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Item C10 C.10 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C.10 Agenda Item Summary #11551 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754 N/A AGENDA ITEM WORDING: Approval of Amendment 2 to task order with RS&H, Inc. for Construction Engineering and Inspection Services (CEI) for the 1st Street and Bertha Street (Key West) Roadway and Drainage Improvement Project. This task order is being increased due to construction contract change orders in the maximum not to exceed amount of$104,301.05. ITEM BACKGROUND: The County requires CEI services for various roadway improvement projects. An RS&H, Inc. task order was issued for the Is' Street and Bertha Street (Key West) project. There have been 8 construction change orders on the project associated with items such as: unforeseen underground conditions that have affected drainage installations and additional items requested by the City of Key West such as the addition of landscape and driveway cutouts, specific maintenance of traffic during construction constraints and relocation of a bus shelter. Currently, the 8 change orders have added 197 days, and weather has added 39 days to the contract. Therefore, a funding increase and time extension to the CEI services contract is warranted and required. First Street runs from North Roosevelt Blvd (US 1) to Flagler Avenue and Bertha Street runs from Flagler Avenue to South Roosevelt Blvd. Monroe County's responsibility is for the maintenance and repair of the asphalt roadway and base, and drainage system only. The construction scope includes items requested by and maintained by the City of Key West (City), through an interlocal agreement with the County, such as sidewalks, a shared use bike path, traffic control devices and landscape cutouts. The construction phase of the project is partially funded by a Florida Department of Transportation (FDOT) Small County Outreach Program (SLOP) grant. PREVIOUS RELEVANT BOCC ACTION: April 20, 2022—The BOCC approved Amendment 1 to the task order with RS&H, Inc. for Construction Engineering and Inspection (CEI) services for the Is' Street and Bertha Street(Key West) Roadway and Drainage Improvement project in the not to exceed amount of$202,517.89. June 17, 2020 —The BOCC approved a task order with RS&H, Inc. for Construction Engineering and Inspection (CEI) services for the Is' Street and Bertha Street(Key West) Roadway and Drainage Packet Pg. 327 C.10 Improvement project in the not to exceed amount of$411,723.35. April 15, 2020 —The BOCC approved Amendment 2 to extend for 1 year renewal the continuing services contract with RS&H, Inc. for Construction Engineering and Inspection (CEI) services for the County Roadway and Drainage Improvement Program. May 20, 2015 - The BOCC approved a continuing services contract with RS&H, Inc. for Construction Engineering and Inspection (CEI) services for the County Roadway and Drainage Improvement Program. CONTRACT/AGREEMENT CHANGES: increase due to construction change orders STAFF RECOMMENDATION: Approval of Amendment 2 to task order with RS&H Inc. for CEI services for 1st Street and Bertha Street Roadway and Drainage Improvement project. DOCUMENTATION: RSH Amendment 2 executed RSH Inc EXEC 1 st Amendment 1 st Bertha RSH 1st and Bertha EXEC Task Order RSH Contract EXEC - 5-20-15 FINANCIAL IMPACT: Effective Date: January 18, 2023 Expiration Date: 60 days after final completion including FDOT SCOP closeout Total Dollar Value of Contract Amendment 2: $104,301.05 maximum not to exceed Total Cost to County: $104,301.05 Current Year Portion: $104,301.05 Budgeted: yes Source of Funds: 304-27003-CR1605 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: N/A County Match: no Insurance Required: yes Additional Details: County Road Program 01/18/23 304-27000 - TRANSPORTATION PROJECTS $104,301.05 County Roadway Program REVIEWED BY: Judith Clarke Completed 12/14/2022 12:19 PM Christine Limbert Completed 12/14/2022 1:44 PM Packet Pg. 328 C.10 Purchasing Completed 12/14/2022 4:38 PM Budget and Finance Completed 12/19/2022 10:03 AM Brian Bradley Completed 12/19/2022 10:28 AM Lindsey Ballard Completed 12/19/2022 10:48 AM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 329 C.10.b AMENDMENT ylll;lllNT 11"°yu TASK ORDER FOR, Ct"'ytN^ S IRLI "p"I ION III NGINEI;UI'IIIIIII`lw IIUUU' AND INSPEC 110 (QI.m;t( SERVICES ICE 13ETWEEN 1904t OE COUNTY D r W tl INC. R T D I�t911m,t' .�t�. y� 'IC; 74�1 yut ""ttmIllU;y'I�"'r ( .VNn'N 'IIII; "T( tC D' u� Il t t� ID IR Ill t �i��.E t �„ IIRR UUIIIIIII;t' ylltUll' ""III." to a��.m�.� plwda nce ithi th(l Cm.a��mj� � Unrnct �.�°arnt:raacct to°ar° narn�rwtirn.ac:ntucaon IIC:Uiam��:�u�n� w�plNa�na ��irn �w�a���w�K:a�:��°u�a�w Lm (CB) Servn ce araaade and entered orr the 200 dayof Apill 2022 be seerw Plllolircir e � County, IVmnarcatnnatter rf:,tfbrred to as tine "County," and RS&I..t INC., tnccrrntrnafter referred to as "Co n.su tar°nt", for the Monroe t":tcaa..unnty Roadway and D41naage hnraprr"anrcarrnerrt F°lror grarn. Rn, Con.ntracnt for t°scair°uatrcn 06 cct.tc°airw tIU tc rrnn and c:earnrti°°it�wrrnra c::tt' twtar;r nr t'caraarcccact tw tairnt.i°iurar.wuirig t`;;rn t neertcntt and IUrnaapecptUrarn (CID) Services gnat:ply to tl,i ae ..Faatc Order, u.arntanss the 'Task Orck,lr. rrncnciffi s an Article of the AgreeMent of naatntcctn mitt be aratacar.attic:calHy rreferem:,ld tra ttnta ..1Fask Order and the rrnc:AfficcaatUcarn sha be paaredis6ly described, WHEREAS,EAS, on Apiril 15, 2020, the County and CcnnsuUtarnt rrnutu.natty agreed to 0 t g na�,oen n aandIIlru tncrac:cttcarn � ,ncnc;rnctnnncru°°rt to theC®caoratur°anarie°mt Contract tcan° t: caw°n trnuw::°at�a°nw°n UFmNrnti (CI..K Sa�uvicces5 which exercised the rennc:.nrraat cat°at:trara for an actctotio nat one (t) year tanrnrmc:nc:t trr order tc) tacaaue as task order, trar tJlhe tl.t Street amar°uct BerthaStreet (KeyWest) Roadway 0 And t'DraaBrmge Ularrntarovem arnt:na Projecnt: tUklllllltlat;JIIIIIIII' E, on Jnnnne IT, 2020, t.tnca t'ouduirwty aar°act Consuatt."airnt rnnwatu atty agreed to a task E carder for the cccnr.nuat::r°rarat°.uaarn e ntturnanerurntt arid ornralt)ecatiorm (GUC:wW.11) aar-u oces for the 1"1 Street and � tnrt°na Street (Key tcrt taaatray and Drainage trn ravenneir its U ralcr°at t°n the aatrratcc E aarnrncacnrnt cat"$411,723,35 4- 0 tatty "fittIICIU'Nt".t°t°;F IIIC' IIII'mE, trn ccrarnnaaur n.ranattcarn of the rn"nUtnaamat t:nrc::airrnl6awaes of the c ri(,1, Urnaat Agreernent > at May 2015, as aarraannded April 15, 2020, and ".June 17, 2020, the t„nartGn.;s agree to tt ds 0 ytnrrimrnrtrnrncar°nt 1 to the ..t"asllr C)rctcar due to a ncarnratrnacctta"arn cc::au.wtraacnt cct.aaarnge orra°ter toirane CL extensions, Article tt Scope of Basta Services, Rlragraprt°n 2.1 1 its aaarrnenc:t ct as ttcatllo This Arrimndirrient 1 to task cnrrtcnr tca ettnnar:3ttnrcmr on the 20111 day of April 022, � Article VII, t'aaar°aa ra atr ° ,I tra aar neiindedl to include the tcttc�a Uinrn � 1111 � � Ea C tre Crarnracnttarnt sha:aH be tnaa d rrnornttnty Ibased cwr tnc:naar°ty rates per, t:llrre contrrnjtng serrrucces contract and eaattirnaaut:ed staff Itncnu.ara arr°nr"t tests as tcntt nanaca: lercawrrnrnet AddRioviat Ulyloudy Rate lFotat U .catUrrna:at:act u t...tcnrars x Se nrrrir 111'nctpcncn1 Er t ... $2,1 t,97 �&7,y'�ttt.t'ttt.. c� tnra�r c"t ynrtrrntrno ktaaatcantlt rn trwr car 566 $1 �.ytt.. t",tattct t .. =e nncnr_Roadway trnaapectcrr 1175 $99 r�..3... .1..1 7,4,17.75. "t na4 UI aataanr $20 , ArriAerndrneW IA -r r,r Scrvuccn I"ruwPcet and Bertha Sheet Kev West P.rau?H,Inc � Page n ol2 Packet Pg. 330 C.10.b DocuSign Envelope ID:E3D18432-5DDB-4FB3-9F64-8278F4EB3833 The Amendment 1 is in the total not to exceed amount of Two Hundred Two Thousand Five Hundred Seventeen Dollars and Eighty-Nine cents ($202,517.89)will apply. Add Paragraph 7.1.2 as follows: LO U) The individual itemized hour and test amounts are estimates and may be adjusted as needed with prior approval by the County Engineer as long as the Total Revised Contract Amount of$614,241.24 is not exceeded. ci IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly 06 authorized representative. DocuSigned by: 'SEAL` o C`onsultant AtteowSlgned by: o .ny: /1 ,J t'J By: By: E Assistant Corporate Secretary Senior Vice President Title Title E 4- ®� o 1 83 0 tL tL L) BOARD OF COUNTY COMMISSIONERS t: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA `0•'eOYMTv t�• U) By: By: E As DepuW Clerk M hairman E � ZZ t � Dag! � I2012G U) MONROE COUNTY ATTORNEY t'>—. ♦PPRQVLf7 AS TO FF0FR�A11 / pq LLJ ..ry-Y = CHRISTtNE LIAIRERT•EARROWS ASSISTAN7C0 UNTYATTORNEY DATE•:,_3/�J199 I)-1 — Amendment I-CEI Services—I"Street and Bertha Street;Key West RS&I-I,Inc. —� — April 20,2022 � Page 2 ol'2 E U Packet Pg. 331 Docu&gn EAvelIqm I(a.95FT2EBD FAOF:4811:-I:�-9691:::-rl�:3C(-.C�21�OC411:: as ::: CORIN'.)RATIE R AUTIA)RIZI]NIG SRA',ATORY IFOR FLOR HDA DI"PARTME11,41"OFTRAP,ISPOR TATION COP411RACTS 1, John I Bottam, the undersigned Coirporate Secretary of RS&I-11, Inc, a Florida Corporation (the "Corporation"), hcrc by cer1rify thaL The Corporallon as duly organized arld exim ing under the laws of the State of Florida and the rollowing is as true, accurate aind cornlActc transcrijA of a resolution contained in the minwe book of the Board of Dprectons of' said E C,brIx)ration di,dy held on the 5'�"day ofWay, 202�, at which rnceflR-Ig there was present and acting 06 fiW0IrIgl-V)Ut as quorum with fill power and authority to adopt this re:!�ohjtion and clonfer the powers granted to the persion hereinafter described, and that the proceedlings of said meeting were in accordance Mth the charter and by-laws of said Corporation, and that said ulnesopaafia.urra has not,txen arnended or revoked and is hii fiflH fi-jirce aim.1 effb-tl 0 -119 RESOLVED, that Douglas 1). Cieiger, Senior Vice Pres'�dent of the U) 2 Corporation, is 1-i[creby authorized and ernpowered to execute in the name of the 0 Corporation all proposals, agreenunik, UlppltIITHIIIAS, C011tracts, and other C14 C dc)(Nirricnt,s he imay deein necessary or appropriate, in connection With the Hod& 0 E Depail.vireiiia of Transporfaflon, lyj Wrj,j,yq�:SS E WI IERIOF, I have em:cuted my name as Corporate Secrelary and affixed the seal < 4- of"the Corporafion this 14,th (lay (AJ une, 202 1, 0 -ra > CL CL ............... CD T[m T"Mof4tfttarc) C) Corporate Secretary 0 E E U) T- U W x W E Packet Pg. 332 ChantM 54281 IRS&I I ACORD i .......................................................... ............... ................................................................................................................................................... 7 1- CUzrIFIAI IA11111 ll. Y114SURAN 10202 .I'l,'l l""� =........ TI IHS CER1111FICATE IS ISSUl:,::,D A III 0111'a 1110:0RMAT11ION ONLY AND CONF111.111S NO 1MG11 III UP II!1 T141112,C11,DITIMCATE 111101-[)11'11�111L THM ::: Bs CERTIMCATE DOES NOT AFFNIMATiVE111 0114 I4EGATlVll:,::,lI V AME1111111),EXTEN11)OR ALTlll,::,R TKl:,::,COVERAG11,::,AJIFIFORDE113,11113Y I'll IE POUCI BELOW,TIMS Cll:.F[TU:lCAT'E OF UNMI11111RANCE DOES NOT CMiSTITUTE A CONTRACT BE 1WEEN1 niE ISSUM INSRA1,111E.R(S),AUT1,10RIZ111.1) R111,111 PRESEN lATlIVll::l OR PAROIDUCER,AND III I IECE114 I HzlICATll:,::, liOL111[mlIR. 0 —WisbFffkRY:If the cerifficate limIdeir Is an A11111)MIGNAL W&JIZED,the ploflcy(ips)must have AI3111111111ONAL MSUR11,I 11)jxovIMaiim w,.Im andwsed� If SUBROGATI1011114 IS WAIVED,subject to t1lic imms and ca1114ftions of the i7oficy,cwtttiii,m 111I may req%Ao an endoiiIsi:iiineint.A staternent on Ws cert[ficate does not confm,miy rents to the ceii fificate hohlea In fieu of such andoisennant(s), IUACn Car,ly Llindeiwood Giivyihirg his. Biokerage/EPIC MIJONE FAX ' ,E jq�770A70,5324 D,MLC,lig 3780 Mwisell Road,Suite 370 E 11VIAL ADDRESS: Aipharetta,GA 30022 U) IMSURER�ATNllymmmmmmUmmmNS�AFFORDING CCVEI:m GE amAomA.............................................. INSURER A Hartfoiid Casuahy MlmmluuAu. Insurance Cmrijj„iiany INSURER 113 Naftfold Casuaky Ins,col RM I,hir, "MAREIR C Ulciyds of London 85202 10748 Deerwcmd 13w Ilk l::3Ifvd South Jack nviNe,III III 32256 E 06 1111111SUIC::R F:: ............... ..............."I'lI'llI'll'll""I'll""I'll",'ll""I'll""I'll'll"";'ll""�'ll""I'll""I'll",,�w.,���������������.................................................................................................................................................................................... ........................................................................................................................................................................... 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POLICY N11 1111MBER MWDDfY'(YY INWI)MYYYY S .- """ 0 A X COMMERVAI 01:14MAll UAMMY 20t)UNOZ0018 0612812021 06/2812022 EACH OCII]LUUMI�:NCM 151,000,000 -ldc Cl AIMS4AAD11:: Ocnfll:8 PMAAR� �10, 11��M`l�11 U) lizEkia,RS gla uccGivw,L4—1T�300"060 MEU EXP(Any onin pem, 5 10 00 0 Pll::::RSONAI &AININJU S 1,000,000 CN aPCERAL AGGI:iEGM I- s2,000,000 R: "94T GEN'll AGG114EGA rE UIVIll r IM11:11 nES Plz AN 16 F011 CY [ XDJECV A. PROIDUCM COMNOPAGG s2,000,000 .............. E 7 'a AUTGMOIBIUIw LIABILITY COMBINII:0 SIING11 1::1!Ilhffl jl:�A arcldeM� I ANY ALII 10 wm" 611:4311 pallson) E OW114ED SCHEMIL11:11) 1XII, A MS OM Y AWICS BOI:Mli YINAMY(Fler accident) $ H�IklD 11,110N MINNED Fl11Z0l-1-1U'V—D� -- 4— N��bS 0141 4Y AU MS acddp!NQ.kMAGE $ 0 B X UMBRIEll A�IIAB OCCUR 20MILIOZ0019 0612812021 06128/202 EACH OCCU11�1141-11,4(,',E S10,000,00 0 ll::::XCESS UAU (M AMIS-MADE AGGREGATE 0,000,000 1 11111111111................................ 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U) T- U W 2 x CEll:Mll::lCATll:,HOLDE1111 CANCR:,Ull X111 101114 .......... ......................................................................... W Moinroe County BOCC SHOULD ANY 011"THE A11130VII:::DESCM113ED 1110LICIIES 31IN CANCELLED 113EFORE THE EXIN111RABON DATE UHBRE0l::, NORCE MILL BE Dll::1JVl::llED IN 1100 SIinioton Street ACCORDANCE W111114 TK PIM MY F111ROMS110114s, AUV��OR�ZEDR!E�:IIIRESEII���VA�IIV��'� ............................................................................. E AC0111IM 25(2016103) 1 of I The ACOR111)narnin and logo am reostwed riailm of ACOR1111 #S28"1014211IM2778031 CL)ND1 I Packet Pg. 333 A(­7<�IRLP C 111=1 RTI[�ICATE OF�, LJABII��Jl ry INSI IRANQ�'�� ............. ......................... 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Mown&Mown of Florida, linc P AHONE (904)565-1952 phr&g� (1904�5652440 10 151 leemmond Park 131vd DDRESS' 0�uvaIl@bllhpxrxiin Mg 100,Ste 100uuuul'Y�uU) Jacksviville F1 32256 INSURER A: Q lartford Casua�ty Ins wance Cu npany 29424 z MURITTIT) INSURIER B TwIn City Fire Im"ance Company 29 1 12 Z RS&ll 1,linc MTT2 S�:: u 10748 Deeivood T'llk Mvd S UYSUREIR L� fackmNwifle R 32256 cued CCTVIERAGli�'S CE 111M ITT K,ATITH ITTJUIIMBETR�, 21-22 AIT Eall)RIN .................. ...........:....................................................................................................................................................................................................................................................................................................................................................................................... .............. IAl"T'HE POLICIES 01ITT INSURANCE 11 IsrED 1LT:rll 0",11 IIAVE:r ITEEN SSUI::rl,)T0111 HIT,III,11GUIRED NAITAEDABOVTT�FOIR,T11 IIE FlU CYPEITU011) HIMICATTIU OR dIT HITTIR DOCUMITTP4 llr"q[rll 11 TRITTSFIEU 110 VIA flCl T T 11 1111S CEFk'f"- ICATE MN(11311 ISSUED OIR IIMAY ITIER-FAIIN,TG IE INSURANCE AFFORDE[L BY rT iE F'OUCIES DESCMBEI)HEREIN IS SUBJEC1 10 ALL TT 1E I'ERMS, TENS OTT Eff Twur YX TYPE OF NSURANCE 11,011�c MWAU R UT MISID WvlD 0 cmaaERCIAll GIENEITAM JABIHILM FAD t CCCURRET,K E� -ldc MUMMM"MI'M U) LAWS,1VADE OCCUR Apip oved F��sk MainageIiri�nt ................................................................... MKI)E:XVl Voy one persom A 0 CN C,Ellq'L AGGRl::GA E� W r A11:lPlAl::S:�FIR 11-19-2021 $ Pofl uCy E ll:'Rlll-lr 0 11 � TEG RROIX MS �01MIPMI:l AGG 2THER $ E AllprOM011THILE 11 AITTH 111Y CONUMINE)SING E 11 flMll ATIYAU BODO Y IN AMY(Flm pqvwll s E A, (PUNVED SCHEMILED Y 2WEINOL5660 06/2W2021 06/2W2022 BOMY PURY�Pell acddevl� S AMOS CiM Y AU 105 < li WITED hnN OAINEIT� 'FIRC)ITIERTYDAMAGE 4— AWOSU,AY MUMS ONLY 0 MGM 11.11 11 OrrA TIIR >0 CL TEN li I(Pll I CL WORKITTIRS COMITIENSATION AND EllfiPll CTYERS'LIAMLAW v I TQ SrA jj� r7TW11Yll 11111ROPINEMILPMR1 NERIEXE V MVE N A 12/0V20121 1210 L� ACCOENT $ 1,000,000 112022 1,000,000 a (Manda aq lin NH� E L.MEN: "ver,flesc�be�lindw �� REM�E 2tTE 2EETH2!��!O2n -E L RMASE T10L IC'e L flhAn 881 ll!)11rSr,ll:�IIPI'110�40FOP�::111::�AF�O�4S�IIOCAUONS�V�"�i�Ct ll::::�',(MMIRD 1W,AchlWonM Remario,Srhedulle,may In aftached ff wear space m vqunred� E Flwject M 706 0001 XXX r lst Stieet Bwtharitieet Key West Mai aoe COUlty BCC("and 11::DO T a e pnduded as addWorid:T Insii#red wRlh Ars1l x,ct to the Aift 11 Wb�llby poNcy whe[u IreetmOTed by wa Illeiii,cuii flracl 30 day nofice or cm mePaficx as proAded peii pohlay Ix oAskxis, E U) u ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............. .................................. ............................................................................................................................................................................................................................................................................................................................ w CERTI11:111CATE HOLDER CANC ITT,Ll.A710 N x ...................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........... ................ .................11�111 .11.11�111...............111111-11111�11�11............... w ST 01,H11 ANY OF:7 HE ABOVE LIMPTI113ED F30LIMES BE CAINCELI BIT)TTTNEFOIT:Tbp THE EXPIRATI10N 11T)WITIT:MITTLREOF,NOTIlCr.:,MIT L RE:DEUVERED TIN Monroe Culifly M)C'17' ACCOWITIANICE WIlTI t THE TDOL MY FNITTOVIlMONS. M LO K ey West T1 33040 �......--, ..................................................................................................................................................................................................................................................................................................................................... ................................. ............ ............ ................. ............... ..............."I'l""I'll""I'll'll""I'll""IllI E cOI999-2 A f)15CORIE)CORF:10111::tNrll101g Alllllii,,V llliiil!sm,,esmVed,'ll",' �" ACORD 25�2016103) The ACOIRD iiii[aiiine and Togo are gegWwed unarks of ACORD M Packet Pg. 334 C.10.c TASK ORDER FOR CONSTRUCTION ENGINEERING AND INSPECTION ° (CEI) SERVICES BETWEEN MONROE COUNTY AND RS&H, INC. FOR 1st STREET AND BERTHA STREET(KEY WEST) ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT In accordance with the Continuing Contract for Construction Engineering and Inspection (CEI) Services made and entered on the lath day of May 2015 between Monroe , County, hereinafter referred to as the "County," and RS&H INC., hereinafter referred to as"Consultant", for the Monroe County Roadway and Drainage Improvement Program. 0 ci All terms and conditions of the referenced Continuing Contract for Construction Engineering and Inspection (CEI) Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this 06 Task Order and the modification shall be precisely described. WHEREAS, on April 15, 2020, the County and Consultant mutually agreed to Amendment 2 to the Continuing Contract for Construction Engineering and Inspection (CEI) Services which exercised the renewal option for an additional one (1) year period 0 in order to issue a task order for the 15t Street and Bertha Street (Key West) Roadway 119 And Drainage Improvements Project. 0 CN NOW THEREFORE, in consideration of the mutual promises of the original Agreement of May 2015, 2015 and as amended on April 15, 2020, the parties agree to this Task Order. Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: 4— The scope of services will include construction engineering and inspection (CEI) o 76 services for the 151 Street and Bertha Street (Key West) Roadway and Drainage Improvements Project. This task order is effective on the 17'h day of June 2020. CL CL Article Vlll, Paragraph 7A is amended to include the following: The Consultant shall be paid monthly based on hourly rates per the continuing services contract and estimated staff hours and tests as follows: -ldc U) Personnel Estimated Hourly Rate Total Hours X Senior Pry ect Engineer 104 $217.97 $22,668.88 W Project Administrator/Engineer 680 $137.26 $93,336.80 Senior Roadway Inspector 2819 1 $99.93 $281 702.67 Administrative/Contract support Specialist 100 $94.50 $9,450.00 Total Labor $407,158.35 Tests As Required Number of Cost Per Tests Test Lab Proctor T-180 10 $155.00 $1 550.00 Standard Proctor T-99 4 $135.00 $540.00 ; Lab Sieve Analysis w1200 T-88 1 5 $80.00 $400.00 E C E I Services—I"Street and Bertha Street,Key West RUH,Inc. June 17,2020 Page 1 of 2 Packet Pg. 335 ❑ocuSign Envelope 10:DA315R43-8C45-4D10-BA58-73FADF4A4ADO Lab-Bulk S ecific Gravit (per core 5 $90.00 $450.00 Lab- LBR ea FM5-515 5 $325.00 $1,625.00 Total Not To Exceed Amount $411.723.35 A total not to exceed amount of Four Hundred Eleven Thousand Seven Hundred Twen Three Dollars and Thirty Five cents ($411,723.35)will apply. Add Paragraph 7.1.2 as follows: The individual itemized hour and test amounts are estimates and may be 0 adjusted as needed with prior approval by the County Engineer as long as the Total Contract Amount of$411,723.35 is not exceeded. 06 IN WITNESS WHEREOF, each parry caused the Task Order to be executed by its duly authorized representative. ❑ocu5igned by: 0 y�H.rpr � �s C (SEA ) ` Consultant cN Attu-aotuwgned by: RS ,'7NOred by: - - By: By: Assistant Corporate Secretary senior vice President _ C Title TitleCL - rvCL c-n U) (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA W X By, By: As Deputy Clerk Mayor/Chairman MONRUE COUNTY ATTORNEY All CAM U AS TO 7 Date: ASStR MNEULIMM-9AMWS nA'Ta C0 CEl Services-1"Street and Bertha Street,Key West RS&H,Inc. June 17,2020 Page 2 of 2 Packet Pg. 336 C.10.c Cllant#:54281 RS&H DIITs pIINUD[srYrY} ACORM CERTIFICATE OF LIABILITY INSURANCE 211112020 THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIf3HTS UPON THE CERTIFICATE HOLDER THIS CERTInCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAi3E AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S),AUTHORIZED m REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. i1Y1 ANT;If the certificate holder is an ADDITIONAL INSURED,the policy lea]muss have ADOMONAL INSURED provislons or be endorsed. tt SUBROGATION IS WAIVEn,subject to the terms and conditions of the policy,certain policies may require an endorsement.A stsion"I on Ns certificate does not confer any rights to the csrtiRcate holder In lieu of such andorsement(s). PRODUCER Katie KrasnerFAX � Grayling Ins.BrokeragalEPIC CAM,gal 770.552.4225 14AFC, Ste• 2 3700 Mansell Road,Suite 370 p.00m Alpharetta,GA 30022 INSURE ANORMU ZOVERAGE + notARlR A:Hartford Casualty Ins.Co. 29424 U) INSURSO INgUW a:Harl%rd Casualty Ins.Co. 29424 RS&H,Inc. s"RIM Cr Lloyds of London 10746 ileerwood Park Blvd South wsuWR O: Jacksonville,FL 32256 s1eu�Ra INSURER F: COVERAGES CERTIFICATE NUIYIBER: 19-20 REVISION NUMBER: THIS tS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCU1 ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED KREIN IS SUBJECT TO ALL THE TERNS. EXCLUSIONS AND CONDITIONS_OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR .. TYPE OF INSURAUCE —^ POLICY NUMM LMafa A X GOE mateIAL OENERAL UAMLI1Y 20UUHOK6016 62019 Olin I20 EACH OCCURRENCE s 1 000 00 N7D $i 000 00D CLUMS-MADE �OCCUR - - MED EAP r erne non s10 00D U) m -- PERSONAL 6 AOV INAIRY s 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE S DOD DOA I N POLICY[j6"PR T LOG i I PROOl1CT5•COf+IP1OP A.W. 12,_O;!C 0 _ a+ —_ _ w OTHER: L aLm Y A SDDILY INJUIVY{PW WNW) I ANYAUTO pyyNfp SCHEDULED I 90ORY uLs1RY IPsr saddeml S AIUIgqS��vppti ONLY A1JTD3 qjµ� S AlJTO$ONLY AUTOSNN Y s 0 g X UMBRELLA L1Ae OAR 20HHUOKBOI D 6r2B12019 060281202 EApi OG 22jtLm $1 D0D 000 FxcE sUM cLAN�LS-uAOE AGMWGATE s7�1 0 0 CL Q X RErFHoN 10 n go0 _ sCL VKMMM GONIPENSATION AND MPLOYVtt$''LLIIAAB1UTYY�j[ Y ANY '=£R ExCLU[IECi ESE H HT IWadalwr In niHJ ,N I A l B.L.DISEASE-EA ERPLOYEE S 0 dmc*m udiff Lbw -- E.L.DISEASE-POLICY UMr S C Professional Liab 4 gO146LpUSA19D4B94Hymoig 06126120 Per Claim$5,000,000 -119 C Excess Prof Liab 8014OLDUSA1904895 019 061=01 Aggregate$5,000,000 MCRIMrM OF OPEAATIONI I LOCATIONS I VEHICLES(ACORD J91,Ad&8wjI Remok s Scheduls,,eay tM.11.d s men spow la ngW od] ULI U Re:706.0001-M. X Monroe County Is mined as an Additional Insured with respects to General Liability where required by ULI Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days'written notice(except i0 days for nonpayment of premium)to (See Attached descriptions] m CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL Rf DELWERED IN 1100 Simoton Street ACCORDANCE WRH THE POLICY PROVISIONS. Key west,FL 33040 AUTHOMMD REPARSENTATIYE c� a ISU-2015 ACORD CORPORATION.All rights reserved. ACORD 23I201BM3i 1 Of 2 The ACORD name and logo are reglatersd marks of ACORD KKftE1 SS20060361MIS51638 Packet Pg. 337 C.10.c DESCRIPTIONS (Continued from Page''{ r the Certificate Holder. U) 0 ci 06 0 -119 U) 0 cN E 4- 0 0 CL CL U) U x U) E c� SAarru 2&3(2016W) 2 of 2 ° NS20060381M165183B Packet Pg. 338 C.10.c DIRE 0"AIDINY"n .ACaRif CERTIFICATE OF LIABILITY INSURANCE 02110112020 THIS CERTIFICATE M ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED m REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED.the poilty(les)must have ADDITIONAL INSURED provisions at ba endorsed. If SUBROGATION IS WAIVED.subject to the terms and conditions of the policy,cenlaln policies may require an endorsement. A ststament an this certificate does not confer rights to the cartlficate holder in Ileu of such endorssment(s). C PRODUCER I MOW —Lori OuvsH CIC m Brawn S Brown of FkxIda,Ina. PHOW , (904)565-1952 (904)565.2440 101 51 Daarvrood Park BlvdMmil- klu��bl>ias Sk€g 100.Sim 100 INNUrM(31 AFFDRMMS COIRRADE MAIC• to Jacksonville FL 32256 elSURERA: Hartford Casualty Insurance Carrlpany 29424 U) eiwREo era ER Ill! Twin City Fire Insurance Company 20459 RS d H Inc. RMUIRER C 10748 Deemmod Park Bhrd O C a1SUREUI E Jacksonville FL 32M yI F; COVERAGES CERTIFICATE NU5IDER: t91Z0 REVISION NUMBER: to THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED HAMM ABM FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN M SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Week POLICY FrF -POLL-Tew TYPS OF RAURANCE POLICY NUIIMER LI NITa COWLICwt GEHEnAL LL491UTY r O WUMS I&DE ❑CCCAM EXP r) m RY 0 AGGRECsA1E UI�eT APPL E5 PER GENERAL AGGREGATE $' N POLICY❑ LOC PNOa&3 W0FAGG S aT NEDSINGLEUMM 4 1,000.000 a,nrrrwa K i iau r1Y ANYAUiO eoOEYUHJUIRY(ParVWW) S A CWNEO SCrEDULED y 21UENHM665 Oa12612019 06r21V2020 BODILY NAM{Pr N=Mwl) S AUTOS ONLY ADIOS PROPEfRY DAMAGE "FWD NDN•OY♦tED I AUWS ONLY AUMS ONLY PIP-Bask: i 10,000 0 UNOReLUIwa OCCUR pCCURRENCE EXCLS3lJAa H 0- nEn pETEN11DX R CL CL YrOR1MRS Ca1�EHaAT10X AND Er/PLDY1"U.IA91LIrY Y 1 N 1 1,D00,000 S ANY PROFRIEFORWOMN9piEMCUTIVE ❑ NrA 21WBAC3FFF 12MI12019 121D111020 Wl r M Ni}�UDED7 LLDiW -QA DLOr 1,00D.ODO K .d1op7l6!Un OF der I TIONS r"P.L.a -POLICY L 1.080.DPEP000 r� aEeCRRT1aF1 OP OPEMTIONS I LOCATIONS r VEHICLES IACDRV 1e1,ASmeonal Iymarkf ScimWo,mov btana0edH men span is rapukadl L) Project 0:7064MI-XXX x Menmoe County Is included as additions'Insured with respect to the Auto LlablUty policy when required by mitten contrast 30 day notice of Cancellation Is .1 C CERTIFICATE HOLDER CANCELLATION m r) SHOULD ANY OF THE ASOVP DESCRIBED POLICIE5 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELWERBO IN Monroe Cooney ACCORDAHCE WITH THE POLICY PROVISIONS. to 1100 Slmaton SIMI AUTH0112M FtEPRESENTAYIYE Key West FL 33040 IV 19811-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and log are registered marks of ACORID ` Packet Pg. 339 C.10.c AGENCY CUSTOMER ID: LOC#: ACaRJY ADDITIONAL REMARKS SCHEDULE Pays of AMICT KAMM NGWIM Brawn d Bmwn of Florida•ins. Ra d H Inc. rouCYWUMeea C►RR" 'COW EFF8 WM DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 13 A SCHEDULE TO ACORD FORM, FORM NUMBER: 2' FORM TITLE: Cartlicala of Liability Insufamw NOM 0 NAMED INSURED LIST C5 RS&H,INC. REYNOLDS.SMITH AND HILLS,INC. RS&H ALABAMA,INC. RS&H ARKANSAS,INC. 06 RS&H CALIFORNIA.INC. RSLH COMMERCIAL REALTY,INC. F"H IDAHO,P.C. RSAH ILLINOIS,1140 RSAH IOWA.P.C. RS&H MARYLAND,INC. RS&H MASSACHIISETTS.INC. RSAH MICHIGAN.INC. RS&H MISSISSIPPI.P.C. O RS&H MONTANA.P.C. M RS&H NEVADA,INC. REYNOLDS,SMITH AND HILLS ARCHITECTS-ENGINEERS PLANNERS.P.A. RS&H ARCHITECT AND ENGINEER.P.C. O RSSH ARCHITECTS EN(3IHEERS-P AMERS.I INC. C14 RS&H OH14,INC. RSdHOREGON.ARCHITECTS-ENGINEERS-PLANNERS,P.C. RS&H PENNSYLVANIA.INC. TSIOILYARAS 51kM-O►_S HOLDERNE55.INC.(TSH ENGINEERING) REYNOLDS.SMITH AM HILLS C5,INCORPORATED E 4- 0 O CL CL -119 U) U x E U ACORD 101 19000lii1) 0 2008 ACORD CORPORATION. All rights man" The ACORD namo and laga are nglnlnrnd marks of ACORD Packet Pg. 340 AGREEMENT FOR U CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE MONROE COUNTY ROADWAY AND DRAINAGE IMPROVEMENTS PROGRAM This Agreement ("'Agreement") made and entered into this day of 0 by and between Monroe County, a political subdivision of the State of Florida„ hose 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 0 RS&H, Inc., a corporation of the State of Florida, whose address is 10748 Deerwood Park Boulevard South, Jacksonville, Florida 32256, its successors and assigns, hereinafter referred to as "CONSULTANT", 06 WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Construction Engineering and Inspection (CEI) Services for the Monroe County Roadway and 0 -119 Drainage Improvements Program; and 2 0 WHEREAS, CONSULTANT has agreed to provide professional services which shall N include but not be limited to providing construction engineering and inspection (CEI) services for the Monroe County Roadway and Drainage Improvements Program, which services shall collectively be referred to as the "Project"; WHEREAS, The professional services required by this Contract will be for services for the E Project , commencing on the effective date of this agreement and ending five years thereafter, 0 with an option for the County to renew for one additional 1 year period; and 0 WHEREAS, CEI Services for specific roadway improvement projects 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 LO additional terms and conditions that are applicable to such Task Orders; and LO WHEREAS, Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the � COUNTY's written authorization to CONSULTANT to proceed with the services described in the W Task Order; and c� WHEREAS, 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 0 Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described; and 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: Packet Pg. 341 C.10.d FORM OF AGREEMENT U ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations U) necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; ci 1.1.2 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 06 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this 0 Agreement will be adequate and sufficient to document costs in a manner that is -119 U) acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; N 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The 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 LO delivery of written notice of termination to the CONSULTANT. cN LO 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for W Monroe County. No statement contained in this agreement shall be construed so as to X find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 0 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, c) 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. c� Packet Pg. 342 C.10.d ARTICLE II U SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A, and 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, 0 omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 06 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: -119 U) 2 Ms. Judith Clarke, P.E. 0 Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 E Key West, Florida 33040 E And: Mr. Roman Gastesi, Jr. 4- Monroe County Administrator 1100 Simonton Street, Room 2-205 > 0 Key West, Florida 33040 CL CL For the Consultant: LO Mr. Kenneth Jacobson N 10748 Deerwood Park Blvd. South ' Jacksonville, FL 32256 U x ARTICLE III ADDITIONAL SERVICES U 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 E COUNTY before commencement. Packet Pg. 343 C.10.d 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 c, 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. en ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. V- 1- 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with 0 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 06 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. -119 U) 2 4.4 The COUNTY shall furnish the required information and services and shall render 0 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 E 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, 0 adequacy, fitness, suitability or coordination of its work product. 0 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. L V- 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has N immediate access to will be provided as requested. ` U ARTICLE V W INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless 0 c, 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. Packet Pg. 344 C.10.d 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, U 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, W the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications 0 provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT 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 06 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. -119 0 U) 2 ARTICLE VI CN PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the E project. At the time of execution of this Agreement, the parties anticipate that the following 0 named individuals will perform those functions as indicated: 0 NAME FUNCTION LO V- CN LO U X So long as the individuals named above remain actively employed or retained by the U CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. c� Packet Pg. 345 C.10.d ARTICLE VII COMPENSATION U. 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the hourly rates outlined in Attachment B. 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 06 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 0 -119 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 N CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. E 7.3 REIMBURSABLE EXPENSES 4- 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest 0 of the project: > 0 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 LO the extent and in the amounts authorized by Section 112.061, Florida Statutes; N b. Cost of reproducing maps or drawings or other materials used in performing the LO scope of services; c) X c. Postage and handling of reports; c� 7.4 BUDGET 0 U 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. Packet Pg. 346 C.10.d 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval U of the Board members at the time of contract initiation and its duration. en 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. 0 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 06 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: 0 -119 U) A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. N B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims E for injuries to members of the public and/or damages to property of others arising 0 from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 0 Property Damage or $100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for LO 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 LO subcontractors or subconsultants, including Premises and/or Operations, Products cs and Completed Operations, Independent Contractors; Broad Form Property Damage W and a Blanket Contractual Liability Endorsement with $500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage or $1,000,000 Combined Single Limit. 0 An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. c� Packet Pg. 347 C.10.d E. Professional liability insurance of$1,000,000 per occurrence and $2,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain c, coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. U) H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all 0 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. 06 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 0 ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 0 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS > 0 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 LO CONSULTANT. N LO 9.3 SUCCESSORS AND ASSIGNS c, The CONSULTANT shall not assign or subcontract its obligations under this agreement, X 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 c) any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. E c� Packet Pg. 348 C.10.d 9.4 NO THIRD PARTY BENEFICIARIES c, Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the U) other party sixty (60) days written notice of its intention to do so. 0 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of 06 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 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. 0 -119 U) 9.7 PUBLIC ENTITIES CRIMES N A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a E contractor, supplier, subcontractor, or consultant under a contract with any public entity, 0 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 0 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this LO 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 LO recovery of all monies paid hereto, and may result in debarment from COUNTY's cs competitive procurement activities. W 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 t0 not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. E c� Packet Pg. 349 C.10.d CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or U has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS n CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this 0 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 06 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. -119 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 0 that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate N court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this E 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. E 4- 9.10 SEVERABILITY 0 If any term, covenant, condition or provision of this Agreement (or the application thereof 0 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 LO 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 N enforceable to the fullest extent permitted by law unless the enforcement of the ` remaining terms, covenants, conditions and provisions of this Agreement would prevent U the accomplishment of the original intent of this Agreement. The COUNTY and X CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS U The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an Packet Pg. 350 C.10.d award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. U 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure W 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. 0 9.14 CLAIMS FOR FEDERAL OR STATE AID ci CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, 06 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 -119 COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each 0 of the parties. If no resolution can be agreed upon within 30 days after the first meet and N confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive E the provisions of paragraph 9.5 concerning termination or cancellation. 0 76 9.16 COOPERATION 0 CL 0. 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 LO 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 N 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 c, required to enter into any arbitration proceedings related to this Agreement. X 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any c) person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits Packet Pg. 351 C.10.d 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 U prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 0 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national 06 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 0 -119 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 0 performance under this Agreement, and that only interest of each is to perform and N receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS E 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 0 delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. LO T- 9.20 NO SOLICITATION/PAYMENT N LO The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither U employed nor retained any company or person, other than a bona fide employee X working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. U 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 amount of such fee, commission, percentage, gift, or consideration. c� Packet Pg. 352 C.10.d 9.21 PUBLIC ACCESS. U The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or n received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. 0 ci (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost 06 provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 0 (d) Meet all requirements for retaining public records and transfer, at no cost, to -119 Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and 0 exempt from public records disclosure requirements. All records stored electronically N must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 9.22 NON-WAIVER OF IMMUNITY 4- Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the 0 CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to LO contain any provision for waiver. N 9.23 PRIVILEGES AND IMMUNITIES ` c, All of the privileges and immunities from liability, exemptions from laws, ordinances, and X 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 c, extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. E c� Packet Pg. 353 C.10.d 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES U Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely n performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES U) No person or entity shall be entitled to rely upon the terms, or any of them, of this 0 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, 06 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 0 -119 U) 2 CONSULTANT agrees to execute such documents as COUNTY may reasonably 0 require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- N 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 E additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY LO No covenant or agreement contained herein shall be deemed to be a covenant or N agreement of any member, officer, agent or employee of Monroe County in his or her ` individual capacity, and no member, officer, agent or employee of Monroe County shall c, be liable personally on this Agreement or be subject to any personal liability or X accountability by reason of the execution of this Agreement. c� 9.28 EXECUTION IN COUNTERPARTS c, 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. c� Packet Pg. 354 C.10.d 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of _ the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have W the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The ° COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 1- 0 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. 06 ( L) n BOARD OF COUNTY COMMISSIONERS t HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA ' , . U) CN Deputy Clerk Mayor/Chan an Date: / E 0 0 CL CL (Seal) RS&H, Inc. LO Attest: CN B By: LO C U Title: Title: X oil W c� END OF AGREEMENT 0 U .0 _ . r . .... Packet Pg. 355 C.10.d u ATTACHMENT A SCOPE OF SERVICES U) 0 ci 06 0 -119 U) 2 0 cN a 0 E 4- 0 0 CL CL Lo cN Lo u x u 0 u E u Packet Pg. 356 C.10.d SCOPE OF WORK U 1.0 The construction work will consist of roadway reconstruction including but not limited to establishing crowns, milling, paving, the installation of french drains and base and subgrade reconstruction when necessary. The Consultant shall provide Construction Engineering and Inspection (CEI) Services for the various Monroe County Roadway and Drainage Improvements Projects. 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. V- 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 0 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 06 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 Task Order unless otherwise directed in writing by the County. 0 -119 U) 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. 2.0 LENGTH OF SERVICE: E The length of program shall be 5 years. The County shall have the option to renew the E Agreement for one additional one year period. The length of service for specific projects - authorized by task order shall be outlined in task order. 0 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 LO 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 LO Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. W X 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 days to demobilize after final t0 acceptance of the Construction Contract. 3.0 DEFINITIONS: .. E A. Resident Engineer: The Engineer assigned to a particular Project or area to Packet Pg. 357 C.10.d administer Construction Contracts for the County. U 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. n C. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. E. Agreement: The Professional Services Agreement between the County and the LM 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. 06 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. G. Consultant Project Administrator: The employee assigned by the Consultant to 0 -119 be in charge of providing Construction Contract administration services one or more Construction Projects. 0 N 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 0 basis of payment. 0 J. CPAM: Florida Department of Transportation, Construction Project Administration manual; latest. V- K. Department: Florida Department of Transportation N LO L. F.D.O.T.: Florida Department of Transportation. U x M. County: Monroe County Board of County Commissioners. c� 4.0 REQUIREMENTS: 0 U 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. Packet Pg. 358 C.10.d The Consultant shall observe the Contractor's work to determine the progress U and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. The Consultant is hereby designated by the County to negotiate Supplemental Agreements. However, the Consultant must seek input from the Construction Project Manager. The Consultant shall prepare the Supplemental Agreement as a recommendation to the County, which the County may accept, modify or reject upon review. The Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action or direction. The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by 06 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: 0 The Consultant shall check or establish the survey control baseline(s) along with -119 U) 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 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: LO The Consultant shall monitor the Contractor's on-site construction activities and LO inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine W that the projects are constructed in reasonable conformity with such documents. W The County will monitor all off-site activities and fabrication. The Consultant shall c, keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. t0 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. Packet Pg. 359 C.10.d 4.4 Engineering Services: U 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 It- changes. The Consultant shall perform the following services: 0 (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. 06 (2) The Consultant shall record a complete and concise record of the proceedings of the pre-construction meeting and distribute copies of this summary to the participants and other interested parties within seven days. -119 (3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. 0 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 E construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying E significant omissions, improbable or unreasonable activity durations, - errors in logic, and any other concerns as detailed in CPAM. 0 (4) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. LO (5) Analyze problems that arise on a project and proposals submitted by the LO Contractor, endeavor to resolve such issues, and process the necessary paperwork. U x (6) Produce reports, verify quantity calculations, field measure 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 to the Contractor. U (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 E Manager shall approve all notices, brochures, responses to news media, etc., prior to release. Packet Pg. 360 C.10.d (8) Prepare and submit to the Construction Project Manager monthly, a U Construction Status Reporting System (CSRS) report. (9) Schedule and conduct a meeting with the County Engineering Office at least 45 calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as-builts, necessary to close out the permit(s). (10) Video tape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. 0 (11) The Consultant shall have a digital camera for photographic documentation of noteworthy incidents or events to cover the following areas: 06 (a). Pre-construction photographs (b). Normal and exceptional progress of work 0 (c). Critical path activities -119 U) 2 (d). Accidents showing damage 0 N (e). Unsafe working conditions (f). Unusual construction techniques E (g). Damaged equipment or materials - (h). Any activity, which may result in claims 0 These photographs will be filed and maintained on the Consultant's LO It- computer. Copies of photographs will be electronically transferred to the County at an interval determined by the Senior Project Engineer and the LO Construction Project Manager. c, The taking of the photographs shall begin the day prior to the start of X construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and/or Final Acceptance. 0 (12) Monitor each Contractor and Subcontractor's compliance with c) 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 E Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Packet Pg. 361 C.10.d Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative U 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 n 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. U) 0 5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT: A. The County, on as needed basis, will furnish the following Construction Contract 06 documents for this project. These documents may be provided in either paper or electronic format. 1 Construction Documents (drawings, specifications) 2 Special Provisions 0 3 Copy of the executed Construction Contract. -119 2 6.0 ITEMS FURNISHED BY THE CONSULTANT: N 6.1 County Documents: All applicable documents referenced herein shall be a condition of this Agreement. 4- 0 6.2 Vehicles: 0 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 LO of the vehicle. c14 LO 6.3 Field Equipment: U The Consultant shall supply survey, inspection and testing equipment, W 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 t0 this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion Packet Pg. 362 C.10.d of the work. c, 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. 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 06 shall be obtained through the State of Florida Department of Health. 7.0 LIAISON: The Consultant shall keep the Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its -119 responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant's 0 performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel E Approval Requests, User ID Requests, Time Extension Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the E Construction Project Manager. - 8.0 PERSONNEL: 0 CL CL 8.1 General Requirements: LO The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Not N all positions listed below may be required; however, personnel performing a ` specific task must have the qualifications required for the task. c) X 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. c) 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, Packet Pg. 363 C.10.d including a detailed resume for each containing at a minimum salary, education, and experience. The Consultant Action Request form for personnel approval c, shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the Consultant within one week of County notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for obtaining the duties of the position they hold. Cross training of the Consultant's 0 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 06 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. 0 -119 U) 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 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: LO T- Qualification: LO FDOT Advanced MOT U Certifications: None X c� A Master's Degree in Engineering may be substituted for one (1) year engineering experience. 0 U 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. c� Receives general instructions regarding assignments and is expected to exercise Packet Pg. 364 C.10.d 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 c, project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning Tendons" (If applicable) CTQP Final Estimates Level II Certifications: None Other: Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High 06 School diploma or equivalent and four years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the -119 County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall 0 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, E two years of which shall have been in bridge and/or roadway construction 4- inspection. 0 Must have the following: Qualifications: CTQP Concrete Field Inspector Level I(If applicable) LO CTQP Concrete Transportation Construction Inspector (CTCI) Level II (If applicable) LO CTQP Asphalt Roadway Level I (If applicable) cs CTQP Asphalt Roadway Level II (If applicable) W CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable) 0 CTQP Grouting Technician Level I (If applicable) CTQP Post-Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level I E Certifications: Packet Pg. 365 C.10.d Nuclear Radiation Safety U Or a Civil Engineering degree and one year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one year experience as an W Engineer Intern.) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. 8.3 Staffing: 0 ci Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. 06 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 -119 0 at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff 0 appropriately. N 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. E 4- 9.0 QUALITY ASSURANCE (QA) PROGRAM: 0 9.1 Quality Reviews: CL CL The Consultant shall conduct semi-annual reviews to make certain his own LO organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of N materials, processes, documentation, procedures, training, guidance, and LO staffing included in the execution of this Agreement. Quality Reviews shall also U be developed and performed to achieve compliance with specific QA provisions X 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. 0 U On short duration CCEI projects (nine months or less), the CCEI shall perform an LO initial QA review within the first two months of the start of construction. 9.2 QA Plan: c� Within thirty (30) days after receiving award of an Agreement, the Consultant Packet Pg. 366 C.10.d 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 U organization to assure conformance with the Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: U) A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work ci under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications 06 of personnel in the quality control organization. B. Quality Reviews: The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and 0 -119 products. 2 0 C. Quality Records: N The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D. Control of Sub-consultants and Vendors: 4- 0 The Consultant will detail the methods used to control sub-consultants and vendor quality. E. Quality Assurance Certification: LO An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with project specifications, plans, LO standard indexes, and County procedures. I 9.3 Quality Records: W c� The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in 0 U providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. Packet Pg. 367 C.10.d 10.0 CERTIFICATION OF FINAL ESTIMATES: U 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 06 acceptance. A memorandum with documentation will be transmitted to the Director of Engineering Services at final acceptance detailing any necessary revisions to the pay items covered under the conditional/partial acceptance. 0 The Consultant shall be responsible for making any revisions to the Certified -119 Final Estimate. 0 10.2 Certification: N Consultant personnel preparing the Certified Final Estimate Package shall be E CTQP Final Estimates Level II qualified. E Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Department procedures. 0 11.0 SUBCONSULTANT SERVICES: Upon written approval by the Construction Project Manager and the County, and prior to LO performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. N LO 12.0 OTHER SERVICES: U X 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 U 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 E Agreement. Packet Pg. 368 C.10.d B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. U C. Provide on- and off-site inspection services in addition to those provided for in this Agreement. 13.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement toIt- this Agreement. 0 ci 14.0 CONTRADICTIONS: 06 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: -119 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 0 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. E 16.0 COUNTY AUTHORITY: E 4- The Count shall be the final authority in considering contract modification of the 0 Y Y g 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. LO N LO U X c� 0 U c� Packet Pg. 369 C.10.d ATTACHMENT B Fu u CONSULTANT RATES c� 06 0 0 CN a 0 E 4- 0 0 CL CL Lo CN Lo u x u 0 u E u Packet Pg. 370 DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 AMENDMENT 2 TO TASK ORDER FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES BETWEEN MONROE COUNTY AND RS&H, INC. FOR 1st STREET AND BERTHA STREET (KEY WEST) ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT In accordance with the Continuing Contract for Construction Engineering and Inspection (CEI) Services made and entered on the 201" day of May 2015 between Monroe County, hereinafter referred to as the "County," and RS&H INC., hereinafter referred to as "Consultant", for the Monroe County Roadway and Drainage Improvement Program. All terms and conditions of the referenced Continuing Contract for Construction Engineering and Inspection (CEI) Services 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. WHEREAS, on April 15, 2020, the County and Consultant mutually agreed to Amendment 2 to the Continuing Contract for Construction Engineering and Inspection (CEI) Services which exercised the renewal option for an additional one (1) year period in order to issue a task order for the 1 st Street and Bertha Street (Key West) Roadway And Drainage Improvements Project. WHEREAS, on June 17, 2020, the County and Consultant mutually agreed to a task order for the construction engineering and inspection (CEI) services for the 1st Street and Bertha Street (Key West) Roadway and Drainage Improvements Project in the estimated amount of$411,723.35 (Task Order). WHEREAS, on April 20, 2022, the County and Consultant mutually agreed to AMENDMENT 1 to the task order in the estimated amount of $202,517.89, for the construction engineering and inspection (CEI) services for the 1st Street and Bertha Street (Key West) Roadway and Drainage Improvements Project for additional construction time and effort due to construction change orders 1 through 5. NOW THEREFORE, in consideration of the mutual promises of the original Agreement of May 20, 2015, as amended April 15, 2020, and the Task Order dated June 17, 2020, as amended April 20, 2022, the parties agree to this AMENDMENT 2 to the Task Order due to construction contract change order 6 through 8 scope and time extensions. Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: This Amendment 2 to task order is effective on the 18th day of January 2023. Article VII, Paragraph 7.1 is amended to include the following: This Amendment 2 is due to additional time and effort due to construction change orders 6, 7 and 8. The Consultant shall be paid monthly based on hourly rates per the continuing services contract and estimated staff hours and tests as follows: Amendment 2-CEI Services— I"Street and Bertha Street,Key West RS&H,Inc. January 18,2023 Page 1 of 2 DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 Personnel Additional Hourly Rate Total Estimated Hours Senior Project Engineer 94 $217.97 $20,489.18 Project Administrator/Engineer 380 $137.26 $52,158.80 Senior Roadway Inspector 601 $99.93 $60,057.93 Total Labor $132,705.91 Less contract balance open $28,404.86 Amendment 2 not to exceed estimated amount $104,301.05 The Amendment 2 is in the total not to exceed amount of One Hundred Four Thousand Three Hundred One Dollars and Five cents ($104,301.05) will apply. Add Paragraph 7.1.2 as follows: The individual itemized hour and test amounts are estimates and may be adjusted as needed with prior approval by the County Engineer as long as the total revised contract amount of$718,542.29 is not exceeded. IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. (SEAL) Consulta^^1nt++ Atte : DocuSigned by: RS U''dd c6ned by: ISM sHK rX91h By: EGA 132 By: ssist nt rp r to pecret r vice president Title Title (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman MONROE.COUNTY ATTORNEY 'tE'f'FL(�TU.F17 A5'CO FUR 4: Date: �Yaa CHRISTINE LIMBER'ttI3ARROWS ASSISTANT COUNTY ATTORNEY DATE.,., 12/14/22......... Amendment 2-CEI Set-vices— Igo Street and Bertha Street,Key West RS&H,Inc. January 18,2023 Page 2 of 2 DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 ,RS&H' 3100 Overseas Highway Marathon Florida VIA Email December 8, 2022 Monroe County Engineering Debra London,Project Manger 2 88800 Overseas Hwy 2"floor Suite 5 Islamorada, FL 33070 Project: 441959-1-54-01- 1st Street and Bertha Street, Key West Contract: GIM93 County: Monroe Subject: 1st Street and Bertha Street(Key West) - Task Order Amendment 02 Ms. London: RS&H is requesting Amendment 2 to our Task Order for Construction, Engineering, and Inspection Services for the "1st Street and Bertha Street(Key West)Roadway and Drainage Improvement Project"due to the Contractor's change orders 6, 7 and 8. The additional budget that we are requesting is due to additional time that will be granted for change orders. Additional time is due to Changer Order 6-plan revision requested by the City of Key West for additional sidewalk and pedestrian crosswalks, adding 6 days to the contract. Additional effort is due to Change Order 7- incorrectly specified pipe liner diameters. As you know there was also pipe liner waste issues that had to be negotiated with the contractor over a period of several months. Additional time is due to Change Order 8 - plan revision based on RFI -034 - resulted in change order 8 for unforeseen drainage issues at the NW corner of First Street and Vivian Avenue. Change order 8 work includes modification of S-58, installing a new structure S-61, placing 55 LF of 15-inch drainage pipe, reconstructing the roadway, and replacing sidewalk, and adds 60 days to the contract. The estimated amendment amount for this contract is $104,301.05. See the breakdown of labor below: Estimate hours to complete Project 12/1/22 to 3/15/23 22-Dec 23-Jan 23-Feb 23-Mar Total HR Rate Extension PE 18 18 18 40 94 $ 217.97 $ 20,489.18 PA 100 100 100 80 380 $ 137.26 $ 52,158.80 Inspector 175 200 186 40 601 $ 99.93 $ 60,057.93 TOTAL $ 132,705.91 Balance in contract $ (28,404.86) Amendment Amount $ 104,301.05 Sincerely, jackson d Taylor oa z 2.12..1,21.11 Jackson Taylor RSH-Project Administrator Cc: Debra London-Monroe County;Jacki Hart,PE-RS&H;Bill Downey,PE-RS&H;File DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 RF1 034 From: To: RS&H Zahlene Enterprises Inc 17 Ships Way 11300 NW 97th Ave. Big Pine Key, FI. 33043 Medley, FL 33178 Phone: 305 805 6857 Phone: (561)436 2860 Project Name: First& Bertha Receipt Logged: 441959-1-54-01 Submitted By: Date: 11-10-2022 DWG/Spec no./Revision/Detail/Sec. No. Ariel Santos Drawing No. 41 Subject: Vivian Structures Issue &Suggested Solution: Issue:The following plan errors/omissions where discovered with the drainage system at the intersection of First Street and Vivian on the west side. S-58 does not connect to S-61 as shown in the plans. See photos. S-61 has two pipe openings in the structure.The opening from S-61 toward S-61A has a pipe about 1 foot and is plugged at the end.The other opening going toward First Street (east) is four feet long and is plugged at the end. S-61A only has one opening which connects to S-62.The pipe between 5-61A and S-62 is a 12-inch clay pipe with a 8 inch PVC pipe inside the clay pipe. S-62 only has one opening which goes to S-61A. S-61, S-61A and S-62 are not connected to any outfall,these structures do not drain. Solution: Remove S-58, S-61, S-61A and S-62. Install new structures and pipe for S-58, S-61 &S-62. Engineering Dept. Review Solution: EAC Response: We do not agree that these issues are plan errors/omissions, as our plans were reflective of the survey data provided to us at the time of design. Moving forward -a solution has been reached in coordination with the CEI (RS&H) and Monroe County and consists of cutting a hole in S-58 and connecting 32 LF of 15" pipe to a new S-61 and install new 15" pipe from S-61 to S-61A and from S-61A to S-62.These solutions are reflected in Plan Revisions No. 7, submitted on 11/22/2022. bfJ � h 00'0b,�1bZ 3NI7 H3-LVN ju a a wl N1 w 3 1 u U lu u of _ sn' p w I U ,3N17 NVIAIA` az+ b s o � I 1 e o " � w 42 w w > ¢ v , 39a7 SI2i0O99 M---. 0 H El El Lu z ¢ o I � Q w - wo Qno o �� ae m K l>o I M I h W h W W to of I I LL I o w `^ �h �z?��o cc 3NV7 3NIHd3SOf jl N r p o a a 9AI8(7 s 173n35008 LLI I 3NV7 N3ddVM Do a rn w Z Y i o ' ecIR m 00'08+SEz 3NI7 H3-LVN 0 lD �F N O N G l0 N w` rn 0 DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 ®5 1 r N. a N' r , r y ! r r i DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 r / i 'YH JY i 9 of /r i 1 , 0 uuul " f7� i 1 'r r, 'd, DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 ®5 ya�� k � / /r� �i �'�"%�rj���p���G������''1 ryp � l�'.. � tlr �J ��i„✓ � 1, '��/i Irt �✓� 1�J� V r'r�� � g �r :'1 ✓ � , �)yll1 // J1� L��l rlf xt��p rain � � I i i I � �. �� a fmJIP �,M�� (41v � �,u �,.. ."N! aiarl�"�i'W✓a;!W'kdama'" �✓ M: I! a w d��, �r z,,. a DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 ®5 / hi fij� d j %7 i e ra l � f yid� J DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 DATE(MM/DD/YYYY) AC"" CERTIFICATE OF LIABILITY INSURANCE 07/05/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lori Duvall CIC NAME: Brown&Brown of Florida,Inc. AICNNo Ext: (904)565-1952 ac No: (904)565-2440 10151 Deerwood Park Blvd E-MAIL Lori.DuvalI@bbrown.com ADDRESS: Bldg 100,Ste 100 INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville FL 32256 INSURERA: Zurich American Insurance Company of Illinois 27855 INSURED INSURER B: Zurich American Insurance Company 16535 RS&H,Inc INSURER C: American Guarantee and Liability Insurance Company 26247 10748 Deerwood Pk Blvd S INSURER D: Travelers Property Casualty Company of America 25674 INSURER E Jacksonville FL 32256 INSURER F COVERAGES CERTIFICATE NUMBER: 22.23 Revised REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MM/DD YYYYMPOLICY EFF O DD YYYY LIMITS ICY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE_7 CLAIMS-MADE Fx_]OCCUR PREM SESOEa occurrence $ 300,000 X Blkt AI-Prim&Non Contrib MED EXP(Any one person) $ 10,000 A X BIktWOS Y GLO1466409-00 06/28/2022 06/28/2023 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO ❑ 4,000,000 JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y BAP1469564-00 06/28/2022 06/28/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X BlktAl X Blkt WOS PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 C EXCESSLIIAB CLAIMS-MADE AUC-1469558-00 06/28/2022 06/28/2023 AGGREGATE $ 9,000,000 X DED RETENTION$ 0 Primary$9mil $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,00() ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? ❑ NIA WC1466410-00 06/28/2022 06/28/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Excess Umbrella Each Occur 10,000,000 D EX-6T35064A-22-NF 06/28/2022 06/28/2023 Aggregate 10,000,000 $10mil XS/$9mil DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#:706-0001-XXX-1st Street Bertha Street Key West Monroe County BOCC and FDOT are included as additional insured with respect to the General Liability and Auto Liability policy when required by written contract.30 day notice of cancellation is provided per policy provisions. ), ," T DAi CERTIFICATE HOLDER CANCELLATION WAAW k SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simoton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 � - I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 Additional Named Insureds Other Named Insureds Reynolds, Smith and Hills, Inc. Insured Multiple Names RS&H ALABAMA, INC. RS&H CALIFORNIA, INC. RS&H COMMERCIAL REALTY, INC. RS&H IDAHO, P.C. RS&H ILLINOIS, INC. RS&H IOWA, P.C. RS&H MARYLAND, INC. RS&H MASSACHUSETTS, INC. RS&H MICHIGAN, INC. RS&H MISSISSIPPI, P.C. RS&H MONTANA, P.C. RS&H NEVADA, INC. REYNOLDS, SMITH AND HILLS ARCHITECTS-ENGINEERS PLANNERS, P.A. RS&H ARCHITECT AND ENGINEER, P.C. RS&H ARCHITECTS-ENGINEERS-PLANNERS, INC. RS&H OHIO, INC. RS&H OREGON, ARCHITECTS-ENGINEERS-PLANNERS, P.C. RS&H PENNSYLVANIA, INC. TSIOUVARAS SIMMONS HOLDERNESS, INC. (TSH ENGINEERING) REYNOLDS, SMITH AND HILLS CS, INCORPORATED OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC DocuSign Envelope ID:C6698DAA-977 -4011- 7 E-D 06c9DOD8 RS&H DATE(MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 6/28/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sabrina Wynn Greyling Ins. Brokerage/EPIC PHONE 470-785.2254 FAX AIC,No,Ext: (A/C,No): 3780 Mansell Road,Suite 370 E-MAIL SS, sabrina.wynn@greyling.com Alpharetta,GA 30022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyds Of London 85202 INSURED INSURER B: RS&H, Inc. INSURER C 10748 Deerwood Park Blvd South INSURER D: Jacksonville, FL 32256 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR PREMISES(E.occur ante $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ECOT LOC AP S) " T PRODUCTS-COMP/OP AGG $ 11, 3 ,,7 OTHER: ' $ T„�, """� � AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 62 2 0 2 2 Ea accident $ ANY AUTO . BODILY INJURY(Perperson) $ OWNED SCHED AUTOS ONLY AUTOSULED O' BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY P r accident Professional liab . o y $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab B0146LDUSA2204894 06/28/2022 06/28/2023 Per Claim$5,000,000 A Excess Prof. Liab B0146LDUSA2204895 06/28/2022 06/28/2023 Aggregate$5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: 706-0001-XXX. Monroe County BOCC and FDOT is named as an Additional Insured with respects to General& Automobile Liability where required by written contract.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days' written notice(except 10 days for nonpayment of premium)to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simoton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S3317984/M3311037 SWY01