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01/17/2014 Agreement k Yy 4.;,i.,:` ,A.Vc i-,'t. ,, ., '-10.,4, -T y , t ;<,A, ', CLERK OF CIRCUIT COURT & COMPTROLLER or 1, 1,�v ?: MONROE COUNTY,FLORIDA DATE: January 17, 2014 TO: Judy Clarke, PE Director of Engineering ATTN:: Breanne Erickson FROM: Vitia Fernandez, D.0 At the January 17, 2014 Board of County Commissioner's meeting the Board granted approval and authorized execution of the following items: Item C23 . Award bid , waive irregularity in bid response and approve a contract with Construct Group Corp. for construction of the CR 905 Bike Lanes from US 1 in Key Largo to.Ocean Reef (full length of approx. 11.5 miles), subject to clarification of bid response from the contractor relating to claims and suits. /ItemC24 Contract with Metric Engineering, Inc. for Construction Engineering and Inspection (CEI) services for CR 905 Bike Lanes project. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office cc: County Attorney Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE CR 905 BIKE LANES PROJECT. This Agreement ("Agreement") made and entered into this 16tt' day of January, 2014 by and between Monroe County, a political_subdivision of the State of Florida,=whose address is:_ 1100 Simonton:.Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Metric Engineering Inc., a Corporation of the State of Florida, whose address is 13940 S.W. 136t" St. Miami, FL its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT .. construction engineering and inspection (CEI) services for the CR 905 Bike Lanes Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing construction engineering and inspection(CEI) services for the CR 905 Project, which services shall collectively:be referred to as the"Project"; NOW, THEREFORE, in consideration of the mutual promises; covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is:hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT • ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES 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 documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work: completed and shall be in conformity and comply with ;all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is.. acceptable for reimbursement by government :agencies, therefore eliminating any • additional cost due to missing or incorrect information; 1.1.4 : The CONSULTANT assumes full responsibility to the extent allowed by law with regards:: to his performance and those directly under his employ. 1.1.5 The CONSULTANTS 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 ertainin to, or regulating the provisions of :such pertaining 9 9 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 CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT. is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees,:contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the:basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The. CONSULTANT shall complete the scope of services no later than 30 days:after Final Completion of the CR 905 Bike Lanes Project by the construction contractor. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consists of those:described in Attachment A. The CONSULTANT shall commence:work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the.COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, Without additional 'compensation, promptly correct any errors, omissions, deficiencies, - or conflicts in: the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT p 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 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1.100.Simonton Street, Room 2-205 Key West, Florida 33040 For the.Consultant: Felix Rodriguez Vice President 13940 S.W.136th St. Miami,FL:33186 ARTICLE III ADDITIONAL SERVICES 3,1 Additional services are services not included in the Scope of Basic Services. Should the • COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall .. respond;with a fee proposal to perform the requested services.: Only after receiving Ian amendment to the Agreement and a notice to proceed.from the COUNTY,:shall the :. CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide: full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4,2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the: Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the.CONSULTANT:in order to avoid unreasonable delay in the orderly and:sequential progress:of the CONSULTANT'S services: x 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of :any fault or defect in the Project or non- conformance with the Agreement Documents: Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and _services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work:of the contractors: 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents . are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, • adequacy, fitness,suitability or coordination of its work product 4.6 The COUNTY shall provide copies of necessary documents required to complete the work: . 4.7 : Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants -and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys': fees, to the extent caused by the negligence, recklessness, or intentional wrongful:conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10:00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements. contained elsewhere within this agreement. Subject to Florida Statute 725.08, should any claims be asserted against the -County by virtue of the services provided by the consultant under this agreement, the consultant 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 behalf. 5:3 In the event the completion of the project (to include the work of others) is delayed or suspended as a:result of the CONSULTANT'S. failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Subject to Florida .Statute 725.08, should any claims be asserted against the County by virtue of the services provided by the consultant under this agreement,the consultant 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 behalf. 5.4. The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5. This indemnification shall survive the expiration or early termination,of the.Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Scott Buck, P.E. CEI Senior Project Engineer • Jorge Goyanes, P.E. CEI'Project.Administrator - Alberto Hernandez : CEI Senior Roadway Inspector So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 - PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT .monthly in current funds for the CONSULTANT'S performance of this Agreement ::based on the :rates outlined : in Attachment B. The Total Not to Exceed Amount of Two Hundred Nine Thousand and Fifty Dollars and Fifty-Eight Cents ($209,050.58)will apply to this Agreement;:: 7,2 PAYMENTS 7.2.1 For its assumption and. erformances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant • to the.Local Government Prompt Payment Act 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 or downward; (B) As a: conditionprecedent for anypayment ment due under this Agreement, the pY g . . . CONSULTANT shall submit monthly, unless otherwise agreed in writing by 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. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the.project: a. Expenses of transportation submitted by CONSULTANT, in writing, and_living expenses in connection with travel authorized by the COUNTY,:in.writing, but only to. the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope Of services; c. Postage and handling'of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive,and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each = . fiscal year(October 1 - September 30) by COUNTY's Board of County 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 VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of :others) is delayed or suspended as a result of the : 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. } 8.3 : CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of .Florida, sufficient to respond to Florida Statute 440.- B. Employers Liability:. Insurance with limitS of $100,000 :per Accident, $500,000 Disease, policy limits,$100,000 Disease each employee. C. Comprehensive business automobile and :vehicle liability insurance covering claims for injuries to members .of the public and/or damages to. property of others arising 1 . � p gp p Y from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $200,000 per person, $300,000 per Occurrence; $200;000 Property Damage or$300,000 combined single limit: D. Commercial general liability, including Personal. Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out.of any - covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,00 per Person, $500,00 per Occurrence, $200,000 Property Damage or$500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy,:its:provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must: extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of$300,000 per occurrence and $500,000 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. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this:Agreement as a :matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this.Agreement. 9.2 OWNERSHIP OF THE.PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this.Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission:of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary: This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions: of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to :the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION: A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. : 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, 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, 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 including attachments A and B, 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. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who.has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor; or consultant under:a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287..017 of the Florida Statutes, for CATEGORY TWO for a period of 36.months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid 'hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there-has been no determination, based on an audit, that it or any suoconsultant 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 CONU.SULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultantis:formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. MAINTENANCE9.8 F RECORDS.. 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 interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. • 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES - This Agreement shall be governed:by and construed:in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the I 4 enforcement or.interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 1 Oth Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this - - Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement Of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the.intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS 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, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposalS, and funding solicitations shall be approved by each party prior to submission: 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and -disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If 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 or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or r by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by:the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision. of the services :under this .Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration:proceedings related to this Agreement: 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will :be no discrimination against any person,.and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on'the basis of - . handicaps; 4)The Age Discrimination.Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis.:of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, . Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, .relating to nondiscrimination on the basis of alcohol abuse or alcoholism 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss: 690dd-3 and 290ee-3), as amended; relating to confidentiality of alcohol and drug abuse patient records 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),:as.amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act:of 1990 :(42 USC s. 1201 Note), as may be amended.. from time to time, relating to nondiscrimination on the basis of disability; 10) . Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race,color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. 9.18 :COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest,and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position;_ conflicting employment or contractual relationship; and disclosure or use of certain information. 9:20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY Warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay :any person, company, corporation, :individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall:have the right=to terminate thisAgreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21. PUBLIC ACCESS: The CONSULTANT and COUNTY shall allow and permit reasonable access to,:and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver: 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability,exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other. benefits which apply to the activity of officers, agents, or employees of any public agents or :employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed a$,. relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating:entity, in which case:the performance may be • offered in satisfaction of the obligation or responsibility: Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of :the COUNTY, except to the extent permitted by the Florida constitution; state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt-to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority:to inform, counsel, or otherwise. indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits:under this Agreement:separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT: agrees to execute such documents _as COUNTY may reasonably •: require, including a Public Entity Crime Statement, an.Ethics Statement;.and a Drug-. - Free Workplace Statement: Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual "unit costs. supporting the compensation pursuant :to the Agreement. are accurate, . complete, and current at the time of contracting: The original contract price and any additions thereto shall be adjusted to exclude:any significant sums by which the agency :determines the contract price was increased due to inaccurate, . incomplete, or concurrent wage rates and other factual unit costs. All:such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL.LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member; officer, agent or:employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution Of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 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. IN WITNESS WHEREOF, each party has caused this Agreement to be executed-by its duly a, thorized representative on the day and year first above written.: �"/��.,,�� Chi�� r` s� (lf sL BOARD OF.COUNTY COMMISSIONERS ' = A Lefty i HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA e. 1-0 I \\,,,,, b�\\tom- ,�.r"3 }4�1uLAjiJA .. JBy: �° l Clerk: Mayor/Ch-`rma Dater _/ 9 D Qk,' ,,,,, p,,,,, MORELLA GUITIAN R•—1��: Notary Public-State of Florida. (Seal) q A' ,`', My.Comm.Expires Oct 28,2016 METRI GIN R`NG INC. e��o9..9 Commission•EE 847092 k Attest: • „t,�•A flo a Tlfrough ational Notary Assn. BY: a— Felix od guez Titl . y1 A ;(old • Title: Vice President _r' °..i., lW C; =; it ow END OF AGREEMENT •+'er.t.. :.1 .ti =i^i'1 .. .._ MONROE COUNTY ATTORNEY APPROVED AS.TO FORM: . _ �o-zilt--t en>�� O I II Ld I I NVr Iila CH IS INE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 1a-1a311A ATTACHMENT A SCOPE OF SERVICES 1.0 The Consultant shall provide Construction Engineering and Inspection Services for the CR 905 Bike Lanes Project: The COnsultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the FDOT's Construction Project Administration Manual (CPAM) the authority of the Consultant's lead person,: such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the Department's Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply • FDOT manuals, procedures, and memorandums in effect as of the date of execution of this Agreement unless otherwise directed in writing by the County. The. Consultant shall .utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the s;ubconsultant during the Contract term. 2.0 LENGTH OF SERVICE: The Consultant services for the :Construction Contract shall begin upon written notification to proceed by County. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued,the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, the :Consultant shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating: purposes the _Consultant will be allowed a maximum of thirty working • days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and a maximum thirty calendar days to demobilize after final acceptance of the Construction Contract. • Construction Contract Estimate Bid Date Start Date Duration November 21, 2013 January:30th.2014(est) 280.days 3.0 DEFINITIONS: : A. Resident Engineer:The. Engineer assigned:to a particular Project or area to administer Construction Contracts for the.County. B. Construction Project Manager:. The.County employee assigned to manage the Construction Engineering and Inspection Contract and represent the. County during the performance of the services covered under this Agreement. C. Engineer of Record: The Engineer noted on the Construction plans as:the responsible person:for the design and preparation of the plans. D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. E. Agreement: The Professional Services Agreement between the:County and the :. Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment: F. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultanf. G. Consultant.Project Administrator: The employee assigned by the Consultant.to be-in charge of providing Construction Contract administration services one or more Construction Projects. H. Contractor The individual, firm, or company contracting with the County for performance of work or furnishing of materials: I. • Construction: Contract The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. J., CPAM: Florida Department of Transportation, Construction Project : Administration manual; latest. K. Department: Florida Department of Transportation L. F:D.O.T.: Florida Department of Transportation. M. County: Monroe County Board of County Commissioners. 4.0 REQUIREMENTS: 4.1 General It shall be the responsibility of the.Consultant to administer, monitor, and inspect the Construction Contract.:such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. The Consultant shall:observe the Contractor's:work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. The Consultant is hereby: designated by the County to negotiate::Supplemental Agreements. However, the Consultant must seek input from the Construction Project Manager. The Consultant shall prepare the Supplemental Agreement as a recommendation to the County, which the County may accept, modify or reject upon review. The. Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the .Construction. Project Manager for County action or direction. The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor Of responsibility for the satisfactory performance of the Construction Contract. 4.2 Survey Control: The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and benchmarks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary to calculate and document quantities for pay items; (2) make and record pre-construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, .etc) is part of the construction project; and (3) perform incidental engineering surveys. The Senior Project Engineer will establish the specific survey requirements for each project prior to construction. Any questions or requests for"Waiver of Survey" should be directed to the Senior Project Engineer. 4.3 .On-site Inspection: The Consultant shall monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents: The County will monitor all off-site activities and fabrication. The.Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work . Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone traffic control plan and review of modifications to the Work Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant employees performing such services shall be qualified in accordance with F.D.O.T. department procedure. 4.4 Sampling and Testing: The Consultant shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents.: The minimum sampling frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the project for verification-and acceptance. The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification,: certified mill analysis, DOT label, DOT stamp, etc. Sampling, testing and laboratory methods shall be as required by the Department's Standard Specifications, Supplemental. Specifications •or as modified by the special provisions of the Construction Contract. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction worlds done. If required, the Consultant will transport: samples to be tested in a Department laboratory to the appropriate laboratory or appropriate local FDOT facility. 4.5 Engineering Services: The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the County for failure of such parties to follow written direction issued by the Consultant. Services include maintaining the required level of surveillance of Contractor: activities, interpreting plans, :specifications, and special provisions . for the Construction Contract, maintaining complete, accurate records of all activities and events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services: (1) Schedule and attend, within ten days after the Notice to.Proceed, a pre- construction conference for the project in accordance with County procedures. The Consultant shall provide appropriate staff to attend and participate in the pre-construction meeting. (2) The Consultant shall record a complete and concise record of the proceedings of the pre-construction meeting and distribute copies of this summary to the participants and other interested parties within seven days. (3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited :to, completeness; logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing. and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (4) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. (5) Analyze problems that arise on a project and proposals submitted:by the Contractor, endeavor to resolve such issues, and process the necessary paperwork. (6) Produce reports, verify quantity calculations, field measure foe payment purposes :as needed to prevent delays in Contractor operations and ensure prompt processing of such information in order for the County to make timely payment to the Contractor: (7) Provide Public. Information services as. required to manage inquiries from the.public, public officials, and the news media. Prepare newsletters for distribution to adjacent property owners. The County Construction Project Manager shall approve all notices, brochures, responses to news media, etc., prior to release. (8) Prepare and submit to the Construction Project Manager monthly, a Construction Status Reporting System (CSRS) report. (9) Schedule and conduct a meeting with the County Engineering Office at least 45 calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as-builts; necessary to close out the permit(s).. (10) Video tape the pre-construction conditions throughout the project limits. Provide a digital. photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (11:) The Consultant shall.have a digital camera for photographic documentation of noteworthy incidents or events to cover the following areas: (a). Pre-construction photographs • (b). Normal and exceptional progress of work (c) Critical path activities (d)..Accidents showing damage (e). Unsafe working conditions (f). Unusual construction techniques (g). Damaged equipment or materials (h). Any activity, which may result in claims These photographs will be filed and maintained on the Consultant's computer. Copies'of photographs will be electronically transferred to the County at an interval determined by the Senior Project Engineer and the Construction Project Manager The taking of the photographs shall: begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial end/or Final Acceptance. (12) Provide a ::Resident Compliance Specialist: for surveillance : of the Contractor's compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll,. and Subcontracts.:: . The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested. (13) As needed, prepare and make presentation before the ,Dispute Review Boards in connection with the project covered by this Agreement 5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT: A. The County, on as needed basis, will furnish the following Construction Contract documents for this project. These documents may y be provided in either paper or electronic format. - 1 Construction Documents (drawings, specifications): 2 Special Provisions 3 Copy of the executed Construction Contract: 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 County Documents: All applicable documents-referenced herein shall be a condition of this Agreement. 62 Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement: :Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.3 Field Equipment: The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those non-consumable and non-expendable items, which are normally needed for a CEI project and are essential in order to carry out the work under- : - this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and :shall be removed at completion of the work. The Consultant's handling of nuclear density gauges_shall be in compliance with theirlicense. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. . 6.4 Licensing for Equipment Operations: The Consultant will be responsible for obtaining proper licenses for equipment. and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the County, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON: The Consultant shall keep the Construction Project Manager informed of all significant. activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant's performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension. Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. 8.0 PERSONNEL: 8.1 General Requirements: The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Not all positions listed below may be required; however, personnel performing a specific tas must have the qua i ications required for the task. Unless otherwise agreed by the County, the County will not compensate straight overtime or premium overtime for the positions of: Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract upport Specialist. 8.2 Personnel Qualifications: The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall.submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including :a detailed resume for each containing at a minimum:salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and .are committed to performing services under this Agreement. Personnel changes will require written :approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the • Consultant within one week of County notification. Before the:project begins, all:project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for obtaining the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel :are.set forth as follows: Exceptions to these minimum qualifications will be considered on an individual basis. The County Engineer or designee will have the final approval authority. CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree. and be registered .in the State of Florida as a Professional Engineer (or if registered in another:state, the ability to obtain. registration..in the State of Florida within six. ... experience (twoyears months) and six years of. engineering of which are in: major road and: :bridge construction), or for non=degreed personnel the aforementioned registration and ten years of engineering experience (two years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English(verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews :policies, methods, practices, and procedures; and reviews programs for conformance with County standards. Also must have the . following: Qualification: FDOT Advanced MOT . Pass the CTQP examination covering the training video"Grouting of Bridge Post- tensioning Tendons" (If applicable) Attend the CTQP Quality Control Manager course and pass the examination. Certifications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CEI PROJECT ADMINISTRATOR-A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience,_two (2) years of which involved construction of major road-and bridge structures: Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to,inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the training video :"Grouting of Bridge Post-tensioning Tendons" (If applicable) CTQP Final Estimates Level II Certifications: None Other Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High School diploma or equivalent and :four years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., progress and final estimates, EEO compliance, processing : :.. Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical C. 1. . decisions related to the office aspects of the project. Should be familiar with the County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties: :Shall become trained in CTQP Final Estimates Level li course and maintain a current qualification. -:CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER: INTERN — High school graduate or equivalent-plus four years of experience in construction inspection, two years of which shall have been in bridge and/or roadway construction inspection. Must have the following: Qualifications: CTQP Concrete Field Inspector Level I CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level II (If applicable) CTQP Earthwork Construction Inspection Level CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable)CTQP Drilled Shaft Inspection (If applicable) CTQP Grouting Technician Level I (If applicable) CTQP Post-Tensioning Technician Level I (If applicable) FDOT Intermediate.MOT CTQP Final Estimates Level Certifications: Nuclear Radiation Safety Or a Civil.Engineering degree and one year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior -Engineer Intern classification requires one year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments in field -surveying and construction layout; making, and checking engineering computations, inspecting.,construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. 8.3 Staffing: . -Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various :pay items, shall be available to resolve disputed final pay quantities until the appropriate.Construction.Contract has been paid off. Construction engineering and inspection forces will be required of the. Consultant at -all times while the Contractor is working. If Contractor -operations are A substantially reduced or suspended, the Consultant will reduce its staff appropriately.. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces: 9:0 QUALITY ASSURANCE (QA) PROGRAM: 9.1 :Quality Reviews The Consultant shall conduct semi-annual reviews to make certain his own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be: conducted to evaluate the adequacy of materials, processes; documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Reviews shall also be developed and performed to achieve compliance with specific QA provisions :contained in this Agreement. The semi-annual reviews shall be submitted:to the Construction Project Manager in written form no later than one month after the review. On short duration GCE! projects(nine months or less),:the CCEI shall perform an initial QA review within the first two months of the start of construction. 9.2 -QA Plan: Within thirty days after receiving award of an Agreement, the: Consultant shall furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization to assure conformance with the Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. Significant changes to the work requirements may require the.:Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A; Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of,the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Reviews: The Consultant QA shall detail the methods used to monitor and achieve organization :compliance with Agreement requirements for services and products. C. Quality Records: The Consultant will outline:the-types of records, which will be generated and maintained during the execution of his QA program. D, Control of.Sub-consultants.and Vendors: The Consultant will detail the methods used to control sub-consultants and.vendor quality. E. Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FOOT specifications, plans, standard indexes, and County procedures. 9.3 Quality Records: The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including _subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the: .number and type of deficiencies found, and the corrective actions taken. These records shall :be available to the County, upon ;request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. : 100: CERTIFICATION OF FINAL ESTIMATES: 10.1 Final Estimate and As-Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Consultant's approved QC Plan and the County's Procedures. Submit the Final Estimate(s) and three sets of final as built plans documenting Contractor's work(one record set with two copies) as follows: (a) Within thirty calendar days of final acceptance; or p (b) Where: all items of _work are complete. and conditional/partial acceptance_is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty calendar days, the final estimates) will be due on the thirtieth (30th) day after conditional/partial:acceptance. A memorandum with documentation will be transmitted to the Director of Engineering Services at final acceptance detailing any necessary revisions to the pay items covered under the conditional/partial acceptance. The Consultant shall be responsible for making any revisions to the Certified Final Estimate. 10.2 Certification: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Department procedures. 11.0 .SUBCONSULTANT SERVICES: Upon written approval by the Construction Project Manager and the County,and prior to performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. 12.0 OTHER SERVICES: Upon written authorization by the Director of Engineering Services or designee, the Consultant will perform additional services in:connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings .or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. C. Provide on- and off-site inspection services in addition to those provided for in this Agreement. 13.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and d prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to this Agreement. 14.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 15.0 THIRD PARTY BENEFICIARY: It is specifically agreed between the parties executing this Agreement that it :is not intended by any of the provisions of any part of the Agreement to create in the public or 1 � ) any member thereof, a third party-beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 16.0 COUNTY AUTHORITY: The County shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant. ATTACHMENT B CONSULTANT RATES AND COST PROPOSAL all METRIC ley ENGINEERING WHY THINGS WORK° December 17,2013 Mr:Clark Briggs Sr. Project Manager • Monroe County Engineering 1100:Simonton Street, Room 216 Key West, Florida 33040 Re: Fee Proposal CR 905 Bike Lane Construction Project Dear Mr. Briggs: Metric Engineering is pleased to submit_this fee proposal to provide Construction Engineering and Inspection(CEI)services for the above referenced Project. Our proposal is based on the level of effort required to perform the duties and responsibilities described.In the Project's Request for Qualifications and the Project:Manual where reference is made to the Owner or Owner's Representative. NUMBER RAW OF (BASE) LOADED ITEM HOURS RATE_ RATE COST Regular Labor Senior Project Engineer 90 $ 55.00 $154.16 $ 13,874.50 Project Administrator 181 . -$. 44.00 $123.33 $ 22,322.53:.. Inspector 1815 $ 26.21 $ 73.46 $133,338.60 $169,535.64 Overtimes Inspector 181.5 $ 26.21 $ 84.413 • $ 15.333.94, $184,869.58 Other Direct Expense2 Laboratory Fees S 24,181.0)- - TOTAL MAXIMUM LIMITING COMPENSATION/FEE.PROPOSAL: $209,050.58 NOTES Overtime shall be approved by the Monroe.County Project Manager prior to -commitment. z. Reimbursement of Other Direct Expenses must be supported with invoices or other approved documentation Office-(305)235-5098 .:Fax:(305)251-5894 13940 SW 136th Street,Miami,FL 33186 www:metdceng cam ell 1111 METRIC `►g ENGINEERING WHY THINGS WORKe The positions and associated hours indicated above are as per our negotiations. The Raw(Base)Rates shown are those of the proposed individuals or below the average of the classification for the same positions in South Florida(see Enclosure[1]). The mark-up resulting in the Loaded Rate is based:on Metric Engineering's audited field overhead rates shown in Enclosure(2)plus the calculated operating margin shown in Enclosure(3). Other Direct Expenses are for the required laboratory testing of materials associated with the Project. It is dearly understood that reimbursement of any Other Direct Expense. needs to be substantiated and supported with invoices or other documentation to allow a proper audit of the claim being made: There will be no mark-up associated with the reimbursement of Other Direct Expenses. Again,Metric Engineering looks forward to the opportunity to serve Monroe County and to show"Why Things . irk"when i etric is on the job. Res,: ly sub -' for your.consideration, IIP 1, Felix.Rodrig,ez Vice Presid- t FR:mg Cc: Scott Buck,Jorge Goyanes,Morella Guitian,File ENCLSOURES: (1) FOOT Consultant Wage Rate Averages Report by Job Classification (2) FOOT Qualification Letter for Metric Engineering, Inc. (3) Operating Margin Calculations Office:(305)235-5098 Fax:(305)251-5894 13940 SW 136th Street,Miami,FL 33186 www.metriceng,com lobclass Wage Rate Report Screen r ' Florida Department of Transportation Professional Services Information System Consultant Wage Rate Averages Report by Job Classification For Job Class Wage Rates Uploaded from Automated Fee Proposal(AFP) Spreadsheets For the time period from 10MAR2013 to 09SEP2013 FOR DOT DISTRICT 6 Proposed Unloaded Rate S tatfstirss Negotiated Unloaded Rate Statistics n Jobclasa ,25%Quartile Meen/Avg. 75%Quartile 25%Quartile Meao/Avg., 75%Quartile Unit Certltled Dodge Isepector J S26.21 528.02 S29.83 S26.21 528.02 S29 83 111r. Chief Engineer S70.88 [S77.60 S83 67 S70.83 1572,57 575 60 lir Chief Planer S62.85 S65.15 S68 51 562.85 565.15 1 568 51 111r Chkf Sdtotlet 554.00 (561.61 [S69 22 554.00 561.61 1569 22 J lir CADD1Cowpoter Tecboidaa 524.89 S26.99 1S29 53 524.89 S25.45 527 00 Fir en Asphalt Plant laspeeter J S23 30 S23 30 523.30 523 30 S23.30 523 30 lir JOEI?mkt Project AdwlntstratorlProject Engineer S45 39 1545 39 1545 39 533 39 (533.39 533 39 Fir GEl arittat lsnpeeter 522 90 (522 90 S22.90 S22 90 522 90 522 90 Hr ICE!Bridge Senior!sweeter S33.40 i1534 45 535 50 1531.50 531.67 S3I 83 Hr CM Contract Sopped S-pecklht [S37.34 1S37 34 Si3 34 1533.38 533.38 533 38 Fir CEI IaspectoriEnglieer',uteri S23.83 1524 54 525.25 1522.50 S23.25 S24 00 J Hr 10E1 Pro).AdmioJProject Ea8i(;El Coawitant Eng. S47.70 558 85 [S70.00 (547.70 548 35 S49 00 Fir 0E1 Kee.CotnpUaace Sp.vJCEI Contract Coop.Spec. S19.69 1S22 44 525.20 519 69 1520.72 S21 75 Hr 1QEI Sealer IntpeetorISealar Engineer Inters, I S29.25 S30 08 S31.00 S29.25 [S29 58 S29 75 lir (CEI Sealer Project Ewttaeer I S60.00 1S70.00 S80 00 S60 00 1S61 25 S62 50 lir Dis11e!' _J S31 25 S33 96 537 49 S31 25 [S33.63 536 54 lir (6rgtnser S32.54 1534 64 536 86 S32.54 S34.10 S36 06 Hr J JEaf lseerl ig totem J 526.43 529.09 531 83 S26 39 S28.48 S30 80 lir lbagiaeria,,Teckeidm 519.23 520,92 521.88 S19.23 S20.84 S21 88 Hr JEat(nl_aatei Sperlarst 529.33 [S29 33 1529.33 529.33 1529.33 S29.33 Hr CMtaE ntIcil Engineer (536 03 1536 03 536 03 S36.03 S36.03 536,03 fir GIS Specfaust (S32 25 S32 81 537 44 S32.25 1532.81 537,44 Hr Instntment Persia S14.44 S17.91 S16 13 S14.44 S17.80 (SI5 10 J Hr llaadseape Ar IkMt [S27.24 1S27 24 527 24 S27.24 S27.24 S27.24 Hr Jlanrbeyle Det ttwr S22.21 522 86 S23 51 S22 21 J S22.86 (S23 51 J lir Party Gltier (520-50 11525.24 1S2150 I520.50 (525.30 S2200 Fir Maw [S29.57 1531 01 S33 00 S29.57 S31.01 S33 00 lir Project EMi iur 1S41.00 S43 63 S45 98 S41.00 542.23 S44 36 lir Project IVIanaper S50.00 560.40 S71 04 552.00 S57.53 S61 98 I I r Project Planner 534.61 [S35 85 J 537 38 S34.61 S35.85 1$37 38 lir Milk Iaforwrtfiw Mirror S23.05 524 42 525 80 523.05 J S24.42 S25 80 Hr land l'oreeo/Gludi Peruse S11.75 (S14.03 $1640 J$11.75 S13.36 S12 18 lit JSeentirx/t7M(aa1 S 18.91 S 19 92 S22 63 S 19.50 $19.60 S21 48 Hr. tie111sr beelpier S36.95 S39 48 S39.39 536.95 537.75 S37 48 (Hr StwRr taghteer _(550.82 1S57.48 561 84 S50.82 (555.17 J S58 95 lit 18eaitar Eaginsetlltg Tod a tion [525.00 1527.74 ($30.22 (525.00 527.47 (530 00 Fir I II II II II 11 11 II-1 ENCLOSURE (1) ---„ Florida Department of Transportation RICK SCOTT 605 Suwannee Street ANANTII PRASAD,P.E. GOVERNOR Tallahassee, F1,32399-0450 SECRETARY January 14, 2013 Carlos Duart, President METRIC ENGINEERING, INC. 13940 S.W. 136th Street, Suite 200 Miami, Florida 33186 Dear Mr. Duart: The Florida Department of Transportation has reviewed your application for qualification package and determined that the data submitted is adequate to qualify your firrn for the following types of work: Group 2 - Project Development and Environmental (PD&E) Studies Group 3 - Highway Design - Roadway 3.1 - Minor Highway Design 3.2 - Major Highway Design 3.3 - Controlled Access Highway Design Group 4 - Highway Design- Bridges 4.1.1 - Miscellaneous Structures 4.1.2 -Minor Bridge Design Group 5 - Bridge Inspection 5.1 - Conventional Bridge Inspection 5.2 - Movable Bridge Inspection 5.3 - Complex Bridge Inspection 5.4 - Bridge Load Rating Group 6 -Traffic Engineering and Operations Studies 6.1 -Traffic Engineering Studies 6.2 -Traffic Signal Timing 6.3.1 - Intelligent Transportation Systems Analysis and Design 6.3.2 -Intelligent Transportation Systems Implementation 6.3.3 -Intelligent Transportation Traffic Engineering Systems Communications • 6.3.4 - Intelligent Transportation Systems Software Development • www.dat.SIBle.flus ENCLOSURE (2) ' • Group 7 - Traffic Operations Design 7.1 - Signing, Pavement Marking and Channelization 7.2 - Lighting 7.3 - Signalization Group 9 - Soil Exploration, Material Testing and Foundations 9.1 - Soil Exploration 9.4.1 - Standard Foundation Studies Group 10 - Construction Engineering Inspection 10.1 - Roadway Construction Engineering Inspection 10.3 - Construction Materials Inspection 10.4 - Minor Bridge & Miscellaneous Structures CEI 10.5.1 - Major Bridge CEI - Concrete 10.5.2 - Major Bridge CEI - Steel Group 13 - Planning 13.3 - Policy Planning 13.4 - Systems Planning 13.5 - Subarea/Corridor Planning 13.6 - Land Planning/Engineering 13.7 - Transportation Statistics Your Unlimited Notice of Qualification shall be valid until December 31, 2013 at such time as your June 30, 2013 overhead audit will be due to comply with the Department's requirement on overhead audits. We will automatically notify your firm 45 to 60 days prior to your update deadline. On the basis of data submitted the Department has approl>red.youraccounting system and considers the rates listed below as acceptable provisional rates for qualification purposes. Facilities Home/Branch Field Capital Cost Overtime Office Office of Money Premium Direct Expense Overhead Rate 174.69% 127.23% 0.173% Excluded 8.70% (Home) 27.89% (Field)* *Rent and utilities excluded from field office rate. These costs will be directly reimbursed on contracts that require the consultant to provide field office. Should you have any questions, please feel free to contact me at 850/414-4485. Sincerely, • C AIVIA N Lorraine E. Odom Professional Services Qualification Administrator LEO/cbhk www.dot.stat. fl.us ENCLOSURE (2) si. Prime Consultant Name: Meidc Engineering;Inc FM Number CR 905 BIKE LANES PROJECT. Date: 12/9/2013 OPERATING MARGIN%.CALCULATION TABLE FOR DIRECT SALARIES Criteria . %Range Suggested Standards .: .: Typical Project Types Prim Sub Sub Sub sub: i 'Complexity of Project: The : 5%-T%: Low-Simple,Straight forward projects:Small Bridge inspection All bridge inspection except:scourl;CEi:3R degree of difficulty associated. . and specific scope of servicesi very minor: Rural;Painting,CEI signalization,distrtcbwides,simple and straight ,iwth;the project. Are there issuesfimprovements forward projects;Design:Simple 3R-Rural;3R Urban ride only, ',unique aspects to the project? Distnctwldes;Geotechnical:standard;jpD&E:Small simple projects with specific scopes;Planning;Data/traffic Counts;Survey: Resurfacing 3R ruralurban;:Traffic Operations:turn-lane projects .° (design) 5% 1 Medium;Projects with some specialised areas Bridge inspection:generally not applicable;AR:CEI resurfacing requiring some specialiied.skills. Moderate with some improvements;peelgn::3R Urban with some improvements on a project_ improvements,intersection improvements with safety,Category 1 bridges•,POSE:widening with limited issues and bridge replacement s. with limited impacts;Railroads:All;Survey:survey in water areas; Traffic Operations:traffic operations sludies and signal design projects• . High .Complex multi-disciplined projects :: pridgo inspection bridge scour,CEI:CEI for multisections in a requiring specialised skills with significant corridor,MOT Issues,speciaNYed skills,ITS,construction on new management issues. Major improvements on a alignments;and signal system tinning,development and Project implementation;Design:new alignments,major widening,major reconstruction;railroad bridge design;Segmental/Class 2 bridges, Movable Bridges,POaE:POSE with Feasibility,study,multiple:: disciplines,significant issues; jslannlnq:large planning (mullimodal);Survey:pilings and bridges; Traffic Operations:ITS Degree.of Risk:The amount of 3%.-5% Low-Contracts with well defined and specific. Bridge inspection:,bridge inspections;CEI:CEI subconsultanls financial risk assumed by the scopes,minimal probability of cost:overruns and providing,support personnel,.ITS,maximum limiting amount tconsultant in relation to the low financial risk exposure. Scope clarification contracts Peskin:Simple 3R Rura1,.3R urban ride.only; project meeting held,if applicable Geotechnical:Al;PDBE:accurate and specific scope&pre- negotiation meetings;Planning:Most Planning;Survey:all, 1 including'SUE;Traffic Operations:traffic operations sturfms;:traffic counts 3% 1 Medium-Projects with potential for addIonal Bridge Inspection:bridge scour,clir Standard CEI;Design: II coordination efforts with outside design for:new alignments,major reconstruction,and widening; g ' agencies/parties;coordination with several :: PD&E:experimental designand broad,scopes;Planning:some Districts;multiple municipalities;etc. planning;Railroads:All;Traffic Operations:traffic signal projects,. . ITS design . : . High-lumpsum contracts with possibifityof CEI;,high visibility,lump sum contracts,multiple projects;Design; Desin ... • p overrunning costs;experimental design;projectsprojects with multipie bridges;PD3E mult iple alternatives,multi le If Involvings nificant financial risk, P 19 potential for agency approval required;Planning:large multimodal projecis significant unknown issues. f' (airports,seaports;raltroads,transit) Criteria %Range Suggested Standards Typical Project Types Prime sub Sub~ Sub .. . .Sub Project Schedule. 1%-3% Low.-no critical short term deadlines or Bridge Inspection:Bridge Inspection;Bridge Scour;CEI:ITS: requirements for large staffing concentrations, stand atone resurfacing;ride'only,support services;Design:al 3R unfunded projects to go on the shelf projects,standard schedule; PDaE:no design phase scheduled in Work.Program planning All;Railroads:AlD Traffic Operations: ITS;Survey:all 3R projects,districtwides 1% Medium-Standard schedule Bridge Inspection:generally not appicable;CEI::districlwides; push button construction;Design:standard design;bridges,large corridors;FO&E:districtwides;.Traffic Operations:traffic counts; Survey increased number of crews needed High-High visibility projects with short Bridge inspection:generally not applicabieg:munlprojeds. durations and aggressive schedules requiring construction bonus CEI Urban(day&night),high visibility;short large commitment of staff.' Fast track projects duration,utility reallocation by others;Design:Mobility!Economic with high profile and quick implementation Stimulus;PD&E:design phase funded in the work program,bridge schedule: replacements West Control Efforts:The . 3%-27y. Low(3%-6%)-.Lower or minimal cost control The:cost control is not generally dependent upon the type of project. degree to which the Consultant efforts . Factors to:be considered in negotiating this criteria: controls its costs for wage rates Medium : (by region),overhead, 9 efforts �•h - 16% Moderate cost control burdened salary ary rates:by region and .classification. specialized services requiring specialized staff,reasonableness of the proposed distribution of staff hours, expenses and FCCM, High(16%-27%)-Substantial cost control reimbursed or excluded premium overtime, and other project efforts specific Items 16% Total 12%-42% TOTAL FOOT :25% 0% 0% 0% . 0% TOTAL CONSULTANT) j,. I ... .. j This is intended only as a guideline-not a fixed formula. Oved:ead 127.23% Expense 27.89% FCCM.. 0.173% SalaryMuriiplier:. 155% ... ...0% .0%. 0%. . 0% .. n 5 3 A. U. . n. . DATE(M A M/DD/YYYY) o® CERTIFICATE OF LIABILITY INSURANCE 4/DATE(M 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:CONTACT Carrie Worley MDW Insurance Group ONE FAX (A/CC.No.Ext):954-616-6409 (A/c,No):954-616-6410 362 Minorca Ave ' AODRIess:Cworle Coral Gables FL 33134 y anmdwinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Hartford Insurance Group 914 INSURED METRI-4 INSURER B:Hartford Fire Ins. Co. Metric Engineering, Inc. INSURER C:Hartford Casualty Insurance Co 29424 13940 SW 136th Steet,#200 INSURER D:Lexington Insurance Company 19437 Miami FL 33186 INSURER E:Hartford Insurance Co of SE • 38261 INSURER F: COVERAGES CERTIFICATE NUMBER:1366207743 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. INSR TYPE OF INSURANCE ADDL I SR SUBR POLICY EFF POLICY EXP WVD POLICY NUMBER LIMITS {MMIDD/YYYY) {MMIDD/YYYY) A GENERAL LIABILITY Y 21UUNAN3986 3/1/2014 3/1/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED _ PREMISES(Ea occurrence) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —1 POLICY X PE LOC $ B AUTOMOBILE LIABILITY Y 21 UENAN4048 3/1/2014 3/1/2015 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO: BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS • (Per accident) $ C X UMBRELLA LIAB X OCCUR 21XHUAN3161 3/1/2014 3/1/2015 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$10,000 $ E WORKERS COMPENSATION 21WBAJ5341 3/1/2014 3/1/2015 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liability 031428218 3/1/2014 3/1/2015 Each Claim $1,000,000 Full Prior Acts Aggregate $2,000,000 • Deductible $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Construction Engineering And Inspection (CEI) Services for the CR 905 Bike Lanes Project. Certificate holder is listed as an additional insured on General Liability&Auto Liability coverage when requirekby written contract, subject to terms, conditions, and exclusions of the policy, per attached HG00010605. PR V ISK N}A EMENT WAIVER N A S_ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County, BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street,#2-205 Key West FL 33040 AUTHORIZED REPRESENTATIVE I• I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD