(s),logos,crests,or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 34.17 Changes to Contract. The Consultant understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Consultant. 34.18 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Consultant will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 34.19 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, Consultant, or any other party pertaining to any matter resulting from the contract. 34.20 Program Fraud and False or Fraudulent Statements or Related Acts. The Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this contract. 34.21 (In the event of FDEM funding) The Consultant is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County web page: https://www.monroecounty-fl.gov/fdemgrantagreement 34.22 (In the event of FDEM funding) The Consultant shall hold the Division and County harmless against all claims of whatever nature arising out of the Consultant's performance of work under this Agreement, to the extent allowed and required by law. -21- rt, SS' EREOF,each caused s Agreement to be executed its duly authorized s tqtjvoe day and year first above written. BOARD OF COUNTY COMMISSIONERS ok, Clerk OF MONROE COUNTY,FLORIDA By. By: As Deputy Clerk ay / a' Date: 1 .-- ( eal) WOOD ENVIRONMENTAL & INFRASTRUCTURETIINC. Attest: BY: NII By:— Title: Florida Civil Design Team LeadTitle: Florida ODeration Office Mangger—Vice President END OF AGREEMENT Approved as to forrn and legal sufficiency: Monroe County Attorney's Office Assistant County Attorney 1-3-2022 � - 2- ATTACHMENT A CONSULTANT RATES I. Personnel A. Professional (Engineer,Geologist, Scientist and Project Management) Staff I $78.00/hour Staff 11 $85.00/hour Staff III $95.00/hour Senior I $120.00/hour Senior 11/ Project Manager $155.00/hour Associate $171.00/hour Principal $213.00/hour B. Technical Services(Engineering and Science) Technician I $50.00/hour Technician 11 $61.00/hour Senior Technician I $66.00/hour Senior Technician 11 $77.00/hour Technical Writer/Document Production $ 86.00/hour CADD/Draftsperson (includes PC/CAD) I $72.00/hour CADD/Draftsperson (includes PC/CAD) 11 $111.00/hour Admin I $44.00/hour Admin 11 $57.00/hour C. Surveying Services Field Surveyor I $47.00/hour Field Surveyor 11 $52.00/hour Survey Technician I $73.00/hour Survey Technician 11 $79.00/hour Survey Chief $83.00/hour D. Contract Labor From time to time, Wood retains outside Professional and Technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at 10% markup. II. Subcontract Subcontract services will be invoiced at a cost multiplied by 1.15 -23- 1 - � u ,p e r � V 4-; t ,, sr - 1 S � Request for Qualifications for On Call Professional Engineering Services for the �r Canal Restoration and Resilience Programs Category A. Canal Master Planning Tab 6: County Forms The following RFQ-required forms and attachments are provided in this tab: ..1 Z cr • Response Form • Evidence of Authority to Sign Response • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit �. • Drug Free Workplace Form ti • Respondent's Insurance and Indemnification Statement • Insurance Agent's Statement Certificate of Insurance • w • Vendor Certification Regarding Scrutinized Companies • Copies of all professional and occupational licenses cr cr u, wood. Request for Qualifications for On Call Professional Engineering Services for the �r Canal Restoration and Resilience Programs Category A. Canal Master Planning RFQ for On Call Professional Engineering Services s, SECTION THREE: RESPONSE FORMS RESPONSE FORM N RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING,ROOM 1-213 1100 SIMONTON STREET Z KEY WEST,FLORIDA 33040 w X I acknowledge receipt of Addenda No. (s) 1 I have included: —� s� X • The Submission Response Form 4�1 X . Lobbying and Conflict of Interest Clause X . Non-Collusion Affidavit X * Drug Free Workplace Form X. Respondent's Insurance and Indemnification Statement X. Insurance Agent's Statement cr X• Vendor Certification Regarding Scrutinized Companies u, X In addition, I have included a current copy of the following professional and occupational licenses: State of Florida Department of State No.F00000004389;sunbiz.org Division of Corporations;Sunbiz 2021 Foreign Profit Corporation Amended Annual Report,DBPR Re ist No.5392 and Qualifier State of Florida Board of Professional Engineers,Christine A.Mehle,No.PE68038);Local Business Tax Receipt,Miami-Dade County,State of Florida (Check mark items above,as a reminder that they are included.) Mailing Address. 16250 N.W.59th Avenue,Suite#206 Telephone: (3051826-5588 Miami Lakes,FL Fax: (305)826-1799 63014 Date: 11/30/21 Signed. Witness. Christine Mehle,PE,CFM,ENV SP �AL (Name) '" Principal-in-Charge/Water and Infrastructure Service Line Lead (Title) -40- . Request for Qualifications for On Call Professional Engineering Services for the Ott Canal Restoration and Resilience Programs Category A. Canal Master Planning wood. NJ Novernber 30,2021 Monroe County Purchasing Department Gato Building,Room 1-213 �I 1100 Simonton Street Key West,FL 33040 W Subject: Signature Authority for Monroe County Submittal,On Call Professional Engineering Services for the Canal Restoration and Resilience Programs You requested documentation of signature authority within Wood Environment&Infrastructure Solutions,Inc.forthe subject services listed above.In response,I provide the below table of generic delegated contractual authorities for your reference. 4�1 These authorities apply to Federal,State,or Local Government entities. Please be advised that Christine Mehle,PE,CFM,ENV SP,Water and Infrastructure Service Line Lead,has Service Line Lead authority to sign on behalf of Wood Environment&infrastructure Solutions,Inc. As an officer of Wood Environment&Infrastructure Solutions,Inc.,I can verify that the limits outlined in the table below are U-1 valid for your use: Terms&Conditions of Contract do not Terms&Conditions of Contract do comply with CPP mandatory terms, comply with CPP mandatory terms, ` Managerial Level Reimbursable Lump Sum or other Reimbursable Lump Sum or other ` contracts high-risk contracts contracts high-risk contracts Service Line Lead None None $500,000 $250,000 Operations Manager None None $1,000,000 $500,000 Region Manager None None $5,000,000 $2,000,000 Group Manager None None $15,000,000 $5,000,000 Operational President None None $25,000,000 $10,000,000 CEO $350,000,000 $50,000,000 $350,000,000 $50,000,000 Please do not hesitate to contact me at(678)230-6159 or david.goersheI@woodplc.com should you have any questions. Regards, D�7avid B. �a r�Jh l Digitally signed by©avidB.Goershel r)ate=2021-11.04i14:12:17-04'00' David B.Goershel,PG,PMP President—East US Operations 'Woad''re a trading name for Jahn W-1 Gmup PLC and its suhsidlaries wood. Request for Qualifications for On Call Professional Engineering Services for the �r Canal Restoration and Resilience Programs Category A. Canal Master Planning RFQ for On Call Professional Engineering Services s, V LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ti ETHICS CLAUSE w Wood Environment&Infrastructure Solutions,Inc. " (Company) warrants that helit has not employed, retained or otherwise had act on hislits 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 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". c 2a�Ea U-1 (Signature) Date: 11/30/21 STATE OF: Florida COUNTY OF: Hillsborough Subscribed and sworn to(or affirmed)before me on Novernber 30,2021 (date)by Christine Mehle (name of affiant). He/She is personally known to me or has produced ytersonn7lly k oml to r-ne as identification. (type of identification) `a r re NOTAI�Y PUBLIC ✓ n� •a& a ,.. My commission expires: March 20,?C1a -41- • Request for Qualifications for On Call Professional Engineering Services for the �r Canal Restoration and Resilience Programs Category A. Canal Master Planning RFC for Dn Cali ProfessionaI Engineering Services s, NON-COLLUSION AFFIDAVIT I, Christine Mehle, PE,CFM,ENV 5P of the city of Tampa_ according to law on my oath,and under penalty of perjury,depose and say that: `I. lam Pri-iP l-ip- ,haEgcWater aad Iafw51wUuce Service Line Lead � N of the firm of Wood Environment&infrastructure Solutions.Inc, the bidder making the Proposal for the project described in the request for Qualifications for. On Call Prufassional Engineering services for the Canal Restoration and Resilience Programs � and that I executed the said proposal with full authority to do so: w 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 relating to such prices with any other Kidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have (73 not been knowingly disclosed by the bidder and will not knowingly be disciosed by the 'p bidder prior to laid opening, directly or indirectly, to any other bidder or to any competitor;and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit,a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct,and made with full U" knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 111'3t}1'�t (Signature of Respondent) (pate) STATE OF: Florida COUNTY OF: Hlitlsbamugh PERSONALLY APPEARED BEFORE ME,the undersigned authority, _hlis line tyl lI who, after first being sworn by me, (name of individual signing) affixed hisJher signature in the space provided above on this 0 day of Wwc�mher 20 ar ,... NoTA Y PUBLIC u: My Commission Expires. vlarch 20,110 . -42- • Request for Qualifications for On Call Professional Engineering Services for the �r r Canal Restoration and Resilience Programs Category A. Canal Master Planning RFQ for On Call Professional Engineering Services s, DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Woad Environment&Infrastructure Solutions,Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture,distribution,dispensing, ru 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. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee cr assistance programs, and the penalties that may be imposed upon employees for drug abuse Uj violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). rj 4. In the statement specified in subsection(1), notifies the employees that,as a condition of working 'p on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. u-1 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature 11/3d/21 Date G NOTARY PUBLIC ?t4in COWSWA0V3 rim aa„ My Commission Expires: March 2a,21123 -43- • Request for Qualifications for On Call Professional Engineering Services for the ter Canal Restoration and Resilience Programs Category A. Canal Master Planning RFQ for Can Call Professional Engineering Services s, Rcspond nt"s Insurance anti Indemnification Statement Insurance Reguorement Required Limits y s� Worker's Compensation Statutory Limits � N Employer's Liability $1,000,000/$1,Ooo,000/$1,0 c},000 General Liability $1,000.000 Combined Single Limit y s� Vehicle Liability $1,000,000 Combined Single Limit per L- w Occurrenoef$1,000,000 Aggregate Professional Liability $1,00 ,000 per occurrence $2,000,000 aggregate � s� IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUDCONSULTAN7S The CONSULTANT covenants and agrees to Indemnify and hold harmless C UNTY/Monfoe County and Monroe County Board of County Comm rssl one rs, Its officers and employees from liabilities damages fosses and casts Including but not limited to, reasonable attorneys'fees to the extent caused by the negligence,. � recklessness or intentional wrongful conduct of the CONSULTANT, sul contractors) and other persons "' employed or utilized by the CONSULTANT in the performance of the contract In the event that the completion of the project(to Include the work of gathers) 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. Should any claims be asserted against the COUNTY by virtue of any deficiency or amblgulty in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and 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($10 ldo)of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability Is in no way limited to, reduced, or lessened by the Insurance requirements contained elsewhere within this agreement This Indemnification shall survive the expiration or earlier termination of the Agreement RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements f -Wood Environment& Infrastructure Solution,Inc Respondent Signature Bradley.! Knight, Vim President Legal wood. Request for Qualifications for On Call Professional Engineering Services for the �r Canal Restoration and Resilience Programs Category A. Canal Master Planning RFQ for On Call Professional Engineering Services � r3 V IMS�NCg AGENTS MTEMEN I have reviewed the above requirements"th the bidder named below, The following deductibles apply to the corresponding policy, cr ry POLICY DEDUCTIBLES General Liability NIL. Auto Liability NIL Employer's Liability NIL LU workers Compensation NIL Professional Liability (claims mane) confidential Liability policies are Occurrence Claims{glade Anti Risk Servic(+s J f W Insurance Agency Signature U" Print Marne. lennifer Williams --4 wood. Request for Qualifications for On Call Professional Engineering Services for the �r Canal Restoration and Resilience Programs Category A. Canal Master Planning z VENDOR f'ERTII+'IC'ATION RIjGARI)I_NG SCUD I'INI 'ED C'Clll PANIFS LISTS � V I'rnjcct Description(s)• On Call Professional Engineering Services for the Cana[Restoration and Resilience Programs Respondent Vendor Name Wood Environment&Infrastructure Solutions,Inc. VendorFklN. 91-1641772 Vendor's Authorized Representative Name and Title: Christine Mehle,PE,CFM,ENV$?,Principal-in-Charge/Water and ru Infrastructure Service Line Lead rye.Clelress:l6i?54.....CI,W ...th..�4..k F'.t'.ttni ._5 ttt4,' 2-Q6 City: Miami Lakes State: Florida Zip: 33014 Phone Number: (305)826-5588 Lmail Address: christlne.n�voodplc.com w Section 287.135,Florida Slatutc,,prohibits a company from bidding on.submitting a proposal for,yr entering into or rcricwing a contract for Goods or services of any amount if,at the;time of contracting or renewal,the company is on the Scrutinized Companies(hat Boycott Israel List,created pursuant to Section 215.4725, � Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes,also prohibits a � company front bidding on,submitting a proposal for,or entering into or renewing a contract for goods or .p services of$1,000,000 or more,that are can either the Scrutinized Companies with:activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215-473,Florida Statutes,or is engaged in business operations in Cuba or Syria- As the person authorized to sign on behalf of Respondent,I hereby certify that the company idcntifi"l above � in the Section cntitic d-1,Wspondcnt Vendor Name"is not listed on the;Setutinrzcd Companies that Boycott u-1 Israel LAst or engaged in a boycott of Israel and for Projects of S1,000.000 or more:is not listed on either the Scnrtinized Companies with activities in Sudan Lis[.,.the Scrutinized Companies with Activities in the Iran. Petroleum Energy Sector List,oi-engaged in bunnes s operations in Cuba or Syria. I understand that pursuant to Section 287.135.Florida Statutes,the submission of a litlse certification may subject company to civil penalties,attorney's fees,an&or costs..I further understand that any contract with the County may he terminated, at the option of the County. if the company is found to have submitted a false certification or has been placed on the Scrutinized C.'ompanics that Boycott Israel List or u-ngagcd in a boycott of Israel or placed on the:Suudmzcd Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the;Iran Petroleum Energy Sector List or been cngagcd in business operations in Cuba or Syria. Certified By:..rrhristin€M.e.h1.e,.PF--U..K._EN_v_5.P who is authorized to sign on behalf of the abovereferenced company- Authorized Signature: v Print Name: Christine Mehle,PE,CFM,ENV 5P Title. Principal-in-ChargelWater and lnfrastruststre SerrAce Une lead Note:The List;are available at the following Department of Management Services Site.: Itltn.� ttiww,drtns,m}l oridar.cont`busins s aesrations%statc purchasing,/vuridor�informationLuonvict"I suspt:-n ded discriminatory complaints vendor lists 46 wood. Request for Qualifications for On Call Professional Engineering Services for the �r Canal Restoration and Resilience Programs Category A. Canal Master Planning z cr V State of Florida Danartment of State I certify from the records of this office that WOOD ENVIRONMENT& i INFRASTRUCTURE SOLUTIONS, INC.is a Nevada corporation authorized to transact business in the State of Florida, qualified on August 3, 2000. `j The document number of this corporation is F00000004389. I further certify that said corporation has paid all fees due this office through December 31, 2021,that its most recent annual report/uniform business report `p was filed on January 4, 2021,and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. cr Ui Given under my wand and the ` Great Seal of flee Strafe of Florida ` atTalhzhawee,the CrepiW,leis flee Foutfh day of January,202I 64 Secretaq of State Tracking Number:2150785084 CU Tu authenticate this certificate,visit the fullowing site,enter this number,and then follow the instructions displayed. http s://services.sunb iz.o rg/Filings/C ertificate OfS tatus/C a rtif icateAuthentication wood. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/18/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Southwest, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 Houston TX Office (A/C.No.Ext): A/C.No.): 5555 San Felipe E-MAIL p Suite 1500 ADDRESS: _ Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: AIG Specialty Insurance Company 26883 7WGUSA Holdings, Inc. INSURERB: American International Group UK Ltd AA1120187 and its subsidiaries and Affiliates 17325 Katy Freeway INSURERC: Zurich American Ins Co 16535 Houston TX 77084 USA INSURER D: ACE American Insurance Company 22667 INSURERE: ACE Fire Underwriters Insurance Co. 20702 INSURER F. COVERAGES CERTIFICATE NUMBER:570087923610 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD I POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY GLO EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR pp oved Risk Management with Attachmen s PREMISES Ea occurrence) $100,000 MED EXP(Any one person) $5,000 /��GL!/Z.LCIi PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 N POLICY ❑X JEROOT ❑LOC 11-1-2021 PRODUCTS-COMP/OPAGG $4,000,000 r 0 OTHER: o D ISA H2555047A 07101120210710112022 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS R HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION D WORKERS COMPENSATION AND WLRC67807674 07101120210710112022 X I PER STATUTE I OTH- EMPLOYERS'LIABILITY ER Y/N Work Comp- ADS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,OOO,OOO E OFFICER/MEMBER EXCLUDED? � NIA sCFC67807716 07/01/2021 07/01/2022 (Mandatory in NH) Work Comp- WI E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000-_ B Archit&Eng Prof PSDEF2100726 07/01/2021 07/01/2022 Aggreagate Limit $5,000,000— claims Made- Prof. Liab. Any One Claim $5,000,000 SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ~ see attached addendum for Additional Named Insured Wood Companies. RE: Agreement for On Call Professional Engineering Services for Category A Canal Infrastructure Engineering Services. Monroe County, its successors and assigns are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. W 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. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA y `rx ��'J� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. ]wGUSA Holdings, Inc. POLICY NUMBER see Certificate Number: 570087923610 CARRIER NAIC CODE see Certificate Number: 570087923610 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY NUMBER POLICY POLICY LIMITS w LTR TYPE OF INSURANCE INSD VD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) OTHER A Env contr Poll CPL12456119 07/01/2021 07/01/2022 Aggregate $5,000,000 claims Made- Poll. Liab. Limit SIR applies per policy to ms & conditions Per Loss $5,000,000 Limit ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000021966 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. JINGUSA Holdings, Inc. POLICY NUMBER see Certificate Number: 570087923610 CARRIER NAIC CODE see Certificate Number: 570087923610 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 JINGUSA Holdings, Inc. wood Group USA, Inc. wood Environment & Infrastructure solutions, Inc. AMEC Construction Management, Inc. AMEC E&E, P.C. AMEC Engineering and Consulting of Michigan, Inc. Amec Foster wheeler Energia, S.L.U. Amec Foster wheeler Industrial Power Company, Inc. Amec Foster wheeler Kamtech, Inc. Amec Foster wheeler Martinez, Inc. Amec Foster wheeler North America Corp Amec Foster wheeler Power systems, Inc. Amec Foster wheeler USA Corporation Amec Foster wheeler ventures, Inc. BMA solutions, Inc. C E C Controls Company, Inc. Cape software, Inc. Foster wheeler Intercontinental Corporation Ingenious, Inc. John wood Group PLC John wood Group, Inc. Kelchner, Inc. MACTEC Engineering and Consulting, P.C. MACTEC Engineering & Geology, P.C. MASH ventures, Inc. Mustang International , Inc. Rider Hunt International USA, Inc. RING (Repair & overhauls) USA, Inc. swaggart Brothers, Inc. wood Design, LLC wood Group Alaska, LLC wood Group Asset Integrity solutions wood Group PSN, Inc. wood Group UK, Ltd wood Massachusetts, Inc. wood Programs, Inc. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD