Okaloosa County BOCC — October 20, 2015 — HDR LAPCEI signed — reading text

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” HDR Construction Control Corporation CONTRACT RATES (2015 – 2020) Classification Hourly Rates Senior Project Principal $184.00 Construction Contract Administrator $121.50 Senior Construction Inspector $80.00 Construction Inspector $60.00 Clerical / Administrative $50.00 Senior CADD Designer $72.00 CADD Designer $67.50 CADD Technician $54.00 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 375-030-50 PROCUREMENT CONFLICT OF INTEREST CERTIFICATION 01/12 SELECTION COMMITTEE I certify that I have no present conflict of interest on the projects identified below, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation of any consultant/contractor/vendor for selection on any contract if I have a conflict of interest or a potential conflict of interest. As set forth in Sections 112.313 and 334.193, Florida Statutes, employees of the Department may not have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or accept any obligation of any kind which is in conflict with the proper conduct of their duties in the public interest. I recognize that employees are expected to honor the ethical obligations inherent in public service. These obligations go beyond mere legal obligations and demand from the employee a greater sensitivity to his or her conduct, as well as the public's perception of such conduct. Employees are expected to safeguard their ability to make objective, fair, and impartial decisions, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Employees should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I realize that violation of the above mentioned statutes would be punishable in accordance with Section 112.317 or Section 334.193, Florida Statutes, and could result in disciplinary action by the Department. Project Description(s): Selection Committee Members: Each undersigned individual hereby attests that he/she has no conflicts of interest related to the procurement(s) identified above, or the entities evaluated or selected for the project(s). Date: Printed Names Signatures Page A2  375-030-34 PROCUREMENT