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Item C38Meeting Date: May 21, 2014 Division: Public Works/Engineering Bulk Item: Yes X No Department: Engineering Services AGENDA ITEM WORDING: Approval of task order with CDM Smith, Inc. for engineering design and permitting services for Key Largo (Sexton Cove) Roadway and Drainage Improvements project. The task order is being awarded under the On Call contract for Professional Services. ITEM BACKGROUND: The Sexton Cove subdivision in Key Largo has been identified by the County's Asphalt Pavement Evaluation and Management program as an area of poor pavement condition and requiring drainage improvements. PREVIOUS RELEVANT BOCC ACTION: BOCC approved a Contract with IMS Infrastructure Management Services for Asphalt Pavement and Management Services at the March 2013 meeting. BOCC approved the On Call contract for Professional Services between County and CDM Smith, Inc. at the January 2014 meeting. CONTRACT/AGREEMENT CHANGES: As outlined in task order. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST:260,306.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year P- APPROVED BY: County AO. OMBit, IPL1111, �'ing _ is Management' Included X Not Required 1i- 6 11 CONTRACT SUMMARY Contract with: CDM Smith, Inc. Contract # Task Order Effective Date: 5/21/2014 Expiration Date: Contract Purpose/Description: Task Order under On Call contract for Professional Services for engineer . ng &i and permitting services for Key, _qL_ g _1,1 C I-argo (Sexton Cove) Roadway ',111d Dt-ZlillIL Improvements Project Contract Manager: Judy Clarke 4329 E S (Name) (Ext.) (Department/Stop I for BOCC meeting on 5/21/2014 Agenda Deadline: 5/6/2014 CONTRACT COSTS Total Dollar Value of Contract: $ 260306.00 Current Year Portion: $ 195,229.50 Budgeted? Yes o No 0 Account Codes, 30'1 d, QQ - 5(t� --C—A 14 0 1 -5-20 Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ r For: (Not included in dollar value above) i eg, 111au ttemince, utili I ics, J'all iturial. Salaries. etc. I - — — — — — CONTRACT REVIEW Date In Division Director' Changes Neede� Yes L1 NoEfl Revjew Date Out Risk Management Yes O NoET 1- 4 1lt O.M.B./PurAasiing YesD NuZ County Attorney 7z YesE] NoL,8j f) o- Comments: ANT511.2ro "I, 'WWWWW"WHIELTILM 9 • i iiNil e 1fi 2.0 CONSTRUCTION DOCUMENTS 2.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of ; and Specifications setting forth in detail thc requirements for the construction of the project. Construction documents shall conform to the standards contained in the following: Sexton Cove CDM Smith, Inc. May 21, 2014 Page I of 6 Florida Department of Transportation Roadway Plans Preparation Manuals http_://www.dot.state.fl,us/rddesign/PPMManual/PPM.shtm 2. Florida ❑epartment of Transportation Design Standards httr)://www.dot.state.fl.us/rddesign/Desiangtandards/Standards.shtm 3. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways htty://www.dot.state.fl,us/rddesign/FloridaGreenbook/FGB.shtm 4. Florida Department of Transportation Surveying Procedure httr)-://www2.dot.state.fl.usloroceduraIdOCL$mentstprocedures/bin/5500 5. Florida Department of Transportation Drainage Manual http://www.dot.state.ft.us/rddesign/dr/files/2008Draina,geManual.pd 6. MUTCD http://mutcd.fhwa.d.ot.,g,ov/ 7. American Disabilities Act http://www2.dotstate.ft.us/proceduraldocuments/procedures/bin/6250200 15mdf 8. Florida Department of Transportation Flexible Pavement Design Manual http://www.dot.state.fl.usl avementman ageme nt/P U BL I CATI 0 NS.s htm 9. Florida Statutes http:l/www.Iect.state.fl.us/Statutes/index.cfm?Mode=View%2OStatutes&Su bmenu=l&Tab=statutes&CFID=14677574&CFTOKEN=80981948 2.2. The Consultant shall provide Drawings and applicable Technical Specifications • the County's review. 2.3 Upon completion of the • Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County 3 sets of Construction Documents that have been signed and sealed by the Engineer. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. 2.4 The Consultant shall assist the County in the preparation of the necessary bidding information for the production • bidding • the Conditions of the • and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions • the Contract, and Forms of Agreement. 2.5 The Consultant's construction documents (plans, specifications, etc) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining SFWMD Sexton Cove CDM Smith, Inc. May 21, 2014 Page 2 of 6 permit requirements and will conduct a pre -application meeting with SFWMD t# coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agency. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then th,-. Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are change4 during the course of the project. 2.6 The County shall be responsible for the timely submittal of all permit applicatior fees. r.7 At the 60% and 100% design phases the Consultant shall provide drawings and i,ther documents which depict the current status of design for the County's review and information. The Consultant shall provide an estimate of anticipated construction costs 2nd construction schedule. 2.8 As needed, the Engineer will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. To satisfactorily perform the Construction Documents phase requirement, tht; Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists of Key Sheet (1), Typical Section Sheets (12), General Notes (1), Pay item s/Q ua ntities (1), Drainage Details (1), Roadway Resurfacing Plan Sheets (1 per road), Roadway Reconstruction Plan/Profile Sheets (3 per road), Cross Sections along Grassy Road (15 sections) and Pavement Marking Plans (1). 3.2 Specifications — For general specifications, Monroe County technical specifications, revised and updated by consultant will be used. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 11111IMP! !11 ''1 11 : I I 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordancz, with the Construction Documents. El K16ei nmeiffl Contemporaneously with the submission of the Design, the Consultant shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. Sexton Cove CDM Smith, Inc. May 21, 2014 Page 3 of 6 41 The Construction Coot shall bethe total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 4.2 The Construction Cost shall include the cost at current market rates of labor and nnoteho|a and Equipment designed, specified, selected or specially provided for bvthe Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation ofthe Consultant and the sub -consultants, the costs of land, hghts-of-xvov, financing orother costs which are the responsibility of the County. Construction Phase services will beincluded infuture task orders. Article ViN, Paragraph 7'1 Na amended to include the following: The Consultant shall be paid monthly; the following lump sum amounts will apply for each task (except where noted): Tash1: Data Collection and Pre -Design Evauatmn $ 31,221.00 Taeh2: Design and Plans Production $110,116.00 Task 3:Permitting (Not toExceed) $ 10,484'00 Task 4:Engineering Services During Construction (Not boExceed) $ 17,302-00 Task 5:Meetings, Project ManagennentandOuoUb/Cnntro| $ 21,582'00 Other Direct Costs (Not toExceed) $ 10,100'00 Geotechniom|EnQ|neerin0 $ 7,660'00 Topographic Survey $ 51,841'00 Total $ 260,306.00 Article IX Miscellaneous, Paragraph 9-21 is amended to add the following: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws ofthe State ofFlorida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required byMonroe County inorder toperform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (o) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by |oxv. b8 Meet all requirements for retaining public records and transfer, atnocost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt orconfidential and exempt from public records disclosure requirements. All records stored electronically Sexton Cove CDM Smith, Inc. May 3l.2O/4 Page 4of6 aiwAA,e Anw4zl 'U: M*mie 9twky in 2 fwir.2�-t,2t i--AtW2�tr technology systems of Monroe County. Owl ;troject. Sexton Cove CDM Smith, Inc, May 21, 2014 Page 5 of 6 duyr,f, ceftj Tty authorized representative. Consultant : 7/.I Si re 47 Title (SEAL) Attest: Amy Heavilln, Clerk By: Deputy Clerk Date: Q T- &6ature Dati MONROE COUNTY ATTORNEY ASSIS I -AN :-V ATTORNEY Date •-40,ift - ---- — --- . MMVT;�-� This Authorization, when executed, shall be incorporated in and become part of the Agreement for Professional Services between the Monroe County (COUNTY), and CDM Smith Inc. (CONSULTANT), date;i January 16, 2014, hereafter referred to as the Agreement. COUNTY has requested that CONSULTANT provide engineering design and construction administration Estates subdivision in Key Largo, Florida. w Evaluate the subdivision roads to determine the appropriate rehabilitation method (resurfacing, widening, reconstruction) • Design ofappropriate rehabilitation method and associated drainage • Preparation of contract documents and technical specifications in coordination with standard County specifications and bid requirements * Permitting of project with South Florida Water Management District (SFWMD) • Provide support during construction in responding to contractor needs and inquiries • Assistance with project close-out TASK 1.0 — DATA COLLECTION & PRELIMINARY DESIGN EVALUATION Subtask 1.1 Data Collection and Field Investigation The CONSULTANT will review documents provided by the COUNTY, such as Geographic Information Systems (GIS) data and Pavement Assessment Reports. and utility) staff on the same day as the kick-off meeting to gather data and identify potential problem locate utilities in the roadway. The CONSULTANT will take notes and photographs during the field investigation to document observations, discussions, and recommendations. The CONSULTANT'S drainage designer will also attend the field investigation to assess existing drainage patterns and identify potential locations for exfiltration trenches. The CONSULTANT will evaluate the data obtained to determine the appropriate method of rehabilitation for the following roads: Bunting Drive, Cormorant Drive, Eagle Drive, Flamingo Road, Grassy Road, Osprey Drive, Pelican Road, Pigeon Drive, Sexton Cove Drive, Snipe Road, Swallow Road, and Mockingbird Road. Rehabilitation methods include milling and resurfacing of streets in good condition or reconstruction of streets showing evidence of pavement failure or flooding. The CONSULTANT will recommend a rehabilitation method for each street or logical segments of each street for review and approval by the COUNTY. For purposes of this scope of services, it is assumed that 12 roads will be improved: six (6) roads will be resurfaced and six (6) roads will require reconstruction. In addition, Flamingo Road and Grassy Road will widened by one foot on each side to provide a 20-foot pavement width. The CONSULTANT will prepare a conceptual drainage plan outlining the locations of ditch grading improvements and exfiltration trench locations. The plan will be based on drainage needs cletermin during the field review and SFWMD permitting requirements for the roadway portions to be reconstructed. i as practical: Reconstruction of Grassy Road from Largo Road to the north end, a distance of approximately 1,500 feet, to raise it above the existing grade to alleviate flooding conditions currently experienced during extremely high tides. The road will be raised to provide level of service performance for the 5-year / 1-day storm in accordance with the Monroe County Comprehensive Plan and as discussed in Subtask 2.2 Drainage Design, below. EMR�� 11 1111 , 0 . a 0 4 0 0 Reconstruction of roads with evidence of structural failure E��= = The drainage design tasks will include the following elements: The ditch conveyance systems throughout the project alignment will be designed to provide 0.3 feet of freeboard above the normal depth for the 5-year / 1-day storm. The ditches will be designed assuming free discharge conditions using the mean high tide as the tailwater for surface water discharges or the normal groundwater elevation for groundwater discharges. Exfiltration trenches will be provided throughout the project as needed to facilitate positive drainage and to meet SFWMD permitting requirements. The existing seepage trenches will be replaced with exfiltration trenches. The exfiltration trenches will be detailed in the plans and supporting calculations will be provided in the Drainage Design Report. CONSULTANT will determine the horizontal extent of underground utilities including water and sewer at the proposed exfiltration trench locations. CONSULTANT will locate the trenches to minimize utility impacts. CONSULTANT will provide design details for utility relocations as required. The vertica'. extent of the underground utilities will not be obtained for this project. C IfMl m ir ith Page 2 of 6 05/05/14 linage a� included in the Conceptual Design submittal. The final proposed drainage improvements will be included in the construction plans with supporting documentation provided in the Drainage Design Report. specifications. The plans will include the following major elements: • Key Sheet (1) • Typical Section Sheets (1 • General Notes (1) 1 • Pay Items/Quantities (1) 1 • Drainage Details (1) • Roadway Resurfacing Plan Sheets (1 per road) • Roadway Reconstruction Plan/Profile Sheets (3 per road) • Cross Sections along Grassy Road (15 sections) • Signing and Pavement Marking Plans (1) -me 6=110=114 • Three (3) copies of conceptual design sketch and project approach/criteria memorandum • Three (3) copies of 90% Construction Documents (plans, technical specifications, preliminary drainage design report); • Cost estimates at 90% and 100% • One (1) electronic copy of 100% Construction Documents (plans and technical specifications) with Draft Environmental Resource Permit (ERP) application package • One (1) electronic copy of Final Environmental Resource Permit (ERP) application package • Three (3) signed and sealed sets of 100% Construction Documents (plans and technical specifications) for the County's files. 11110[ci uornif a 11 - r�! A "1 1 1 h -1 proposed roadway improvements described herein. It is assumed that the ERP requirements will include water quality treatment for the portions of roadway that are being reconstructed. This task includes the following items: At the onset of the project, the CONSULTANT will conduct a pre -application meeting withs SFWMD to discuss the project and finalize the project criteria. The meeting minutes will prepared and delivered to Monroe County and SFWMD. i CONSULTANT will prepare a draft ERP application package to be provided to Monroe County for review, comment and signatures. This package will include the Drainage Design Report referrei to in Task 3.0 above. CONSULTANT will electronically submit the ERP application to SFWMD. CONSULTANTwill ixi,1e_C_tRWoc1A,1 #f services. C-fM_ r mith Page 3 of 6 05/05/14 TASK 4.U-GENERAL ENGINEERING SERVICES DURING CONSTRUCTION 6ubtash4'1Shop Drawing Review The CONSULTANT will review and approve shop drawings that the contractor is required to submit. Subtask4'2 RR Responses The CONSULTANT will review requests for information (RFI) submitted by the Contractor and provide responses. Subtask4'3 Plan Revisions The CONSULTANT will prepare and submit up to three (3) plans revisions to address minor design changes as a result of unforeseen field conditions or approved Contractor recommendations. TASK 5'O-MEETINGS, PROJECT MANAGEMENT AND QUALITY CONTROL Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and the COUNTY's requirements. Specific activities included are identified below: CONSULTANT will prepare for and conduct a brief kick-off meeting for the projectwith County staff hz review the scope of services, schedule and budget, and discuss initial design issues/preferences and gather any additional available data. CONSULTANT will prepare and distribute draft and final meeting minutes toall attendees. Subtask5'2Project Management CONSULTANT's project manager will prepare and submit monthly written status reports for an anticipated project life of 19 months. This task also includes monthly project status review management meetings, and periodic progress internal team meetings. Subtask 5'3 Project Quality Control (QC)Technical Review CONSULTANT maintains a Q[ program on all ofits projects. Technical Review Committee (FRC) meetings are budgeted for and will be performed before submitting the deliverables. The above described engineering services have been based upon the following assumptions: 1. The COUNTY will make the existing information available to the CONSULTANT in a timely fashion. 2. The COUNTY will utilize its boilerplate front-end contract documents for bidding. If the CONSULTANT believes that significant changes or supplemental conditions are required to the l ��Nth Page 4ofO 05/05/14 provide a separate proposal for an amendment for additional scope and compensation. 3. The COUNTY will provide review comments within two weeks of delivery of submittals requested to be reviewed. qipliiiil S. Permits other than SFWMD are not anticipated to be required for this project. If any other permits become required over the course of the project, they may be completed with additional scope and CONSULTANT services for SFWIVID and Contractor request(s) for information are generally limited those items covered within the scope of services provided here -in. Additional items, such as stor water treatment facilities (ponds) and storm sewer design are not included within this scope of services and will require an addendum to this contract. I 9. The as -Built survey to be used by CONSULTANT for the SFWMD as -built certification is to be provided by the Contractor. CONSULTANT will submit the as -built certification to SFWMD for transferring the environmental resource permit to the operations phase. Any additional project requirements or as -built survey revisions requested by SFWMD will be the responsibility of the DELIVERABLIES CONSULTANT will provide the following deliverables tothe OWNER: • Kick-off meeting minutes toall attendees (e-msi|edinAdobe' PDR • SFVVMD pre -application meeting minutes Conceptual design sketch to be included on 11x17 sheets with aerial background. The design sketch will include proposed limits of reconstruction, widening, and milling & resurfacing, as well as the proposed exfiltration trench locations and ditch upgrades. Electronic delivery of the 90% design documents including, opinion of probable cost, draft specifications, 90% plans and preliminary drainage design report Three (3) hard copies (signed and sealed) and one (1) electronic copy of the 100% design package include updated 100% cost estimate and the Draft Permit Application package i • One (1) hard copy and one (1) electronic copy of final permit application package to include Drainage Design Report and application forms • Project meeting minutes (e-mailed in Adobe' PDF) • Shop drawing review transmittals and responses TOM Page 5 of 6 05/05114 • CONSULTANT project documentation for close-out • Monthly status reports (e-mailed in Adobe' PDF) CONSULTANT shall commence work within seven (7) calendar days after issuance of a written notice -to - proceed from the COUNTY and the kick-off meeting will be scheduled within seven (7) calendar days of notice to proceed. A project schedule will be submitted to the COUNTY at the kick-off meeting and updated monthly. The total time allowed for completing the CONSULTANT's design services required under this Task Assignment is anticipated to be 9 months. For the Basis Services performed under the Scope of Work, the COUNTY agrees to pay the CONSULTA the lump sum fee of $260,410, partial payments to be made on a monthly basis in proportion to the percentage of work completed. For invoice purposes only the value of each task is as shown in Table I CONSULTANT will submit invoices on a monthly basis along with written monthly status reports. Li - 4 1 Task No. Description Value 1.0 Data Collection & Preliminary Design Evaluation (lump sum) 31,221 2.0 Design and Plans Production (lump sum) $110,116 3.0 Environmental Resource Permitting (not to exceed) $ 10,484 4�O General EnRineering Services During Construction (not to exceed) $ 17,302 5.0 Meetings, Project Management and Quality Control (lump sum) $ 21,582 Outside Professionals (lump sum) $ 59,501 Other Direct Costs (not to exceed) $ 10,100 iTOTAL TASK AUTHORIZATION $260,306 CDM_ Smith Page 6 of 6 05/05/14 Geotechnical & Construction Materials Engineering, Testing, & Inspection Nulaing Environmental Services EngineersOffices throughout the state of Florida of Florida Inc. I Established 1967 www.nuttingengineers.com info COnuttingengineers.com De Your Project is Our Commitment March 26, 2014 (Revised April 21, 2014) CDM Smith 709D Windsor Lane XP4AALe_q_Ebrk[a_� Attn: Mr. John Mafera Miami Dade County Tier 2 CBE Palm Beach County SBE SFWMD SBE for Federal Projects 321-431-7029 Email: maferajl@cdmsmith.com Re: Proposal/Agreement for Asphalt Pavement Monitoring and Testing Services Sexton Cove Estates Key Largo, Florida Dear Mr. Mafera: Nutting Engineers of Florida, Inc. (NE) is pleased to present this proposal/agreement for performing asphalt pavement testing services for the above referenced project. We understand that plans include milling and re -surfacing the asphalt pavement areas, with some areas extending the pavement approximately one to two feet beyond the existing asphalt limits. During the placement of the asphalt within the roadway areas, specific field testing is needed to verify the work is performed in accordance with the project specifications and standard practices. Seepage trenches will also be excavated as part [01•�_o 0 M Zn M0111 Based on your request for proposal and our understanding of the project to date, we have prepared the following scope of work and fee schedule. �f 11111�041�1 91104 We will collect bulk soil samples of material immediately adjacent to the existing asphalt pavement to determine the Limerock Bearing Ratio (LBR) of the material to determine its suitability for use as basecourse material. In addition, just after the placement and compaction of the asphalt, we will core the asphalt at twenty locations to determine the thickness of the placed asphalt. The cores will be patched with 'cold patch'. If other methods of patch are needed, the patch should be performed by others. In order to help determine the drainage characteristics of the near -surface soils, we propose to perform six "Usual Open -Hole' exfiltration tests in general accordance with South Florida Water Management District specifications to a depth of ten feet. We will calculate the hydraulic conductivity (K-value) based on the results of the exfiltration testing. 2051 NW 112 th AVENUE - MIAMI, FLORIDA 33172 - 305-824-0060 - FAX 305-824-8827 St. Lucie 772-408-1050 - Broward 954-941-8700 . Palm Beach 561-736-4900 DCM Smith Sexton Cove Estates Asphalt Monitoring and Testing Page 2 of 4 Fee Schedule The above scope of work will be performed for an estimated cost of $7,660.00 based on the following unit rates and quantities. Mobilization of equipment and crew 3 @$6OOJU0each | $1,8B00.00 Exfiltration Tests Asphalt Coring 20x$75.00/cone $2,500.00 Lirnerockbearing ratio /L8R\tests 2tests x$25O.00/eut $600.00 Laboratory moisture density Proctor test 2tests x$12O.O0/test $240.00 Project Engineer — Site visits, meetings, report preparation, review and sign test reports, project management 8hours x$1OO.00/hour $800.00 C|erico|/DraftinQServices 3hours x$4O.00/hour |$120.00 Estimated cost of Soil/Asphalt Testing I $7,660.6jk The above items and costs are estimated based on our general understanding of the project. The final cost will bebased onactual project schedu|ingandotherissuesbeyondourozntro|,andcou|dbennore or less than indicated. You will be charged only for tests performed. For time over eight hours on a normal work week day, or any time on weekends and holidays, the unit rates will be increased by 1.50. Note that NE is not responsible for means and methods of construction or project site safety, which are the responsibility ofothers. NE has been offering 0eotechnica| engineering, environmental sciences materials testing, and structural inspection services for over 47 years in South Florida during which time we have worked on many similar projects. Our commitment to practical, cost effective solutions supported by responsive client services distinguishes our firm and enables us to solve your most demanding technical challenges. Another value added component NE brings to your project is our staff ofapproximately fifty experienced professionals including @eotechnioa| engineers, licensed structural inspectors, and field personnel who are certified and have been trained to provide a wide range of consulting services, and our dedicated administrative staff. 205zNxwzz2*AVENUE '80!AM|'FLORIDA 33172 ' 305-824-0060' FAX 305-824-0827 DIEM Smith Sexton Cove Estates Asphalt Monitoring and Testing Page 3 of 4 Our laboratory is checked annually by the Construction Materials Engineering Council (CMEC) and is Ue. r t?ft 4! t f aol i-trcilcejliw�3�sMrg FeAwii�-rrmn-i of Transportation (FDOT). Thank you for providing us the opportunity to present this proposal/agreement. We look forward toc working with you on this and future projects. Respectfully submitted, gj2f, Paul Catledge, P.E. Senior Geotechnical Engioem Director of Engineering Reports and invoices will be addressed to the client as listed below unless other instructions are provided in writing with this executed proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and agrees to be bound by the terms and conditions contained in this proposal. Deposit amounts are collected at time of written authorization to proceed. If you are a first time client, we request that the balance due for these services be paid at the time of report completion. Once your account is established, our terms are net 30 days. Any invoices over 30 days will be assessed a 11/2 percent service charge per month until paid in full. SIGNATURE: PRINT NAME: COMPANY NAME: ADDRESS: PHONE: EMAIL: CDM Smith Sexton Cove Estates Asphalt CMT M TITLE: General Terms and Conditions For the purpose of this project, the addressee of this proposal will be known as the Client. The client is expected to furnish NUTTING ENGINEERS OF FLORIDA, INC ('NE"), with accurate information including sketch of survey and/or site plan, construction drawings/specifications as appropriate, details of proposed construction including the proposed structural system and loads or existing construction problem information and site accessibility information as appropriate. Other information requirements may be detailed in the enclosed proposal. IF ANY CONDITIONS CHANGE such as building layout, loading, project specifications/design, or unusual site conditions are observed, NE should be notified immediately in writing about the changed condition for possible review and comment, Delivery — Scheduled upon receipt of written authorization to proceed and deposit unless other arrangements are agreed to in writing. Additional report copies can be provided for a nominal fee to the Client. BE will exercise appropriate measures to ensure project completion within a reasonable time frame subject to existing workloads. However, BE will not be held responsible for unavailability of necessary project data and site access within the time frame agreed upon for the investigation. Project delivery may be delayed if the ENTIRE signed proposal and deposit are not received in a timely manner. The ENTIRE signed quotation should be returned along with the requested project information. This unsigned proposal is valid for 60 days, - , Payment No deposit required with signed agreement. Directing NE to proceed with the work shall constitute acceptance of the terms of NE's proposal and these General Terms and Conditions. Balance due upon delivery of report. Interest at the rate of 181 per annum, or the highest rate allowable by law whichever is less, will be added to all amounts not paid within 30 days after date of invoice. Ail attorney fees and expenses associated with collection of past due invoices will be paid by Client Insurance— BE maintains Workers' Compensation and Employer's Liability Insurance in conformance with state law In addition, we maintain Comprehensive General Liability Insurance and Automobile Liability insurance with bodily injury limits of $1,000,000.00 and property damage limits of $1,000,000ML A certificate of insurance can be supplied evidencing such coverage which contains a clause providing that fifteen days written notice be given prior to cancellation. Right -of -Entry - Unless otherwise agreed, Client will furnish right -of -entry an the property for NE to make the planned borings, surveys, and/or explorations. HE will not be responsible for removing fences, earth berms, vegetation or other obstructions for purposes of our investigation. BE will take reasonable precautions to minimize damage to the property caused by its 2051 NVIB 112 th AVENUE - MIAMI, FLORIDA 33172 - 305-824-0060 - FAX 305-824-8827 St. Lucie 772-408-1050 • Brossard 954-941-8700 - Palm Beach 561-736-4900 DCM Smith Sexton Cove Estates Page 4 of 4 equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. If Client desires to restore the property to its former condition, NE will accomplish this and add the cost to its fee. Client agrees to waive all claims arising from or related to the failure to provide BE with proper access to conduct its work. Damage to Existing Man-made Objects - It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to routes of access, field tests, sampling, or baring locations. When cautioned, advised or given data in writing that reveal the presence or potential presence of underground or over -ground obstructions, such as utilities, septic tanks, etc., BE will give special instructions to its field personnel. In addition, Client waives any claim against BE arising from damage to existing man-made objects. Warranty and Limitation of Liability - ME shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the some or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and BE is promptly notified in writing prior to one year after completion of such portion of the services, BE will re -perform such portion of the services, or if re -performance is impracticable, NE will refund the amount of compensation paid to BE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the Findings made or by any representations made regarding the services included in this agreement. in no event shall BE or any of its professional employees be liable for any special, indirect, incidental or consequential loss or damages, including but not limited to impact and delay claims- The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. At additional cost, Client may obtain a higher limit prior to commencement of services. WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Indemnification — Client agrees to defend, indemnify and save harmless NE from all claims, including negligence claims, suits, losses, personal injuries, death and property liability resulting from NE's performance of the proposed work, whether such claims or damages are caused in part by NE, and agrees to reimburse NE for expenses in connection with any such claims or suits, including reasonable attorney's fees Client's obligation to indemnify is limited to $2 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by NE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any Sampling or Testing Location - Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests, Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others and/or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. It is understood that all drilling locations are accessible to conventional truck mounted drilling equipment unless otherwise specified by the client, If unscheduled remobilizations or use of portable or all terrain equipment is required additional charges will apply. BE will attempt to clear utilities at our excavation/test locations by manual drilling to 3' below land surface (BLS). Any utilities/obstructions present at client specified test locations or below 3' BLS will be the responsibility of the client. Sample Handling and Retention — Generally soil test samples are retained for approximately three months after which time they will be discarded unless written instructions to the contrary are received from the client. LegalJurisdiction -The parties agree that any actions brought to enforce any provision of this Agreement shall only be brought in a court of competent jurisdiction located in Palm Beach County, Florida. Any and all causes of action arising out of NE's performance of the Work, including but not limited to claims for indemnity, contribution and equitable subrogation, shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than the date of NE's last invoice for the Work performed hereunder, Force Majeure - BE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of God, actor omission of subcontractors, carriers, client or other similar causes beyond its control. Documents - NE shall be entitled to rely upon the accuracy and completeness of all surveys, reports and information furnished by the client. If conditions different from those described in our report are found at the site, BE should be notified in writing immediately upon discovery, NE reserves the right to revise conclusions and recommendations presented in the final report should additional information regarding the project become available. All permits will be obtained by others unless otherwise specified in this proposal or in writing to NE. BE has no liability for consequences of information not provided or unavailable or otherwise not reviewed or known from the normal sources customarily examined by SHE in such investigations within the time frame allowed for this investigation under this agreement. The client, entities identified in writing on the address portion of our report, design team professionals engaged by our client and building official staff are entitled to use and rely upon NE'S reports for purposes of the current project. Other parties are not authorized to use or rely upon NE'S reports unless ME so states in writing. BE - General Contract Terms and Conditions Sept 2013 /rl AVIROM & ASSOCIATES9 INC= SURVEYING & MAPPING Mr. Nick Benedico, P.E. CDM Smith 2301 Maitland Center Parkway, Suite 300 Maitland, F1, 32751 VIA e-mail: BenedicoNA,1i�CDJ14Smith,cmn RE: Grassy Road, Sexton Cove Estates, Key Larpo, Monroe Councl Topographic Surveying Services — Revised 4 A WMIRM In accord with your request, the following proposal for the above referenced project is submitted for your consideration: The topographic survey limits shall be along 12 streets with an approximate total length of 12,500 linear feet. The bandwidth shall be within the full width of the right-of-way of each street. I . We shall obtain all recorded plats and right-of-way maps to graphically delineate the platted boundary lines within the digital files. Surveyor shall recover sufficient monumentation in the field to spatially place the plats within the digital file. There is no provision to perforrn boundary surveys or surveys to resolve conflicts,. ownerships or occupation issues relative to the recorded instruments. 2. We shall research the Monroe County Property Appraiser's database to delineate the current ownership lines within our survey. Establish a minimum of twenty (20) National Geodetic Vertical at of 1929 (NV D 29) benchmarks at the site, referenced to a published Benchmark Network by the National Geodetic Survey (NGS). The benchmarks shall also be referenced horizontally to the North American at of 1983 (NA D 83), current adjustment and tied to the National Geodetic Survey Geodetic Control Network. The vertical and horizontal controls (nail & disk) set shall be placed along the topographic route survey. 402 APPELR13UTH LANE, SUITE 2E, KEY WEST, FLORIDA 33045 [3051 294-7770 WWW.AVIROMSURVEY.COM Grassy Road Project Page 2 5/5/2014 Topographic Route -of -Line - Rev. 4 We shall locate all above ground improvements including, but not limited to buildings, top of curb, bottom of curb, flow line, ed" bottom of BZutter, face of walk- and aboy-e_cxround evidence of utility, We will obtain rim elevations, pipe size, material and inverts of sewer and drainage structures where possible. Due to the nature of obtaining the data where the structures are in use, the interination obtained may be the best approximation o f the true measurements. It is the za-tms4i d?zirirrgs GI other resources prior to construction. 4. Utility locations will include fire hydrants, water valves, meter boxes, vaults and electrical outlets, power poles and overhead wires, We will locate wells, main irrigation valves, but will There is no provision ffir the c.rrrrtcrrkl,l lrohin rOrlocalion Ofunclergroulut 111ifilies, struelar This propoxyl ilous nol inclu&, the conlraclh g ofan and ely-1-01yul Lailif I - loctiling yer ►Yice it) locate the subsur cc utilities. Sections shall be taken at 100' intervals, including high and low points including significant grade breaks. MEMM, MMIOEM-11� Survey of the horizontal and vertical location ot-21 geotechnicaFb-orings and pavement cores. This item is based on perfort-ning the work in conjunction with the topographic route survey. Additional mobilization costs will incur if this option is exercised after completion of the topographic survey. Two (2) signed and sealed hard copies of the survey shall be furnished to the client, together with an AutoCAD (2013 or lower) digital drawing. The drawing scale shall be at 1 "=20'. I 110 1 M W IMM I We can mobilize within 72 hours from a Notice to Proceed and have the project completed eight (8) weeks after mobilization. No M- Additional services not included in the above scope will be negotiated on an as needed basis and performed at our current hourly rates. Grassy Road Project Page 3 5/5/2014 Topographic Route -of -Lae — Rev. 4 CURRENT HOURLY RATES P.L.S. Technical Coordination $150.00/Hour Survey Crew $125.00/1-l0ur Computer Computations & Drafting $ 85.00/Hour All rates are on a portal to portal basis. Overtime rates may apply after eight (8) working hours and weekends. Invoicing is based on work -in -progress or section complete basis. 11 Invoices bre Ute air rescl v Ch LIN, 11611L L, prints and CAD files to client or client's consultants until payment is made in full. Invoices not questioned by the client within ten (10) days of receipt are assumed to be accepted for payment. If �rtwmlty�avftff (30��Tjs of the invoice date, a late char�Ne may be added to the invoice in an amount not to exceed one and one-half percent (1 1/2%) per month on the outstanding balance. If payment is not received within forty-five (45) days of the invoice date, Surveyor may fees, should such action be required. Thank you for the opportunity to submit this proposal. Should you have any questions, please contact me accordingly. WMMMIM Keith M. Chee-A-Tow, P.L.S. Director of Special Projects MWMW..TARMRM CDM Smith \Keith's Dc)cunieiiislllropc)sa[\Keys\Kcy Largo\CDM Sexton Cove Estates Revision 4 doe IM AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING Mr. Nick Benedico, P.E. CDM Smith 2301 Maitland Center Parkway, Suite 300 Maitland, FL 32751 RE: Grassy Road, Sexton Cove Estates, Key Largo, Monroe County As -built of Water and Sewer at 12 Proposed Exfiltration Trench Locations In accord with your request, the following proposal for the above referenced project is submitted for your consideration: N4181" Provide horizontal survey of utilities (water and sewer) at 12 proposed exfiltration trench locations each being approximately 100 feet long. I . This survey will be perforrned after the review of the topographic survey of the 12 roads and the subsequent design. 2. The client shall have the water and sewer at the 12 proposed exfiltration trenches identified, flagged and marked prior to our mobilization to the site. 3. This proposal does not include the contracting of an underground utility locating service. 5. The location of the underground utilities that have no visible above ground components shall be based upon a combination of visual findings in the field, utility locations provided by the client's utility locating consultant, and information obtained from existing utility records which will be provided to us by the client. There is no provision for the excavation, probing or location of underground utilities, structures or improvements. 6. Utility patches will be located during the course of the topographic survey, showing evidence of underground utilities and combined with the existing utility records provided to us by the client, we will delineate the underground lines. 402 AF-PELROUTH LANE, SUITE ZE, KEY WEST, FLORIDA 33045 [SOS] 294-7770 WWW.AVIROMSURVEY.COM Grassy Road Project Page 2 Water and Sewer Locates IUNMVM�l= 5/5/2014 T—T-5 �ITsignect anct sealect tiarct copies oT Me survey s a e i u—M-7 — Me_c= 7= AutoCAD (2013 or lower) digital drawing. The drawing scale shall be at 1 "=20'. 1110IM01 We can mobilize within 72 hours from a Notice to Proceed and have the project completed two (2) weeks after mobilization. COST: The cost to provide the above surveying services shall be a lump sum amount of $4,16 1.00, based on one mobilization and limited to two days in the field. Additional services not included in the above scope will be negotiated on an as needed basis and performed at our current hourly rates. CURRENT HOURLYRATES P.L.S. Technical Coordination Survey Crew Computer Computations & Drafting $150.00/Hour $125.00/Hour $ 85.00/Hour A] I rates are on a portal to portal basis. Overtime rates may apply after eight (8) working hours and weekends. Invoicing is based on work -in -progress or section complete basis. ►9C,11 All invoices are due and payable in full upon receipt. Surveyor reserves the right to withhold certified prints and CAD files to client or client's consultants until payment is made in full. Invoices not questioned by the client within ten (10) days of receipt are assumed to be accepted for payment. If payment is not received within thirty (30) days of the invoice date, a late charge may be added to the invoice in an arriount not to exceed one and one-half percent (1 1/2%) per month on the outstanding balance. If payment is not received within forty-five (45) days of the invoice date, Surveyor may terminate this agreement or suspend work under the agreement until payments have been made in full. Client agrees to pay all cost of collection, including reasonable attorney's fees, should such action be required. Thank you for the opportunity to submit this proposal. Should you have any questions, please contact me accordingly. MMMI� Keith M. Chee-A-Tow, P.L.S. Dircctor of Special Projects - MM M 110 otd�� 06, F&P txm]H Grassy Road Project Page 3 5/5/2014 Water and Sewer Locates nol" CDM Smith \Kefth's Docurnents\llroposal\Keyo\Kcy Largo\CDM Sexton Cove I JG Locates doe This Agreement ("Agreement") made and entered into this APIPday of J'� 20 141 by and between Monroe County, a political subdivision of the State of Florida, wh66 z. C address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assig�n tT,�! •If ('a] mrrgn2� fit, no j,• CDM Smith Inc., a Corporation of the State of Massachusetts, whose corporate address is One Cambridge Place, 50 Hampshire Street, Cambridge, Massachusetts 02139 and whose office location for work performed is 800 Brickell Avenue, Suite 500, Miami, Florida 3313-1- its successors and assigns, hereinafter referred to as "CONSULTANT", i WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida and WHEREAS CONSULTANT has ai reed to �rovide crofessional services for miscellaneous g0jects in which construction costs do not exceed $2,000,000.00 The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements qtated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1.1 REPRESENTATIONS AiN.D41AW14ATIES By executing this Agreement, 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 CONSULTANT for the Project until the CONSULTANT'S duties 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 documents required by this Agreement including, bull not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards tif his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the COIJSULTA'JT. 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. P�ej El 11111111 11, .7'1� I �, IM4ATIN 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its 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: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County I ,'ifif Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 FW*M OWE= M; ilmm, I glifur 4 imiulrgglAm - TAI�11111112rwr*FWMN rffke `�N 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 •' 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 • to proceed • the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S • 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. ,t.2 The COUNTY shall designate a representative to act on the COUNT'T"s�e alUwfthr�ct 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 •, in the orderly and -• progress • the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. ,t.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 and • 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 COUNTY's criteria, as, and if, modified. No review • such •• shall relieve the • • responsibility for the accuracy, adequacy, fitness, • • coordination • its work product. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will •- provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 6.1 The • covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe • Board of • Commissioners, its • 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, subcontractor(s) and other persons employed • utilized '• the • in the performance of the • 6.2 The first ten dollars ($10.00) • remuneration paid to the • is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 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 • agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S •' 5.3 In the event the completion • the project (to • the • • 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. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the • harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims • action • the • • 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. W4;4461 � I The • shall assign • 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 per -form those • as indicated: NAME FUNCTION I-mado- L. Lizama, RE Officer in Charge John L. Mafera Proiect Manager IGM111111 Myl I FA]1111111190��J, 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANTS performance of this Agreement based on rates negotiated and agreed upon and shown Attachment A. i 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 tho Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward • downward; (B) As a condition precedent for any payment due under this Agreement, the • shall submit • unless otherwise agreed in writing • the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. =H I'll [:III zk--T-1 Reimbursable expenses include expenses incurred by the • in the interest the project: ��l 10 al fingir-Jr- [if [fill 11 11-ir-tv 14 ALM OEM MARY-Tij I Memo KRONA NUMINFlKi M. M - Cost of reproducing maps or drawings or other materials used in performing the scope •' services; I - a it I • 6 - a a 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 fisca' year (October 1 - September 30) by • Board • • Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE Vill 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 CONSULTANT'S failure 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 VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. A. Workers' Compensation insurance as required by the State of Florida, sufficient I respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,0C Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims fc injuries to members of the public and/or damages to property of others arising from us of motor vehicles, including onsite and offsite operations, and owned, hired or nor owned vehicles, with One Million Dollars ($1,000,000-00) combined single limit and Or Million Dollars ($1,000,Ili .00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims fi injuries to members of the public or damage to property of others arising out of ar covered act or omission of the CONSULTANT or any of its employees, agents i subcontractors or subconsultants, including Premises and/or Operations, Products ar• Completed Operations, Independent Contractors; Broad Form Property Damage and Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) pi occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on Claims Made policy, its provisions should include coverage for claims filed on or afti the effective date of this contract. In addition, the period for which claims may t reported must extend for a minimum of 48 months following the termination• expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000-00) per occurrence and Two Million Dollars ($2,III ,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. #loll Lai L-7.&Rl 1010110 V14 1. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. �A :4 1 Lei OR A 1Jj1[-'i6J:4MM0W may be reproduced and copied without acknowledgement or permission of the CO11SULTAUT. and legal representatives of such other party. A reate anj rei ionsnip, con or My rights in favor of, any third party. A. In the event that the CONSULTANT shall be found to be negligent in any aspect 29 service, the COUNTY shall have the right to terminate this agreement after five da written notification to the CONSULTANT. I 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. -.T-" d 91610 is This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. A �,arsin tr affiliat6 wh* has�Aeen �,laceIJM tXe cii;%victe� vext+r list 411twin .2 c*xvictitx- for 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. if freah, I, mnlyu-L- will not violate the Public Entity Crimes Act (Section 287,133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any 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 CONUSULTANT has been placed on the convicted vendor list. 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. 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 five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with M_ G-1-3 j W-ft- 14 1 -• •I • were •.• • the COUNTY. 9.10 SEVERABILITY The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, • and • Each •. represents and warrants to the • that the execution, ♦- and performance • this Agreement have •- • authorized •' all necessary County and corporate action, as required by law. 77-4:4V M Fol ol R11 a a Ms 17.1 V. UPI We n FIGN WiTs FM PMEM I a ME I that all applications, requests, grant proposals, and funding solicitations shall be approved • each •. prior to submission. r'��'���!���l�'���ll�'l��l'�11''11�,�����l�!�!!I���l•'�l� ;�lll � il F!7I11'1Ufl;4 21 =V11=101P ��'Wy M ITM SM"'AW I M "mormm'm t, to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue • issues are still not resolved to the satisfaction • the •. aretrwtry •. &&4g.Wt aze- 1r;'-M-nef]P-&0--M2T •- Xr4Vi1fQf4)--W-. Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 111101NOVA .11011 W11011 1 4 L 1-M NTZI I C 01:1-111 not acqui-I anj IntelFebt, unicirillolia connict in a j manner or begreeTuin i PeFlUFF under this Agreement, and that • interest • each is to perform and receive benefits as recited in this Agreement. 0 F-T-M F-T is e N Pure W of public position, conflicting employment or contractual relationship; and� disclosure or use •c certain information. 9.21 PUBLIC ACCESS. UUMMI SALL)JULA LU Lne PFUT15101­15 •r UndPWU Ff&, rTUn`Ua-0Vd11 J1 I '- " the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation • this provision •, CONSULTANT. s ai an con ra R F", waiver. ■ -cwtside the territorial limits of the COUNTY. Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |ovv except to the extent of actual and brne|y performance thereof bvany participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further. this Agreement is not intended to, nor mhmU it be construed as, authorizing the delegation of the constitutional or statutory duties mfthe COUNTY, except tothe extent permitted bythe Florida constitution, state statute, and case law. No person or entity shall beentitled to rely upon the terms, orany of them, of this Agreement toenforce mrattempt hmenforce any third -party claim orentitlement tmorbenefit of any service or pnogmmrn contemplated heneunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY orany egent, of5cer, or employee ofeither shall have the authority hninform, counsel, orotherwise 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 omnonnunib, in general orfor the purposes contemplated inthis Agreement. CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statemnent, and o Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of truth in negotiation certificate stating that wage rmbmo and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current mtthe time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract pdm* was increased due to inaccurate, |nconop|ete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. . I I i -4 1 1, 1 t6l'i'11610M10 It - 1 4 1 4 a). Appendix I of the FDOT Standard Professional Services Agreement is included as Aftachmenl B. b). The CONSULTANT and any sub -consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub -consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. genaer, nationai ong n, ai I a u 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. II . 0 0 0 - 0 - - - -0. M ' .10 . MAP WOMM31111 IN F-11 01 @'N*T*l M-111 I V� I I I kFKG 111 M I ag a I ar-A V-g I i a a's) A41i I Zzaqj a I( rpj - 1 0 . - 611071-11io I a MM, MR MM 82-7 M 015-WAN-MIG1115ar-mr-Mrs I 6raq Lei IFT-Wil H Muz issfolivir.ji.IFF[DaW " Nfelf-44-iMPA kill Eli*-.= im PIMA E ir.�Jlr-.Er- Lw-A I IQ It W In 61 take, ir. 11 lwd I U MM 1 -2nd Voluntary Exclusion for Federal Aid Contracts are included as Attachment C. 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. [Date: 1.1-7- zo14 M im � W24A—t X-0 M-- 1610IM&I Title: -C, 0 t 114 "OKAS MONROE COUNTY ATTORNEY APPRPYED AS TO FORM: 0-6661A h�- CHRISTINE M. LIM13ERT-BARRO S ASSISTANT COUNTY ATTORNEY Date __aPAW2--- - , qQmAzW= 101010 ll-,Ii I 14 F-I 0 Is :If A I =bli ATTACHMENT r r, r CATEGORIES PROFESSIONALOFFICER lu"1413NME11 CIO ti I" SENIORSUPPORT .Ra FIELD SERVICES SENIOR PROFESSIONAL Rr.r r , r ' fury:W' r \ , , $22.00 20.0 175.0 153.0 137.00 ATTACHMENT B The following terms apply to all contracts in which it is indicated in Section 6.B of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: A. It Is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered Into by the parties hereto with regard to the work to be performed hereunder without the approval of the US. Department of Transportation, anything to the contrary in this Agreement not withstanding. CCompliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, Including procurements of material and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E, Solicitations for Subcontracts, Including Procurements of Materials and Equipment: in 0 solicitations made by lire Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, Including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. Information and Reports: The Consultant will provide all Information and reports required by the Regulations, or directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and Its facilities as may be determined by the Florida Department of Transpnrtatlon. Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant Is in the exclusive possession of another who falls or refuses to furnish this information, the Consultant shall so certify to the Florida Department of Transportation, Federal Highway Administr-atlun, Federal Transit Administration, Federal Avitition Administration, and/or the Federal Motor Carrier Safety Admin;strailonas appropriate, and shall set forth what efforts it has made to obtain the information. G, Sanctions for Noncompliance: In the event of the Consultants noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall Impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancel lation, termination or suspension of the contract, in whole or in part. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions Issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing sucI- provisions, including sanctions for rionnompliance. In the event a Consultant becomes involved In, or is threatened w[0, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department of Transportation to enter Into such litigation to protect the Interests of the Florida Department of Transportation, and, In addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom, Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or Indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall Include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the projects} described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. It is undere lood and agreed that II the Consultant al any tune Teams that the certifies don It provided the ❑ ape riment in comallanoa with 49 CFR, Saclien 26.51, was erroneous when submitted or has become erroneous by reason of chanyell rircLrnstanccs, the Consultant shall provido immediate welltart notice to the Department, it Is further agreed that the clause tlllec "Cediflcation Ro[garding 0nbarmant, 5usponalon. InaligIbiiity and VgGinrary f;mcliision - Lower Tier Covered Transaclion " as set forlh in 49 CFR, Section 29.510. shall be Ineludad by the Ccnsuite nt in ad Iewsr tier covered transactions and in all aforementioned federal regulation. Department, directly or indirectly as an express or implied condition In connection with obtaining or carrying out this contract, to 1 employ or retain, or agree to employ or retain, any firm or person, or 2 pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; Consultanto The - : •: certifies that It has not: a or■: -• • � •• is •`.1 1. 1 `•. 1 :/1 1. 1 • `• ed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person a 1 • 1 out •: or paid, or agreed to pay, to any firm, organization or person (other than a bons fide employee working solely for theM above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring carrying out 1 The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency In connection with this contract involving participation of Federal -Aid funds, and Is subject to applicable State and Federal Laws, both criminal and civil. ATTACHMENT C Feder;l Aid Co'ntracts and belief- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROC J}iEMENT 9ara1 ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 ()) — - • - .:. • ... i . i . 1:.: ! • • �: : .:! — ' -. �. • ' is i : . • •:: - - _ i. was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. WOW Name of Consultant: WC, , By: Imo-° c LA Date: j f • _. Title: 4 (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of dant- By Dale: Authorize ature Title: — I MIMM namr-MOM 1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and/or debarment, 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. It at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participanr, *person', primary covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Appendix B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction®, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the Department may pursue available remedies, including suspension and/or debarment. LIABILITY12113/2013 CERTIFICATE OF INSURANCE DATE(MMIDDIYYYY) o. •iF', i ! AFFORDING■ INSURED INSURER A: Zurich American ins Co cDm Smith Inc. INSURER • ONE ■ PLACE 50 aCAMBRIDGE . ♦ . ff'. Casualty MA 021390000 USA COVERAGES CERTIFICATE E :570052211225 REVISION NUMBER-. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested TNSR TYPE OF INSURANCE ADDL11 INSR yyyO POLICY NUMBER p,IMlOaryt.yy M6 y LIMITS A GENERAL LIABILITY GLO b 1 1 01j01/20151 EACH OCCURRENCE $2,000,000 SIR applies per policy terns & condi ions AG-. - - ....... $300,000 X COMMERC{ALGENERALLIABILITY PREMISES Ea occurzencel CLAIMS -MADE X❑ OCCUR MED EXP (Any one person) $10, 000 PERSONAL& ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN 1, AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $4 , 000, 000 POLICY MPRO X LOG A AUTOMOBILE LIABILITY BAP 6631-18 0101/2014 01/01/2015 COMBINED SINGLE LIMIT a accidard $2 , 000 , 000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) '—' ALL OWNED AUTOS AUTOS PROPERTY DAMAGE X HIRED AUTOS ESCHEDULED NON-OWNED (Per accident) AUTOS c X UMBRELLA LIAB x OCCUR XOOG27373720 01/01/2014 01/01/2015 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS - MADE AGGREGATE $5,000,000 DED X RETENiION$75,000 A WORKERS COMPENSATION AND wc837663319 57 1/2014 1JO1j20is wC STATU- OTH- %( TORY LIMITS ER EMPLOYERS' LI tLITY YIN E L EACH ACCIDENT $1, 000, 000 ANY PROPRIETOR I PARTNER 1 EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N I A E L DISEASE -EA EMPLOYEE 11,000,000 K yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $1, 000, 000 B Archit&Eng Prof QC1401367 O110112014 011011Z015 each claim $3,000,000 SIR applies per policy terns & conch ions aggregate $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Monroe County Board of County Commissioners is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. 1�P Y iN EPFf WAI R NIA E5 CERTIFICATE HOLDER CANCELLATION POLICYPROVISIONS. Monroe County Board of county AUTHORIZED REPRESENTATIVE Commissioners 1100 Simonton Street Key west FL 33400 USA ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I I E