Loading...
10/30/2024 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with. LandDesi n IncaContract 4 Effective Date: upon execution Expiration Date: upon construction completion Contract Purpose/Description: Engineering Design and Permitting Services for Rowell's Waterfront Park Phase II Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Breanne Erickson x4427 Project IMgmt 1 Stop'#1 CONTRACT COSTS Total Dollar Value of Contract: $ 73,415 (NTE) Current Year Portion: $ 73,415.00 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ��&d oiln iliiullr�. ko "Ilwr1110 its S 00 001")00 p ro Ilk ,ry. Budgeted? Yes■❑ No ❑ Grant: $n/a County Match: $ n/a Fund/Cost Center/Spend Cate o : 30 -25005 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES 0 NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Cary Vick Digitally 202i.10.22 Cary Vick Date:20signe b 16:99:4 -04'00' Joseph X. DiNovo Digitally signed by Joseph X.DiNovo County Attorney Signature: Date:2024.102307:1658-04'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date:2024.102309:19:16-04'00' Purchasing Signature: Lisa Abreu Digitally 2024.1e.by Lisa Abreu Date:2024.10.29 09:08:11-04'00' John Quinn Digitally signed by John Quinn OMB Signature: Date:2024.10.29 09:4951-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 AGREEMENT FOR Engineering Design and Permitting Services for Rowell's Waterfront Park Phase II This Agreement ("Agreement") made and entered into this day of , 2024 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 LandDesign, Incorporated, a Professional Corporation of the State of North Carolina, authorized to do business in the State of Florida,whose address is P.O. Box 36959, Charlotte,North Carolina 28236,its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, on May 17, 2017, the COUNTY entered into a Contract Agreement with S & ME, Incorporated for the Engineering Design and Permitting Services for Rowell's Waterfront Park (Pro)ect); and WHEREAS, between the years of 2018 and 2023, the COUNTY and S & ME, Incorporated executed seven amendments to the original Contract Agreement for miscellaneous changes,additions, and revisions to the plans to redevelop Rowell's Waterfront Park.; and WHEREAS, S & ME, Incorporated has undergone significant changes in personnel and services provided over the last few years in which subconsultants were used extensively to continue to provide the services agreed upon in the original Contract Agreement and Amendments; and WHEREAS,the COUNTY has completed Phase I of the Project and is advancing with Phase II of the Project which requires revised engineered drawings, permitting assistance, and construction administration services; and WHEREAS, the COUNTY has elected to terminate the Contract Agreement with S & ME, Incorporated and desires to contract with the CONSULTANT who has performed as a subconsultant to S & ME,Incorporated for the remaining engineering design services in order to complete Phase II of the Project; and WHEREAS, the parties agree that the remaining engineering design services of the project would have been performed by the CONSULTANT pursuant to the Contract Agreement executed by the COUNTY and S & ME, Incorporated in its capacity as a subconsultant to S & ME, Incorporated; and WHEREAS, the CONSULTANT has provided and has agreed to continue to perform engineering services for the design through construction administration of the Project. Page I of 30 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, the COUNTY and the CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, the 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 the CONSULTANT for the Project until the duties of the CONSULTANT hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that it shall be accurate,coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regard to its performance and those directly under its employ. 1.1.5 The services of the CONSULTANT 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 BOCC 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. Page 2 of 30 ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION The Scope of Basic Services of the CONSULTANT shall consist of those described in Attachment A. The CONSULTANT will perform for the COUNTY services as described in Attachment A in accordance with the requirements outlined in this Agreement. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon its receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,return receipt requested, to the following: Cary Vick Director of Project Management 1100 Simonton Street Room 2-216 Key West, Florida 33040 And: Christine Hurley Monroe County Administrator 1100 Simonton Street,Room 2-205 Key West, Florida 33040 And: Monroe County Attorney's Office 1111 121h Street, Suite 408 Key West, Florida 33040 For the Consultant: LandDesign, Inc. 100 S Orange Ave. Suite 200 Orlando, FL 32801 Notice is deemed received by CONSULTANT when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- acceptance of delivery. Page 3 of 30 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 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 behalf of the COUNTY 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 services provided by the CONSULTANT. 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 services performed by the CONSULTANT and the work of the contractors. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the criteria of the COUNTY,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 to which the COUNTY has immediate access will be provided as requested. Page 4 of 30 ARTICLE V INDEMNIFICATION AND HOLD HARMLESS AND DEFENSE 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless 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, subconsultant(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 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 Carrie Read Landscape Architect Jason Rostek Civil Engineer 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. Page 5 of 30 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the performance of this Agreement by the CONSULTANT a Not-to-Exceed Amount of Seventy-Three Thousand, Four-Hundred, Fifteen and 00/100 Dollars ($73,415.00) based on the fee breakdown and hourly rates provided in Attachment B. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act (Section 218.70, Florida Statutes). CONSULTANT shall submit invoices to the County with supporting documentation that is acceptable to the Monroe County Office of Clerk and Comptroller(County Clerk). Acceptability to the County Clerk is based on generally accepted accounting principles and such laws,rules,and regulations as may govern the County Clerk's disbursal of funds. (A) If the duties, obligations and responsibilities of the CONSULTANT 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 the COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The invoice submitted by the CONSULTANT shall describe with reasonable particularity the service rendered. The invoice submitted by the CONSULTANT 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 Allowable reimbursable expenses will be separately identified in each invoice and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes and the Monroe County Code of Ordinances. 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 the Monroe County Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the Monroe County Board of County Commissioners. Page 6 of 30 7.4.2 The performance and obligation to pay by the COUNTY under this Agreement is contingent upon an annual appropriation by the Monroe County 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 failure of the CONSULTANT 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 A: VII 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 thirty (30) 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 The CONSULTANT shall obtain and maintain the following policies: A. Workers'Compensation insurance as required by the State of Florida,sufficient to respond to Chapter 440, Florida Statutes. 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 $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or $300,000 Combined Single Limit 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 covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. An Occurrence Form policy is preferred.If coverage is changed to or provided on a 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$500,000 per occurrence and $1,000,000 aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. The COUNTY shall be named as an additional insured with respect to the liabilities of the CONSULTANT hereunder in insurance coverages identified in Paragraphs C and D. Page 7 of 30 F. The CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above and to any increased limits of the CONSULTANT, if so required by the COUNTY, during the term of this Agreement. The COUNTY will not pay for increased limits of insurance for subconsultants. G. The 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. H. 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 for 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. 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 OR SUSPENSION 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. Page 8 of 30 B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with the CONSULTANT should the CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide the CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured,the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. However, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to the CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY'S False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination,unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONSULTANT shall not exceed the spending cap in this Agreement. In addition,the COUNTY reserves all rights available to recoup monies paid under this Agreement,including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY'S False Claims Ordinance,located at Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Subsection 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the option of(1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Subsection 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met Page 9 of 30 9.6 CONTRACT DOCUMENTS This contract consists of this Agreement,the attachments hereto and any 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 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, the 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, the CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133,Florida Statutes,as a"public entity crime"and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether the CONSULTANT has been placed on the convicted vendor Est. The CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant 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 The 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 seven (7) years from the termination of this agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records-management/general-records- schedules/), 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 (7) years following the termination of this Agreement. Page 10 of 30 Right to Audit Availability ofBecoids.The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy,as well as computer readable data if it can be made available); subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets;correspondence;change order files (including documentation covering negotiated settlements);backcharge logs and supporting documentation;general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the COUNTY or the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in the COUNTY'S or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by the COUNTY'S representative and/or agents of the County Clerk. The COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by the COUNTY or the County Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 53.03, Florida Statutes running from the date the monies were paid to the CONSULTANT. The right to audit provisions survive the termination or expiration of this Agreement. 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, the COUNTY and CONSULTANT agree that venue shall he in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The COUNTY and CONSULTANT agree that,in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 the 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. Page 11 of 30 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and the 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, and court costs, as an award against the non-prevailing party,and shall include attorney's fees, and court costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the 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.Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely,voluntarily and with advice of counsel. 9.14 CLAIMS FOR FEDERAL OR STATE AID The CONSULTANT and the 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. Any conditions imposed as a result of the funding that affect the Agreement will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.17, Paragraph 9.20, Paragraph 9.21 and Paragraph 9.22 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, the COUNTY and the 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. The COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Page 12 of 30 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties 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. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 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 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial 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 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: 1) 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. Page 13 of 30 2) 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. 3) 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. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers'representative of the CONSULTANT'S commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of 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. 7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures 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. Page 14 of 30 8) The CONSULTANT will include the portion of the sentence immediately preceding Paragraph (1) and the provisions of Paragraphs (1) through (7) 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 the CONSULTANT becomes involved in, or is threatened with,litigation with a subconsultant 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 The CONSULTANT and the 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 The 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 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150,Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision,the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract 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 pursuant to Subsection 2-152(b),Monroe County Code of Ordinances. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and the COUNTY warrant that, in respect to themselves, they have neither employed nor retained any company or person, other than a bona fide employee working solely for them, to solicit or secure this Agreement and that they have not paid or Page 15 of 30 agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for them, 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. 9.22 PUBLIC ACCESS. The CONSULTANT and the COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in their possession or under their control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and the COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as "Contractor" for this provision only: Public Records Compliance. The Contractor must comply with Florida public records laws,including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The COUNTY and the Contractor 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 the Contractor 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 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 Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes 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 Page 16 of 30 required by the COUNTY to perform the service.If the Contractor transfers all public records to the COUNTY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the COUNTY, upon request from the COUNTY'S custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY but,if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the Contractor of the request,and the Contractor must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. 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. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIANkMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 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. 9.24 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 Page 17 of 30 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. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES 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. 9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. 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. 9.27 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. 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION The CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by the 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 COUNTY 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. 9.29 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 Page 18 of 30 this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 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. 9.31 Disadvantaged Business Enterprise , BE) Polic3T and Obligation. It is the policy of the COUNTY that DBE's,as defined in 49 C.F.R.Part 26,as amended,shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard,all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 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: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. Page 19 of 30 9.32 E-VERIFY SYSTEM. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONSULTANT and any subconsultant shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subconsultants 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 work authorization status of all new employees hired by the subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subconstruct with an unauthorized alien. The CONSULTANT shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. 9.35 The CONSULTANT shall hold the 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. [signature page to follow] Page 20 of 30 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. MONROE CO i,ii>,Tg d by Christine Christine Hurley H u rl e Date:2024.10.30 Y 12:42:32-04'00' County Administrator or Designee Date N,�IO�rRO �COUNTY"ATTOM'IIW,EY'SOFFICE Printed Name APPROVED AS TO FORM �iS I, rIT 4 N ATTORNEY DATE: I U-16-9094 CONSULTANT- L.A—NDDESIGNN INC. Signature: Name: Chad Kovaleski Title: Partner Date: 10/22/2024 Page 21 of 30 ATTACHMENT A Consultant Scope of Services The following paragraphs describe the scope of work to be provided under this agreement. I. PROJECT MANAGEMENT-NTE PHASE 040 As part of this scope of services, Consultant will manage the project team and the project through project closeout. These services may include: • Monitoring the Project Schedule • Coordination of Construction Document updates and providing bid documents • Scheduling Meetings • Responding to Client Inquiries of the Project Team • Coordination o f Permitting with Monroe County and other agencies including subconsultant coordination, comment responses and hard copy and PDF plan sets. • Invoicing II. PERMITTING ASSISTANCE—CIVIL ENGINEERING—NTE PHASE 041 Consultant shall assist County with the following: Monroe County Construction Plan Revision: Based on the requested Value-Engineered items, Consultant shall revise the previously permitted Rowell's Phase 2 Construction Plans. Upon completion of the revised plans, Consultant shall prepare a Monroe County Site Development application package to be submitted to Monroe County Planning and Building Department for review and approval. It is assumed that two (2) submittals will be needed, including the initial submittal and one (1) Request for Additional Information (RAI) response, prior to the revised permit being issued. Florida Department of Environmental Protection Notice of Intent: Working with the project Contractor, Consultant will prepare the required Florida Department of Environmental Protection (FDEP) Notice of Intent (NOI) for the Contractor to submit. Consultant is not responsible for any permit fees. Any additional permits other than those listed above, or any additional agency resubmittals will be considered out of scope and considered an additional service. III. PERMITTING ASSISTANCE—LANDSCAPE ARCHITECTURE PHASE—NTE PHASE 042 Permitting &Agency Coordination A. Consultant will respond to comments from Monroe County and other permitting agencies by updating plans as required and by providing comment responses for any landscape and irrigation items. B. Consultant will coordinate with reviewers to clarify and coordinate addressing comments as needed. C. Consultant anticipates up to two (2) response to comments. Additional submittals and significant design revisions will be considered an additional service and will be provided on an hourly basis. IV. PERMITTING ASSISTANCE—ARCHITECTURE AND MEP (lump sum) PHASE 900 Services to be provided by subconsultant Bender&Associates. Page 22 of 30 V. CONSTRUCTION ADMINISTRATION—CIVIL ENGINEERING—NTE PHASE 050 Construction Administration Consultant will perform the following during the construction phase of the project: • Attend one (1) virtual pre-construction meeting with the County and the Contractor. • Provide project representation by visiting the site periodically during construction to observe the progress and quality of the construction work to determine if it is proceeding in general accordance with the contract documents. A maximum of three (3) site visits are anticipated, to be attended by one (1) senior staff member. • Provide responses to Requests for Information (RFI's). • Review shop drawing submittals. All submittals will be returned within five (5) business days after receipt from the County for review. • Attend bi-weekly Owner-Architect-Contractor(OAC) calls. • Review and approve contractor applications for payments. Project Close-out Services Consultant will perform the following during the Project Close-out Phase: • Complete a final construction observation visit to determine if the project has been completed in accordance with the Contract Documents. Once the project has been completed in accordance with the Contract Documents, the Consultant will prepare a Certificate of Substantial Completion. • Review Contractor provided as-built drawings for compliance with the permitted plans. As-built drawings will need to be provided in both PDF and CAD format. This phase includes up to 3 rounds of comments to ensure as-built drawings are in compliance with the permitted plans. • Based on final Contractor provided as-built drawings, record drawings shall be prepared. These record drawings shall be submitted to the County and permitting agencies as part of the final certification packages to close-out construction packages. Final certification packages will be sent to: Monroe County, Florida Keys Aqueduct Authority (FKAA) and the Florida Department of Environmental Protection (FDEP). VI. CONSTRUCTION ADMINISTRATION -LANDSCAPE ARCHITECTURE—NTE PHASE 051 Construction Phase Services A. Consultant will review shop drawings for hardscape, landscape and irrigation elements; coordinate contractor questions and RFI responses; perform site visits to observe construction progress; and attend conference calls during construction to coordinate with the contractor. VII. CONSTRUCTION ADMINISTRATION-ARCHITECTURE AND MEP (lump sum) PHASE 910 Services to be provided by subconsultant Bender&Associates. Page 23 of 30 ATTACHMENT B CONSULTANT'S FEES COMPENSATION SUMMARY DESCRIPTION PHASE(S) EE9 Permittina Project Management—Not-to-Exceed 040 $7,500 Permitting Assistance— Not-to-Exceed 041 $12,750 Permitting Assistance— Not-to-Exceed 042 $8,750 Permitting— Lump Sum (Sub Consultant) 900 $4,530 Permitting Total: $33,530.00 Construction Administration Construction Administration— Not-to-Exceed 050 $19,000 Construction Administration— Not-to-Exceed 051 $8,000 Construction Admin.— Lump Sum (Sub Consultant) 910 $12,885 Construction Administration Total: $39,885.00 Grand Total: $73,415.00 Hourly Rates Partner $260 Principal $240 Director $220 Studio Leader $195 Senior Designer II $160 Senior Designer 1 $140 Designer 11 $120 Designer 1 $110 Administrative $100 Page 24 of 30 ATTACHMENT C COUNTYFORMS NON-COLLUSION AFFID"IT 1, Chad Kovaleski of the city Orlando according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am Partner of the firm of LandDesian® Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Rowell's Waterfront Park Phase 11 and that I executed the said proposal with full authority to do so; 2. The prices in this proposal 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 proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The state s in is affidavit are true and correct, and made with full knowl e p 10/22/2024 .01 (Signatur r r (Date) STATE OF: ViA?A COUNTY OF: nyiLq C Subscribed and sworn to (or affirmed) before me, by means of)d physical presence or 0 online notarization, on o (date) by ov C"ke-5 KA" (name of affiant). He/She is pprsoaay. known to me or has produced __1�.I)W (type of identification) as ­_1...................— identification. 0_*V1JA0A\-e_-_ N YX C 0 ---- Notary Public State of Florida Tanya Ambrose sty commission HH 457581 My commission expires: Expires ' — Xpir= as fig 8 xpireS 211912028 Page 25 of 30 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE LandDesign, Inc. ............................ ................ (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consi i e former County officer or employee". (Signature) Date: 10/22/2024 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization, on VD-2,Z-ZIA (date) by gskA (name of affiant). Fjo/She is personally .............. known to me or has produced ........................ ..................._ (type of identification) as identification. &-N,ot&ry Public Stale Of Florida Tanya Ambrose qOMMirSiOn HH 457301 My commission expires: )XPIrSS 2/19/2028 Page 26 of 30 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: Land Design, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,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. 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 t P ful it e above requirements. .......... Proposer's Signaknv' 10/22/2024 Date STATE OF: T COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of"41physical presence or 0 online notarization, on 7-\A _(date) by L_ (name mmmm of affiant). p/She is personally known to me or has produced ......................... ..... (type of identification) as identification. Notary Public State of Florida NOTARY PUBLIC (SEAL) fill My Tanya Ambrose My commission expires: Co111185IOn HH 457581 Ex p1r83 2/19/2028 Page 27 of 30 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods ors rvi to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither LandElesign, Inc. (Proposer's name) nor an Ili e n placed on the convicted vendor list within the last thirty-six (36) ure) Date: 10/22/2024 STATE OF: COUNTY OF: 0�w, Subscribed and sworn to (or affirmed) before me, by means of .. physical presence or 0 online notarization, on I o-n-v4 (date) C by lAa& (name of affiant). fje/She is pson , knowr, .j-to m.eor has produced .......... (type of identification) as identification. ................................................. NOTARY PU Notary Public State of Florida Tanya Ambrose My Commission HH 457581 My commission expires: Expires 2/19/2028 Page 28 of 30 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Rowell's Waterfront Park Phase II Respondent Vendor Name: LandDesign, Inc. Vendor FEIN: 56-102942 Vendor's Authorized Representative Name and Title: Chad Kovaleski, Partner Address: 100 S Orange Ave, Suite 200 City: Orlando State: FL Zip: 32801 Phone Number 407-270-7800 Email Address: ckovaleski@landdesign.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors 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 identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: Chad Kovaleski who is authorized to sign on behalf of the @hove referenced company. Authorized Signature: Print Name: Chad Kovaleski Title: Partner Note: The List are available at the following Department of Management Services Site: http://www.dms.Myflorida.eom/btisiness operations/state parehasin /vendor information/convicted suspended dis criminatoa ems �.rllaints vendor lists Page 29 of 30 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/VendorName: LandDesign, Inc. Vendor FEIN: 56-102942 Vendor's Authorized Representative: Chad Kovaleski, Partner (Name and Title) Address: 100 S Orange Ave, Suite 200 City: Orlando State: FL Zip: 32801 Phone Number:_407-270-7800 Email Address: ckovaleski@landdesign.com As a nongovernmental entity executing,renewing,or extending a contract with a government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining,isolating,or confining or threating to restrain,isolate,or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt,if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Chad Kovaleski who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Chad Kovaleski Title: Partner Page 30 of 30 Client#: 1540104 LANDDINC DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/22/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sherry G Teague USI Insurance Services, LLC PHONE 704-901-8724 FAX 6100 Fairview Rd Ste 1400 MA No,Ext: (A/c,No): ADDRESS: sherry.teague@usi.com Charlotte, NC 28210 INSURER(S)AFFORDING COVERAGE NAIC# 704 543-0258 Hartford Fire Insurance Company 19682 INSURER A: p y INSURED INSURER B:Hartford Casualty Insurance Company 29424 LandDesign Inc. Twin City Fire Insurance Company 29459 INSURER C: Y P y P O Box 36959 Continental Casualty Company 20443 INSURER D: Y P y Charlotte, NC 28236 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 46777313 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 CONTRACTOR 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. LT R TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X 22UUNOL6HED 05/01/2024 05/01/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR ,„ PREMISES Ea occurrence s300,000 Ii) MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 �- GEN'L AGGREGATE LIMIT APPLIES PER: DATE--- mm,.,...023 24„y,-,,,,,,,,,.,,... ..��...-,-, GENERAL AGGREGATE $2,000,000 POLICY� PR - POLICY LOC War X ­ PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X 22UENOL5534 05/01/2024 05/01/202 COM EaBINED accidentS INGLE LIMIT 1r 000r 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ X$1,000 Comp X $1,000 Coll $ B X UMBRELLA LAB X OCCUR X X 22XHUBC7M3H 05/01/2024 05/01/2025 EACH OCCURRENCE $5 OOO 000 EXCESS LAB CLAIMS-MADE AGGREGATE s5,000,000 DED I X RETENTION$10000 $ OTH- C WORKERS COMPENSATION X 22WBOL6H6P 05/01/2024 05/01/202 X START AND EMPLOYERS'LIABILITY UTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional AEH591939137 05/01/2024 05/01/202 $3,000,000 Each Claim Liaibility $3,000,000 Annual Agg. Claims-Made $125,000 Retention DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Description of Operations: The general liability,auto liability and umbrella policies include an automatic additional insured endorsement that provides additional insured status to Monroe County BOCC only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured.The general liability,auto liability and workers compensation policies provide a waiver of subrogation when required by written contract,except as prohibited by law.The above coverage is primary (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE e i& Q) ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S46777313/M44651251 SACT DESCRIPTIONS (Continued from Page 1) and noncontributory where required by written contract for general liability and auto liability only. Umbrella is following form on general liability and auto liability per policy endorsements.The general liability includes an automatic status endorsement providing that 30 days notice of cancellation will be given to the certificate holder by the insurance carrier where required by written agreement. SAGITTA 25.3(2016/03) 2 of 2 #S46777313/M44651251