HomeMy WebLinkAboutEDB Proposed SA No 1 FEMA EXECUTIVE SUMMARY
AGENDA ITEM:
Proposed Supplemental Agreement No. 1 to CCUA Disaster Response & FEMA Assistance
Continuing Services Agreement 16/17 RFQ No. 4 with Witt O'Brien's, LLC (Witt) to Provide
Professional Disaster Recovery Services Related to Hurricane Ian
Date: September 28, 2022
BACKGROUND:
CCUA is contracted with Witt, a professional Disaster Recovery firm, to provide necessary
professional disaster recovery services.
CCUA staff will issue specific assignments to Witt to provide professional disaster recovery
services related to Hurricane Ian through approved purchase orders that will be billed against the
authorized not-to-exceed amount of$50,000.00. The approved purchase order of each assignment
will include the number of hours for each assignment which will be billed at Witt's agreed upon
rates provided in the attached scope and fee proposal.
BUDGET:
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The budgeted fees for the disaster recovery services are for the proposed not-to-exceed amount of
a)
$50,000.00.
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RECOMMENDATION:
Staff respectfully recommends Board of Supervisors approval of the attached Supplemental
Agreement No. 1 with Witt O'Brien's, LLC for professional disaster recovery services associated
with Hurricane Ian.
ATTACHMENT:
Supplemental Agreement No. 1
Scope &Fee Proposal
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X:\Operahons\EMERGENCY OPERATIONS\NAMED STORM IMPACT\Humcane Ian 2022\Drsaster Recovery Services\EDB Proposed SA I with Wm O'Bnen's,LLC.docx
Supplemental Agreement No. 1 to CCUA Disaster Response & FEMA Assistance Continuing
Services Agreement 16/17 RFQ No. 4 to provide Professional Disaster Recovery Services for
Hurricane Ian with Witt O'Brien's, LLC
Engineer: Rachel Ingle Owner: Clay County
Witt O'Brien's, LLC Utility Authority
818 Town& Country Blvd., Suite 200
Houston, TX 77024
Date: October 4, 2022
Item: Description of Services:
Provide professional disaster recovery services as
requested and identified in the attached scope of
services and fee proposal.
Total Lump Sum Price Not to Exceed Without Prior Authorization $50,000.00
This document, along with the Scope and Fee Proposal dated September 27, 2022, shall become an
amendment to the CCUA Disaster Response & FEMA Assistance Continuing Services Agreement and
all provisions of the Agreement will apply hereto.
Accepted by: Date:
Engineer:
Rachel Ingle
Witt O'Brien's, LLC
Accepted by: Date:
Owner:
Jeremy Johnston, P.E., MBA,
Executive Director
Clay County Utility Authority
SCOPE OF WORK AND COMPENSATION
Scope of Work:
Per the Scope of Services in the RFQ,Witt O'Brien's is prepared to support CCUA with any or
all of the following support services as needed:
• Vulnerability assessment,
• Natural Hazard Mitigation Plan,
• Emergency response planning,
• Risk assessment,
• HMGP &CGP grant applications,
• Disaster response administration, inspection, and submittals,
• Structure inspections,
• FEMA certifications,
• Model Media/Press Release Format,
• Security issues,
• Benefit cost analysis (BCA),
• Federal Emergency Management Agency (FEMA) Mitigation Planning Guidelines as
published in FEMA Publication 386,
• National Incident Management System (NIMS) preparation before an event,
execution during an event and recovery,
to • FEMA Public Assistance (PA) Grant Program administered through the State of
Florida Public Assistance Web Portal
• Robert T. Stafford Disaster Relief and Emergency Assistance Act and FEMA
acceptable hazard mitigation measures,
• Current FEMA fact sheet, policy directives and Public Assistance Grants,
• Knowledge of those items eligible for reimbursement and how to acquire the
reimbursement and perform and submit to FEMA all pertinent forms,
• Worksheets and documentation related to Public Assistance Grant,
• Drafting construction contracts that are acceptable to FEMA and State agencies,
• Developing and continuously updating a list of existing Mitigation opportunities and
common mitigation practices and use it to make staff aware of future mitigation
Permanent Work Public Assistance Grant opportunities. Work with The Authority to
identify Mitigation common opportunities that may be available for damaged
infrastructure. Develop a checklist of common mitigation opportunities that staff
can use to identify field opportunity on a Project Work Sheet,
• Developing a mitigation strategy based on a theoretical cost benefit ratio evaluation
of potential threats and projects,
• Demonstrate creative knowledge to facilitate fund recovery efforts to aide in the
repair, replacement or restoration of disaster-damaged, publicly owned facilities
and the facilities,
• Public Health Security and Bioterrorism Preparedness and Response Act of 2002
(H.R. 3448),
• Disaster Mitigation Act of 2000,
• Clay County Emergency Response Plan (Plan) including all appropriate and
necessary elements of the County's Emergency Management or Disaster
Preparedness Plan as well as all elements of the Clay County Emergency
Communications Plan.
Compensation:
Based on the anticipated impact of Hurricane Ian, we estimate an initial Not to Exceed
value of$50,000. During the provision of our services, should we determine additional
resources or expanded scope of support is needed,we will bring to the attention of CCUA
for discussion.
The Consultant shall be compensated in accordance with the rates set forth in CCUA
Disaster Response and FEMA Assistance Continuing Services contract.
to
Labor Category Hourly Rate
Public Assistance Services
Principal $260.00
Public Assistance Project Manager $168.00
Public Assistance Project Manager $150.00
Public Assistance Officer I $140.00
Public Assistance Officer II $130.00
Public Assistance Officer III $I 15.00
Appeals Specialist $155,00
Mitigation Specialist! $140.00
Mitigation Specialist II $130.00
Mitigation Specialist Ill $1 15.00
Insurance Specialist I $150.00
Insurance Specialist II $140.00
Insurance Specialist III $130.00
State Public Assistance Coordinator I $155.00
State Public Assistance Coordinator II $135.00
State Public Assistance Coordinator Ill $120.00
Accountant Level II Journal Entry $75.00
Sr Grant Administrator $150.00
Grant Administrator $120.00
Senior Engineer/Senior Programmer $163.00
Engineer/Programmer y $140.00
,accountant Supervisor $114.00
Closeout Specialist 1 $135.00
to Closeout Specialist 11 $130.00
Closeout Specialist Ill $114.00
Damage Assessment Specialist 1 $133.00
Damage Assessment Specialist II $130.00
Damage Assessment Specialist 111 $1 15.00
In addition to the hourly rates, Consultant shall be reimbursed for out-of-pocket expenses
incurred in connection with performance of this Agreement.
Travel expenses such as airfare (coach class), rental car, meals, mileage, and other
miscellaneous expenses shall be reimbursed at Consultant's cost, without mark-up in
accordance with the rates and guidelines as established by Florida Statute 112.061.
Lodging shall be reimbursed in accordance with current rates as published by General
Services Administration (GSA) for the area of operation.
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This"Agreement(herein so called)entered into on this day of December 5th, 2017
,by and between the Clay County Utility Authority,an independent special district and
political subdivision of the State of Florida,existing and created under Chapter 94-491,Laws of Florida,Special Acts
of 1994(hereinafter referred to as"Authority")and, Witt O'Brien's, LLC
(hereinafter referred to as"Consultant)authorized to do
business in the State of Florida;whose address is 2200 Eller Drive, Fort Lauderdale, FL 33316
for CCUA Disaster Response and FEMA Assistance Continuing Services
(hereinafter referred to as the"Project). This Agreement shall remain in effect until December 5th,2022
unless terminated as provided herein,or extended by mutual agreement
in writing(herein referred to as Duration).
RECITALS:
WHEREAS, in response to a publicly advertised Request for Qualifications,the Consultant submitted qualifications to
the Authority and was selected by the Authority as a qualified applicant in the best interest of the Authority;and
WHEREAS, the Authority and the Consultant have negotiated mutually satisfactory terms for the execution of the
Agreement and is incorporated by reference and made part hereof;and
WHEREAS,the Consultant hereby certifies it has been granted and possesses valid,current licenses to do business
to in the State of Florida,issued by the respective State Board(s)responsible for regulating and licensing the professional
services to be provided and performed by the Consultant pursuant to this Agreement; and
WHEREAS,the selection and engagement of the Consultant has been made by the Authority in accordance with the
provisions of the Consultants'Competitive Negotiation Act("CCNA"),Section 287.055, Florida Statutes,and
NOW,THEREFORE, in consideration of the mutual covenants,terms and provisions contained herein, and for other
good and valuable consideration, the receipt and legal sufficiency of which is hereby expressly acknowledged, the
parties hereto agree that with the mutual acceptance of this Agreement as indicated hereinafter by the execution of
this Agreement by both parties that a legally enforceable contract shall exist between both parties consisting of:
1. SERVICES BY THE CONSULTANT:
A. ASSIGNMENT OF WORK: Work to be performed by the Consultant shall be on an as needed basis as determined
by the Authority. All work shall be mutually negotiated with the Consultant and the Authority by Supplemental
Agreements at the request of the Authority, When requested, by the Authority, the Consultant shall prepare a
detailed scope of services(hereinafter referred to as"Scope''), list of deliverables,schedule,work hour budget and
a not to exceed fee budget for the associated work needed to complete the"Supplemental Agreement(herein so
called)for the Authority's review and approval prior to the Consultant beginning any work. Fees shall be based on
the established contract hourly rates,fees and charges and as set forth in each such Supplemental Agreement.
B. COMMENCMENT OF WORK:The Consultant shall not commence work on the Project or Supplemental Agreement
without prior written Notice to Proceed (hereinafter referred to as"NTP')by the Authority. Following the issuance
of such NTP the Consultant shall be authorized to commence work promptly and shall carry on all such services
and work as may be required in a timely and diligent manner to completion. The Consultant hereby releases the
Authority from any claim for damages or compensation,whether in contract,tort or otherwise, in the event that no
NTP is issued pursuant to this Agreement.
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C. SCHEDULE OF WORK: All services and duties shall be conducted and performed by the Consultant diligently,
completely and in accordance with professional standards of conduct and performance. The Consultant
acknowledges the importance of the Authority's schedules and agrees to put forth its reasonable professional efforts
in performing the services under this Agreement with due diligence to achieve the mutually agreed upon schedules.
The Consultant agrees to employ,engage, retain and/or assign an adequate number of personnel throughout the
period of this Agreement so that all Supplemental Agreement(s) and Scope(s) will be provided, performed and
completed in a timely and diligent manner throughout. Should the Consultant be obstructed or delayed in the
prosecution or completion of its obligations under this Agreement and its Supplemental Agreement(s) as a result
of causes beyond the control of the Consultant, or its subconsultant(s)and/or subcontractor(s), and not due to its
fault or neglect, the Consultant shall notify the Authority in writing, within five (5) calendar days after the
commencement of such delay, stating the cause(s)thereof and requesting an extension of the Consultant's time
performance. Upon receipt of the Consultant's request for an extension of time, the Authority will begin
determination with the Consultant of the length of extension and legitimacy of cause.
D. ADDITIONAL SERVICES: "Additional Services" (herein so called) beyond the work identified in the Supplemental
Agreement Scope shall only be authorized to be performed or provided by the Consultant when agreed to in writing
in advance by both parties. In any case in which the Consultant deems that additional compensation is due for its
services or materials which is not expressly covered in the Supplemental Agreement,or not specifically authorized
in writing by the Authority,the Consultant shall notify the Authority in writing and must receive prior written approval
therefrom the Authority. If the Consultant fails to provide its written notice or does not receive the Authority's written
approval prior to performing or providing any Additional Services, the Consultant shall not receive any additional
compensation for the same.
E. QUALITY CONTROL:The Consultant shall perform Quality Control(hereinafter referred to as"QC')review for all
deliverables and supporting work prepared by the Consultant upon which those documents are based. The
Consultant shall provide the Authority with a summary of each QC reviewed document which identifies the
to document reviewed and the QC review steps that were performed. The Consultant shall keep the original or copy
of each QC reviewed document bearing distinguishable markings that identify the QC review steps that were
performed by whom and when for the Duration of this Agreement and in accordance with the Retention of
Documents section of this Agreement. The Consultant shall provide copies of the QC documents to the Authority
upon request.
F. STANDARD OF CARE:The Consultant shall put forth its reasonable professional efforts to comply with applicable
laws, codes, rules and regulations in effect as of the date of the execution of this Agreement and the date of
deliverables or submissions. In providing services the Consultant shall perform in a manner which,at a minimum,
is 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. The Consultant is
responsible for the quality, accuracy, completeness, and coordination of all deliverables and other services the
Consultant or its subconsultants,subcontractors,or vendors provide.
G. ESTIMATES OF PROBABLE CONSTRUCTION COST: In providing estimates of probable construction cost, the
Authority understands that the Consultant has no control over the cost or availability of labor, equipment or
materials, or over market conditions or a contractors pricing, and that the Consultant's estimates of probable
construction costs are made on the basis of the Consultant's professional judgment and experience.The Consultant
makes no warranty, express or implied, that the bids or the negotiated cost of the work will not vary from the
Consultant's estimate of probable construction cost.
H. CERTIFY, CERTIFICATION:A statement of the Consultant's opinion, based on its own observation of conditions,
to the best of the Consultant's professional knowledge, information and belief. Such statement of opinion does not
constitute a warranty or guarantee,either express or implied.
Page 2 of 11
I. PERMITS AND APPROVALS: The Consultant shall assist the Authority in preparing, coordinating, applying and
submitting for those permits, approvals and extensions required by law and rule for projects similar to the one for
which the Consultant's services are being engaged. This assistance shall consist of completing and submitting
forms and other supportive information necessary to the appropriate regulatory agencies having jurisdiction over
the Consultant's documents and other services normally provided by the Consultant and shall be included in the
Scope of the Supplemental Agreement.
J. LICENSES: The Consultant agrees to obtain and maintain throughout the period this Agreement is in effect, all
such licenses as are required to do business in the State of Florida, including but not limited to licenses required
by the respective State Board(s) and other governmental agencies responsible for regulating and licensing the
professional services provided and performed by the Consultant pursuant to this Agreement and the Scope and
services provided therein.
K. RESPONSIBILITY TO CORRECT: In accordance with the generally accepted standards of the Consultant's
profession,the Consultant agrees to be responsible for the professional quality,technical adequacy and accuracy,
timely completion,and the coordination of all data,studies,surveys,designs,specifications,calculations,estimates,
plans, drawings, construction documents, photographs, reports, memoranda, other documents and instruments,
and other services, work and materials performed, provided and/or furnished by Consultant or by any
subconsultant(s) and/or subcontractor(s) retained or engaged by the Consultant pursuant to this Agreement
(hereinafter referred to as"Work Products").The Consultant shall,without additional compensation,correct,revise,
or have corrected or revised any errors, omissions and other deficiencies in such Work Products resulting from
Consultant or any subconsultant(s),vendor(s)or subcontractor(s)engaged by the Consultant.
2. COMPENSATION:
A. OVERHEAD AND PROFIT RATES:Proposed overhead rates shall conform to Federal Acquisition Regulations as
established by a governmental audit or certified to by a Certified Public Accountant. Fees to the Consultant shall
to be established based on raw hourly salary rates plus a not to exceed overhead and profit rate factor of 1.9 for a
combined total hourly multiplier of 2.9 for services. Profit rates shall only be applied to direct labor plus overhead.
No markup or profit shall be paid on non-labor related job costs, reimbursables, or on services provided by
subconsultants,vendors or others.Any work or professional services subcontracted for by the Consultant for which
the Authority has agreed to reimburse the Consultant shall not be marked-up,but shall be payable by the Authority
only in the exact amount reasonably incurred by the Consultant. No other such subcontracted services shall be
reimbursed.
B. COMPLETION: Payment of the entire fee or lump sum amount is contingent upon Consultant's final completion of
the entire Scope as specified in this Agreement. Such final completion of the Scope must be acceptable to and
accepted by the Authority. Such acceptance by the Authority may not be unreasonably denied. In the event the
Consultant does not complete the entire Scope,then the lump sum amount will be pro-rated using the ratio that the
amount actually completed and which is acceptable to and accepted by the Authority bears to the entire Scope.
Unless otherwise set forth in this Agreement the Consultant shall be responsible for providing and performing
whatever services, work, equipment, material, personnel, supplies, facilities, transportation and administrative
support that are necessary and required to complete all of the Scope and conformance with the provisions of this
Agreement.
C. INVOICE PROCEDURE: Invoices shall be submitted by the Consultant monthly on an"as incurred"basis,and shall
be made by the Authority in accordance with the Local Government Prompt Payment Act(the"Act). Upon receipt
of a proper statement, invoice or draw request the Authority shall have the number of days provided in the Act in
which to make payment. Invoices shall be in a form and containing such documentation as reasonably required by
the Authority. Each such invoice shall include project name, project number, breakdown of charges,description of
service(s), work provided and/or performed, supportive documentation, the amount of payment requested, the
amount previously paid, the total contract value, the percent completed since the last invoice, the total percent
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completed to date, and any other such information as may be reasonable and necessary to secure the written
approval of the invoice by the Authority. Each invoice shall contain a statement that it is made subject to the
provisions and penalty of Section 837.06, Florida Statutes. If the Authority objects to any portion of an invoice,the
Authority shall so notify the Consultant. The Authority shall identify specific cause of the disagreement and the
amount in dispute and request revision. Any dispute over invoiced amounts due which cannot be resolved within
thirty(30)calendar days after presentation of invoice by direct negotiation between the parties shall be resolved in
accordance with the Dispute Resolution provision of this Agreement.
D. PROMPT PAYMENT TO SUBCONSULTANTS AND VENDORS: The Consultant as a condition precedent to
progress and final payments to the Consultant,the Consultant shall provide to the Authority,with its requisition for
payment, documentation that sufficiently demonstrates that the Consultant has made proper payments to its
subconsultants and vendors from all prior payments that Consultant has received from the Authority. The
Consultant shall not unreasonably withhold payments to subconsultants and vendors if such payments have been
made to the Consultant. If the Consultant withholds payment to its subconsultants and vendors, which payment
has been made by the Authority to the Consultant,the Consultant shall return said payment to the Authority.The
Consultant's failure to pay undisputed amounts to the subconsultants and vendors within thirty(30)business days,
after the Consultant receives payment from the Authority, shall be a breach of this Agreement and may result in
termination of this Agreement in the discretion of the Authority.
E. PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF AUTHORITY: In the event of
termination of this Agreement at the convenience of the Authority, and not due to the fault of the Consultant, the
Authority shall compensate the Consultant only for: (1) all services performed prior to the effective date of
termination,including the overhead and profit allocable to the services performed; (2) reimbursable expenses then
due; and (3) reasonable expenses incurred by the Consultant in affecting the termination of services and work,
and incurred by the Consultant's submittal to the Authority of drawings,plans,data,and other documents therefor.
F. PAYMENT WHEN SERVICES ARE SUSPENDED: In the event the Authority suspends the Consultant's services
to of work on all or part of the services required to be provided and performed by the Consultant pursuant to this
Agreement,the Authority shall compensate the Consultant only for services performed prior to the effective date of
suspension,including the overhead and profit allocable to the services performed,and reimbursable expenses then
due and any reasonable expenses incurred or associated with,or as a result of such suspension.
G. NON-ENTITLEMENT TO ANTICIPATED FEES: In the event the services required pursuant to this Agreement are
terminated,eliminated,cancelled,or decreased due to:termination;suspension in whole or in part;and and/or are
modified by the subsequent issuance of Supplemental Agreement(s) other than receiving the compensation set
forth in Sections 2.E and 2.F above, the Consultant shall not be entitled to receive compensation for anticipated
professional fees, profit, general and administrative overhead expenses or for any other anticipated income or
expense which may be associated with the services which are terminated, suspended, eliminated, cancelled or
decreased.
H. TRAVEL: The Authority shall not be billed or invoiced for time spent traveling to and from the Consultant's offices
or other points of dispatch of its subcontractors,employees,officers or agents in connection with the services being
rendered,other than as provided for in this Agreement. If and only if travel and per diem expenses are addressed
in the contract or agreement in a manner which expressly provides for the Authority to reimburse the Consultant
for the same, then the Authority shall reimburse the Consultant only for those travel and per diem expenses
reasonably incurred and only in accordance with the provisions of Section 112.061, Florida Statutes. In the event
the Consultant has need to utilize hotel accommodations or common carrier services,the Authority shall reimburse
the Consultant for its reasonable expense incurred thereby provided prior approval of the Executive Director of the
Authority,or its designee, is obtained.
I. REIMBURSIBLE: The Authority shall not be liable to reimburse the Consultant for any courier service,telephone,
facsimile,copying expenses or postage charges incurred by the Consultant.
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3. PERSONNEL:
A. QUALIFIED PERSONNEL: The Consultant agrees when the services to be provided and performed relate to a
professional service(s)which, under Florida Statutes, requires a license, certificate of authorization or other form
of legal entitlement to practice such services,to employ and/or retain only qualified personnel to be in responsible
charge of all Scope to be provided pursuant to this Agreement.
B. CONSULTANT'S PROJECT MANAGER: The Consultant agrees to employ and designate, in writing, a qualified
and, if required by law, a licensed professional to serve as the"Consultant's Project Manager (herein so called).
The Consultant's Project Manager shall be authorized and responsible to act on behalf of the Consultant with
respect to directing, coordinating and administering all aspects of the Scope to be provided and performed under
this Agreement and Supplemental Agreement(s)thereto.The Consultant's Project Manager shall have full authority
to bind and obligate the Consultant on any matter arising under this Agreement and Supplemental Agreement(s)
unless substitute arrangements have been furnished in advance to the Authority by the Consultant in writing.The
Consultant agrees that the Consultant's Project Manager shall devote whatever time is required to satisfactorily
direct, supervise and manage the Scope and services provided and performed by the Consultant throughout the
entire period this Agreement is in effect.
4. RETENTION OF DOCUMENTS:The Consultant agrees to maintain all documents, including electronic documents,
related to the Project for a period of not less than five(5)years,in a reasonably accessible manner consistent with
the Consultant's internal document retention policy.
A. REASONABLY ACCESSIBLE: In order to be considered reasonably accessible,such documents must not be
deleted or totally destroyed such that they cannot be reproduced or only be restored at a significant cost.
B. DOCUMENT RETENTION POLICY:A written policy by which each employee,subcontractor,and subconsultant
and its subcontractors or subconsultants of any tier,follows the same protocol to retain all required documents
related to a project in a consistent,organized manner sufficient to allow efficient retrieval of same.
to 5. PUBLIC FUNDS:The Authority's performance of this Agreement shall be contingent upon and subject to the existence
of lawfully appropriated public funds for each fiscal year (i.e., October 1 through and including the next following
September 30)of the Authority.
6. EXTENT OF AGREEMENT: This Agreement, together with the Request for Qualifications ("RFQ'), Addendums,
Consultant's response submittal to the RFQ,all attachments and forms,represents the final and completely integrated
Agreement between the parties regarding its subject matter and supersedes all prior negotiations, representations,or
agreements,either written or oral.Any pre-printed provisions of the Consultant's written materials,contract forms, or
documents to the contrary notwithstanding,no transportation surcharges shall apply,and no policies of the Consultant
available on the Consultant's website or retained in the Consultant's office are incorporated by reference nor shall be
deemed to be part of this Agreement, unless the same is attached this Agreement,and separately signed by the duly
authorized signor for the Authority.
7. PROHIBITION AGAINST CONTINGENT FEES:The Consultant shall not have employed or retained any company or
person,other than an employee working solely for the Consultant, 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 an employee working for the
Consultant, any fee, commission percentage, gift, or any other consideration, contingent upon or resulting from the
award or making of this agreement.For the breach or violation of these provisions,the Authority shall have the right to
terminate this Agreement without liability and,at its discretion,to deduct from the contract price,or otherwise recover,
the full amount of such a fee,commission, percentage,gift or consideration.
8. STATUS:Any pre-printed provisions of the Consultant's written materials,contract forms,or documents to the contrary
notwithstanding, the Authority's entry into the contract or agreement with Consultant does not give Consultant any
preferential status, "most favored nations" status, nor right of first refusal to any renewal or for any other contract or
agreement to provide other goods and/or services to the Authority.
9. OWNERSHIP OF INSTRUMENTS OF SERVICE: The Authority shall retain ownership of all Work Products including
electronic files, field data, pictures, notes and other documents and instruments prepared by the Consultant as
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instruments of service.The Consultant shall not be liable for any re-use of such documents for other than the specific
purpose intended without the Consultant's written verification or adaptation thereof.
10. INSURANCE: The Consultant will be expected to obtain and maintain the following insurance coverage during the
term of this Agreement and present a certificate verifying the same:
Insurance: Minimum Limits:
General Liability $1,000,000.00
Each Occurrence $1,000,000.00
Damage to rented premises $1,000,000.00
Medical Expense(Any one person) $10,000.00
Personal and Advertising Injury $1,000,000.00
General Aggregate $1,000,000.00
Products and Completed Operations Aggregate $1,000,000.00
Automobile(hired,non-owned,and owned $1,000,000.00
vehicles)
Combined single limit $1,000,000.00
Workers Compensation Per Statutory limits
in compliance with State and Federal Laws
Each Accident $1,000,000.00
Disease—Each Employee $1,000,000.00
Disease—Policy Limit $1,000,000.00
Professional Liability(Error and Omissions) $1,000,000.00
Per claim $1,000,000.00
Annual Aggregate $1,000,000.00
The Consultant shall procure and maintain insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. The above insurance shall be written by an insurer holding a current certificate of
to authority pursuant to Chapter 624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of
underwriter's rights of subrogation in favor of the Authority. Note: The Authority shall be designated as an
Additional Insured on the General Liability policy. The Authority shall also be listed as a named insurance
certificate holder by the successful Consultant prior to beginning work. (This requirement is excepted for
Worker's Compensation Insurance). Such insurance shall be written by an insurer with an A.M. Best Rating of A-or
better. The Consultant shall procure and maintain,at its sole expense for the period of design and construction of any
project improvements contemplated by the Scope and for a period of no less than three(3)years following substantial
completion, insurance of the types and in the minimum amounts stated above. A failure to obtain and maintain such
insurance or to file required certificates and endorsements shall be a material breach of this Agreement. Consultant's
maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to
the coverage provided by such insurance,or otherwise limit the Authority's recourse to any remedy available at law or
in equity.
11. NON-RENEW: Any pre-printed provisions of the Consultant's written materials, contract forms or documents to the
contrary notwithstanding,the same shall not automatically renew but shall be renewed only upon subsequent written
agreement of the parties.
12. TERMINATION AND SUSPENSION:The Authority or the Consultant may terminate this Agreement at any time,with
or without cause, by giving ten (10) days' notice to the other in writing. In the event of termination, all finished or
unfinished Work Products prepared by the Consultant pursuant to this Agreement,shall be provided to the Authority.
In the event the Authority terminates this Agreement prior to completion without cause,Consultant may complete such
analyses and records as may be necessary to place its files in order.This Agreement shall be terminated,with twenty-
four (24) hour notice to the Consultant in the event that funds become unavailable to the Authority for any reason
whatsoever.This Agreement,or any portion hereof,may be suspended from time to time for various periods of time or
during any of the Consultant's performance of the Supplemental Agreements proposed hereunder, permanently or
temporarily, by action of the Authority.
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13. INDEPENDENT CONTRACTOR: Consultant is and shall be at all times during the term of this Agreement an
independent contractor and not an employee of the Authority. Consultant agrees that it is solely responsible for the
payment of taxes applicable to the services performed under this Agreement and agrees to comply with all local,state,
and federal laws regarding the reporting of taxes, maintenance of insurance and records, and all other requirements
and obligations imposed on the Consultant as a result of its status as an independent contractor. Consultant is
responsible for providing the office space and administrative support necessary for the performance of services under
this Agreement. The Authority shall not be responsible for withholding or otherwise deducting federal income tax or
social security or for contributing to the state industrial insurance of unemployment compensation programs or
otherwise assuming the duties of an employer with respect to the Consultant or any employee of Consultant.
14. CONFLICT OF INTEREST:The Consultant represents that to the best of its knowledge and belief it presently has no
interest and shall acquire no interest,either direct or indirect,which would conflict in any manner with the performance
of services required hereunder. The Consultant further agrees that no person having any such interest shall be
employed or engaged by the Consultant for said performance. If Consultant, for itself and on behalf of its
subconsultants,is about to engage in representing another client,which it in good faith believes could result in a conflict
of interest with the work being performed by the Consultant or such subconsultant under this Agreement, then it will
promptly bring such conflict of interest to the Authority's attention, in writing.The Authority will advise the Consultant,
in writing, within ten (10) business days if such a conflict of interest exists. If the Authority determines that there is a
conflict of interest, Consultant or such subconsultant shall decline the representation upon written notice by the
Authority. If the Authority determines that there is no such conflict of interest,then the Authority shall give its written
consent to such representation. If Consultant or subconsultant accepts such a representation, without obtaining the
Authority's prior written consent,and if the Authority subsequently determines that there is a conflict of interest between
such representation and the work being performed by Consultant or such subconsultant under this Agreement, then
the Consultant or such subconsultant agrees to promptly terminate such representation.Consultant shall require each
of such subconsultants to comply with the provisions of this Section. Should the Consultant fail to advise or notify the
Authority as provided herein above of representation which could,or does, result in a conflict of interest,or should the
to Consultant fail to discontinue such representation, the Authority may consider such failure as justifiable cause to
terminate this Agreement.
15. AUTHORITY'S APPROVAL: Neither review, approval, or acceptance by the Authority of services or Work Products
furnished by the Consultant,or any subconsultant(s), vendor(s)or subcontractor(s)engaged by the Consultant,shall
not in any way relieve Consultant of responsibility for the adequacy,completeness and accuracy of its services or Work
Products or any and all of its subconsultant(s),vendor(s)and/or subcontractor(s)engaged by the Consultant to provide
and perform services in connection with this Agreement.Neither the Authority's review,approval or acceptance of,nor
payment for,any of the Consultant's services or Work Products shall be construed to operate as a waiver of any of the
Authority's rights under this Agreement, or any cause of action it may have arising out of the performance of this
Agreement.
16. CONFIDENTIALITY AND PUBLIC RECORDS COMPLAINCE:The Consultant agrees,during the term of this
Agreement,to comply with Chapter 119.071(3), Florida Statutes, and not to divulge,furnish or make available to any
third person,firm or organization,without the Authority's prior written consent,or unless incident to the proper
performance of the Consultant's obligations hereunder,or in the course of judicial or legislative proceedings where
such information has been properly subpoenaed,any non-public information concerning the services to be rendered
by the Consultant or any subconsultant(s)or subcontractor(s), pursuant to this Agreement. Subject to the foregoing
provisions and law applicable to confidential information,the Consultant will keep and maintain public records
required by the Authority,which is a public agency, in order for the Consultant to perform the services and the work
required by the Scope,and upon request from the Authority's custodian of public records,Contractor shall provide
the Authority 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 Chapter 119.07, Florida Statutes,or as otherwise provided
by law. The Consultant shall require all of its employees,subconsultant(s)and subcontractor(s)to comply with
provisions of this paragraph. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
Page 7 of 11
CHAPTER 119, FLORIDA STATUTES,TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE AUTHORITY'S RECORDS MANAGEMENT
ADMINISTRATOR, LYNN VALENTIN,AT(904)213-2471, LVALENTIN@CLAYUTILITY.ORG,3176 OLD
JENNINGS ROAD, MIDDLEBURG, FL 32068-3907.
17. PROPERTY DAMAGE: Consultant agrees to promptly repair and/or replace, or cause to have repaired and/or
replaced, at its sole cost and expense and in a manner acceptable to and approved by the Authority, any property
damage arising out of,or caused by,the willful or intentional misconduct or negligent acts of the Consultant,or its sub-
consultants and/or sub-contractors. Consultant's obligation under this sub-section does not apply to property damage
caused in whole or in part by any other consultant or contractor engaged directly by the Authority. The Authority
reserves the right, should the Consultant fail to make such repairs and/or replacement within a reasonable period of
time and after written notice to Consultant with 10 days opportunity to commence repairs,to cause such repairs and/or
replacement to be made by others Consultant shall be responsible to the Authority for all reasonable cost and expense
of such repairs and/or replacement.
18. NONDISCRIMINATION AND EQUAL OPORTUNITY:The Consultant shall comply with all state and federal laws, as
currently written or hereafter amended,or other applicable laws prohibiting discrimination, unless based upon a bona
fide occupational qualification as provided in or as otherwise permitted by other applicable laws. Consultant's or its
subconsultants,subcontractors and/or vendors shall be certified as minority business enterprise as defined in Section
288.703,Florida Statutes,to count towards participation goals or requirements. The failure of the Consultant to adhere
to relevant stated requirements shall subject the Consultant to any sanctions which may be imposed upon the Authority.
19. PROHIBITION AGAINST CONTINGENT FEES:The Consultant shall not have employed or retained any company or
person,other than an employee working solely for the Consultant,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 an employee working for the
Consultant, any fee, commission percentage, gift, or any other consideration, contingent upon or resulting from the
award or making of this agreement. For the breach or violation of these provisions,the Authority shall have the right to
terminate this Agreement without liability and,at its discretion,to deduct from the contract price,or otherwise recover,
to the full amount of such a fee,commission,percentage,gift or consideration.
20. INDEMNIFICATION:The Consultant shall agree,to the fullest extent permitted by law,to indemnify and hold harmless
the Authority and all its supervisors, officials, staff, employees, officers, agents and servants (collectively, Authority)
against damages, liabilities or costs, including reasonable attorneys'fees and defense costs,to the extent caused by
the Consultant's negligence, recklessness,or wrongful conduct of the Consultant, its officers and employees and that
of its subconsultants, subcontractors, vendors or anyone for whom the Consultant is legally liable in the performance
of this Agreement. The Consultant shall hold the Authority harmless against claims by third parties arising from the
Consultant's negligence in performance of the work under this contract. All indemnification provisions of this
Agreement, relating to Indemnification shall survive the term of this Agreement, and any holdover and/or Agreement
extensions thereto,whether such term expires naturally by the passage of time or is earlier terminated earlier pursuant
to the provisions of this Agreement. With respect to any indemnification by the Authority provided under the contract
or agreement,any such indemnification shall be subject to and within the limitations set forth in Section 768.28,Florida
Statutes,and to any other limitations,restrictions and prohibitions that may be provided by law,and shall not be deemed
to operate as a waiver of the Authority's sovereign immunity.
21. GOVERNING LAW:The Authority and the Consultant agree that this Agreement and any legal actions concerning its
validity, interpretation and performance shall be governed by the laws of Clay County, Florida without regard to any
conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action
between the Authority and the Consultant arising out of this Agreement or the performance of the services shall be
brought in a court of competent jurisdiction in Clay County, Florida.
22. DISPUTE RESOLUTION:In an effort to resolve any conflicts that arise during or relate to the Consultant's performance
of the Agreement, the Authority and the Consultant agree that all disputes between them arising out of or relating to
this Agreement shall be submitted to nonbinding mediation.The Consultant further agrees to include a similar mediation
Page 8 of 11
provision in all agreements with independent subcontractors and subconsultants retained by the Consultant for this
Agreement or any Supplemental Agreement(s),and to require all independent subcontractors and subconsultants also
to include a similar mediation provision in all agreements with its subcontractors, subconsultants, suppliers, vendors
and fabricators,thereby providing for mediation as the primary method for dispute resolution among the parties to all
those agreements. The Authority shall not be bound by any provision requiring binding arbitration or binding mediation
of disputes. If a dispute arises either party shall follow the following provisions: provide written explanation of the
dispute a minimum 30 days'notice to the other party prior to mediation,the mediator shall be a member of the National
Academy of Distinguished Neutrals("NADN'),if an impasse is reached there shall be a sixty(60)day cooling off period
required,a minimum 30 days written notice shall be provided to the other party prior to filing suit in any court after the
cooling off period.
23. THIRD-PARTY BENEFICIARIES: Nothing contained in this Agreement shall create a contractual relationship with or
a cause of action in favor of a third party against either the Authority or the Consultant.The Consultant's services under
this Agreement are being performed solely for the Authority's benefit,and no other party or entity shall have any claim
against the Consultant because of this Agreement or the performance or nonperformance of services hereunder.The
Authority and Consultant agree to require a similar provision in all contracts with contractors, subcontractors,
subconsultants,vendors and other entities involved in this Agreement or Supplemental Agreement(s)to carry out the
intent of this provision.
24. TRUTH IN NEGOTIATION CERTIFICATE:The Consultant understands and agrees that execution of this Agreement
by the Consultant shall be deemed to be simultaneous execution of a truth-in-negotiation certificate under this provision
to the same extent as if such certificate had been executed apart from this Agreement,such certificate being required
by Section 287.055, Florida Statutes. Pursuant to such certificate, the Consultant hereby states that the wage rates
and other factual unit costs supporting the compensation hereunder are accurate,complete and current at the time of
contracting. Further the Consultant agrees that the compensation hereunder shall be adjusted to exclude any
significant sums where the Authority determines the Compensation was increased due to inaccurate, incomplete or
to noncurrent wage rates and other factual unit costs, provided that any and all such adjustments shall be made within
one(1)year following the completion date of this Agreement or Supplemental Agreement(s).
25. AMENDMENTS:This Agreement may be amended only by written instrument specifically referring to this Agreement
and executed with the same formalities as this Agreement.
26. ASSIGNMENT: Neither party to this Agreement shall transfer,sublet or assign any rights or duties under or interest in
this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written
consent of the other party. Subcontracting to subconsultants, normally contemplated by the Consultant as a generally
accepted business practice,shall not be considered an assignment for purposes of this Agreement.
27. ATTORNEY'S FEES: In any action involving the enforcement or interpretation of this Agreement,each party,whether
the Authority or the Consultant,shall be responsible for its own respective attorneys'fees and costs.
28. WAIVER: The failure of either party to exercise any of its rights is not a waiver of those rights. A party waives only
those rights specified in writing and signed by the party waiving its rights. Oral modification or rescission of this
Agreement by an employee or agent of either party, shall not release either party of its obligations under this
Agreement, shall not be deemed a waiver of any rights of either party to insist upon strict performance hereof, or of
either party's rights or remedies under this Agreement or by law, and shall not operate as a waiver of any of the
provisions hereof.
29. SURVIVAL OF REMEDIES:The parties' remedies shall survive the termination of this Agreement.
30. PROVISIONS SEVERABLE: In the event any of the provisions of this agreement should be found to be unenforceable,
it shall be stricken and the remaining provisions shall be enforceable.
31. FINANCIAL CONSEQUENCES: Should the Consultant fail to comply with any term of this Agreement,the Authority
shall take one or more of the following actions,as appropriate in the circumstances:
• Temporarily withhold payments pending correction of the deficiency,
Page 9 of 11
• Disallow all or part of the cost of the activity or action not in compliance,
• Wholly or partially suspend or terminate this Agreement,
• Withhold further awards to the Consultant,and/or
• Take further remedies that may be legally or equitably available.
32. NOTICES BY CONSULTANT TO AUTHORITY:All notices required or permitted hereunder by the Consultant to the
Authority shall be in writing and shall be served on the Authority at the following address:
Clay County Utility Authority
Attn: Tom Morris,Executive Director
3176 Old Jennings Road
Middleburg, Florida 32068-3907
e-mail: tmorris(c�clavutility.org
All notices required and/or made pursuant to this Agreement to be given by the Consultant to the Authority may be
sent by U.S.certified mail,return receipt requested,or by nationally recognized overnight courier service,or by e-mail,
and notices shall be deemed delivered upon actual receipt, provided, however,that if delivery is refused or a notice is
unclaimed,notice shall be deemed received(i)if mailed,three(3)days after mailing,or(ii)if overnight courier service,
one(1)business day after deposit with the courier service,or(iii) if by e-mail, upon receipt. The above address may
be changed by the Authority's written notice to the Consultant;provided,however,that no notice of a change of address
shall be effective until actual receipt of such written notice.
33. NOTICES BY THE AUTHORITY TO CONSULTANT: All notices required pursuant or permitted hereunder by the
Authority to the Consultant shall be in writing and shall be served on the Consultant at the following address:
Witt O'Brien's, LLC
Attention: Director of Contracts
818 Town&Country Blvd.,Suite 200
Houston,TX 77024
Phone: 281-606-4721 Alternate Phone: 202-207-2935
to Email:contractrequests@wittobriens.com with a copy to cdetillieu c(D.wittobriens.com
All notices required and/or made pursuant to this Agreement to be given by the Authority to the Consultant may be
sent by U.S.certified mail,return receipt requested,or by nationally recognized overnight courier service,or by e-mail,
and notices shall be deemed delivered upon actual receipt,provided,however,that if delivery is refused or a notice is
unclaimed,notice shall be deemed received(i)if mailed,three(3)days after mailing,or(ii)if overnight courier service,
one(1)business day after deposit with the courier service,or(iii) if by e-mail, upon receipt. The above address may
be changed by the Consultant's written notice to the Authority;provided,however,that no notice of a change of address
shall be effective until actual receipt of such written notice.
Page 10 of 11
IN WITNESS WHEREOF,the parties have duly executed this Agreement on the day and year first written above.
Clay County Utility Authority Witt O'Brien's,LLC
qir )
By: By:
TomMorns
fvvDY\Executive Director Print Na
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Page 11 of 11
Attachment A
Witt O'Brien's LLC
Recovery Services
Contract No.: HP08-17
1C;abot Category Hourly Rate
Public Assistance Services
Principal $260.00
Public Assistance Project Manager $168.00
Public Assistance Project Manager $150.00
Public Assistance Officer I $140.00
Public Assistance Officer 11 $130.00
Public Assistance Officer 111 $115.00
Appeals Specialist $155.00
Mitigation Specialist 1 $140.00
Mitigation Specialist II S 130.00
Mitigation Specialist Ill $I 15.00
Insurance Specialist 1 $150.00
Insurance Specialist 11 $140.00
Insurance Specialist III $130.00
State Public Assistance Coordinator 1 $155.00
State Public Assistance Coordinator II $135.00
State Public Assistance Coordinator III $120.00
Accountant Level 11 Journal Entry $75.00
Sr Grant Administrator $150.00
Grant Administrator $120.00
Senior Engineer/Senior Programmer $165.00
Engineer/Programmer $140.00
Accountant Supervisor $114.00
Closeout Specialist I $135.00
Closeout Specialist II $130.00
Closeout Specialist Ill $1 14.00
Damage Assessment Specialist 1 $135.00
Damage Assessment Specialist Il $130.00
Damage Assessment Specialist 111 $1 15.00
Mc.KIM&CREED __, _
Water Resources Services 2017 Schedule of Hourly Rates
Employee Classification (Rate/Hour) Employee Classification (Rate/Hour)
Engineering Surveying
Principal $280.00 Sr.Surveyor/Project Manager III $218.00
Engineering Manager $244.00 Sr.Surveyor/Project Manager II $198.00
Project Manager III $208.00 Sr.Surveyor/Project Manager I $159.00
Project Manager 11 $187.00 Project Surveyor $125.00
Project Manager I $175.00 Sr.Survey CAD Technician $102.00
Technical Specialist $255.00 Survey CAD Technician $86.00
Project Engineer IV $203.00 Survey Technician $79.00
' Project Engineer III $187.00 Survey Field Supervisor $97.00
Project Engineer II $151.00 Project Coordinator $112.00
Project Engineer I $137.00 Field Survey Party 1 Person Crew $102.00
Engineer Intern $125.00 Field Survey Party 2 Person Crew $140.00
Land Planner/Landscape Architect $124.00 Field Survey Party 3 Person Crew $198.00
Designer IV $146.00 GPS Mapping 1 Person Crew $107.00
Designer Ill $128.00 GPS Mapping 2 Person Crew $145.00
Designer II $118.00 RTK/VRS GPS 1 Person Crew $112.00
Designer I $92.00 RTK/VRS GPS 2 Person Crew $150.00
Sr.CAD Technician $83.00
CAD Technician $69.00 Subsurface Utility Engineering
Sr.Project Administrator $96.00 Utility Engineering Sr.Project Manager. $205.00
Project Administrator $83.00 Utility Engineering Project Manager $172.00
Administrative Assistant $67.00 Utility Engineering Technician I $73.00
Utility Engineering Technician II $85.00
Construction Utility Engineering Analyst $97.00
Construction Administrator III $146.00 Utility Engineering Specialist $129.00
Construction Administrator 11 $137.00 Utility Engineering Party(2 Person Crew) $166.00
Construction Administrator I $115.00
Project Representative III $137.00 Geospatial Information Systems
Project Representative II $115.00 GIS Specialist $112.00
Project Representative I $95.00 GIS Technician II $90.00
GIS Technician I $73.00
Field Services I.iDAR Field Technician $85.00
Field Technician 1 $80.00 LiDAR Technician 1 $78.00
Field Technician 11 $107.00 LiDAR Technician 11 $104.00
Field Services Manager $128.00 LiDAR Technician III $123.00
Photogrammetric Technician $100.00
Photogrammetrist $146.00
Hydrographic Surveying
Hydrographic Specialist 1 $92.00
Hydrographic Specialist 11 $102.00
Rates are valid through December 31, 2017 , Mc K1M&CREED Pg 1/2
'V McKIM&CREED
Water Resources Services 2017 Schedule of Hourly Rates
Expenses
In addition to labor,McKim&Creed bills for the following project related costs at a contractually agreed markup:
printing;conference calling charges;document review, permit or recording fees paid on behalf of the client;shipping;
bid advertisement;specialty materials,software or equipment rental;sub-consultant fees;costs of project related
employee travel including meals,lodging,airfare and miscellaneous travel costs such as tolls,parking etc.;mileage for
all company-owned vehicles(trucks)will be billed at$0.85/mile;employee owned vehicles used for transportation
related to the project will be charged at the prevailing federal mileage rate allowed by the IRS at the time the travel
occurs.
McKim&Creed also bills for the cost of internal reproduction and the use of specialized equipment related to
subsurface utility vacuum excavation,mobile scanning(LIDAR), and hydrographic surveying.
:o
Rates are valid through December 31, 2017 Mcl<:.1M&CREED Pg 2/2