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Item C16
C.16 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.16 Agenda Item Summary #11562 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329 no AGENDA ITEM WORDING: Approval of a task order with Kisinger Campo & Associates, Inc. for engineering design and permitting services for repairs to County bridge 4904600 Toms Harbor Channel Bridge (US 1 to Duck Key). This task order is being awarded under the On Call Contract for Professional Engineering Services in the lump sum amount of$336,905.76. ITEM BACKGROUND: The most recent bridge inspection report indicates that the bridge has concrete spalling in the superstructure and substructure that needs to be repaired. Engineering design and permitting is anticipated to be complete in Spring, 2024; staff will be submitting an application to Florida Department of Transportation (FDOT)to obtain Small County Outreach Program (SLOP) grant funds to partially fund the construction phase of the project in FY 2025. The task order is being awarded to Kisinger Campo & Associates, Inc. under the continuing services contract out of the usual rotation order due to KCA's expertise with bridge engineering and their familiarity with Monroe County bridges. PREVIOUS RELEVANT BOCC ACTION: BOCC approved an on call professional engineering services contract with Kisinger Campo & Associates, Inc. at the February 16, 2022 meeting. CONTRACT/AGREEMENT CHANGES: new task order STAFF RECOMMENDATION: Approval DOCUMENTATION: Task Order Tom's Harbor Design- 2022 signed Executed Contract-KCA COI KCA expires 10-1-2023 Packet Pg. 531 C.16 FINANCIAL IMPACT: Effective Date: January 18, 2023 Expiration Date: construction completion Total Dollar Value of Contract: $336,905.76 Total Cost to County: $336,905.76 Current Year Portion: $250,905.76 Budgeted: Yes Source of Funds: 304-27018 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: yes Additional Details: 01/18/23 304-27000 - TRANSPORTATION PROJECTS $336,905.75 304-27018 REVIEWED BY: Judith Clarke Completed 12/21/2022 9:11 AM Christine Limbert Completed 12/21/2022 11:58 AM Purchasing Completed 12/21/2022 12:02 PM Budget and Finance Completed 12/21/2022 1:18 PM Brian Bradley Completed 12/22/2022 11:27 AM Lindsey Ballard Completed 12/27/2022 10:12 AM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 532 C.16.a TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO & ASSOCIATES, CORP. FOR TOMS HARBOR CHANNEL BRIDGE REPAIRS PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 16th day of February, 2022 between Monroe County hereinafter referred to as the "County" and Kisinger Campo & Associates, Corp., hereinafter referred to as "Consultant" where professional services are allowed if construction costs do not exceed c -119 $4,000,000 in accordance with F.S. 287.055 (as amended per Chapter 2020-127) All terms and conditions of the referenced Contract for On Call Professional Engineering 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. This Task Order is effective on the Day of , 2023 and shall expire 60 days after construction is complete. Article II Scope of Basic Services, Paragraph 2.1 is amended as follows: U 0 The scope of services for the Toms Harbor Channel Bridge Repairs Project (Bridge #904600) will include delivering construction plans and specifications, permitting and support during the bidding of the project required for the repairs of the Toms Harbor Channel Bridge and associated roadway reconstruction. Small County Outreach Program (SCOP) funds for the construction c phase of this project are anticipated and the design should contemplate review and comments from the Florida Department of Transportation (FDOT). Details of the scope of services are outlined below in Attachment A. U) N The Design for Construction shall include, but shall not necessarily be limited to, plans and N specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. JA The Consultant shall furnish to the County, upon project completion, the following: E • 1 set of 11" x 17" signed and sealed Record Drawings in CADD and PDF format. • 1 set of final documentation including updated design calculations in PDF format. • 1 set of final CADD and PDF files delivered electronically. -ldc U) The Consultant's Engineer of Record in responsible charge of the project's design shall professional endorse (signed and sealed and certified) the records prints, the special provisions and all reference and support documents. c� Details of the scope of services are outlined below. 1.0 DESIGN DEVELOPMENT 1.1 The Engineer shall review the FDOT bridge inspection reports, physically perform an Toms Harbor Channel Bridge Repairs Task Order Kisinger Campo&Associates,Corp. January 18,2023 Page 1 of 9 Packet Pg. 533 C.16.a inspection of the bridge, prioritize the bridge deficiencies and make recommendations as to the necessary repairs. The Engineer shall address all items in the inspection reports and identified during physical inspection. 1.2 The Engineer shall prepare a Design Development Letter Report for the County's approval. The Design Development Report shall consist of a written document that establishes and describes the size and character of the proposed Repair Project as to engineering and structural systems, materials and such other elements as may be appropriate. The report will 0 include a preliminary cost estimate for construction and a project schedule. U) U) 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project, the Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the most current version of the following: U 1. Florida Department of Transportation Design Manual. 2. Florida Department of Transportation Design Standards 3. Florida Department of Transportation Surveying Procedure 0 4. Florida Department of Transportation Drainage Manual 2M 5. Florida Department of Transportation Soils and Foundations Handbook U, N 6. Florida Department of Transportation Structures Manual (625-020-018) including Q Temporary Design Bulletins 7. Manual of Uniform Traffic Control Devices (MUTCD). 8. American Disabilities Act 0 9. Florida Department of Transportation Pavement Coring and Evaluation Procedure U) E 10. Florida Department of Transportation Flexible Pavement Design Manual 0 11. Florida Department of Transportation Rigid Pavement Design Manual ldc 12. Federal Highway Administration Checklist and Guidelines for Review of U) Geotechnical Reports and Preliminary Plans and Specifications M 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways E c� 14. Florida Statutes 15. Florida's Bicycle Facilities Planning and Design Handbook. 16. AASHTO Guide for the Development of Bicycle Facilities 17. Florida's Quality/Level of Service Handbook for Planning Toms Harbor Channel Bridge Repairs Task Order Kisinger Campo&Associates,Corp. January 18,2023 Page 2 of 9 Packet Pg. 534 C.16.a 18. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5 AASHTO Bookstore). 19. The Highway Capacity Manual (Transportation Research Board) 20. FDOT Standard Specifications for Road and Bridge Construction (with supplemental specifications). 21. Facilities Design Manual (Topic No. 625-020-016-a) 0 -119 U) 22. AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications U) 23. Right of Way Mapping Procedure (Topic No. 550-030-015-e) 24. Project Development and Environmental Manual Parts 1 and 2 (Topic No. 650- 000-001). Where FDOT design standards cannot be met the Consultant will request a design variance or exception. U 2.2. The Consultant shall provide Drawings and applicable Technical Special Provisions to the County for the County's review(the Florida Department of Transportation Standard Specifications will be incorporated by reference) at the 60%, 90% and 100% stages of the project. The Consultant shall respond to questions resulting from County review and incorporate any required E revisions to the construction drawings and specifications. Design calculations package will be 0 submitted with the 100% phase construction drawings. 2.3 The Consultant will provide a construction cost estimate and a project schedule at each phase submittal. N N 2.4 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County an electronic version of the signed and sealed construction documents. 0 2.5 The Consultant shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to JA the projects scope, bid items, estimated quantities and construction duration. The County shall 0 prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 2.6 The Consultant's construction documents (plans, specifications, etc.) will conform to all codes and regulations of the federal government, county, state, municipalities, U) agencies and state departments, in effect at the date of this Agreement, and shall be of such M completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the Toms Harbor Channel Bridge Repairs Task Order Kisinger Campo&Associates,Corp. January 18,2023 Page 3 of 9 Packet Pg. 535 C.16.a course of the project. 2.7 The Consultant shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Consultant shall file (through the County) the necessary documents to obtain Environmental Resource Permits and all other permits required for construction. The County shall be responsible for the timely submittal of all permit application fees. 0 2.8 As needed by the County, the Consultant will provide clarification and answers to -119 questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. U) 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans—This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Environmental Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Design Manual. U) 3.2 Specifications —specifications will conform to the most recent version of the Florida E 0 Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction or the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways(Florida Greenbook). Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical U, Special Provisions. N N 3.3 Schedules — Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. 0 4.0 CONSTRUCTION COST JA Contemporaneously with the submission of each phase of the Design, the Consultant shall submit 0 to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Engineer to reflect any increase or decrease in anticipated price resulting from a change in Design. U) 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements M of the Project designed or specified by the Engineer. E 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Consultant and the subconsultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. Toms Harbor Channel Bridge Repairs Task Order Kisinger Campo&Associates,Corp. January 18,2023 Page 4 of 9 Packet Pg. 536 C.16.a 5.0 CONSTRUCTION PHASE The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. The Consultant must reimburse the County for any "added costs" paid by the County for additional construction costs that were incurred as a direct result of any error, omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. "Added costs" 0 -119 is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency, or conflict in the work project. The added cost is limited to the increase to the construction cost for additional work and does not include U) costs that are normally incurred as part of the project or would have been incurred had no error, omission, or deficiency occurred, and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of documentation or physical inspection of the site by the Consultant. c) REMAINDER OF PAGE LEFT BLANK &- U) 0 2M U) N c� c� U) 0 JA 0 U) M E c� Toms Harbor Channel Bridge Repairs Task Order Kisinger Campo&Associates,Corp. January 18,2023 Page 5 of 9 Packet Pg. 537 C.16.a Article VII Compensation, Paragraph 7.1 is amended to read: The Consultant shall be paid monthly. The total Not To Exceed lump sum fee of$331,355.76, in accordance with the rates in the On Call Agreement, plus estimated expenses of $5,500 (actual itemized amount) will apply and is estimated as follows: 0 119 FEE SUMMARY SHEET U) TOMS HARBOR BRIDGE REPAIR U) KCA FEE STRUCTURES $250,923.00 ROADWAY $37,780.00 ENVIRONMENTAL $39,716.00 TOTAL $328,419.00 U 0 SUBCONSULTANT FEE PSI (ASBESTOS SURVEY) $2,936.76 0 TOTAL $2,936.76 ESTIMATED EXPENSES U) N N N Project Manager(Site Visit, Bridge Inspection) $1,650.00 Structures/Roadway/MOT $1,650.00 Environmental $2,250.00 TOTAL $5,550.00 JA 0 TOTAL FEE GRAND TOTAL $336,905.76 U) c� Toms Harbor Channel Bridge Repairs Task Order Kisinger Campo&Associates,Corp. January 18,2023 Page 6 of 9 Packet Pg. 538 C.16.a PHASE BREAKDOWN FEE SUMMARY TOMS HARBOR BRIDGE REPAIR DESIGN DEVELOPMENT PHASE DESIGN DEVELOPMENT LETTER, LOAD RATING ANALYSIS & SITE VISITS $38,636.00 0 30% OF COORDINATION/MEETINGS/ -119 U) SUPERVISION $12,800.70 TOTAL $51,436.70 CONSTRUCTION DOCUMENTS PHASE STRUCTURES REPAIR PLANS $169,618.00 70% OF COORDINATION/MEETINGS/ SUPERVISION $29,868.30 ROADWAY DESIGN SERVICES $37,780.00 0 ENVIRONMENTAL SERVICES $39,716.00 PSI (ASBESTOS SURVEY) $2,936.76 CN cN TOTAL $279,919.06 `N ESTIMATED EXPENSES 0 TOTAL $5,550.00 GRAND TOTAL $336,905.76 Article VII Compensation, Paragraph 7.1.2 c� The individual itemized task amounts are estimates and may be adjusted as needed as long as the Total Contract Amount of$336,905.76 is not exceeded. Toms Harbor Channel Bridge Repairs Task Order Kisinger Campo&Associates,Corp. January 18,2023 Page 7 of 9 Packet Pg. 539 C.16.a WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Kisinger Campo &Associates, Corp Witness c -119 U)i� Signature �,121ter 122 Signature�����a$�� President!CEO ,�'`P oVLPRq> , Title � a Zo SEAS �= 1976 ` (SEAL) %{' to R 10 BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, C0k►,,f 01-0 OF MONROE COUNTY, FLORIDA ff11iw% 881 E By: by: 0 As Deputy Clerk Mayor/Chairman U) Date: c°14 c14 c14 U) MONROE COUNTY ATTORNEY 0 APP IE AS TO RM: CHR STINE LIMBERT-BARROWS ?� ASSISTANT COUNTY ATTORNEY DATE: to U) E c� Toms Harbor Channel Bridge PepairsTask Order Kisinger Campo&Associates,Corp, January 18,2023 Page 8 org Packet Pg. 540 C.16.a ATTACHMENT A CONSULTANT SCOPE OF SERVICES AND COST ESTIMATE 0 -119 U) U) U 0 U) 0 U) CN cN cN a U) 0 0 U) E c� Tom's Harbor Channel Bridge Repairs Task Order Kisinger Campo&Associates,Corp. January 18,2023 Page 9 of 9 Packet Pg. 541 lfg" ON ISIIN1 A ,,I & ASSOC �IATES December 12, 2022 Clark Briggs Sr. Project Administrator Monroe County Engineering Services 1100 Simonton Street 0 Key West, Florida 33040 Project Description: Tom's Harbor Bridge Repair -Monroe County Project Re: Fee Proposal for the Design Development Letter Report and Bridge Repair Plans Dear Mr. Briggs: U 0 Kisinger Campo&Associates(KCA)is pleased to submit this Scope of Services and Fee Proposal for engineering services for the above referenced project. The scope of services will consist of X U) engineering services required to produce a Design Development Letter Report, Bridge Repair E 0 Plans, Maintenance of Traffic (MOT)Plans, and Permitting/Environmental Services. Post design services are not included in this proposal. The Design Development Letter Report will consider all repair alternatives while also considering U) N the possibility of future replacement. All alternatives will be evaluated based on cost, impacts to N Q N traffic, environmental impacts, permitting impacts and service life. A final repair recommendation will be made that fits the needs of the County and is within the proposed budget. U) Bridge repair plans and MOT plans will be produced that conform to the approved Design 0 Development Report Alternative. The bridge repairs will likely include spall repair, crack X injection, cathodic protection, metalizing, prestressed beam repair, substructure strengthening, JA bearing rehabilitation, expansion joint replacement, and slope protection rehabilitation. The MOT E 0 efforts will likely consist of shifting traffic as necessary to complete deck repairs. In addition, KCA will provide all environmental and permitting services associated with the proposed repairs. 0 -ldc All of the testing and inspections associated with the above repairs is included in the scope of work U)CU and the total fee. This includes an asbestos survey completed by sub-consultants and an overall bridge inspection to be completed by KCA. E 0 1 \Jni f h 1°i a n k H n',t i o(, "m 400 1 I,l ryl I),I, I(m I r H 5 1 , 8 1 3 8�,I ';13 Packet Pg. 542 lfg" ON ISIIN1 A ,,I & ASSOC �IATES We have estimated the level of effort required for all engineering design services and plans production described above. Our total estimated lump sum fee amounts to $336,905.76. This fee includes all KCA efforts, sub-consultant tasks, coordination, QA/QC, and supervision. The fee estimate is based on hourly rates which include our overhead. 0 -119 Our expenses were estimated separately and are not included in the fee estimate. Our total U) estimated expenses amount to $5,550.00. Expenses will be itemized and submitted separately with each invoice. For a detailed description of the fee and estimated expenses, see the fee U) proposals in the attached Appendix. We sincerely appreciate the opportunity to continue our working relationship with you on this project. Please do not hesitate to call me if you have any questions or need any additional information. U Best Regards, &_ 0 X U) E 0 Jason L. LaBarbera, P.E. Project Manager U) cc. File: 12022.09(KCA) CN CN Q CN U) 0 E 0 0) 0 -ldc U) E MI IJnidi 1� ank H n',twH' 'wO 4001 Irnpo' (mkk� ,:t('02 81 1 H 1 5 1 81 3 8�'I 13'� Packet Pg. 543 C.16.a FEE SUMMARY SHEET TOMS HARBOR BRIDGE REPAIR KCA FEE STRUCTURES $250,923.00 0 ROADWAY $37,780.00 -119 U) ENVIRONMENTAL $39,716.00 TOTAL $328,419.00 SUBCONSULTANT FEE PSI (ASBESTOS SURVEY) $2,936.76 u TOTAL $2,936.76 ESTIMATED EXPENSES 0 Project Manager(Site Visit, Bridge Inspection) $1,650.00 Structures/Roadway/MOT $1,650.00 Environmental $2,250.00 TOTAL $5,550.00 Q N TOTAL FEE U) GRAND TOTAL $336,905.76 0 0 U) Packet Pg. 544 C.16.a PHASE BREAKDOWN FEE SUMMARY TOMS HARBOR BRIDGE REPAIR DESIGN DEVELOPMENT PHASE DESIGN DEVELOPMENT LETTER, LOAD RATING ANALYSIS&SITE VISITS $38,636.00 0 30%OF COORDINATION/MEETINGS/SUPERVISION $12,800.70 -119 U) 2 TOTAL $51,436.70 CONSTRUCTION DOCUMENTS PHASE STRUCTURES REPAIR PLANS $169,618.00 70%OF COORDINATION/MEETINGS/SUPERVISION $29,868.30 ROADWAY DESIGN SERVICES $37,780.00 ENVIRONMENTAL SERVICES $39,716.00 PSI (ASBESTOS SURVEY) $2,936.76 0 TOTAL $279,919.06 U) ESTIMATED EXPENSES CN CN TOTAL $5,550.00 U) GRAND TOTAL $336,905.76 E 0 U) E c� Packet Pg. 545 C.16.a 0 U) O o N O O O N O ��yRq4q M f00 W ~ W O W U) fA f9 pWp �Wqp CD � W ad® w F O Z C"•I O O O e F Q W 0 w W t� K 0 f U wo 0 0 w o 0 0 ppqq z N V V N N_ fed �r M cl� M z w V1 W b K of of W c O Z Sri V of N V of V N V N O p.. 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C14 fV 01 01 p N N W U V U> � TP T � CF V p� W O d� _ K O j O V m -O O N N = i O v T - - O O — — — K d Packet Pg. 549 C.16.a a o m o o p o 0 Z o 0 "o a a � � T a o ca F m ° 0 N o � g®j x � N 0 E m fJ �o c o 0 0 0 oaoi cr `� U) w N ° 0 o 0 cr ro _ U a c m ro m ro o o - o o 0 o 0 ar cr co co tj U a> U \ � l7 i E c z 8) cr o Q cr o o Z = W w > 00 o- Qd W �s':r. U) p� z CN Q a C14 ac O cr N u o cr o o d fv o 0 0 0 0 0 Q O fV = o '- U,_ � eBy o N cr `p Cr O O o 0 0 0 0 0 W (� 0 � cr o 0 0 0 fV L fl':r U cr o yr o 0 0 0 0 0 U) o oa a oo o a s u s � � a a a a o o L x w a o 0 o m m w n u u o o o o w m Packet Pg. 550 C.16.a tntertek Proposal Number:0784-387134 November 11, 2022 Professional Service Industries, Inc. 7950 NW 641" Street, Miami, Florida 33166 Phone: (305)471-7725 Fax: (305)593-1915 0 -119 Mr.Austin Black, P.E. Project Engineer Kisinger Campo&Associates Corporation U) 201 North Franklin Street Tampa, Florida 33602 Subject: Asbestos and Lead-Based Paint Renovation Survey Proposal Tom's Harbor Bridge(Bridge No. 904600) Duck Key, Monroe County, Florida U Dear Mr. Black: 0 Professional Service Industries, Inc. (PSI) is pleased to submit this proposal for conducting an asbestos and lead-based paint renovation survey on the Tom's Harbor bridge in Duck Key, Monroe County, Florida. 0 This proposal contains the scope of services to be provided and presents the estimated cost and unit pricing that will apply. U) PROJECT INFORMATION � c14 We understand that the survey will be performed on the bridge structure that is scheduled to be renovated. The bridge is approximately 125 linear feet in length. The purpose of the asbestos survey is to assist the facility owner and contractor performing the renovation in complying with requirements of 40 Code of Federal Regulations (CFR) Part 61, the National Emission Standards for Hazardous Air Pollutants (NESHAP) and 29 CFR 1926.1101, the OSHA Asbestos Construction Standard. E E 0 The purpose of the lead-based paint survey is to assist the facility owner and contractor performing the renovation in complying with requirements of the U.S. Occupational Safety and Health Administration (OSHA) 29 CFR 1926.62 — Lead in Construction, Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), Comprehensive Environmental Response Compensation and Liability Act (CERCLA),and the Universal Waste Rule (UWR)governing the disposal of hazardous waste. ; SCOPE OF SERVICES c� Given our understanding of the project requirements,the following services are proposed: Asbestos Survey www.intertek.com/psi Packet Pg. 551 C.16.a Proposal Number:0784-387134 Kisinger Campo&Associates Corporation November 11,2022 Page 2 • A U.S. Environmental Protection Agency(EPA)-accredited inspector will perform a visual assessment of the structures to identify suspected asbestos-containing building materials. The location, quantity, and condition of each suspect material will be noted. • The inspector will conduct bulk sampling of the suspect materials in accordance with the sampling requirements listed in 40 CFR Part 763,the Asbestos Hazard Emergency Response Act(AHERA). 0 -119 • Samples will be shipped to a NVLAP accredited environmental laboratory for analysis by the EPA recommended method, Polarized Light Microscopy (PLM). If PLM results indicate levels between "trace" and 10%asbestos,the Client has the option to analyze the samples further by PLM Point Count U) Analysis to better quantify the asbestos content or assume the material to be asbestos containing. Materials having point count results <1% asbestos are considered non-ACM. If the Client chooses this analysis, an additional charge of $45.00 per sample will be added for each sample analyzed by Point Counting. Lead-Based Paint Survey U • Review available previous lead-based paint sampling reports, specifications, maintenance records, etc. • PSI will collect paint chip samples to assess the potential presence of lead-based paint that may exist on the surfaces of the bridge. PSI will collect one paint chip sample from each of the 0 different building components observed. All samples will be analyzed for total lead using the flame atomic absorption (AAS) method. • Detailed records will be kept describing each sampling location selected, the condition of the substrate and paint for each sample, and anything unusual about the sampled location. N N FINAL REPORT N PSI will provide an electronic copy of a final report for the bridge within fifteen working days from the time of the survey, provided no delays such as access to the building are incurred. The report will summarize field observations and laboratory analytical results. Report to include: • Findings and Recommendations U) • Quantification of asbestos-containing materials 0 • Analytical Results • Photographs PROJECT SCHEDULE&COST ESTIMATES -ldc U) It is proposed that the fee for the performance of the outlined services be determined on a lump sum basis for the asbestos and lead-based paint renovation survey. Services as Described Above-Lump Sum:$2,936.76 PSI appreciates the opportunity to propose on your project. After your review of this proposal, if you have any questions, please contact us. If this proposal is acceptable to you, please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of proposal authorization. PSI can schedule a site visit within two (2) days from receipt of signed authorization and provide www.intertek.com/psi Packet Pg. 552 C.16.a Proposal Number:0784-387134 Kisinger Campo&Associates Corporation November 11,2022 Page 3 the report within fifteen (15) working days from the time of the survey. If this proposal is acceptable to you, please return a letter of authorization along with one copy of this proposal intact to our office. We will proceed with the work upon receipt of proposal authorization. Respectfully submitted, 0 -119 U) PROFESSIONAL SERVICE INDUSTRIES, INC. " a P Diana Placeres E.John Emerson, CSP, CIEC Project Manager Department Manager/Principal Consultant I & IAQ Services South Florida Environmental Group t3 D P/EJ E 0 Attachments: Proposal Authorization and Payment Instructions Project Cost Estimate 0 General Conditions 2M U) C14 c14 c14 P U) 0 JA 0 U) E c� www.intertek.com/psi Packet Pg. 553 C.16.a Proposal Number:0784-387134 Kisinger Campo&Associates Corporation November 11,2022 Page 4 Proposal Authorization& Payment Instructions Authorization To execute this proposal, please initial which cost option you approve on the previous page then sign and complete the authorization information below along with applicable payment instructions, and return one copy of the authorized proposal to our office. 0 U) Authorized By(please print) Signature Title Firm �9 Address City State Zip Code Telephone L- 0 Date Purchase Order No./Project Tracking No.(if applicable) U) E Payment Instructions 0 If invoice payment is to be made by a party other than the authorizing party above, please provide the following information for whom the invoices are to be billed: U) C14 Firm Attention N C®1 Address Title 0 City State Zip Code Telephone — 88? Authorizing Party's Relationship to Invoice Payment Party E If invoices are to be approved other than by the payment party above, please provide the following information for whom the invoices are to be mailed for approval: U) M Firm Attention E Address Title U City State Zip Code Telephone Authorizing Party's Relationship to Invoice Approval Party www.intertek.com/psi Packet Pg. 554 C.16.a Proposal Number:0784-387134 Kisinger Campo&Associates Corporation November 11,2022 Page 5 ATTACHMENT A PROJECT COST ESTIMATE Asbestos & Lead-Based Paint Renovation Survey Kisinger Campo &Associates 0 Mosquito Creek Bridge (Bridge No. 904984) Key Largo, Florida Field Services 1. Inspector 12 hours $ 83.21 /hour $ 998.52 2. Sample Analysis ASB 10 samples $ 25.00 /sample $ 250.00 3. Sample Analysis LBP 5 samples $ 25.00 /sample $ 125.00 4. Field Services Vehicle 1 day $ 135.00 /day $ 135.00 subtotal $ 1,508.52 U Project Management and Report Preparation 1. Sr Env Specialist 2 hours $ 163.50 /hr $ 327.00 2. Project Manager 10 hours $ 85.74 /hr $ 857.40 3. Secretary 4 hour $ 60.96 /hr $ 243.84 0 subtotal $ 1,428.24 0 ESTIMATED TOTAL $ 2,936.76 U) CN cN cN U) 0 0 0 0 U) 0 E c� www.intertek.com/psi Packet Pg. 555 GENERAL CONDITIONS - FLORIDA C.16.a 1. PARTIES AND SCOPE OF WORK:Professional Service Industries Inc.("PSI")shall include said company or its particular division,subsidiary or affiliate perform the work."Work'means the specific service to be performed by PSI as set forth in PSI's proposal,Client's acceptance thereof and these General Conditions.Additic work ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the work to be done by PSI.If Clier ordering the work on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said we Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate sufficient for Client's intended purpose.Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of PSI's we PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal,Client's acceptance thereof and these General Conditions.The order of work from PSI,or the reliance on any of PSI's work shall constitute acceptance of the terms of PSI's proposal and these General Conditions,regardless ofthe terms any subsequently issued document. 2. TESTS AND INSPECTIONS:Client shall cause all tests and inspections of the site,materials and work performed by PSI or others to be timely and properly perforn 0 in accordance with the plans, specifications and contract documents and PSI's recommendations.No claims for loss,damage or injury shall be brought against PSI � Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed. Client agrees to indemn defend and hold PSI,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs; L39 reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed. U) 3. PREVAILING WAGES: This proposal specifically excludes compliance with any project labor agreement labor agreement, or other union or apprentices L59 requirements. In addition, unless explicitly agreed to in the body of this proposal,this proposal specifically excludes compliance with any state or federal prevail wage law or associated requirements,including the Davis Bacon Act. It is agreed that no applicable prevailing wage classification or wage rate has been provided to F and that all wages and cost estimates contained herein are based solely upon standard,non-prevailing wage rates. Should it later be determined by the Owner or� q2 applicable agency that in fact prevailing wage applies,then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such chan, a circumstance. Client will reimburse,defend,indemnify and hold harmless PSI from and against any liability resulting from a subsequent determination that prevail a wage regulations cover the Project including all costs,fines and attorney's fees. U 0 a. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If is required to delay commencement of the work or if,upon embarking upon its world PSI is required to stop or interrupt the progress of its work as a result of change the scope of the work requested by Client to fulfill the requirements of third parties,interruptions in the progress of construction, or other causes beyond the dit E reasonable control of PSI,additional charges will be applicable and payable by Client. 0 5. ACCESS TO SITE:Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work.PSI shall take reasonable measures: q'ap precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment. 6. CLIENT'S DUTY TO NOTIFY ENGINEER:Client warrants that it has advised PSI of any known or suspected hazardous materials,utility lines and pollutants at N site at which PSI is to do work,and unless PSI has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits,Client agrees N defend,indemnify and save PSI harmless from all claims, suits,losses,costs and expenses,including reasonable attorney's fees as a result of personal injury,dealt ' property damage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects,structures,lines or condi P t) where the actual or potential presence and location thereof were not revealed to PSI by Client. 7. RESPONSIBILITY:PSI's work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of constructi PSI shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare.PSI's work or failure to perform same shall no any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Client agrees that it shall regt subrogation to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insurance,including any policies required of Client's contract or subcontractors,covering any construction or development activities to be performed on the project site. PSI has no right or duty to stop the contractor's work. 0 s. SAMPLE DISPOSAL:Test specimens will be disposed immediately upon completion of the test.All drilling samples will be disposed sixty(60)days after submiss of PSI's report. 0 -19 U) 9. PAYMENT:The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar projects. " M actual total amount due to PSI shall be based on the actual final quantities provided by PSI at the unit rates provided herein. Where Client directs or requests additic 4, work beyond the contract price it will be deemed a change order and PSI will be paid according to the fee schedule.Client shall be invoiced once each month for w q performed during the preceding period.Client agrees to pay each invoice within thirty(30)days of its receipt.Client further agrees to pay interest on all amounts invoi� E and not paid or objected to for valid cause in writing within said thirty(30)day period at the rate of eighteen(18)percent perannum(orthe maximum interest rate permit under applicable law),until paid.Client agrees to pay PSI's cost of collection of all amounts due and unpaid after thirty(30)days, including court costs and reason, attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreem( any provision wherein PSI waives any rights to a mechanics'lien,or any provision conditioning PSI's right to receive payment for its work upon payment to Client by third party.These General Conditions are notice,where required,that PSI shall file a lien whenever necessary to collect past due amounts.Failure to make payment wit 30 days of invoice shall constitute a release of PSI from any and all claims which Client may have,whether in tort,contract or otherwise,and whether known or unknc at the time. 1 Packet Pg. 556 B-900-11(14)-FL 6/22 GENERAL CONDITIONS - FLORIDA C.16.a 1o.ALLOCATION OF RISK,LIMITATION OF LIABILITY,AND RELEASE OF INDIVIDUAL EMPLOYEES AND AGENTS: PURSUANT TO FLORIDA STATUE § 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF PSI MA NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MA AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT.ALL PARTIES CLAIMING THROUGH CLIE AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF T LIABILITY OF PSI.ITS OFFICERS.EMPLOYEES AND AGENTS SHALL BE LIMITED TO$25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO 1 FOR ITS WORK PERFORMED ON THE PROJECT,WHICHEVER AMOUNT IS GREATER.IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIN PSI'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH,CLIENT MAY,UPON WRITTEN REQUEST OF CLIE 0 RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF,INCREASE THE LIMIT OF PSI'S LIABILITY TO$250,000.00 OR THE AMOU t) OF PSI'S FEE PAID TO PSI FOR ITS WORK ON THE PROJECT,WHICHEVER IS THE GREATER,BY AGREEING TO PAY PSI A SUM EQUIVALENT TO. *' ADDITIONAL AMOUNT OF 5%OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES.THIS CHARGE IS NOT TO BE CONSTRUED AS BEIN( cm CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVEI t) ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE,AND ONLY ONE SU1 AMOUNT WILL APPLY TO ANY PROJECT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT. TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) _ OTHERWISE FOR LOSS OF PROFIT(WHETHER DIRECT OR INDIRECT) OR FOR ANY INDIRECT. CONSEQUENTIAL. PUNITIVE. OR SPECIAL LOSS DAMAGE,INCLUDING WITHOUT LIMITATION LOSS OF PROFITS.REVENUE,BUSINESS,OR ANTICIPATED SAVINGS(EVEN WHEN ADVISED OF THE POSSIBILITY). L) NO ACTION OR CLAIM.WHETHER IN TORT,CONTRACT,OR OTHERWISE.MAY BE BROUGHT AGAINST PSI.ARISING FROM OR RELATED TO PS WORK, MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER.REGARDLESS OF THE DATE OF DISCOVERY OF SU, CLAIM. E 11. INDEMNITY:Subject to the above limitations,PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims,suits,costs; 0 expenses including reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law.Client shall provide same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit,cause of action,claim or counterclaim against PSI, Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate,answer and defend it,including reasonable attorney's; LM witness fees and court costs to the extent that PSI shall prevail in such suit. t) c'4 C°4 12.TERMINATION:This Agreement may be terminated by either party upon seven days'prior written notice.In the event of termination,PSI shall be compensated N a Client for all services performed up to and including the termination date,including reimbursable expenses. U) 13. EMPLOYEES/WITNESS FEES:PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's le expenses,administrative costs and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion any work performed under this agreement,Client agrees not to solicit,recruit,or hire any PSI employee or person who has been employed by PSI within the previ M" twelve months. In the event Client desires to hire such an individual,Client agrees that it shall seek the written consent of PSI,and shall pay PSI an amount equal to o half of the employee's annualized salary,without PSI waiving other remedies it may have. t) E 14. FIDUCIARY:PSI is not afinancial advisor,does not provide financial advice or analysis of any kind,and nothing in our reports can create a fiduciary relationship betw 0 PSI and any other party. CIS 15.RECORDING:Photographs or video recordings of the Client's own project maybe taken by and used for the Client's own internal purposes. Photographs or video recordi_ may not be used for marketing or publicity,or distributed to athird party or otherwise published without PSI's prior review and consent in writing. Taking photographs of of U) Clients'samples,test setups,or facilities,or recording in any manner any test specimen other than the test specimen related to the Client's project is prohibited;and the Cli M agrees to hold in strict confidence and not use any proprietary information disclosed either advertently or inadvertently. The Client shall defend,hold harmless,and indemr a..ri PSI for any breach of this clause. 16. CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by, construed, and enforcec U accordance with the laws of Illinois. The exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Cour Z Cook County,Illinois,or the Federal Court for the Northern District of Illinois. 17.PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these Gene Conditions be enforced as written. In the event any ofthe provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remain provisions shall be enforceable. 18. ENTIRE AGREEMENT:This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made of than as set forth herein. This agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto. 2 Packet Pg. 557 B-900-11(14)-FL 6/22 C.16.b AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ("Agreement") made and entered into this 16th_day of February, 2022 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Kisinger Campo & Associates, Corp, a corporation of the State of Florida, whose 0 address is 201 N. Franklin Street, Suite 400, Tampa, FL 33602 its successors and assigns, -119 U) hereinafter referred to as "CONSULTANT" OR "CONTRACTOR", WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida; and WHEREAS, CONSULTANT has agreed to enter into a continuing contract to provide Professional services for miscellaneous COUNTY projects in which construction costs do not exceed $4,000,000.00, and for study activity if the fee for professional services for each U individual study under the contract does not exceed $500,000.00 in accordance with F.S. 287.055 (herein after referred to as "Project"; and U) WHEREAS, The professional services required by this Contract will be for services in the E form of a continuing contract, commencing on February 16, 2022 (the "effective date" of this 0 agreement) and ending four years thereafter, with options for the County to renew for one additional 1 year period; and U c� WHEREAS, Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and U conditions that are applicable to such Task Orders; and c� WHEREAS, Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order; and 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 Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1 Rev. 2/3/2022 Packet Pg. 558 C.16.b FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project (and individual Task Order) until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become or will become familiar with the Project site for the 0 -119 individual Task Order and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. U) 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent 0 with professional skill and care and the orderly progress of the Project (and individual Task Order). 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 t0 Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. c� 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 2 Rev. 2/3/2022 Packet Pg. 559 C.16.b ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in thls Agreement and the specific Task Order. The work performed under this Agreement will be in accordance with the provisions of F.S. 287.055 for Continuing Contracts. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions 0 that are applicable to such Task Orders. -119 Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its E subconsultants, or both. 2.3 NOTICE REQUIREMENT c� 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 0 agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the c) COUNTY by certified mail, return receipt requested, to the following: c� Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Paul G. Foley, PE 201 N. Franklin Avenue, Suite 400 Tampa, Florida 33602 3 Rev. 2/3/2022 Packet Pg. 560 C.16.b ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 0 ARTICLE IV COUNTY'S RESPONSIBILITIES U' 4.1 The COUNTY shall provide full information regarding requirements for the Project (and individual Task Order) including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project (and individual Task Order). The COUNTY or its U representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. U) 4.3 Prompt written notice shall be given by the COUNTY and its representative to the 0 CONSULTANT if they become aware of any fault or defect in the Project (and individual Task Order) or non-conformance with the Agreement Documents. Written U notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of U the CONSULTANT'S services and work of the contractors. c� 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such .. documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. 4 Rev. 2/3/2022 Packet Pg. 561 C.16.b ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 In the event that 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. Should any claims be -119 asserted against the County by virtue of any deficiency or ambiguity caused by the CONSULTANT'S negligence, recklessness or intentional wrongful conduct the CONSULTANT agrees and warrants that the CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 5.3 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 5.4 This indemnification shall survive the expiration or earlier termination of the contract. U 0 5.5 FDOT Funded Project will require the following language to be included in each Task Order: To the fullest extent permitted by law, the CONSUL TANT shall indemnify and hold harmless the Agency (COUNTY), the State of Florida, Department of Transportation, 0 and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONSULANT and persons employed or utilized by the CONSUL TANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the 0 (COUNTY)Agency's sovereign immunity." U c� ARTICLE VI PERSONNEL E 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Jason LaBarbera, P.E. Project Manager David Thompson, P.E. Chief Engineer Curt Sprunaer, P.E. Senior Enaineer 5 Rev. 2/3/2022 Packet Pg. 562 C.16.b Austin Black, P.E. Senior Project Engineer Deborah Hernandez-Cedeno, P.E. Senior Project Engineer Robert Whitman Chief Scientist So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately, but this does not require a formal amendment to the Agreement. ARTICLE VII COMPENSATION AND TERM 7.1 PAYMENT SUM 0 U) 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. c, (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either U) upward or downward; 0 (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by L) the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by c) such documentation or data in support of expenses for which payment is sought at the COUNTY may require. X 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 6 Rev. 2/3/2022 Packet Pg. 563 C.16.b 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.5 TERM OF AGREEMENT 7.5.1 This continuing contract shall commence on February 16, 2022 (the "effective date" 0 of this agreement) and end four (4) years thereafter, with options for the County to -119 U) renew for one additional 1 year period. ARTICLE VIII INSURANCE n 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 c, CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has 0 an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to U 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: U A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. c� C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; 7 Rev. 2/3/2022 Packet Pg. 564 C.16.b Broad Form Property Damage and with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional Liability insurance of $1,000,000 per occurrence and $2,000,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to 0 damages resulting from any claim arising out of the performance of professional U) services or any error or omission of the CONSULTANT arising out of work governed by this contract. F. G. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. H. 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) I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy E of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. c� J. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to 0 submit updated financial statements from the fund upon request from the U COUNTY. c� ARTICLE IX MISCELLANEOUS E 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS 8 Rev. 2/3/2022 Packet Pg. 565 C.16.b The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal 0 representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES U) Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. 0 C. Termination for Cause and Remedies: In the event of breach of any contract terms, < the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall t0 provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to 9 Rev. 2/3/2022 Packet Pg. 566 C.16.b termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. E. For Contracts of any amount, if the County determines that the Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of$1,000,000 or more, if the County determines that the Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the 0 Consultant has been placed on the Scrutinized Companies with Activities in the U) Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS U 0 This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachment A, and modifications made after execution by written amendment. In the 0 event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. < 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a t0 conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ' By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an 10 Rev. 2/3/2022 Packet Pg. 567 C.16.b act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement and if applicable in accordance 0 with 2 C.F.R. § 200.333. Each party to this Agreement or its authorized U) 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 five years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. c, Right to Audit 0 Availability of Records. The records of the parties to this Agreement relating to a Construction Project (Project), which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid 0 recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering U negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to U as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., 11 Rev. 2/3/2022 Packet Pg. 568 C.16.b running form the date the monies were paid to CONSULTANT. The right to audit provisions survives the termination of expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 0 -119 U) 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. U) 0 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, 0 as an award against the non-prevailing party, and shall include attorney's fees, U courts costs, investigative, and out-of-pocket expenses in appellate proceedings. c� 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. c� 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this 12 Rev. 2/3/2022 Packet Pg. 569 C.16.b Agreement. Any conditions imposed as a result of funding that effect the scope of work or individual project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION 0 In the event any administrative or legal proceeding is instituted against either party U) relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION c, The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further U) action on the part of any party, effective the date of the court order. The parties agree to 0 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 0 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of c) handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 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. 13 Rev. 2/3/2022 Packet Pg. 570 C.16.b During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., P. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of 0 compensation; and selection for training, including apprenticeship. The contractor agrees to -119 U) post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. U) 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONSULTANT will not discharge or in any other manner discriminate against any c) employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other 0 employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in c) furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 0 c, 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E c� 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 14 Rev. 2/3/2022 Packet Pg. 571 C.16.b 7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 0 9.19 CODE OF ETHICS U) 2 COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT U The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or U) agreed to pay any person, company, corporation, individual, or firm, other than a 0 bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. If federally 0 funded by FHWA, FAR 52.203-5 Covenant Against Contingent Fees applies to this c) Agreement. c� 9.21 PUBLIC ACCESS. Public Records Compliance. Consultant must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Consultant. Failure of the Consultant to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 15 Rev. 2/3/2022 Packet Pg. 572 C.16.b The Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all 0 public records in possession of the Consultant or keep and maintain public records U) that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the LM Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be U) inspected or copied within a reasonable time. E 0 If the Consultant does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Consultant. A Consultant who fails to provide the public records to the County or pursuant to a valid public records request 0 within a reasonable time may be subject to penalties under section119.10, Florida c) Statutes. c� The Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 16 Rev. 2/3/2022 Packet Pg. 573 C.16.b 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions 0 under this Agreement within the territorial limits of the COUNTY shall apply to the U) same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the U) extent permitted by the Florida constitution, state statute, and case law. E 0 9.25 NON-RELIANCE BY NON-PARTIES c, 4 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT 0 and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any c) agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 17 Rev. 2/3/2022 Packet Pg. 574 C.16.b 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 0 -119 U) 9.29 E-Verify System Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 U) 0 9.30 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in 2 C.F.R. §200.326-Contract provisions and Appendix 11 to Part 200, as amended, including but not limited to: 0 9.30.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by U Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, 18 Rev. 2/3/2022 Packet Pg. 575 C.16.b Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are 0 -119 incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and U subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees 0 engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the U contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 0 U 9.30.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any 19 Rev. 2/3/2022 Packet Pg. 576 C.16.b part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of 0 $27 for each calendar day on which such individual was required or permitted U) to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any U) subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a 0 clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4). 9.30.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal 0 award meets the definition of"funding agreement" under 37 CFR §401.2 (a) U and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.30.4 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of 20 Rev. 2/3/2022 Packet Pg. 577 C.16.b $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 9.30.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the 0 names of parties debarred, suspended, or otherwise excluded by agencies, as U) well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at LM www.sam.qov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. U) Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 0 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.30.6 Byrd Anti-Lobbying Amendment (31 U.S.C. � 1352)—Contractors that apply or 0 bid for an award exceeding $100,000 must file the required certification. Each c) tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 9.30.7 Compliance with Procurement of recovered materials as set forth in 2 CFR 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 21 Rev. 2/3/2022 Packet Pg. 578 C.16.b satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocur,ement- 0 gui del ine-cp -program. U) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. U) 9.30.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 t, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). U) (i) For the purpose of public safety, security of government facilities, physical security E surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. U (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered Zj foreign country. 9.30.9 Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items 22 Rev. 2/3/2022 Packet Pg. 579 C.16.b and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal Requirements: 9.30.10 Americans with Disabilities Act of 1990, as amended (ADA) — The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.30.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this -119 Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR 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 2 C.F.R. § 200.321(as set forth in detail below), 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 CONTRACTOR 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 U this Agreement. 0 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this 0 Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to U assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business U enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; X (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.30.12 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any 23 Rev. 2/3/2022 Packet Pg. 580 C.16.b subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.30.13 Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant FEMA Requirements: 9.30.14 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable 0 provisions governing the Department of Homeland Security (DHS) and the Federal U) Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. U 9.30.15 DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this U) provision in any subcontracts. E 0 9.30.16 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing 0 by both the COUNTY and Contractor. U 9.30.17 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal Law, regulations, executive orders, FEMA policies, procedures, and directives 9.30.18 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.30.19 Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 9.30.20 Florida Department of Emergency Managrement (FDEM or Division) Requirements. If funded by FDEM, the CONSULTANT is bound by any terms and conditions of 24 Rev. 2/3/2022 Packet Pg. 581 C.16.b the Federally-funded subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division). The CONSULTANT shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONSULTANT's performance of work under this Agreement, to the extent allowed and required by law. [The remainder of this page intentionally left blank.] 0 U) U) U 0 U) 0 U c� 0 U c� X E c� 25 Rev. 2/3/2022 Packet Pg. 582 C.16.b " tl. rNiT NESS WHEREOF each art has caused this A reement to be executed b its dul�� � party 9 Y � Y aut oU- d representative on the day and year first above written.( BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA --Attests By. By. As Deputy Clerk Mayor/Chairman ..:..•...;` !'�':. MONROE COUNTY ATTORNEY OI� `f �j�f ,.�:t.,.,_ EGSI�)i0Y'1•e�.^t�-�YY AII.fiM CNRISTME LIMBERT•BARROWS U) ASSISTANTCOUNTY ATTORNEY (O DATE: Z/S/ZZ ° s t 4t� 1976 (S"-- KISINGER CAMPO &ASSOCIATES ,`fP�IPBPlifQaB",aY --Ronald E. G'ott : .au, G. Foley, PE. Title; Senior Vice President/ CFO Title: President/CEO U END OF AGREEMENT U) 0 U 7 U C: n. p� W E •P� 26 Rev.2/3/2022 Packet Pg. 583 ATTACHMENT CONSULTANT RATES 0 -119 U) U) u 0 U) E 0 u 0 u x w E 27 Rev. 2/3/2022 1 Packet Pg. 584 C.16.b c � c jt t i f S ( KISINGER CAMPO&ASSOCIATES,CORP. Monroe County On Call Professional Engineering Services RFQ 394-0-2021 Job Classification Billing Rate* PROJECT MANAGER $259.00 CHIEF ENGINEER $290.00 0 SENIOR ENGINEER $248.00 U) SENIOR PROJECT ENGINEER $224.00 L59 U) PROJECT ENGINEER $192.00 L59 ENGINEER $181.00 ENGINEERING INTERN $121.00 SENIOR DESIGNER $162.00 C� DESIGNER $145.00 0 SENIOR ENGINEERING TECHNICIAN $118.00 U) ENGINEERING TECHNICIAN $99.00 0 CHIEF PLANNER $328.00 U CHIEF SCIENTIST $262.00 a U SENIOR SCIENTIST $194.00 0 SENIOR ENVIRONMENTAL SPECIALIST $173.00 U ENVIRONMENTAL SPECIALIST $102.00 U GIS SPECIALIST $157.00 CERTIFIED BRIDGE INSPECTOR $124.00 E BRIDGE INSPECTOR/TECHNICIAN $106.00 U SECRETARY/CLERICAL $87.00 CEI-SENIOR PROJECT ENGINEER $264.00 CEI-PROJECT ADMINISTRATOR $163.00 CEI-CONTRACT SUPPORT SPECIALIST $114.00 CEI-SENIOR INSPECTOR $104.00 CEI-INSPECTOR $82.00 *Please Note: 1. Billing Rates include salary,overhead and fixed fee. Expenses are not included. 2. Billing Rates effective for the 4-year contract term and 1-year renewal,if time extension option is exercised. Packet Pg. 585 RFQ for On Call Professional Engineering Services LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE -Kisinger Campo&Associates, Corp. (Company) 0 -ldc U) ... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". Thomas Shaw, Sr. VP1 Director of Production U (S! i6na7ire) 0 Date: 11/17/2021 U) E 0 STATE OF: -Florida U COUNTY OF: Hillsborougb_- Subscribed and sworn to(or affirmed) before me, by means of 21"physical presence or El online 0 U notarization, on—4LI�,VR-1 (date)by /410r774S (Ilw4A.1 (name of affiant} She is personally X known t me or has produced (type of identification)as W identification. E A TlIM"O" 10 a THIERSA SANSONE T Notary Public-State of Florida 04 Commission OGG 919576 Vle A RY 0B R y Comm.Expires Jan 29,2024 A IC %nded through National Notary Assn. My commission expires: -44- Packet Pg. 586 RFQ for On Call Professional Engineering Services NON-COLLUSION AFFIDAVIT 1, Thomas Shaw, PE of the city of, Tampa according to law on my oath, and under penalty of perjury, depose and say that: 1. I am Senior Vice President/Director of Production of the firm of Kisinger Campo&Associates, Corp. the bidder making the Proposal for the project described in the Notice of Request for Competitive Solicitations for: On-Call Professional Engineering Services 0 -119 and that I executed the said proposal with full authority to do so: U) 2. the prices in this bid have been arrived at independently without collusion, .0 U) consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other U person, partnership or corporation to submit, or not to submit, a bid for the 0 purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full U) knowledge that Monroe County relies upon the truth of the statements contained E in this affidavit awarding contracts for said project. 0 11/17/2021 affidavit �-2 U (Sigrolt e of Respondent) (Date) STATE OF: Florida 0 U COUNTY OF: Hillsborough Subscribed and sworn to (or affirmed) before me, by means of Physical presence or 0 X W online notarization, on X E (date) by fry (name of affiantyZ'"j-ph he is ersonally know�nt me or has produced (type of identification) as identification. I'M db .sy THERESA SANSONE Notary Public-Stake of Florida (�O ARY PUBLI ARY PUBLIG---' Commission If GG 919576 ern e, my Comm.Expires Jan 29,2024] Bonded through National Notary Assn. My Commission Expires: 0 �/eZ _45- Packet Pg. 587 RFQ for On Call Professional Engineering Services DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Kisi,nger Campo &Associates Corp. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, 0 and employee assistance programs, and the penalties that may be imposed upon -119 U) employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). U) 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance U or rehabilitation program if such is available in the employee's community, or any employee %_ 0 who is so convicted, 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. U) E 0 As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements, Thomas Shaw, Sr. VP/ U 1,J _JDirector of Production (Sin Lure) Date: 11/17/2021 0 U STATE OF: Florida COUNTY OF: Hillsborough X W 4i Subscribed and sworn to (or affirmed) before me, by means of W/physical presence or 0 online notarization, on //// -2/ (date) E by (name of affia Z�Z prgar—taity-mri e a2zs__�&LA.Z n F) he is e ow to m or has produced (type of identification)as identification. I d 01 dh, 0 * 450 8E I g Z01 THERESASAN 4, NOTARY PUBLH�� kt Notary hulk-State of Florida Commission#GG 919576 My Comm.Expires Jan 29,2024 My Commission Expires: Bonded through National Notary Assn.I -46- Packet Pg. 588 RFQ for On Call Professional Engineering Services VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): On Call Professional Eng!.n Services ...... ............. Respondent Vendor Name: isinger Campo&Associates, Corp. Vendor FEIN: 59-1677145 -- - .......................... Vendor's Authorized Representative Name and Title:Thomas Shaw Sr, VP/Director of Production ................ Address: -.12.0-1 North Franklin StrpgtSuite 4100 . ............... City .,Talliwall""I'll'I'll,11,11,1111-11.1.1.---I'------- State: -FL Zip: _33602 .............. Phone Number: 813.871.5331 1-1-1-1-1............... .......... marketing 0 Email Address: M Qkcaeng.com U) Section 297.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering a into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the U Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran 0 Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may X subject company to civil penalties,attorney's fees, and/or costs. I further understand that any contract with the U) County may be tenoinated, at the option of the County, if the company is found to have submitted a false E 0 certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies < with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or U Syria. Certified By: Thomas Shaw who is authorized to sign on behalf of Authorized Signature: 0 Print Narne: Thomas Shaw U Title: Sr, Vice President/Direc r f Production --------------- Note: The List are available at the ollowing Department of Management Services Site: x cornolainis vendor lists W E -47- Packet Pg. 589 FDA7TE(f oz/o9/zozz 6.b ► CERTIFICATE OF LIABILITY INSURANCE 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 Vicky Van Wormer NAME: Brown&Brown of Florida,Inc. a/CNr o Ext: (727)461-6044 a/c,No): (727)442-7695 Pinellas Division E-MAIL vvanwormer@bbpinellas.com ADDRESS: 83 Park Place Blvd,Suite 101 INSURER(S)AFFORDING COVERAGE NAIC# Clearwater FL 33759 INSURERA: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: The Travelers Indemnity Company of America 25666 Kisinger Campo&Associates,Corp.KCCS,Inc. INSURER C: Travelers Property Casualty Company of America 25674 Campo&Asscoaites,PLLC Travelers Casual and Sure Company 19038 p INSURER D: � � p y 201 N Franklin Street,Suite 400 INSURER E: Admiral Insurance Company 24856 0 Tampa FL 33602 INSURER F: U) COVERAGES CERTIFICATE NUMBER: 21-22 Master w 3M Prof 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 �9 INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS gg) 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 AUUL5UbKPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000DAMAG n Do CLAIMS-MADE FX OCCUR PREM SES Ea occur ence $ 300,000 X CONTRACTUAL MED EXP(Any one person) $ 10,000 � A X XCUINCLUDED Y 6308254A604 10/01/2021 10/01/2022 PERSONAL&ADV INJURY $ 1,000,000 MOTHER 20 DAY€LAGGREGATE LIMITAPPLIES PER 2,000,000 : APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ U 2,000,000 POLICYX PEC0. LOC ®y... r . '„ PRODUCTS-COMP/OPAGG $ 0 2/9/ 22 Employee Benefits $ 1,000,000 � AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 WAVER NfA_YES_. Ea accident X ANYAUTO BODILY INJURY(Per person) $ U) B OWNED SCHEDULED Y 8105N338364 10/01/2021 10/01/2022 BODILY INJURY(Per accident) $ 0 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X PIP 10,000 Uninsured motorist $ 1,000,000 C3 UMBRELLA LIAB 5,000,000 OCCUR EACH OCCURRENCE $ a C EXCESS LIAB Y CUP7J748484 10/01/2021 10/01/2022 5,000,000 CLAIMS-MADE AGGREGATE $ DED X RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- X STATUTEIEAEMPLOYEE ER 0 AND EMPLOYERS'LIABILITY y/N 500,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE N/A UB7J070308 10/03/2021 10/03/2022 E.L.EACH ACCT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE- $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ PER CLAIM $3,000,000 ARCHITECTS&ENGINEERS I PROF E LIABILITY I RETRO DATE 11/2/2014 E000002720508 10/01/2021 10/01/2022 AGGREGATE $5,000,000 UJ DEDUCTIBLE $250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Job#:KCA Contrract#1202209.00 Job Type:On Call Prof Engineering Svcs-Monroe County] The Certificate Holder,Monroe County,is an Additional Insured on a primary non contributory basis including ongoing and completed operations with respect to General Liability if required by written contract and with respect to Auto Liabi8lity as per the Auto Liability coverage form. A Waiver of Subrogation in favor of the Certificate Holder applies General Liability,Auto Liability and Workers Compensation if required by written contract. Certificate Holder will be given 60 day notification of cancellation,ex cept 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 r ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 590 DATE(P C.16.c AC"R" CERTIFICATE OF LIABILITY INSURANCE 09/21/2022 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 Vicky Van Wormer NAME: Brown&Brown of Florida,Inc. a/CNri Ext: (727)461-6044 a/c,No): (727)442-7695 83 Park Place Blvd,Suite 101 E-MAIL Vick .VanWormer bbrown.com ADDRESS: y INSURER(S)AFFORDING COVERAGE NAIC# Clearwater FL 33759 INSURERA: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: The Travelers Indemnity Company of America 25666 Kisinger Campo&Associates,Corp. INSURER C: Travelers Casualty and Surety Company 19038 201 N Franklin St,Suite 400 INSURER D: Admiral Insurance Company 24856 O INSURER E U) Tampa FL 33602 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 Master REVISION NUMBER: �9 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 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. �9 I NSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS n X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO_7CLAIMS-MADE F OCCUR PREM SES Ea olccurrrence $TED 300,000 MED EXP(Any one person) $ 10,000 A Y P-630-8254A604 10/01/2022 10/01/2023 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- 2,000,000 POLICY ❑X JECT ❑ LOC PRODUCTS-COMP/OP AGG $: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 Ea accident U) X ANYAUTO BODILY INJURY(Per person) $ E B OWNED SCHEDULED Y 810-5N338364 10/01/2022 10/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ Uninsured motorist $ 1,000,000 CD UMBRELLA LIAB OCCUR EACH OCCURRENCE $ a EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ U) 0) WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABILITY Y/N CL 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBEREXCLUDED? N/A UB-7J070308 10/03/2022 10/03/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under , < 500000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U Professional Liability-Architects& Per claim 1,000,000 D Engineers E0000027205-09 10/01/2022 10/01/2023 Aggregate 1,000,000 U Deductible 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Job#:KCA Contract#1202209.00 Job Type:On Call Prof Engineering Srvcs-Monroe County] The Certificate Holder,Monroe County,is an Additional Insured on a primary non-contributory basis including ongoing and completed operations with respect to General Liability if required by written contract and with respect to Auto Liability as per the Auto coverage form. A Waiver of Subrogation in favor of the Certificate Holder applies to General Liability,Auto Liability and Workers Compensation if required by written ° contract. Certificate Holder will be given 60 day notification of cancellation,expect 10 days for non-payment of premium. Ir 'a �i By CERTIFICATE HOLDER CANCELLATION DA SHOULD ANY OF THE N WA THE EXPIRATION DA' Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 591