Okaloosa County BOCC — October 20, 2015 — Genesis LAPCEI Signed — reading text

precedence as follows: (a) an individual Task Order subject to the conflict, (b) this Agreement, and (c) the Contract's terms and provisions. 11.19. Publicity. CONSULTANT shall not disclose the CLIENT's name or the nature of its services being provided under any Task Order, or engage in any other publicity or public media disclosures with respect to its services to be performed under this Agreement or under any Task Order without the prior written consent of CLIENT. 11.20. Performance Evaluation. At the end of the contract period, the CLIENT will evaluate the CONSULTANT’S performance. This evaluation will become public record. 11.21. Representatives. 11.21.1. The authorized representatives of the CLIENT shall be: Name: Jason Autrey, P.E. Title: Public Works Director Company: Okaloosa County Public Works Address: 1759 S. Ferdon Blvd. Crestview, FL 32536 Telephone: (850) 689-5772 Facsimile: (850) 689-5715 E-Mail: jautrey@co.okaloosa.fl.us 11.21.2. The authorized representative for CONSULTANT shall be: Name: William H. Klepac, P.E. Title: Vice President Company: Genesis CEI Services, LLC Address: 1697 East James Lee Blvd. Crestview, FL 32536 Telephone: (850) 689-4428 Facsimile: (850) 689-3944 E-Mail: wklepac@genesiscei.com 11.22. CONSULTANT’s Personnel at Construction Site. 11.22.1. In the event the presence or duties of CONSULTANT's personnel is necessary pursuant to a Task Order at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or CONSULTANT's personnel in any way responsible for those duties that belong to CLIENT and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work. 11.22.2. CONSULTANT and CONSULTANT's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except CONSULTANT's own personnel. 12/20  TASK ORDER AGREEMENT FOR CONSULTANT SERVICES (LAP CEI CONTINUING SERVICES AGREEMENT) 11.22.3. The presence of CONSULTANT's personnel at a construction site is for the purpose of providing to CLIENT a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). CONSULTANT neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. SECTION 12. SPECIAL PROVISIONS, EXHIBITS AND SCHEDULE 12.1. This Agreement is subject to the following special provisions: 12.1.1. Opinions of Cost, Financial Considerations, and Schedules. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate cost or schedule. Therefore, CONSULTANT makes no warranty that actual costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. CLIENT will employ an independent cost estimator, contractor, or other appropriate advisor if CLIENT requires greater assurance as to any element of cost, feasibility, or schedule. 12.1.2. Advertisements, Permits, and Access. Unless otherwise agreed to in the Task Order , CLIENT will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULTANT's services or Project construction. 12.1.3. CONSULTANT’s Deliverables. CONSULTANT’s deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer-generated drawing files furnished by CONSULTANT are for CLIENT’s convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 12.1.4. Legal Assistance. The Scope of Services in this Agreement does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CLIENT. All such services required or requested of CONSULTANT by CLIENT, except for suits or claims between the parties to this Agreement, or where both are parties to a suit or claim, will be reimbursed as mutually agreed, and payment for such services will be in accordance with a separate Task Order. That, CLIENT will pay CONSULTANT for labor and expenses incurred in satisfying the requirements and assisting in any audit required by CLIENT, the United States Environmental Protection Agency, and Comptroller General, the United States Department of Labor, the State Regulatory Agency or any of their duly authorized representatives unless the necessity of the audit is caused by CONSULTANT’s negligence. The basis of payment will be defined as a Task Order to this Agreement. SECTION 13. ATTACHMENTS, SCHEDULES, AND SIGNATURES 13.1. This Agreement, including its attachments and schedules, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. Attachments included are: 13.1.1. Exhibit A – Hourly Rate Schedule for Professional Consulting Engineering Services to Okaloosa County Board of County Commissioners. 13.1.2. Appendix I – Federal Requirements, Forms & Certifications for Local Agency Contracts. 13/20  TASK ORDER AGREEMENT FOR CONSULTANT SERVICES (LAP CEI CONTINUING SERVICES AGREEMENT) EXHIBIT “A” Genesis CEI Services, LLC CONTRACT RATES (2015 – 2020) Classification Hourly Rates Senior Project Engineer $145.00 Construction Project Administrator $110.00 Assistant Project Administrator $80.00 Senior Construction Inspector $75.00 Construction Inspector $60.00 Contract Support Specialist $80.00 Associate Contract Support Specialist $60.00 Resident Compliance Specialist $55.00 Senior Plant Inspector $62.00 Clerical / Administrative $45.00 19/20  TASK ORDER AGREEMENT FOR CONSULTANT SERVICES (LAP CEI CONTINUING SERVICES AGREEMENT) EXHIBIT “B” TASK ORDER APPROVAL FORM CONTRACT #: _________ TASK ORDER #: TASK ORDER AMOUNT: $_________________________ OFFERED BY CONSULTANT: FIRM’S NAME REPRESENTATIVE’S PRINTED NAME SIGNATURE TITLE DATE RECOMMENDED FOR APPROVAL APPROVED BY OKALOOSA COUNTY (Department Director) (Per Purchasing Manual)  $25,000 or less approved by Purchasing Director  Between $25,001 and $50,000 approved by Purchasing Director and County Administrator  In excess of $50,000 approved by the Board. SIGNATURE PURCHASING DIRECTOR TITLE DATE DATE COUNTY ADMINISTRATOR (if applicable) CHAIRMAN (if applicable) DATE DATE 20/20  APPENDIX I FEDERAL REQUIREMENTS, FORMS & CERTIFICATIONS FOR LOCAL AGENCY CONTRACTS  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34 PROCUREMENT DISCLOSURE OF LOBBYING ACTIVITIES 04/14 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan Year: Quarter: e. loan guarantee Date of last report: f. loan insurance