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Item N07 N7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: N7 2023-1018 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into Amendment No. 3, a no cost one year renewal, to the on-call contract with Tetra Tech, Inc. for Category B canal infrastructure engineering services, retroactive to April 12, 2022 and extending to April 11, 2023. ITEM BACKGROUND: The item is to approve a one year extension to the Contract to allow for a project close-out to occur, from April 12, 2022 to April 11, 2 02 3, at which time the Contract shall terminate. PREVIOUS RELEVANT BOCC ACTION: 08/17/16: Approval to advertise on call professional engineering services for the canal restoration program, including Category A—Canal Master Plan Program Planning Services, Category B—Canal Infrastructure Engineering Services for Projects and Category C—Environmental Engineering Services. 12/14/16: Approval to negotiate on-call contracts with Amec Foster Wheeler, Inc. and Tetra Tech Inc, the two highest ranked respondents for Category B - canal infrastructure engineering services. 04/12/17: Approval to enter into a$0 on-call contract with Tetra Tech, Inc. for Category B canal infrastructure engineering services. 08/21/19: Approval to enter into a $0 Amendment No. 1 to the on-call contract with Tetra Tech, Inc. for Category B canal infrastructure engineering services to include the contract provisions required for federal grant work. 04/21/21: Approval to enter into a no-cost one year renewal under Amendment No. 2 to the on-call contract with Tetra Tech, Inc. for Category B canal infrastructure engineering services to extend the termination date to April 11, 2022. CONTRACT/AGREEMENT CHANGES: One year extension. 3496 STAFF RECOMMENDATION: Approval DOCUMENTATION: 2023-05-23_Canal 90 Contract Renewal- signed by vendor.pdf Tetra Tech Cat B Canal COI approved.pdf Tetra Tech 04-12-2017 Fully Executed Contract Cate B.pdf FINANCIAL IMPACT: Effective Date: April 12, 2022 Expiration Date: April 10, 2023 Total Dollar Value of Amendment: $0 Total Cost to County: $0 Current Year Portion: $0 Budgeted: N/A Source of Funds: N/A CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: $0 Revenue Producing: No If yes, amount: N/A Grant: No County Match: No Insurance Required: Yes Additional Details: 3497 00 M AMENDMENT NO. 3 TO THE AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY B CANAL INFRASTRUCTURE ENGINEERING SERVICES BETWEEN MONROE COUNTY AND TETRA TECH, INC. THIS AMENDMENT NO. 3, dated June 21 st, 2023, is entered into between the County and the CONSULTANT, to the Contract For On Call Professional Engineering Services For Category B Canal Infrastructure Engineering Services, dated the 12"' day of April, 2017, as amended August 21, 2019 and April 21, 202 t ("Contract") by and between Monroe County Board of County Commissioners, "COUNTY," and Tetra Tech Inc., CONSULTANT". WITNESSETH: WHEREAS, the CONSULTANT has performed professional services under the requirements of this Contract and in response to Task Order#2 issued by the County on November 12, 2021, for certain professional services in conjunction with a backfilling restoration project on Canal #90; and WHEREAS, the CONSULTANT and has requested an extension to allow for closeout of an outstanding project; and WHEREAS, the COUNTY agrees to extend the Contract one year; and WHEREAS, the CONSULTANT agrees to continue providing services through the renewal period. NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: Section 1. Article 1.1 TERM OF AGREEMENT is amended to read as follows: 1.1 TERM OF AGREEMENT The Contract is extended by one year from April 12, 2022 to April 11, 2023, at which time the Contract shall terminate. Page I of Amendment No.2 Section 2. Task Order. Article 1.1 of Task Order #2, Terms of Agreement, is revised and replaced with the following: "This Task Order is effective on October 20, 2021 and shall expire April 11, 2023." Section 3. Except as noted above, the terms and conditions of the Contract and Task Order #2 remain unchanged and in full force and effect. IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 3 to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date: TETRA TECH, INC. By: Print name: Title: Date: STATE OF: COUNTY Subscribed and sworn to (or- armed) before me, by means of I physical presence or 0 online notarization, on 1 -3 A.L d -.(date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. 2 TARY PUBLIC A, Approved as to form and legal sufficiency: ...... .... M"OSE WSOGM Monroe County Attorneys Office WCOMWOMN334094 5 EXPRES.DMwbw 23,2025 -23-2023 . ..........I....... Page 2 of Amendment No.2 DATE(MM/DD/YYYY) AID G' CERTIFICATE OF LIABILITY INSURANCE I 09,27,2022 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 w 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 AOn Risk insurance Services west, Inc. PHONE FAX i Los An el es CA Office (A/C.No.Ext): (866) 283-7122 (A/C No.): (800) 363-0105 707 Wilshire Boulevard E-MAIL c Suite 2600 ADDRESS: _ Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins CO 16535 Tetra Tech, Inc. INSURER B: American international Group UK Ltd AA1120187 3475 E Foothill Boulevard Pasadena CA 91107-6024 USA INSURERC: Allied world Surplus Lines insurance Co 24319 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570095595746 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 POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y GLo181740604 1010112022 1010112023 EACH OCCURRENCE $2,000,000 DAMAGE TF CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence $1,000,000 X X,C,U Coverage APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $10,000 . ^.tC"' PERSONAL&ADV INJURY $2,000,000 � GEML AGGREGATE LIMIT APPLIES PER: DATE 10/Z5/2025 GENERAL AGGREGATE $4,000,000 rn POLICY X PRO- X LOC _ _ PRODUCTS-COMP/OP AGO $4,000,000 m u JECT WAIVER N/A YES 0) 0 OTHER: o A Y BAP 1857085 04 10/Ol/2022 10/01/2023 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $S,OOO,OOO Ea accident X ANYAUTO BODILY INJURY(Per person) C Z OWNED SCHEDULED BODILY INJURY(Per accident) !V AUTOS ONLY AUTOS (p HI RED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY (Per accident) d B X UMBRELLA LIAB X OCCUR 62785232 10/01/2022 10/01/2023 EACH OCCURRENCE $10,000,000 U EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I X RETENTION$100,000 A WORKERS COMPENSATION AND WC254061604 10/01/2022 10/01/2023 X I PERSTATUTE I JOTH- EMPLOYERS'LIABILITY Y/N AOS ER ANY PROPRIETOR/PARTNER/­Cu E.L.EACH ACCIDENT $1,000,000 A OFFICER/MEMBER EXCLUDED? N/A WC185708704 10/01/2022 10/01/2023 (Mandatory in NH) 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-- C Env Contr Prof 03120276 10/01/2022 10/01/2023 Each Claim $2,000,000 Prof/Poll Liab Aggregate $2,000,000 SIR applies per policy ter s & conditions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: job Description: Agreement for On Call Professional Engineering Services for Category B Canal infrastructure Engineering ■ Services. Monroe County BOCC is included as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies as required by written contract. workers' Compensation applies in Florida. Stop Gap Coverage for the following states: OH, ND, WA, WY. �- .x 1J y 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 insurance Compliance PO BOX 100085 - FXii Duluth GA 30096 USA � Aw. " r� �c/n n.�i�teznc.� atx�ir.�,� nG � ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 3500 Blanket Notification to Others of Cancellation ZURICH or Non-Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 1817406-04 Effective Date: 10/01/2022 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph 13.1. or Paragraph 13.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U-GL-1521-13 CW(01/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 3501 D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. SCHEDULE The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following number of days: The total number of days for mailing or delivering with respect to Paragraph B.2. of ** this endorsement is amended to indicate the following number of days: * If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days continues to apply. All other terms and conditions of this policy remain unchanged. U-GL-1521-B CW(01/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 3502 0 Blanket Notification to Others of Cancellation ZURICW or Non-Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 1857085-04 10/01/2022 10/01/2023 75272000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW(01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 3503 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 POI ICY NUMRFR-WC 2 5 4 0 616—0 4 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC000313 (Ed. 4-84) 1983 National Council on Compensation Insurance. 3504 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 POLICY NUMBFR-WC 2 5 4 0 616—0 4 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be of the California workers' compensation pre-mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/ OR ORGANIZATION WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 1 3505 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B POLICYNUMBER:WC 2540616-04 (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. (❑) Specific Waiver Name of person or organization (®) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: WC420304B (Ed. 6-14) Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. 3506 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 43 03 05 POLICY NUMBER:WC 2 5 4 0 616—0 4 (Ed. 7-00) UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 43 03 05 (Ed. 7-00) 0 2000 National Council on Compensation Insurance,Inc. 3507 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 POLICYNUMBER:WC 2540616-04 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company WC 99 06 43 Page 1 of 1 (Ed.01-13) Includes copyright material of the National Council on Compensation Insurance, Inc.used with its permission. OO 2012 Copyright National Council on Compensation Insurance, Inc.All Rights Reserved. 3508 COUP}* °. Kevin Madok, cpA Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: May 2, 2017 TO: Rhonda Ilaag. Sustainability Coordinator County Administrator's Office FROM: Panicla G. Hanco •k, .C. SUBJECT: April 12th 110C'C Meeting Enclosed is a duplicate original ol'Itcm L2, $0 on-call contract with Tetra Tech, Inc. for Category B Canal Infrastructure Engineering Services, for your handling. Should you have any questions, please lccl lice to contact me at ext. 3130. 'Thank you. cc: County Attorney cleclroilic•coPy Finance electronic•copy 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 RV70 305-294-4641 305-289-6027 305-852-7145 305-852-7145 3509 AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY B CANAL INFRASTRUCTURE ENGINEERING SERVICES This Agreement ("Agreement") made and entered into this 12 1h day of April, 2017 by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and TETRA TECH, INC., its successors and assigns, a corporation of the State of Delaware, whose address is 759 South Federal Highway, Suite 314, Stuart, FL 34994, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various potential County Canal Restoration Projects located in Monroe County, Florida; and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed$2,000,000; and WHEREAS,the potential professional services to be implemented under this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter,with options for the County to renew for one additional I 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 WHEREAS, the CONSULTANT shall provide Category B - comprehensive engineering consulting services to further the County's Canal Infrastructure Engineering Services for the Canal Restoration Program. Such consulting may include, but not be limited to, performing studies, engineering studies, engineering design services for canal restoration construction projects, including design, surveying, drafting, preparing specifications and solicitation/contract documents, sediment and water quality studies, hydrologic, geotechnical investigations, permitting, assisting with review of contractor proposals or bids, comprehensive project management services, construction engineering and inspection services or similar services to assist the County in expanding its Canal Restoration Program, outreach services, and arrangement of access agreements; and Page 11 3510 WHEREAS,there is no minimum amount of work guaranteed by the COUNTY. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 TERM OF AGREEMENT 1.1 Except as noted below, this Agreement shall begin on the 12 th day of April, 2017 and extend for a period of four (4) years to April 11, 2021. A one year extension may be authorized at the option of the COUNTY. 1.2 REPRESENTATIONS By executing this Agreement, CONSULTANT makes the following express representations to the COUNTY: 1.2.1 The CONSULTANT shall maintain all necessary professional licenses, pen-nits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.2.2 The CONSULTANT has become familiar with the potential Project sites and the local conditions under which the Work is to be completed. 1.2.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. In providing services under this Contract, the CONSULTANT shall perform its services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Upon notice to the CONSULTANT and by mutual agreement between the parties, the CONSULTANT will, without additional compensation, correct those services not meeting such a standard; 1.2.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.2.5 The CONSULTANT'S services shall be performed as expeditiously as is 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. Page 2 3511 1.2.6 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. 1.2.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE 11 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. 2.2 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: For the County: Ms. Rhonda Haag Director of Sustainability and Projects 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. Gerardo Contreras And: Mr. Brian Proctor 759 South Federal Highway, Suite 314 Stuart, FL 34994 Page 13 3512 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 and 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. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. Page 4 3513 ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT s h a I I indemnify and hold harmless COUNTY and its officers and employees from liabilities, damages, losses and costs to third parties, 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. In no event shall the negligent, reckless or intentional wrongful conduct of the COUNTY, its officers, employees or other persons employed or utilized by the COUNTY be indemnified by CONSULTANT. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 5.3 To the extent 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 documented increased expenses resulting from such delays. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive for a period of one (1) year following 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 Brian Proctor Principle-In-Charge Richard Czlapinski, PE Senior Consultant I Brian Watson, PE Senior Consultant I Stuart McGahee, PE Engineering Manager 11 Gerardo Contreras, PE Senior Engineering Staff III Rebecca Serra, PE Senior Engineer Staff 11 Jesse Davis, PE Engineer Staff VIII Francisco Martinez, EIT Engineer Staff V Patrick Zuloaga Senior Scientist I Marcy Frick, REM Staff Scientist VIII Lisa Canty Staff Scientist VI Kelly Gracie Staff Scientist(Outreach) III Page 15 3514 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. 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 218.70,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 as 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 Monroe County Code Section. 2-106 through 2-117 for travel, per diem, meals and mileage. Other travel expenses shall be paid in accordance with Section 112.061, Florida Statutes. Travel time charges shall not begin until the employee reaches mile marker 106 if coming from outside of Monroe County, and shall not be charged if the employee resides within Monroe County b. C o s t of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports. 3515 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. To the extent 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 documented 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 to the extent arising out of any covered act or omission of the CONSULTANT or any of its employees or agents, 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 Page 7 3516 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 12 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. Unless otherwise agreed to by the parties, 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 including those naming the COUNTY as an additional insured. 1. 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. J. In no'event shall any coverage provided by CONSULTANT extend to claims caused by the acts, omissions or negligence of the additional insureds. ARTICLE IX MISCELLANEOUS 9.1 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. Page 18 3517 In the event COUNTY makes use of said documents on a project or projects not covered under this Contract, without Consultant's express written consent, said consent not to be unreasonably withheld, such use shall be at the sole discretion, liability and risk of the COUNTY. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. If the COUNTY is not the ultimate beneficiary of the Services or CONTRACTOR's work product is used in such a way as to create or induce any reliance by any third party,the COUNTY represents and warrants(i)that it shall bind its clients and/or such third parties to limitations on and protections against liability "protective provisions" commensurate with those afforded CONTRACTOR hereunder and that such protective provisions are intended to and do in fact inure to the benefit of CONTRACTOR, and/or(1i)that the COUNTY has the power to act on behalf of its clients and/or such third parties and does hereby bind such parties to these protective provisions. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. 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, and Attachment A,and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contracts to provide any goods or services to a public Page 19 3518 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 a 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, 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 CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for ten years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW,VENUE,INTERPRETATION,COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the Sixteenth Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Page 10 3519 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized 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. Page Ill 3520 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. 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 Page 112 3521 employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 9.21 PUBLIC RECORDS COMPLIANCE. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The Contractor shall allow the COUNTY reasonable access to, and inspection of, all documents, records, papers, letters or other "public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, upon request by the County in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this 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. The prevailing party, shall be entitled to reimbursement of all attorney's fees and costs associated with that proceeding as provided for in Section 119.0701(4). This provision shall survive for a period of ten (10) years following termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (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 contractor 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 Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored Page 13 3522 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. If the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. In accordance with Sec. 119.070 1, Florida Statutes: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT (305) 292-3470, Bradley- Brian@MonroeCounty-FL.Gov, 11.11 12 th St. 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 Page 114 3523 apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made during the term 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. 9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement.The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 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. 9.30 PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 9.31 CONSULTANT LIABILITY. Notwithstanding any Article to the contrary contained in the Contract, CONSULTANT'S total liability arising out of or in connection with the Contract or the Services including any for damage to or loss of COLNTY'S property, shall in no event extend beyond one (1) year after completion of the Services in question or exceed the total amount of compensation paid to CONSULTANT hereunder up to the maximum amount of$250,000. The warranties and the Page 15 3524 remedies set forth herein are exclusive. CONSULTANT makes no other warranties, express or implied, with respect to its performance under this Contract. CONSULTANT and its employees shall in no event be liable for any special, indirect or consequential damages arising out of the performance of services hereunder, including specifically but without limitation, loss of profits or revenue, business interruption, loss of or interference with, whether or not by third parties, full or partial use of any equipment, facility or property, including real property, cost of replacement power, energy or product, delay in or failure to perform or to obtain permits or approvals, cost of capital, loss of goodwill, claims of customers, fines or penalties assessed against COUNTY or similar damages. The foregoing shall apply to the fullest extent allowed by law irrespective of whether liability of CONSULTANT is claimed, or found to be based in contract,tort or otherwise (including negligence, warranty, indemnity and strict liability). WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly resentative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS MADOK,Clerk OF MONROE COUNTY,FLORIDA By: By. Deputy Clerk Mayor/Chairman 1 Date: 7 (Seal) TETRA TECH, INC. Attest: BY: By: Brian Proctor Title: Title: VP, Southeast Operations y iv P, C,C 211 OVE ASSISTAWGU.1- 211. Page 16 3525 ATTACHMENT A CONSULTANT RATES TETRA TECH, INC. 2017 Schedule of Hourly Rates CLASSIFICATION RATE Engineers / Scientists / Planners Eng/Sci/Planner Technician $63.00 Eng/Sci/Planner Staff I $70.00 Eng/Sci/Planner Staff II $80.00 Eng/Sci/Planner Staff III $90.00 Eng/Sci/Planner Staff IV $100.00 Eng/Sci/Planner Staff V $110.00 Eng/Sci/Planner Staff VI $120.00 Eng/Sci/Planner Staff VII $130.00 Eng/Sci/Planner Staff VIII $140.00 Eng/Sci/Planner Senior Staff I $160.00 Eng/Sci/Planner Senior Staff II $170.00 Eng/Sci/Planner Senior Staff III $180.00 Eng/Sci/Planner Manager I $190.00 Eng/Sci/Planner Manager II $199.00 Senior Consultant I $215.00 Senior Consultant II $230.00 Principle-In-Charge $265.00 GIS / Designers / Drafters GIS / Design Staff II $82.00 GIS f Design Staff III $97.00 GIS / Design Staff IV $110.00 GIS / Design Staff V $120.00 GIS / Design Staff VI $135.00 GIS / Design Manager I $150.00 Financial Support / Procurement / Administrative Project Support Services I $63.00 Project Support Services II $72.00 Project Support Services III $86.00 Project Support Services IV $97.00 Project Support Services V $107.00 Project Support Services VI $118.00 Project Support Services VII $130.00 Project Support Services VIII $142.00 Project Support Services Manager I $155.00 Project Support Services Manager II $169.00 3526 DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE F 03115/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. 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 REACT Aon Risk Insurance Services West, Inc. NAMP P11 E I PAX. (.C�N (866) 283-7122 IC (850) 363-0105 Cs LOS Anyeles CA office No.Est): A No.: 707 wi shire Boulevard 32 E-MAIL 0 Suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE 14AIC# INSURED INSURER A., Lexington Insurance company 19437 Tetra Tech, Inc. INSURER B: National Union Fire Ins Co of Pittsburgh 19445 759 S. Federal Highway Stuart FL 34994-2936 USA INSURER C: The Insurance Co of the state of PA 19429 INSURER D: American Home Assurance Co. 19380 INSURER E: AIG Europe Limited 1AA1120841 INSURER F; COVERAGES CERTIFICATE NUMBER:570065764144 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 INSR ADDL SUBR POLICY FXP LTR TYPE OF INSURANCE INSO WV O POLICY NUMBER (MWDR= fMMyDDNYYY1 LIMITS B X COMMERCIAL GENERAL LIABILITY GL6051604 10/01/ZU16 10/01/2017 EACH OCCURRENCE $2,000,000 -1 CLAIMS-MADE DAMAGE TO 9MTrffff_ $1,000,000 Fx❑OCCUR PREMISES(Ea occurrence) X X.C,U Coverage MEP EXP(Any one person) $10,000 PERSONAL&ADV INJURY S2,000,006 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY E PRO- F---1 LOC JECT PRODUCTS-COMPIOP AGG $4,000,000 ,D OTHER* B AUTOMOBILE LIABILITY CA 319-45-11 10/01/2016 10/01/2017 COMBINED SINGLE LIMIT U) (Ea accident) S2,000,000 ANY AUTO BODILY INJURY(Per person) 0 z OWNED SCHEDULED BODILY INJURY(Per accident) ro AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED ONLY AUTOS ONLY Per accident) E UMBRELLA LIAB X OCCUR TH1600053 10/01/2016 1010112017 EACH OCCURRENCE $5,000,000 0 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED I X IRETENTION 1.000 - I • WORKERS COMPENSATION AND wcO14629374 1070172016 10/01/2017 X PER 70TH- • EMPLOYERS'LIABILITY YIN wcO14629378 10/01/2016 1010112017 1 STATUTE ER ANY EXECUTIVEPROPRIETOR)PARTNERI EXECUTIVE E.L.EACH ACCIDENT $1,000,000 • OF F CER/MEMBER EXCLUDED? N NIA wc014629379 10/01/2016 1010112017 • (Mandatory in NH) wc014629380 10/01/2016 1010112017 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under D RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Env Contr Prof 028182375 10/01/2015 1010112017 Each Claim $1,000,000 Prof/Poll Liab Agggregate $2,000,000 SIR applies per policy terns & condi ions DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mom space is required) Monroe county is included as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies as required by written contract. Stop Gap coverage for the following states- OH ND, WA, WY. Lr I 1 CERTIFICATE HOLDER CANCELLATION A- 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 AUTHORIZED REPRESENTATIVE Attn: Mr. Roman Gasatesi, Fr. 1100 Simonton Street, Room 2-205 Key West FL 33040 USA 041, @1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 3527