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Item C08
} C.8 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting May 19, 2021 Agenda Item Number: C.8 Agenda Item Summary #8 154 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754 N/A AGENDA ITEM WORDING: Approval of a task order with HDR Engineering, Inc. for Construction Engineering and Inspection Services (CEI) for the Koehn and Big Pine Shores subdivisions Roadway and Drainage Improvement Project (Big Pine Key). This task order is being awarded under the On Call Contract for Professional Engineering Services in the maximum not to exceed amount of $278,164.00. The project is partially funded by a Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) grant agreement. ITEM BACKGROUND: The County requires CEI services for various roadway improvement projects, utilizing the On Call Engineering Services Contracts (if project is not federally funded). The scope of services for the Koehn and Big Pine Shores Roadway and Drainage Improvements project (Big Pine Key) will include culvert drainage installation, milling, overlaying existing road surfaces with asphaltic concrete pavement, re-grading roadway shoulders, pavement markings, signage, and other roadway construction. The project limits were identified based on pavement analysis and County provided lidar elevation data. (lidar is a surveying method that measures distance to a target by illuminating the target with laser light and measuring the reflected light with a sensor). The project is part of the previously adopted five-year County Road Improvement Budget and is partially funded by an FDOT Small County Outreach Program (SCOP) grant agreement (State funding) and requires adherence to the SCOP agreement and FDOT construction standards. The construction bid includes an optional line item (to be awarded if in the County's best interest) for Loma Lane (located 3.5 miles from Koehn subdivision) for milling and asphalt resurfacing approximately 723 linear feet of roadway and installing thermoplastic centerline striping and reflective pavement markings. Loma Lane has been identified as needing substantial repairs due to poor pavement condition. The Loma Lane scope is not included in the FDOT SCOP funding agreement. The bid has been advertised with an opening date of June 22, 2021 and the project will be substantially completed within 270 calendar days of the Notice to Proceed. Packet Pg. 154 C.8 PREVIOUS RELEVANT BOCC ACTION: March 17, 2021- The BOCC approved by resolution an FDOT SCOP grant agreement funding construction and construction engineering and inspection services in the grant amount of $1,660,312.00 (estimated 75%), with a County match of $553,438.00 (estimated 25%). (Due to reallocation of FDOT workplan funding in 2021, this action rescinded previously approved Resolution 181-2020, dated June 17, 2020). September 18, 2019 — The BOCC approved a task order with Baxter & Woodman, Inc. for engineering design and permitting services and support during construction for the Koehn and Big Pine Shores Roadway and Drainage Improvement Project in the amount of$332,866.00. January 17, 2018 — The BOCC approved On Call Engineering Services Contracts with 9 firms: CSA Central, EAC Consulting, HDR Engineering, Keith & Schnars (now KCI Technologies, Inc), Kisinger Campo, Mathews Consulting, RS&H Inc, TY Lin International and WSP USA, INC. March 20, 2013 — The BOCC approved a contract with IMS Infrastructure Management Services for asphalt pavement analysis on County roads. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve task order with HDR Engineering, Inc. for Construction Engineering and Inspection Services (CEI) for the Koehn and Big Pine Shores subdivisions Roadway and Drainage Improvement Project. DOCUMENTATION: HDR Koehn CEI task order with clb edits 4 9 2 1—SIGNED-signed HDR Engineering - EXEC - 1-17-18 HDR Prof Liabl exp 6.1.21 HDR On Call Insurance exp 6.1.21 FINANCIAL IMPACT: Effective Date: May 19, 2021 Expiration Date: 30 days after construction final acceptance Total Dollar Value of Contract: $278,164.00 Total Cost to County: $278,164.00 Current Year Portion: $75,000.00 Budgeted: yes Source of Funds: 304-27000-CR1902 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: yes —FDOT SCOP $1,660,312.00 (75%) Packet Pg. 155 C.8 County Match: yes $553,438.00 (25%)— CEI services may be paid from county match requirement Insurance Required: yes Additional Details: Construction to be awarded June 2021 05/19/21 304-27000 - TRANSPORTATION PROJECTS $278,164.00 Koehn Subdivision REVIEWED BY: Judith Clarke Completed 04/30/2021 12:25 PM Christine Limbert Completed 04/30/2021 1:28 PM Purchasing Completed 04/30/2021 1:42 PM Budget and Finance Completed 05/03/2021 9:18 AM Maria Slavik Completed 05/03/2021 9:37 AM Liz Yongue Completed 05/03/2021 11:09 AM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg. 156 C.8.a TASK ORDER FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES BETWEEN MONROE COUNTY AND HDR ENGINEERING, INC. FOR KOEHN and BIG PINE SHORES ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT This task order is in accordance with the On Call Professional Engineering Services Agreement made and entered on the 17th day of January 2018 between Monroe County, hereinafter referred to as "COUNTY," and HDR ENGINEERING, INC., LU hereinafter referred to as "CONSULTANT". All terms and conditions of the referenced On Call Professional Engineering Services Agreement apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. le This Task Order is effective on the 19th day of May 2021. Article II Scope of Basic Services, Paragraph 2.1 is amended as follows: c The scope of services will include Construction Engineering and Inspection (CEI) services for Koehn and Big Pine Shores Roadway and Drainage Improvements Project per Attachment A. Article VII, Paragraph 7.1 is amended to include the following: The CONSULTANT shall be paid monthly based on hourly rates per the On Call Professional Engineering Services Agreement and estimated staff hours (including FDOT approval and closeout time) and lab tests as follows: ®i cv Personnel Estimated Hourly Rate Total Hours N Senior Project Engineer/Chief Consulting 223 $225.00 $50,175.00 Inspector Contract Support Specialist/Staff Inspection 743 $118.00 $87,674.00 Rep. Senior Roadway CEI Inspector/Inspection 1485 $92.00 $136,620.00 Associate Total Labor $274,469.00 Tests As Required Number of Cost Per Test Tests Lab-Asphalt T-166 Bulk Specific Gravity (per 3 $45.00 $135.00 core) c, Lab- LBR FM5-515 4 $335.00 $1,340.00 Lab Standard Proctor T-99 8 $111.00 $888.00 0 Lab Modified Proctor T-180 4 $115.00 $460.00 Lab M-145 Soils Classification 8 $27.00 $216.00 Lab T-267 Soils Organic Content 4 $40.00 $160.00 Lab Sieve Analysis w/200 T-88 8 $62.00 $496.00 Total Laboratory Materials Testing $3,695.00 Total Not To Exceed Amount $278,164.00 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 1 of 21 Packet Pg. 157 C.8.a A total not to exceed amount of Two Hundred Seventy-Eight Thousand One Hundred Sixty Four Dollars and zero cents ($278,164.00) will apply. 0 Article IX, Paragraph 9.5 Termination is amended to read as follows: 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. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. i D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay N CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves _ all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. y E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the c Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 2 of 21 Packet Pg. 158 C.8.a 0 Article IX, Paragraph 9.17 NONDISCRIMINATION is amended to read as follows: 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 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 I 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 q, 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. 12101), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, 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. Article IX, MISCELLANEOUS, shall be amended to add the following: 9.32 E-Verify System Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland y Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors 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 work authorization status of all new employees hired by the subcontractor during the c Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 3 of 21 Packet Pg. 159 C 8.a IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. d '.i%L (Seal) CONSULTANT - Attest HDR ENGINEERING, INC. . �' By: _ B Elizabeth C. Buell J fifer E. Lunt, PE Assistant Secretary Senior Vice President Title Title 0 2 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA - By: -- By; - ---As Deputy Clerk Mayor/Chairman i Date: N MONRor coulvTv ATTORNEY t spnR v�D As To�a a: CHRISTME LIMBERT•BARROWS ASSISTANT COl iN�ff RNF.Y ¢' DATE... 4� /L-I 0 0 CH Services—Koehn and Big Pine Shores Roadway Project cJ HDR,Inc. May 19,2021 Page 4 of 21 Packet Pg. 160 C 8.a ATTACHMENT A SCOPE OF SERVICES 0 c c i cv w N 0 c u CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 5 of 21 Packet Pg. 161 C 8.a SCOPE OF WORK 0 1.0 The construction work includes but is not limited to: the installation of 2 culverts, roadway milling, resurface paving and roadway marking per plans and specifications. (Baxter and Woodman permit set dated 9.17.20) The Consultant shall provide Construction Engineering and Inspection (CEI) Services for the Koehn and Big Pine Shores Roadway and Drainage Improvements Project. The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Contract. 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 with FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Agreement unless otherwise directed in writing by the County. N On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the County and the Contractor either directly or indirectly. N 2.0 LENGTH OF SERVICE: N The length of service for the specific project shall be through final acceptance and closeout by FDOT. The Consultant Senior Project Engineer will track the execution of the Construction Contracts 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 an accumulation of thirty working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and thirty calendar CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 6 of 21 Packet Pg. 162 C 8.a days to demobilize after final acceptance of the Construction Contract. 0 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 le plans. D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. 2 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 Consultant. N 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 7 of 21 Packet Pg. 163 C 8.a 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 le significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. 0 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 y exceed its delegated authority to the Construction Project Manager for County action or direction. i 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 bench marks 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 8 of 21 Packet Pg. 164 C 8.a Project Engineer will establish the specific survey requirements for each project prior to construction. 0 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. N 4.4 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. 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 9 of 21 Packet Pg. 165 C 8.a distribute copies of this summary to the participants and other interested parties within seven days. 0 (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. 0 le (4) Verify that the Contractor is conducting inspections, r preparing reports and monitoring all storm water pollution prevention measures associated with the project. 2 (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 N for 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 ®I 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. 0 (8) Prepare and submit to the Construction Project Manager y 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 perm it(s). CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 10 of 21 Packet Pg. 166 C 8.a (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 le (d). Accidents showing damage 0 (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 N 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 and/or Final Acceptance. (12) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract. (13) 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. CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 11 of 21 Packet Pg. 167 C 8.a 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. (14) As needed, prepare and make presentation before the Board of county and/or county staff in connection with the project covered by this Agreement. le 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 be provided in either paper or electronic format. 1 Construction Documents (drawings, specifications) 2 Special Provisions 3 Copy of the executed Construction Contract. N 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 County Documents: All applicable documents referenced herein shall be a condition of N this Agreement. 6.2 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. CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 12 of 21 Packet Pg. 168 C 8.a Hard hats shall have the name of the consulting firm visibly displayed. 0 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 their license. 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. le 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 y Department of Health. 7.0 LIAISON: ®, N 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 y be reviewed and approved by the Construction Project Manager. 8.0 PERSONNEL: 0 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 13 of 21 Packet Pg. 169 C 8.a required; however, personnel performing a specific task must have the qualifications required for the task. 0 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 Support 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 N 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 months) and six years of engineering experience (two years 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 14 of 21 Packet Pg. 170 C 8.a 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 Certifications: None A Master's Degree in Engineering may be substituted for one (1) y 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 N 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. y 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 15 of 21 Packet Pg. 171 C 8.a Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical 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 II 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: y Qualifications: CTQP Concrete Field Inspector Level I(If applicable) CTQP Concrete Transportation Construction Inspector (CTCI) Level II (If applicable) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level II (If applicable) -- CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft y 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 I N 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 y 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. CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 16 of 21 Packet Pg. 172 C 8.a 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 substantially reduced or suspended, the Consultant will reduce its staff appropriately. le 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. > 2 9.0 QUALITY ASSURANCE (QA) PROGRAM: 9.1 Quality Reviews: The Consultant shall conduct semi-annual reviews to make certain y 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, rI 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 CCEI 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 (30) 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 17 of 21 Packet Pg. 173 C 8.a 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: 0 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 y 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 project specifications, plans, standard indexes, and County y 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 18 of 21 Packet Pg. 174 C 8.a 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. 10.0 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 (30) calendar days of final acceptance; or (b) Where all items of work are complete and conditional/partial acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty (30) calendar days, the final estimate(s) will be due on the thirtieth (30th) day after conditional/partial LM acceptance. A memorandum with documentation will y 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. c 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 19 of 21 Packet Pg. 175 C 8.a services. 0 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 le 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. 2 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, y engage in negotiations leading to settlement of the claim, and 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 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 CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 20 of 21 Packet Pg. 176 C 8.a of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. c 2 i N N c c U CEI Services—Koehn and Big Pine Shores Roadway Project HDR,Inc. May 19,2021 Page 21 of 21 Packet Pg. 177 AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ("Agreement") made and entered into this day of MT)JQ 20 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 LU HDR Engineering, Inc. a foreign corporation of the State of Nebraska, authorized to do business in the State of Florida, whose address is 8404 Indian Hills Drive, Omaha, Nebraska 68114 its successors and assigns, hereinafter referred to as "CONSULTANT", or "CONTRACTOR". WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida; and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00, for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. 0 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 (4) 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 conditionsco that are applicable to such Task Orders. Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the ca 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 stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: �a Packet Pg. 178 C.8.b C c FORM OF AGREEMENT N ARTICLE 1 REPRESENTATIONS AND WARRANTIES 0 By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: v, 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. 1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but 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. 1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to its performance and those directly under its employ. 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 CONSULTANT. co co 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 its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 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. 2- Packet Pg. 179 C.8.b C c ARTICLE II a SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK 0 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 appropriate party by certified mail, return receipt requested, to the following: For the County: 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. c Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 co For the Consultant: Timothy Fish, P.E. Associate Vice President, HDR Engineering, Inc. 15450 New Barn Rd, Suite 304 Miami Lakes, Florida 33014 ARTICLE III ADDITIONAL SERVICES LU 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- Packet Pg. 180 C.8.b 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 N respond with a fee proposal to perform the requested services. Only after receiving an 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, and maps. LU 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. 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. co 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. 4- Packet Pg. 181 C.8.b 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, N 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 CONSULTANT agrees and warrants that it shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and c shall further defend any claim or action on the COUNTY'S behalf. 0 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. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT will hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims 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 c 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 co Timothy Fish, P.E. Project Principal Emilio Corrales, P.E. Project Manager Javier Manso, P.E. Task Manager Transportation Mohammad Pervez, P.E. Task Mgr Stormwater/Drainage LU Robert Turnage, P.E. Task Manager Structural Lenore Horton, P.E. Task Manager Environmental Lynette Cardoch, PhD Task Manager Resiliency Tony Sabbag Construction Engineering Inspect. 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 E replaced the CONSULTANT shall notify the COUNTY of the change immediately. 5- Packet Pg. 182 C.8.b ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 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 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 condition precedent for any payment due under this Agreement, the 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 as the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 2 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: co 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; and b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; and 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. 6- Packet Pg. 183 C.8.b C c 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is N 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, Chapter 440. B. Employers Liability Insurance with limits of One Million Dollars ($1,000,000.00) per Accident, One Million Dollars ($1,000,000.00) Disease, policy limits, One Million Dollars ($1,000,000.00) Disease each employee. 2 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 from use of motor vehicles, including onsite and offsite operations, and co owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. 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 One Million Dollars ($1,000,000.00) per occurrence and annual aggregate. 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 forty-eight (48) months following the termination or expiration of this contract. 7- Packet Pg. 184 C.8.b E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the N 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 c CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. y 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. 0 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 0 9.1 SECTION HEADINGS 0 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. co 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 8- Packet Pg. 185 C.8.b representatives to the other and to the successors, assigns and legal representatives of such other party. N 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. c 0 9.5 TERMINATION v 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 (5) 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 Agreement 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. 9.7 PUBLIC ENTITIES CRIMES y A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contracts to provide any c 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract co 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 thirty-six (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 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 E crime" regardless of the amount of money involved or whether CON USULTANT has been placed on the convicted vendor list. 9- Packet Pg. 186 C.8.b C c CONSULTANT will promptly notify the COUNTY if it or any subcontractor or N subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS 0 CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted y accounting principles consistently applied. Records shall be retained for a period of five (5) 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 (4) 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 enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h 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 < co 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. 10- Packet Pg. 187 C.8.b C c 9.11 ATTORNEYS FEES AND COSTS N 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, c 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. y 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 0 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 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 by Florida law. This Agreement is not subject to co arbitration. The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 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. 11- Packet Pg. 188 C.8.b 9.17 NONDISCRIMINATION N 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 c Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI1 of the Civil y 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 VI11 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 14, Article 11, 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 2 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 co 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 LU 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 12- Packet Pg. 189 C.8.b 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 N 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 this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full c amount of such fee, commission, percentage, gift, or consideration. 0 9.21 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from co public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor ' transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the 13- Packet Pg. 190 C.8.b requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be N inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this c contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request y within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise LU dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12Tx Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY y 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 c 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. `o 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, ca 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 E intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of 14- Packet Pg. 191 C.8.b actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. N 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 c 0 No person or entity shall be entitled to rely upon the terms, or any of them, of this y 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 (1) year following the end of the Agreement. 0 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 co 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 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 15- Packet Pg. 192 C.8.b 9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" N in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by c non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-31441 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part y 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.gpo.gov/davisbacon/fl.htmI under Monroe County. 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 < and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). co Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding 16- Packet Pg. 193 C.8.b agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small N Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended, Contracts and subgrants of amounts in c excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water y Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). LU 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 2 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. co Other Federal Requirements: 9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.10 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 E 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 17- Packet Pg. 194 C.t3.b C CONSULTANT and subcontractors shall not discriminate on the basis of race, color, .2 national origin or sex in the award and performance of contracts, entered pursuant .2: to this Agreement. 9.30 The Consultant and sub cosultants 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 subconsultant during the Contract term. 9.31 The Appendices I, A and E of the FDOT Standard Professional Services Agreement Lu are attached hereto as Attachment B and the Certification for Disclosure of Lobbying Activities on Federal Aid Contracts, the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts, and the Conflict of Interest/Confidentiality Certification are attached hereto as Attachment C and all made a part hereof. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly o representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS MAIOK, Clerk OF MONROE COUNTY, FLORIDA � ,. c y, c By: C B Deputy Clerk Oil 6-7 !�®`V Mayor/Chairman � co Date: l2 1 MONROE COUNTY ATTORNEYS OFFIC r® APP TO R r� vEd�AS J t Z PATRICIA FABLES AN:DWARDER ASSISTANT COUNTY ATTORNEY UJ .'W.0 I A�r ,®�.. � >1 Notary Ptate of Floridai My Comms Feb 14.2016(Seal) " ''` CommiFF 092975 CONSULTANT , Attest: "°'a��F�"`' eondeifta NotaryAan. HDR ENGINEERING, INC. BY: By. Title: Title: air END OF AGREEMENT 18- Packet Pg. 195 C.8.b ATTACHMENT A CONSULTANT RATES 0 0 0 co c 19- Packet Pg. 196 C.8.b c ON CALL PROFESSIONAL ENGINEERING SERVICES RATE SCHEDULE N I DR ENGINEERING,INC„ 0 E, 0 F krh,=Burl Prof Level Position Title Rues y Level'2 EngineerTechn,clan $7°• U Level 2L Engineer Asscuia`:e $94 Level 4 S"aff Engmees,, $123= Level 5 :senior Engineer $IP'c? Level 6 Lead Engineer'Psfoject[,1,,tacler Level 7 _,hief Cctn,3Ll1bng Engineer $'3c Le=red S Principal Engineer $267 Ha ttf.Eurdatpecl 0) Prof Level Position Title Rues Level 2 Engineer Technician $36 Level 3 Engineer As,;ociate $36 Level 4 Staff Gootech Eng e.er 1 gr; Level 5, Senior GeoteuhnlcalEngineer WA Level I Lead teGteuhrical EnrlrrPY7j. ck Manager 13 _ Level a Chief COrIsa_ilting Geotach Engineer S237 consm _ le H,0j Eia• :1 Rates Prof Level Position Title Level 3 Inspem n Technician $61I Level 3 Inspection Associate $9E Level 4 Staff#lnspecr on Rep S 113 Levels Sensor Inspection Rep, '14'1 0 Level Leah Inspection sop Peal l0anager s'1cLk 0. Level? Chiefr3011sudtinglns,p-ectol 5225 00 r h r H�llli'r,"Buri?n,�tl ' Prof Level Flosot€on Title Pie Ca Level 2 C%+DD Te nnicia;1 $73 Level 3 C%+DD Assocrate $'g Level 4 Staff Designer $104 CD Level F, ;senior Designer $f 13 d Level 6 Lead Des gnef/Proj Manag?r $`44 0) Level 7 Chef Cons:r(ttn_t Designer $t'!s CD UJI Paue_f of 4 U 20- Packet Pg. 197 C.8.b C ON CALL PROFESSIONAL EN INEEIRIFJG SEISES N RATE SCHEDULE >_ HDR ENGINEERING,INC. O Archmecturd Semoes O HoUd'r ELdf ler,e i 4" N Praf Level Fossrfon Title Fite Level 2 Architect,Techni an,, $f 2 Level 3 Architect Associ to Level Staff Architect v'118 Level S Senioi Architect u15 Level 13 Load Arch itectPrn€lwlanag-r s183 � Level 7 C:hipf C.cinsfuh n:l Ard,,rIeer S222 U Wici les EeDnoni ) Hgjit;6LIMpred Rates Prof Leval Position Tstte Level 2 P=ammng Technician $79 Level 3 P=ammng Assoc ate $94 Level Staff Planner S125 Level 5 Senior Planner C147 Level to Lead Planner'Pre,Manager S198 Level 1 Chief C'0II3 LI flog Pia 11n 2 er 73 Teci�[r14h1'Yr�l B� Hrxlii,�Esur% v�1 (/j Prof Level PosMon Title P-at-s Level l ,ss.istantt 5C8 Le'u'el2 Technical'"FrlteuErIMt 574 O Level °"rssociateT h .rlterilzditor 584 � Laval T taffTech','a'rrteCfEditd r S109 O La've1 5 Senior Tech ",'riter'Editor s115 Level G Lead Tech A'ritei'Editor`Pms Mw-,ager w141 Level T 1 Chief Cnsltg Tech ritertEditor S252 cx� r h r TechncWOuaityAssLFmoe tYC al r HOL111',r"BL1r, d ProfLevel Fossbcn Title P atss 232 Le'ae 1 5 Senior Qual t Assurance Specia;rss: u•.153 uj Level 5 Lead QLl H€ y Asaurance SpecrP Manager u;19'3 CD Level- Ch,of C aalit"Assuran Ce Speelalfst S226 Pana2of U 21- Packet Pg. 198 C.8.b c ON CALL PROFESSMALEAI N RATESCHiEDULE HDR ENGINE ,MC. 0 Fmwmnaiul5 & 0 4- Ho-0 Burden y Rate s � Prof Level Position T.t1e Level C Seien &'Ana1,�st Technician S66 Level z 5cicnce�Analrst Associate S26 Le''el Staff ScienceAnalList u;114 uj Lcael Senior SclenceiAnal'yst 51n2 (� bevel 6 Lead,Scle',ceiAnalysUFT01 Man2{ger Le3ee1 7 C'Nef;science Analy,,st S225 U P arleling HaD.eri,>Buri° Pfef Levee Rates Position Title, = Level 2 H'•,,dralr tc fwlaleler rechn)cian S;r37 Level? H°•crrlci is P.adeler.tisscicia€e 302 Level 4 Staff Hydrologic Modeler S115 Level 5 Senior H'°cirolo is falocteler S16,S Level 6 Leaci H intro Miade;er[Piroj N19nu er 1 a 22 l Level 7 Chief Consulting Hydro f 10 Ieler F+ Hydmogeol'ogy le Hourly BLIZen d cn Rsof Level Position Tine RT.es e® bevel H°:sir' eouYqjTeehrrician 95 Level' H°•ecrr c1,.Associate $cis Level Staff H droteoln st: S1tS, Level S Senior H'dre eolo ist 1 Level E. Lead H rlweolo ist'Pro,Manager �,17 7 0. Level? Grief Consulting H,:clrragealogist $205 r CIS IRS h r HaVy f3'LIrdai&l Pfof Level Pos.roan Title Rest Level 2 < I€`_;IRS Te,chimclan Level i &S RS Associate AO aS'97 Level 4 lS;tqff G1&1RS;rral'st Levels Senior GI'S R'3 Ar,alys,t 123 Level 6 Lead.3IS RS ti ralyst Pin f.lanager $177 � Level F Chief Consulting G=7fRS AnW sr $211 Page 3 of 4 � U 22- Packet Pg. 199 C.8.b c c RATE SCHEDULE HOR ENGINEEFZNG,I 0 Finis Cads( i "19) Hcuty BUrdrq,e Prof Level Position Title Rues CJ Level 3 Anodite Programs,:cont_rols Specialist $89 � 0 Level 4 tt off Programs Oontrnis Speuialist S125 Level 5 senlcr controls``;pecolist ---1s9 Level Lead Controls SpeciglistiProi Pufan y+er �179 Level 7 Chief Consulting Specialist "21,2 °r AdmintsTaum Stppon H,-u,7pEur 7ec1 Prof Level Position Title Rams Level f Clerical Assistant S43 Le^ei 2 IericalAssociate 55 Level s - ns;itrist€ tine:Associate 70 ci Level 4 Senior`Cn'Inlstrazive Associate ` le 0 0 h Page 4 faf 4 � 23- Packet Pg.200 C.8.b c c ATTACHMENT B �- APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT 0 0 0 co c 24- Packet Pg.201 C.8.b C c LOCAL AGENCY PROGRAM FEDERAL AID TERRIS 1,75-o40-84 > For PROFESSIONAL SER\ICES CONTRACTS PROGRAM MANAGFMFNT 04+15 Page 1 Dr,3 U) TERMS FttiR FEDERAL AID CONTRACTS(APPENDIX Il: The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: O A. It is understood and agreed that all rights of the Local Agency relating to inspection,review,approval, patents,copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records N relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. 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 U.S. Department of Transportation,anything to the contrary in this Agreement not withstanding. tJ C. Compliance with Regulations: The Consultant shall comply with the Regulations:relative to nondiscrimination in Federally-assisted programs 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,vork 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 shall 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 all solicitations made by the 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. F. Information and Reports: The Consultant will provide all information and reports required by the Regulations.or � directives issued pursuant thereto and shall permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Local Agency Florida Department of Transportation, 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 y instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information,the Consultant shall so certify to the Local Agency,Florida Department of Transportation,Federal Highway Administration, Federal Transit Administration. Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to obtain the information. G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract,the Local Agency shall impose such contract sanctions as it or the Florida Department 0. of Transportation, 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 r 2. cancellation,termination or suspension of the contract,in whole or in part. t" r r H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every , subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations,order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency,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 such provisions,including sanctions for noncompliance. In the event a Consultant ' becomes involved in,or is threatened with,litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency,and,in addition,the Consultant may request the United States to enter into such litigation to protect the interests of the United States. I. Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1954(42 U.S.C.§2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4501),(prohibits unfair treatment 25- Packet Pg.202 C.8.b C c LOCAL AGENCY PROGRAM FEDERAL-AID TERNIS 3Ts-040-24 N For PROFESSIONAL SERVICES C ONTRACTS PRo�P�rn MANAGEMENT aat1s 'a Page 2 of 3 .� of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid High.vay Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex);Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis of disability): and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age), Airport and Airway Improvement Act of 1982, (49 USC§471, Section 47123), as � amended. (prohibits discrimination based on race,creed, color, national origin, or sex);The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The y Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms''programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III Of the Americans with � Disabilities Act.which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 12131 -- 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 36; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and lovv-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited' English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). — J. 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. K 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. L. 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. le The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race.color,national origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 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 termination of this contract or other such remedy as the recipient deems appropriate. M. It is mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal La%,,,. Accordingly, United 0. States Code,Title 18,Section 1020,is hereby incorporated by reference and made a part of this Agreement. N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR,Section 26.51,was erroneous when submitted or has become erroneous by reason of changed circumstances,the Consultant shall provide immediate written notice to the Local Agency.It is further agreed that the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary r Exclusion-Longer Tier Covered Transaction"as set forth in 49 CFR,Section 29.510,shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. , U O. The Local Agency hereby certifies that neither the consultant nor the consultants representative has been required by the Local Agency,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; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection I j with this contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws, 26- Packet Pg.203 C.8.b C c LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-C40-84 For PROFESSIONAL.SERVICES CONTRACTS PROGRAM MANAGEMENT 04�15 Page3of3 U) both criminal and civil. P. The Consultant hereby certifies that it has not: 1. employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee vvorking solely for the above contractor)to solicit or secure this contract; y 2. agreed',as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this contract;or W 3. paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for the above contractor)any fee contribution;donation,or consideration of any kind for,or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency,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. 0 0 LU h r r tJ 27- Packet Pg.204 C.8.b C c APPENDICES A and E Revised 01,12015 During the performance of this contract, the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the"Contractor")agrees as follows: (1.)Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted' programs of the U.S. Department of Transportation y (hereinafter, "USD07) 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. (2.) Nondiscrimination: The Contractor, 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 materials and leases of equipment. The Contractor shall 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. (3.)Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for _ work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor'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. (4.) Information and Reports: The Contractor shall provide all information and reports required _ by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,other sources of information, and its facilities as may be determined by the Florida Department of Transportation; the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and y instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier, Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. > 0 (5.)Sanctions for Noncompliance: In the event of the Contractor's 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 the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: r a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit — I 28- Packet Pg.205 C.8.b C c Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor 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 Contractor may request the United States to enter into such litigation to protect the interests of the United States. (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.G. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, _ The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms`:programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's lion-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Lew-Income Populations, which en ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended', which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). ram. LU U 29- Packet Pg.206 C.8.b ATTACHMENT C N Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts 0 0 0 0 2 CO LU 30- Packet Pg.207 C.8.b C 0 375430.M PROCUREMENT 1001 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES � ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) 0 The prospective participant certifies, by signing this certification, that to the best of his or � her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the LU undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of d any federal contract, the rnaking of any federal grants the making of any federal loan, the entering into of any cooperative agreement, and the extension. continuation, renewal, amendment, or modification of any federal contract, grant, loan. or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-Ll-L. "Disclosure of Lobbying Activities", in accordance with its instructions. � (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) le This certification is a material representation of fact upon which reliance was placed when this transaction 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 cavil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she co shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100 and that all such subrecipients shall certify and disclose accordingly. LU Warne of Consultant - R LU Pyr Date _ t_.m.- _.... .� ....... C-) Authorized Signature Title '% { :31- Packet;Pg. 208 C.8.b C 0 .STATE ,F FLORIDA,CEPA.r=<.7t.3ENT .r_x!', „K OF?'"t,'.,.;Fa y 7 5 0"M}.s; � CERTIFICATION GA I A T,SUSPENSION, Pqr11,i iR E W i'' INELIGIBILITY OLU TA Y EXCLUSION- LOWER TIER COVERED TRANSACTIONS L AID CONTRACTS 'Compliance with 2 CFR Darts 180 and 1200 � ti 0 I .2 Instructions for Certification Instructions for Certification-Lower Ter Participants: (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25-000 or more-2 CFR Farts 180 and 1200) a.By signing and submitting this proposal,the prospective to per tier is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed :,hen this transaction was CD entered into. If,t is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,rn addition to other remedies available to the Federal Government,the department or agency with which this transaction originated UJI may pursue available rernedses,including suspension aradior debarment c,The prospective lower tsar participant shall provide immediate written notice to the person to which this proposal is submitted f at any time the prospective lower tier participant learns that its certification.-has erroneous by reason of changed circumstances d.The terms"covered transaction,""debarred""suspended,""ineligible:""participant,""person,"""principal,"and"voluntarily � excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to Nhlch this proposal is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions'refers to any covered transaction bet.veen a grantee or subrantee of Federal funds and a participant(such as the prune or general contract)."Lover Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction ;:such as subcontracts;. "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subrantee of h® Federal funds(such as the prime or general contractor;."Lower Tier Participant"refers any participant -vho has entered into a covered transaction with a First Tier Participant or other Lo,°wer Tier Participants(such as subcontractors and suppliers a 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. 00 f,The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled r "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,' Althout r® modification,in all lower tier covered transactions and 'n all solicitations for Tower tier covered transactions exceeding the $25,000 threshold, r CJ g A participant in a covered transaction may rely upon a certification of a prospective participant in a lo.,-rer tier covered transaction that is not debarred,suspended,ineligible.or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended.debarred,or otherwise ineligible to participate in covered transactions,To verify the eligibility of its principals,as Drell as .he eligibility of any CD lower tier prospective participants,each participant may but its not required to,check the Excluded Parties Let System website iihttps 'vx1-V,,v.epls.govrl,which is compiled by the General Services Administration_ a� It Nothing contained in the foregoing shall be construed to require establishment of a systenn of records in order to render in good faith the certification required by this clause The kno^ledge and Information of participant is not required to exceed that which:s normally possessed by a prudent person in the ordinary course of business dealings Except for transactions authorized under paragraph a of these ristructions If a participant in a covered transaction kno vir ly enters into a 3o,ver tier covered transaction �.ith a person ,,,rho€s suspended,debarred,ineligible,or voluntarily excluded from participation n this transaction,in addition to other remedies available to t9ie Federal Government,the department or agency za th which this transaction on €nated may pursue available remedies, ncluding suspension and='or debarment. 2- PacketiPg. 209 C.8.b C 0 CONFLICT INTERESTICONFIDENTIALITY CERTIFICATION FOR CONSULTANT/CONTRACTORITECHNICAL ADVISORS l certify that C have no present conflict of interest,that 1 have no knowledge of any conflict of interest that my firm may have,and that I Mli recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants,Contractors are expected to safeguard their ability to make objective:fair,and mpartial decisions rihen performing°,wirk for - the Department and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants in performing E.ork for the Department should avoid any condLjct whether in the context of business,financial,or social re'atbonshpsj ,vhich might undermine the public trust,whether or riot that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation i"Department";related to the procurement of the above-referenced "Project"i that I gain access to as a result of my involvement wth the Project j°Procurement Information",. I understand that Procurement inforrinatron includes,but is not limited to,documents prepared by or for the Department L) related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers"), I understand that Procurement Information may include documents submitted by Proposers related to etters of responsefletters of interest„technical proposals price proposals, financial proposals,and information shared during exempt meetings,I also understand that Procurement Information may also include documents that evaluate or revie,ny documents submitted by Proposers,and information regarding Project cost estimates.I also agree not to discuss the Project .i�ith anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any � Procurement Information except to individuals,rho have executed a Conflict of Interest[Con dentiality Certification which has been approved by the Department i"Project Personnel") l understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such UJ request to the Department's Procurement Office.I wiIi also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities,unvvarranted privileges or exemptions,favors,or anything of valise from any firm under consideration for an agreement associated ,,.nth the Project.and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering,pursuant to Section 838-22 Florida Statutes. 1 realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize ie that violation of the above mentioned statute ,,would be punishable in accordance with Section 838.22,Florida Statutes., Advertisement No.O Description Financial Project Nurnber(s! Solicitation No 0 00 ._— — — - — ._.. — — ------------------------- Each undersigned ndividual agrees to the terms of this Conflict of°nterest/Confidentiality Certification, r Printed dames Signat�s Date " - - ` d _._....._................ __ _..... ,air Packet iPg. 210 C.8c I DATE(MMIDDAMY ILIABILITY I 06/1/2021 20 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE ca BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN URER( ), AUTHORIZE r REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. 0 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorse .y If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement 1 16 this certificate does not confer rights to the certificate holder in lieu of such endorsament(s). . PRODUCER Lockton Companies CAMT CF 444 W.47th Street,Suite 900 PHONE FAX � o. Kansas City MO 641 1 2-1 906 tE AIL E$R9 tatc,Nna: (816)960-9000 AraRaaEss: — 0 INSURERISI AFFORDING COVERAGE _. NA€G S INSURER A:Lexington lnsuraneg_Corn an 194 INSURED HDR ENO1N1a£.Rr NO.D,INC. INSURER B -------------- N 1429676 1917 SOUTH 67TH STREET INSURER c: 0) OMAHA,NE 68106 INSURER 0: INSURER E; � INSURER F: LU COVERAGES CERTIFICATE:NUMBER: 16098841 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED T6 THE INSURED NAMED ABOVE FOR THE POLICY PERIC O INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR DITHER DOCUMENT WITH RESPECT TO WHICH'1. w CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL-THE TERMS 6y EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. � ILTRNSR PE O€INSURANCE ADDL SUBR POLICY NUMBER M NIDDT EFFY MM1n�EXIT LIMITS -_ — 8 COMMERCIAL GENERAL LIABILITY � 1lC9'I'APfBLICAI3LE EAch§OCC;URRENCE s XXXXXXX RAMA •� CLAIMS-MADE OCCUR ( POE. E TCI RENTED I ' T PREMIsss Ea nexurreneeAP s XXXXXXX 3 NED EXP(Any one person) s XXXXXXx .® ADV INJURY s XXXXXXLU GEN'L AGGREGATE LIMIT APPL ES PER � GENERAL AGGREGATE s x. XXX PRO` 11/3/2 0 2 0 �,�®���. — POLICYLicv JECT ... LDS: .�.,---� --�—� PRODUCTS-COMPIO7PAGO S XXXXXXX _ s OTHERI WAMP AUTOMOBILE LIABILITY COMBINED egSINGLE LIMIT S XXXXXXX ANY AUTO) BODILY INJURY(Per person) s XX.rXX.XXx OWNED SCHEDULED BODILY INJURY(Perneddent $ � AUTOS ONLY AUTOS ) XXXXa�XX -a HIRED NON-OWNED PROPERTY DAMAGE i AUTOS ONLY AUTOS ONLY Per XXXXXXx zccic4en4).....--'------------ s s XXXXXXX _" UMBRELLA LIAR OCCUR NOTAPPLICABLi; EACH OCCURRENCE $ xxxxxxx M EXCESS LAB CLAIMS-MADE AGGREGATE $ xxxxxxx � d:D:e:-=�IETENTION s s .XX.XXXXX 4- WORKERS COMPENSATION NOTAPPLIC'At3LE SPER I TATUTE ORH 0 AND EMPLOYERS'LI ILI ER ObFFICERJMEMBER EXCLUDED?ANY ECUTIVE YIN�-"') N t A E.L.EACH ACCIDENT 5 X}i '.X .X�{ 0 (Mandatory In NH) �1 E.L.DISEASE-EA EMPLOYEE s XXXAXXX It yes,describe under """'-------- CL DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIM1flIT $ XXXXXX� A ARCH&ENG N N 061853691 6 12020 6/1/2021 PER CLAIM:$1,000,000 PROFESSIONAL AGGREGATE-: $2,000,000 r LIABILITY r DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (ACORG 101,Additional Remarks Schedule,may be attached if more space is required) t9 ON CALL PROFT'ESSIONAL ENGINEERING SERVICES. C J 0 L_ CERTIFICATE HOLDER CANCELLATION 160941 MOiJROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOI 1100 SIIVaC)Nt1 CAN STREET THE EXPIRATION DATE THEREOF, NOTICE WILL RE DELIVERED 0 KEY WEST FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. L) AUTHORIZED REPRESENTATIV M r r Q T C� 1988 015 ACORD CORPORATION. All rights resere ACORD 25(2016/03) The ACORD name and logo are registered marks of ADORE, Packet Pg.211 Pag CERTIFICATE OF LIABILITY INSURANCE DATE(° . 10/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. v' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center NAME Willis Towers Watson Midwest, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 F' 1-888-467-2378 A/C No Ext: A/C,No: W P.O. Box 305191 ADDRESS: certificates@willis.com O Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Liberty Mutual Fire Insurance Company 23035 INSURED INSURERB: Ohio Casualty Insurance Company 24074 xDR Engineering, Inc. 1917 South 67th Street INSURERC: Liberty Insurance Corporation 42404 Omaha, NE 68106 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W18492563 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000, FNITI CLAIMS-MADE OCCUR DAMAGE TO RENTED 1,000, '® PREMISES Ea occurrence $ A X Contractual Liability10, MED EXP(Any one person) $ Y Y TB2-641-444950-030 06/01/2020 06/01/2021 PERSONAL&ADV INJURY $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000, POLICY jECT � LOC PRODUCTS-COMP/OPAGG $ 4,000, OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000, Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y AS2-641-444950-040 06/01/2020 06/01/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS le HIRED NON-OWNED PROPERTY DAMAGE $ (nj AUTOS ONLY AUTOS ONLY Per accident $ cu UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000, B O X EXCESS LAB CLAIMS-MADE Y Y EUO(21)57919363 06/01/2020 06/01/2021 AGGREGATE $ 5,000, cu DED X RETENTION$ 0 $ WORKERS COMPENSATION X PER OTH- �. AND EMPLOYERS'LIABILITY STATUTE ER C ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000, OFFICER/MEMBER EXCLUDED? No N/A Y WA7-64D-444950-010 06/01/2020 06/01/2021 1,000, (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under r" DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000, CV P' U7 X 0) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) U Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by writtei M contract and as permitted by law. Umbrella/Excess policy is follow form over General Liability, Auto Liability and Employers Liability. IS T AP CJ !79r� BY- r CERTIFICATE HOLDER 11/3/2 0 2 0 4CELLATION p: A_ IOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI , IE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II With attachments ACCORDANCE WITH THE POLICY PROVISIONS. � AUTHORIZED REPRESENTATIVE Monroe County BOCC (B 1100 Simonton Street Key West, FL 33040 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet,Pg.212 SR ID: 20257511 BATCH: 1866126 AGENCY CUSTOMER ID: LOC#: A�® ADDITIONAL REMARKS SCHEDULE Page 2 Of _ 0 AGENCY NAMED INSURED Ch Willis Towers Watson Midwest, Inc. }iDR Engineering, Inc. 2 1917 South 67th Street POLICY NUMBER Omaha, NE 68106 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIvE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance U Project: Sea Level Rise Vulnerability Analysis and Planning for County Maintained Roads Infrastructure Adaptation - Monroe County; On Call Professional Engineering Services. Additional Insured: County. U r3 r3 r3 r N r X U 05 r3 tJ U r3 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.213 SR ID: 20257511 BATCH: 1866126 CERT: W18492563 Policy Number. TB2-641-444950-030 C c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT 0 0 This endorsement modifies insurance provided under the following: y COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All locations owned by or rented to the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits" brought; or obligated to pay as damages caused by "occur- rences" under Section I —Coverage A, and for all bringing "suits". medical expenses caused by accidents under Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "loca- damages or under Coverage C for medical tion"shown in the Schedule above: expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- 1. A separate Designated Location General nated "location". Such payments shall not re- Aggregate Limit applies to each designated v, "location", and that limit is equal to the duce the General Aggregate Limit shown in the Declarations nor shall they reduce any amount of the General Aggregate Limit other Designated Location General Aggre- shown in the Declarations. gate Limit for any other designated "location" c 2. The Designated Location General Aggregate shown in the Schedule above. > Limit is the most we will pay for the sum of all c 4. The limits shown in the Declarations for Each damages under Coverage A, except damag- Occurrence, Damage To Premises Rented To es because of "bodily injury" or "property You and Medical Expense continue to apply. damage" included in the "products-completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Packet Pg.214 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- M rences" under Section I —Coverage A, and for all vided, any payments for damages because of .. : medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to operations at a single designated reduce the Products-completed Operations Ag- "location"shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen- damages or under Coverage C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi- v, under the General Aggregate Limit or the nitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit, whichever is applicable; and "Location" means premises involving the same or 2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. LU 0 2 cv x Page 2 of 2 © Insurance Services Office, Inc., 2008 CG packet Pg.215 Policy Number. TB2-641-444950-030 C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. N DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT W 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All construction projects not located at premises owned, leased or rented by a Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I —Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 0 struction Project General Aggregate Limit for 1. A separate Designated Construction Project General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- W cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a, a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Packet Pg.216 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- M rences" under Section I —Coverage A, and for all vided, any payments for damages because of .. : medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- cU nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. LU 0 2 cv x Page 2 of 2 © Insurance Services Office, Inc., 2008 CG packet Pg.217 POLICY NUMBER: TB2-641-444950-030 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 .N THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR 0 ORGANIZATION 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ) 0 A. Section II - Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been p ut to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor _ the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III- Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a c ontract or agreement, the will pay on b ehalf of the additional insured is the insurance afforded to such additional insured amount of insurance: > 2 will not be broader than that which you are 1. Required by the contract or agreement;or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of .� Insurance shown in the Declarations; B. With respect to the insurance afforded to these additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the 0. This insurance does not apply to bodily injury or applicable Limits of Insurance shown in the Declarations. "property damage"occurring after: CG 20 10 04 13 © ISO Properties, Inc., 2012 Packet Pg.218 SCHEDULE Name Of Additional Insured Person(s) .N Or Organization(s) Location(s) Of Covered Operations Any person or organization with whom you have Any location where you have agreed, through agreed, through written contract, agreement or writtencontract, agreement or permit, to provide permit to provide additional insured coverage. additionalinsured coverage 0 0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 0 m 0 2 cv x CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Packet Pg.219 POLICY NUMBER: TB2-641-444950-030 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 .N THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization to whom or to which Any location where you have agreed, through you are required to provide additional insured written, contract, agreement or permit, to provide status in a written contract, agreement or permit additional insured coverage for completed — except where such contract or agreement is operations. prohibited. m Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 0 A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the ry described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a c ontract or agreement, the insurance afforded to such additional insured will not be br oader than that which you are equired by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Packet Pg.220 Policy Number TB2-641-444950-030 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Section IV-Conditions 4. Other Insurance and supersedes any provision to the contrary: U 0 Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed prior to a loss, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (3) This insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same 'occurrence", claim or"suit". 0 2 cv x LD 24 153 08 16 ©2016 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg.221 POLICY NUMBER: AS2-641-444950-040 COMMERCIAL AUTO CA 20 48 10 13 .N THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 0 0 This endorsement modifies insurance provided under the following: y AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM 0 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured > provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. x CA 20 48 10 13 © Insurance Services Office, Inc., 2011 rp Packet Pg.222 C Policy Number:AS2-641-444950-040 T Issued by: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING 0 This endorsement modifies insurance provided under the following: y BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM W MOTOR CARRIERS COVERAGE FORM _ TRUCKERS COVERAGE FORM 0 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization where the Named Insured has agreed by written contract to include such person or organization Regarding Designated Contract or Project: Any Each person or organization shown in the Schedule of this endorsement is an"insured"for Liability Coverage,but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. > 0 The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the r agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be n! primary and we will not seek contribution from such insurance. x CJ AC 84 23 0811 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc., with its permission. Packet Pg.223 POLICY NUMBER: TB2-641-444950-030 N WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: 0 COMMERCIAL GENERAL LIABILITY COVERAGE PART y PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement 0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule _ above because of payments we make for injury or damage arising out of your ongoing operations or your work" done un der a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies v only to the person or organization shown in the Schedule above. 0 2 cv CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Packet Pg.224 POLICY NUMBER: AS2-641-444950-040 COMMERCIAL AUTO CA 04 44 10 13 .N THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 0 This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. m The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a c ontract with c that person or organization. > 0 cv x CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Packet Pg.225 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT c We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 0 Schedule Where required by contract or written agreement prior to loss. 0 m 0 2 cv x Issued by:Liberty Insurance Corporation For attachment to Policy No WA7-64D-444950-010 Effective Date 06/01/2020 Premium $ CJ Issued to:HDR Engineering, Inc. WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 Packet Pg.226 Policy Number TB2-641-444950-030 Issued by Liberty Mutual Fire Insurance Company c M THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: c 0 BUSINESS AUTO COVERAGE PART y MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART U COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): As required by written contract or As required by written contract or 30 written agreement written agreement A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in c coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. x All other terms and conditions of this policy remain unchanged. LIM 99 04 03 14 ©2014 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg.227 Policy NumberAS2-641-444950-040 Issued by Liberty Mutual Fire Insurance Company c .N THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: c 0 BUSINESS AUTO COVERAGE PART y MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART U COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): As required by written contract 30 or written agreement A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in c coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. x All other terms and conditions of this policy remain unchanged. LIM 99 04 03 14 ©2014 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg.228 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF MATERIAL CHANGE N We will not make changes that reduce the insurance afforded by this policy until written notice of such reduction has been delivered to those scheduled below at least 30 days before the effective date of the material change to the insurance afforded by this policy. 0 Our failure to provide notice under this endorsement will not affect the validity of the changes except as it relates to the person or organization listed below. 4- NAME ADDRESS As required by written contract or written agreement 0 m In no event will the notification be less than the minimum days required for notification by state statute. Notification will be provided to all parties in a manner as required by state statute, if any. 2 cv This endorsement is executed by the Liberty Insurance Corporation Premium: Effective Date:06/01/2020 Expiration Date 06/01/2021 For attachment to Policy No:WA7-64D-444950-010 Countersigned by Authorized Representative End. Serial No. WC 99 20 15 Page 1 of 1 Ed. 09/01/2010 Copyright 2010 Liberty Mutual Group of Companies.All Rights Reserved Packet Pg.229 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 2074 (Ed. 12-16) c NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below by email as soon as practical after notifying the first Named Insured. c B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. 2 Schedule Name of Other Person(s)/Organization(s): As required by written contract or agreement 30 Days m 0 2 All other terms and conditions of this policy remain unchanged. cv x Issued by Liberty Insurance Corporation For attachment to Policy No. WA7-64D-444950-01 O Effective Date y 06/01/2020 Premium $ Issued to HDR Engineering, Inc. Packet Pg.230