Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item C24
C.24 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.24 Agenda Item Summary #11600 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Tyler Jackson (305) 393-5450 N/A AGENDA ITEM WORDING: Approval of a Task Order between Monroe County and KCI Technologies for Construction Engineering and Inspection Services for the resurfacing of Card Sound Road from the East end of Card Sound Bridge to the intersection of County Road 905. This task order is being awarded under the On Call Contract for Professional Engineering Services in the maximum not to exceed amount of$349,950.00. ITEM BACKGROUND: Monroe County needs to resurface Card Sound Road from the South end of Card Sound Bridge to the intersection of C.R. 905. Construction Engineering and Inspection Services are needed to oversee construction. PREVIOUS RELEVANT BOCC ACTION: BOCC approved a Continuing Service Contract with KCI Technologies for professional engineering services on the February 16th, 2022 meeting. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval As Requested DOCUMENTATION: Executed Contract-KCI Task Order for CEI Services with KCI for Card Sound Road with legal stamp FINANCIAL IMPACT: Effective Date: 1/18/2023 Expiration Date: 60 days after completion of construction Total Dollar Value of Contract: $349,950.00 Packet Pg. 802 C.24 Total Cost to County: $349,950.00 Current Year Portion: $349,950.00 Budgeted: yes Source of Funds: 401-22502 SC_00122 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: None 01/18/23 401-22502 - CARD SOUND ROAD $349,950.00 SC_122 REVIEWED BY: Judith Clarke Completed 01/03/2023 9:06 AM Christine Limbert Completed 01/03/2023 10:04 AM Purchasing Completed 01/03/2023 10:07 AM Budget and Finance Completed 01/03/2023 10:08 AM Brian Bradley Completed 01/03/2023 10:17 AM Lindsey Ballard Completed 01/03/2023 11:56 AM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 803 C.24.a uRrd °'- Kevin Madok, cPA o....... ` Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: March 1, 2022 TO: Judith Clarke, PE, Director Engineering/Roads&Bridges ATTN: Nicole Twyman Executive Assistant 0 FROM: Pamela G. Hanco4*C' U SUBJECT: February 16'h BOCC Meeting U) 0 Attached are copies the following items for your handling: C29 Agreement for On Call Professional Engineering Services with HDR Engineering, Inc. for a period of four years with an option to renew for one additional year. HDR Engineering, Inc. was one of the top six ranked respondents to the solicitation. 2 U) C30 Agreement for On Call Professional Engineering Services with KCI Technologies, 0 Inc. for a period of four years with an option to renew for one additional year. KCI Technologies, Inc. was one of the top six ranked respondents to the solicitation. C31 Agreement for On Call Professional Engineering Services with Kimley-Horn& Associates, Inc. for a period of four(4)years with an option to renew for one(1) additional year. Kimley-Horn&Associates, Inc. was one of the top six(6)ranked respondents to the solicitation. C32 Agreement for On Call Professional Engineering Services with Kisinger, Campo & Associates, Corp. for a period of four years with an option to renew for one additional year. Kisinger, U) Campo&Associates, Corp. was one of the top six ranked respondents to the solicitation. U Should you have any questions please feel free to contact me at(305) 292-3550. 4 c� 0 c) c� X cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 83050 Plantation Key,Florida 33070 Plan packet Pg. 804 305-294-4641 305-289-6027 305-852-7145 3051 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 KCI Technologies, Inc. a foreign corporation of the State of Delware, authorized to do busiess in the State of Florida, whose address is 5835 Blue Lagoon Drive, Suite 303, Miami, FL 33126 its successors and assigns, hereinafter referred to as "CONSULTANT" OR "CONTRACTOR", U 0 WITNESSETH: U) 0 2 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 individual study under the contract does not exceed $500,000.00 in accordance with F.S. 0 287.055 (herein after referred to as "Project"; and c� WHEREAS, The professional services required by this Contract will be for services in the form of a continuing contract, commencing on February 16, 2022 (the "effective date" of this agreement) and ending four years thereafter, with options for the County to renew for one additional 1 year period; and 4- 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 -119 of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders; and 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 U 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. 805 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 individual Task Order and the local conditions under which the Work is to be completed. U 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement 0 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 U incorrect design elements in the contract documents; 49 U) 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with 0 regards to his performance and those directly under his employ. 2 0 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project (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 Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or t0 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. c� 2 Rev. 2/3/2022 Packet Pg. 806 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK c� 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. U) Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT c) constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. 2 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 c) and the modification shall be precisely described. L_ 49 U) 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT 0 L_ All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the 119 U) COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 0 Key West, Florida 33040 c) And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Bryan Wilson, PE 1425 West Cypress Creek Rd. Suite 101 Fort Lauderdale, FI 33309 3 Rev. 2/3/2022 Packet Pg. 807 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 0 4.1 The COUNTY shall provide full information regarding requirements for the Project 0 (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 representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly 0 and sequential progress of the CONSULTANT'S services. c� 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project (and individual Task Order) or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. - 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of -119 U) the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its U 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. U 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. c� 4 Rev. 2/3/2022 Packet Pg. 808 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 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. 2.1 5.3 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. U 5.4 This indemnification shall survive the expiration or earlier termination of the contract. 9 U) 5.5 FDOT Funded Project will require the following language to be included in each Task Order: 0 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, 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 (COUNTY)Agency's sovereign immunity." ARTICLE VI PERSONNEL 6.1 PERSONNEL U 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 Bryan Wilson, PE Contract Manager Mark Kline, PE Lead - Transportation Design Peng Zhu, PhD, PE Lead - Traffic Engineering Benjamin Hoyle, PSM Lead - Surveying & Mapping 5 Rev. 2/3/2022 Packet Pg. 809 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D Jason Trujillo, PE Lead - Construction Engineering & In C.24.a Nick Leone, PE Lead - Stormwater/ Drainage Engineering Geogio Tachiev, PhD, PE Lead - Sea Level Rise Ralph Verrastro, PE Lead - Structural Engineering 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 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 c) shown in Attachment A. 0 U) 7.2 PAYMENTS 0 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 W pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. 12 (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services 4- 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 -119 U) such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: c) 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. 810 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each 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" of this agreement) and end four (4) years thereafter, with options for the County to renew for one additional 1 year period. c, ARTICLE VIII 0 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 CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 0 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer 0 acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: -119 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. U 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. 811 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract. t� F. U) G. COUNTY shall be named as an additional insured with respect to U CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. c, H. CONSULTANT shall require its subconsultants to be adequately insured at least L- to the limits prescribed above, and to any increased limits of CONSULTANT if so U) required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. 2 0 I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such L) policies upon request. 0 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 submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 0 9.1 SECTION HEADINGS U 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. c� 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS ° 8 Rev. 2/3/2022 Packet Pg. 812 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 c� The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES c) 0 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION c, 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. 5, 0 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. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and t0 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. 813 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 Consultant has been placed on the Scrutinized Companies with Activities in the 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 U 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), 0 Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. U 9.6 CONTRACT DOCUMENTS U) 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 event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 0 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for t0 CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. c� 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. 814 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 with 2 C.F.R. § 200.333. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the U 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 2 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 W the COUNTY. 9 Right to Audit 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 0 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 recaps, bidding instructions, bidders list, etc); original estimates; estimating work UI sheets; correspondence; change order files (including documentation covering 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 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, U 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. 815 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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. 9.10 SEVERABILITY U 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, 2 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 W enforcement of the remaining terms, covenants, conditions and provisions of this L_ Agreement would prevent the accomplishment of the original intent of this 9 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 2 to the intent of the stricken provision. c� 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 4- enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, -119 U) courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. U 9.13 AUTHORITY c� 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 c� 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. 816 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 S arbitration. This provision does not negate or waive the provisions of paragraph 9.5 , concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the L) 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 2 Agreement shall be required to enter into any arbitration proceedings related to this Agreement. c) 9.17 NONDISCRIMINATION 49 U) 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 2 discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title 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 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of -119 U) 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, c) 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. 817 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 compensation; and selection for training, including apprenticeship. The contractor agrees to 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. 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 2.1 employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. c) 3) The CONSULTANT will not discharge or in any other manner discriminate against any 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 0 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 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 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. -119 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. 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. X 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. 818 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be c) 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, U) solicitation or acceptance of gifts; doing business with one's agency; unauthorized 2 compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. U 9.20 NO SOLICITATION/PAYMENT 49 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 2 working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability 4- 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 funded by FHWA, FAR 52.203-5 Covenant Against Contingent Fees applies to this -119 U) Agreement. 9.21 PUBLIC ACCESS. c� 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 c) 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. 819 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 public records in possession of the Consultant or keep and maintain public records 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 c) 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 2 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 W systems of the County. L- (5) A request to inspect or copy public records relating to a County contract 9 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, 2 and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 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 4- 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 within a reasonable time may be subject to penalties under section119.10, Florida -119 U) Statutes. 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. 0 IF THE CONSULTANT HAS QUESTIONS REGARDING THE U 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. 820 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the c) COUNTY. 0 U) 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES 2 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 W obligation or responsibility imposed upon the entity by law except to the extent of L_ actual and timely performance thereof by any participating entity, in which case the 2 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 2 the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this 4- Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any -119 U) 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. 0 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION c) 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. 821 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 E-Verify System U 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 U) Security's E-Verify system to verify the work authorization status of all new 0 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- M Verify system to verify the work authorization status of all new employees hired by L_ the subcontractor during the Contract term. Any subcontractor shall provide an 9 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 2 provisions of F.S. 448.095 c� 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, 4- including but not limited to: 9.30.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by 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 U 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. 822 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any U subcontracts the clause above and such other clauses as the FEMA may by 0 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. U (3) Breach. A breach of the contract clauses above may be grounds for L_ termination of the contract, and for debarment as a contractor and U) subcontractor as provided in 29 C.F.R. § 5.12. 0 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 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 contractor or subcontractor, within seven days after the regular payment date of the 0 payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. -119 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 0 standard work week of 40 hours. Work in excess of the standard work week is permissible U 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. 823 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 $27 for each calendar day on which such individual was required or permitted 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). t� (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 L_ contractor, such sums as may be determined to be necessary to satisfy any 2 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). 2 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a 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 award meets the definition of"funding agreement" under 37 CFR §401.2 (a) -119 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 U the awarding agency. c� 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. 824 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a $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. c� 9.30.5 Debarment and Suspension (Executive Orders 12549 and 126891—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 names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at t� 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 U 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 c) into. This certification is a material representation of fact relied upon by the L_ COUNTY. If it is later determined that the contractor did not comply with 2 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 2 available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 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 bid for an award exceeding $100,000 must file the required certification. Each -119 U) 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 c) 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. 825 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. U 0 9.30.8 Prohibition on certain telecommunications and video surveillance services or equipment as u) set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and 2 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 w 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 2 section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE 2 Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security 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. -119 U) (iii) Telecommunications or video surveillance equipment or services produced or provided m, 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 R an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 0 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. 826 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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: c� 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 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 U origin or sex in the award and performance of contracts, entered pursuant to 9 this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR 0 SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 UI C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to 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 -119 enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; t' (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 U 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. 827 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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 provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any U 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 U 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 U support the reports. L_ 12 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 2 agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 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 by both the COUNTY and Contractor. -119 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 0 9.30.18 No Obligation by Federal Government. The Federal Government is not a party to U 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. X 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. 828 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D C.24.a 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. c� L- CL [The remainder of this page intentionally left blank.] , U) U 0 2 U U) 0 c� U) c� 0 U c� X c� 25 Rev. 2/3/2022 Packet Pg. 829 C.24.a DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly , e�;,r�epresentative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS Attest-K� :'N ADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman ocuSigned by: I'g -'R 0 9I L Seal • DoouSi®nedby: KCI TECHNOI ArIFS INc_ U Attest: " D"uftned by: awj& Prof*r V) 301D9788FF154C7... OS LK752671B9A9C:14D3... U BY: Bayne Smith, PE By: Rarluc11 Irlca�uu, �� Title: Secretary Title: Vice President U 1) END OF AGREEMENT 0 MONROE COUNTY ATTORNEY � C� ppPPA�y�D AS TO pOy,1• p1n'TinO Y'1�,4�H—fh,fln,>'t�it � CHRISTINE LIMBERT.BARROWS ASSISTANT COUNTY ATTORNEY DATE: 2/10/22 0 181 CD C3 P� Y C E U 26 Rev.2/3/2022 Packet Pg. 830 DocuSign Envelope ID:C2286B89-E150-45A3-A2AD-67C915B7867D ATTACHMENT CONSULTANT RATES .2 u U) .2 0 0 -119 U) 0 u x w E 27 Rev. 2/3/2022 1 Packet Pg. 831 C.24.a <S KCI L59 HOURLY RATE SCHEDULE JOB CLASSIFICATION HOURLY RATE Project Assistant $80.00 0 Engineer-in-Training $115.00 Design Engineer $130.00 Senior Design Engineer $150.00 0 Project Engineer $160.00 U) c� Senior Project Engineer $180.00 Landscape Architect-in-Training $100.00 Landscape Architect $150.00 U Project Manager $160.00 Senior Project Manager $180.00 Practice Leader $200.00 2 0 Regional Practice Leader $225.00 Construction Inspector $90.00 Senior Construction Inspector $115.00 Senior Project Engineer Construction $220.00 0 Project Administrator $175.00 Contract Support Specialist $125.00 Senior Inspector Roadway $105.00 Senior Inspector Bridge $115.00 Inspector Roadway $80.00 Survey CAD Technician $90.00 Surveyor $145.00 Senior Surveyor $180.00 U Laser Scan/Specialty Survey Crew $350.00 c� Survey Field Crew Supervisor $135.00 x w UAS Operator (Drone Pilot) $150.00 Mobile Survey Analyst $135.00 2 Person Survey Crew $145.00 3 Person Survey Crew $190.00 KCI—June 2021 Packet Pg. 832 C.24.a 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 KCI Technologies, Inc. (Company) ... 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 0 amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 2 U (Signature) U) Date: 11/18/21 0 STATE OF: FLORIDA COUNTY OF: BROWARD 0 Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or Xl online notarization, on 11/18/21 U) (date) by Bruce Reed (name of affiant). He/She is personally known to me or has produced personally known (type of identification) as t� identification. U MY CC3MMMION @ 3 83i98 34 ! dS �' Y :1A"11,2024 NO PUBLIC My commission expires: March 11, 2024 c� -44- Monroe County,FL•On Call Professional Engineering Services Packet Pg. 833 CI C.24.a RFQ for On Call Professional Engineering Services NON-COLLUSION AFFIDAVIT Bruce Reed, RLA of the city of Miami according to law on my oath, and under penalty of perjury, depose and say that: c� 1. I am Regional Practice Leader/ Senior Associate &Assistant Secretary of the firm of KCI Technologies, Inc. the bidder making the Proposal for the project described in the Notice of Request for Competitive Solicitations for: On Call Professional Engineering Services and that I executed the said proposal with full authority to do so: 0 2. the prices in this bid have been arrived at independently without collusion, 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 person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contacts for said project. 11/18/21 ass (Signature of Respondent) (Date) STATE OF: FLORIDA COUNTY OF: BROWARD Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or IN online notarization, on 11/18/21 (date) by Bruce Reed (name of affiant). He/She is personally known to me or has produced personally known (type of identification) as identification. c� sR Tt l BM ON .• n > NO PUBLIC 'March 11,2024 � &nd&dTWWaVRd&UWem19aMy Commission Expires: March 11, 2024 -45- Monroe County,FL•On Call Professional Engineering Services Packet Pg. 834 CI C.24.a RFQ for On Call Professional Engineering Services DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: KCI Technologies, Inc. (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, and employee assistance programs, and the penalties that may be imposed upon 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). 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 or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 0 As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ' U LZ (Sinature) 0 4- Date: 11/18/21 STATE OF: FLORIDA U) COUNTY OF: BROWARD �- t3 Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or X online notarization, on 11/18/21 (date) by Bruce Reed (name of affiant). He/She is personally known to me or has produced personally known (type of identification) as identification. NOTARY PUBLIC MYCOMMtSSdON#GGMOW My Commission Expires: March 11, 2024 E c5 -46- Monroe County,FL•On Call Professional Engineering Services Packet Pg. 835 CI C.24.a RFQ for On Call Professional Engineering Services VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): On Call Professional Engineering Services Respondent Vendor Name: KCI Technologies,Inc. Vendor FEIN: 52-1604386 Vendor's Authorized Representative Name and Title: Bruce Reed,Regional Practice Leader Address: 5835 Blue Lagoon Drive, Suite 303 City: Miami State:FL Zip: 33126 Phone Number: (305)477-7667 Email Address: bruce.reed(cr�,kci.com Section 287.135,Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the companyis on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, p y Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a U 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 6/S 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 t3 Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran 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 ds subject company to civil penalties, attorney's fees,and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false 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 Syria. t3 Certified By: Bruce Reed,RLA _ who is authorized to sign on behalf of the above refered company,- Authorized Signature: Print Name: Bruce Reed,`RLA Title: Regional Practice Leader Note: The List are available at the following Department of Management Services Site: U) lrtt ://www.dms.myflorida.comfbusiness operations/state_purclrasin^/vendor information/convicted suspende d discriminatory complaints vendor lists t3 c� U c� x c� -47- Monroe County,FL•On Call Professional Engineering Services Packet Pg. 836 CI KCITECH-01 C.24.a ,4C"C ►R`", CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) 41�....--� /10/2022 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 POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEC 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 of c) this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Maureen Martin,AAI NAME: Lyons Insurance Agency,Inc. PHONE FAX CIL 601 Carr Road,Suite 301 (A/C,No,Ext): (302)472-2914 (A/C,No): Wilmington,DE 19809 E-MAIL mmartin@lyonsinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Insurance Company of Pittsburgh,PA 19445 U) INSURED INSURER B:Great American Insurance Co. 16691 KCI Technologies,Inc. INSURERC:New Hampshire Insurance Company 23841 6836 Blue Lagoon Drive,Suite 303 INSURER D Miami,FL 33126 0 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: t) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 0 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS U) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0) INSR ADDL SUBR POLICY EFF POLICY EXP . LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS-MADE X OCCUR GL 522-24-13 4/1/2021 4/1/2022 DAMAGE TO RENTED 500,1 X X PREMISES Ea occurrence $ UJ APPROVED BY RISK MANAGEMENT MED EXP(Any oneperson) $ 25,1 I) BY PERSONAL&ADV INJURY $ 1,000,1 0 GEN'L AGGREGATE LIMIT APPLIES PER: DATE 2W/f62:4 GENERAL AGGREGATE $ 2,000,1 POLICY� JECT LOC WAVER N A YES PRODUCTS-COMP/OP AGG $ 2,000,1 OTHER: ____ $ O A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Z�QQQ�I Ea accident $ X ANY AUTO CA 448-96-82 4/1/2021 4/1/2022 X X BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,1 0 T00020292610 4/1/2021 4/1/2022 10,000,1 EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WC 012-01-6190 4/1/2021 4/1/2022 10001 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A X E.L.EACH ACCIDENT $ ' ' (� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,1 If yes,describe under 1,000,1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ a C5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) O Project:On Call Professional Engineering Services t) Monroe County shall be listed as an Additional Insured under General&Automobile Liability,on a Primary/Non-Contributory basis where required by writte contract.Wavier of Subrogation is granted under General&Automobile Liability,&Workers Compensation,where required by written contract&allowable state law. Umbrella is Following Form with the Underlying.If coverage is cancelled by the company,notice of cancellation will be provided at least 30 days advance,subject to state specific statutes. UJ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 837 Client#:42475 KCITEC ACORDTM CERTIFICATE OF LIABILITY INSURANCE Izin THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Letha E. Lombardi CBIZ Insurance Services, Inc. PHONE 443 259-3237 FAX A/C,No,Ext: A/C,No 44 Baltimore Street E-MAIL cbiz.comuest Cumberland, MD 21502 ADDRESS: centre CI @ INSURER(S)AFFORDING COVERAGE NAIC# ,� INSURER A:XL Specialty Insurance Co. 37885 INSURED INSURER B: KCI Technologies, Inc. INSURER C: 6500 N.Andrews Ave. INSURERD: Fort Lauderdale, FL 33972 INSURER E: O INSURER F: COVERAGES CERTIFICATE NUMBER: 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 U INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS L- CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. U) INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2.1 CLAIMS-MADE OCCUR APPROVED BY RISK MANAGEMENTPREMISESO a occur ence $ LO BYY MED EXP(Any one person) $ FU DATE 2A4/2021 PERSONAL&ADV INJURY $ fL- GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NIA—YES® GENERAL AGGREGATE $ 4 POLICY FI JECT LOC PRODUCTS-COMP/OP AGG $ _ OTHER: $ O AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 6 Ea accident $ ANY AUTO BODILY INJURY(Per person) $ U OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ 0 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under `tl' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional DPR9986964 12/15/2021 12/15/2022 $10,000,000 each claim Liability $15,000,000 Aggregate c� $500,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Continuing Contract for On Call Professional Engineering Services. U c� x CERTIFICATE HOLDER CANCELLATION c' Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE M y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD 26(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD Packet Pg. 838 #S3039421/M2956424 OPAD C.24.b L- 0 U) TASK ORDER FOR CONSTRUCTION ENGINEERING AND INSPECTION SERVICES 2 BETWEEN MONROE COUNTY AND KCI TECHNOLOGIES INC. FOR CARD SOUND ROAD RESURFACING PROJECT U In accordance with the Continuing Contract for On Cali Professional Engineering Services made L- and entered on the 18th day of January 2023 between Monroe County hereinafter referred to U) as the "County" and KCI 'Technologiies Inc.„ hereinafter referred to as"Consultant" where professional services are allowed if construction costs do not exceed $4,000,000 in accordance 2 with F.S. 287,055 (as amended per Chapter 2020-127). c� 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 whiich will be specifically referenced in this Task Order and the modification shall be precisely described. References to federal provisions do not apply to this Task Order, 0 This Task Order is effective on the 18th Fray of January 2023 and shall expire 00 days after construction is complete. -119 U) Article 11 Scope of Basic Services,, (Paragraph 2.1 is amended as follows: CL The scope of Construction Engineering and Inspection (CFI) Services for the Card l Sound Road Resurfacing Project will include: U) 76 1.0 SCOPE OF SERVICES: The Scope of Work consists of milling, paving„ signing, stripinigi, and other construction as shown, on the Drawings and included in the Technical Specifications of roughly four 0 miles of Card Sound Road from Card Sound Road Bridge to the intersection of County Road 908. 0 The Consultant shall provide Construction Engineering and Inspection Services for the Card Sounds Road Resurfacing Project. U The Consultant shall)exercise their independent professional judgment in performing their 2 obligiations and responsibilities under this Task Order. Pursuant to Section 4.1.4 of the 3 FCDOT's Construction Project Administration Manual (CPAM), the authority of the Consultant's head person, such as the Senior Project Engineer, and the Consultant's Project Administrator shalll be identical to the Department's Resident Engineer and Project U) Administrator respectively and shall be interpreted as such. 0 On a single Construction Contract, it is a conflict of iinterest for a professional firm to receive compensation from both the County and the Contractor either directly or indirectly. U The Consultant shall, utiliize the U.S. Department of Homeland Security's E-Veri'fy system to verify the employment eligibility of all new employees haired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of -199 Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. E Gard Sound Road Resurfacing Project"task Order � KC;1 Technologies IN(:`. (� December 2022 Page I of Is Packet Pg. 839 L- 0 U) 2'.0 LENGTH OF SERVICE: U The Consultant services for the Construction Contract shall begin, upon written notification, to Iproceed by County. 12 U) .T The Consultant Senior Project Engineer will track the execution of the Construction 0 .2 Contract such that the Consultant is given timely authorization to begin work. While no 0 personnel shall' be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two weeks of noti�fication. For the duration of the project, the Consultant shall coordinate closely with the County and U I Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities, 0 For estimating purposes, the Consultant will be allowed an accumulation of thirty working days to perform preliminary administrative services prior to the issuance of the 0 Contractor's notice to proceed and thirty calendar days to demobilize after final U) acceptance of the Construction Contract, CL Construction Contract Estimate E Bid Date Start Date Duration U) Feb 23, 2023 Pendling 220 days 76 3.0 DEFINITIONS: 0 A. Resident Engineer: The Engineer assigned to a particular Project or area to administer Construction Contracts for the County. B. Construction Project Manager: The County employee assigned to manage the 0 Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement, U C. Engineer of Record: The Engineer noted on the Construction plans as the U responsible person for the design and preparation of the plans, D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. U) 0 .2 E. A,greemen : The Professional Services Agreement between the County and the Consultant setting forth the obligations of the par-des thereto, including but not limited to the performance of the work, furnishing of services, andl the basis of U payment. L- 0 4— F. Consultant Senior Pro'ect Engineer: The Engineer assigned' by the Consultant to be in charge of providing Construction Contract administration for one or more 0 Construction Projects, This person may supervise other Consultant employees -ldc U) and act as the lead Engineer for the Consultant. M G. Consultant Pro'ect Administrator: The employee assigned by the Consultant to be E Card Sound Road Resurfacing Pn jectl ask Order KC 'rechnologies INC. Decein ber 2022 Page 2 of 15 I Packet Pg. 840 L- 0 U) 0 in charge of providing Construction Contract administration services one or more .2 Construction Projects, 2.1 0 LO H. Contractor: The individual, firm, or company contracting with the County for U performance of work or furnishing of materials,. 12 I. Construction Contract: The written agreement between the County and the U) Contractor setting forth the obligations of the parties thereto, including but not 0 limited to the performance of the work, furnishing of labor and materials, and the 0 basis of payment. Ji, CPAM: Florida Department of Transportation, Construction Project Administration, manual; latest. 0 K. Department; Florida Department of Transportation L. F.D.O.T.: Florida Department of Transportation, 0 -119 U) M. County: Monroe County Board of County Commissioners. CL N. CTQR Florida Department of Transportation Construction Training Qualification E Program, U) 76 4.0 REQUIREMENTS: 41 General: It !shall be the responsibility of the Consultant to administer, monitor, and inspect 0 W the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications,, and special provisions for the Construction Contract. 0 W The Consultant shall observe the Contractor's work to determine the progress and U quality of work, identify discrepancies, report significant discrepancies to the L- County, and direct the Contractor to correct such observed discrepancies, 12 U �e The Consultant is hereby designated by the County to negotiate Supplemental Agreements, However, the Consultant must seek input from the Construction Project Manager, The Consultant shall prepare the Supplemental Agreement as a U) recommendation to the County, which the County may accept, modify, or reject > upon review. The Consultant shall consult with the Construction Project Manager, ,as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action, or direction. U 0 The Consultant shall advise the Construction Project Manager of any significant omissions,, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the 0 Contractor, Work provided by the Consultant shall not relieve the Contractor of U) responsibilfty for the satisfactory performance of the Construction Contract. M E Card Sound Road Resurfacing Prowt'rask Order KCITechnologies INC December 2022 Page 3 of 15 I Packet Pg. 841 L_ 0 4.2 Survey Control: .2 The Consultant shall check or establish the survey control baseline(s) alongi with LO sufficient baseline control points and bench marks at appropriate intervals along U the project in order to: (1) make and record such measurements as are necessary L_ to calculate and document quantities for pay items;, (2) make and record pre- 12 U) construction and final cross section surveys of the project site in those areas where S? earthwork (i.e,., embankment, excavation, subsoil excavation, etc.) is part of the 0 .2 construction project and (3) perform incidental engineering surveys. The Senior 0 Project Engineer will establish the specific survey requiirements for each project prior to construction. Any questions or requests for"Waiver of Survey" should be directed to the Senior Project Engineer. 0 4.3, On-site Inseection: 0 -119 The Consultant shall monitor the Contractor's on-site construction activities and U) M inspect materials entering into the work in accordance with, the plans, specifications, and special provisions for the Construction Contract to determine CL E that the projects are constructed in reasonable conformity with, such, documents. The County will monitor all off-site activities and fabrication. The Consultant shall U) keep detailed accurate records of the Contractor's daily operationis and of significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone traffic control plan and review of modifications to the Work Zone Traffic 0 Control Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant employees performing such services shall be qualified in accordance with F.D.O.T. department procedure. 0 4.4 Sam gling and Testing: U The Consultant shall', perform sampling and testing of component materials and L_ completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in the Department"s Materials Sampling, Testing and Reporting Guide shall be met. in complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality U) Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in, the, vicinity of the > project for verification and acceptance, The Consultant shall be specifically responsible for job control samples U L_ determining the acceptability of all materials and completed work items on the 0 basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. 0 -ldc Sampling,testing and laboratory methods shall be as required by the Department's U) Standard Specifications,, Supplemental Specifications or as modified by the special cu provisions of the Construction Contract. E Card SOUnd Road Resurfacing Pro ect"Fask Order KCI Technologies INC December 2022 Page 4 of 15 I Packet Pg. 842 L_ 0 U) 0 Documentation reports on sampling and testingi shall be submirtted to responsible .2 parties during the same week that the construction work is done. Ilf required, the Consultant will transport samples to be tested in a Department U laboratory to the appropriate laboratory or appropriate local! FDOT facility. L_ 12 The Consultant will review and approve, contractor samples in FDO,T's Materials U) Acceptance and Certification (MAC), system. 2 cm . 0 The Consultant will input verification testing information, and data into FDOT's Materials Acceptance and Certification (MAC) system using written instructions, provided by the Department. 4.5 Engineering Services: 0 4- The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction 0 -ldc project. Notwithstanding the above, the Consultant is not liable to the County for U) failure of such parties to folllow written direction issued by the Consultant. cu CL Services include maintaining the required level of surveillance of Contractor E activities, interpreting plans, specifications, and special provisions for the U) Construction Contract, maintaining complete, accurate records of all activities and 76 events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services: (11) Schedule and attend, within ten days after the Notice to Proceed, a pre- construction conference for the project in accordance with County and 0 W FDOT procedures. The Consultant shall provide appropriate staff to attend and participate in the pre-construction meeting. 0 LO (2) The Consultant shall record a complete and concise record of the proceedings, of the pre-construction meeting and distribute copies of this U summary to the participants and other interested parties within seven days. L_ 4 U (3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseliine(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness,, logic, durations, activity,flow, imilestone dates, concurrency, resource allotment, and delays U) will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other U concerns as detailed in CPAMI. L_ 0 4- L_ (4) Verify that the Contractor is conducting inspections, preparing reports, and monitoring all storm water pollution prevention measures associated with 0 the project. -199 U) M (5) Analyze problems that arise on a project and proposals submitted by the E Card Sound Road Resurfacing PrgIect Task Order KC)Technolog�es INC, December 2022 Page 5 of']5 I Packet Pg. 843 L_ 0 Contractor, endeavor to resolve such issues, and process the necessary .2 paperwork, (6) Produce reports, verify quantity calculations, field measure for payment U purposes as needed to prevent delays in Contractor operations and ensure L_ prompt processing of such information in order for the County to make 12 U) timely payment to the Contractor. . .2 (7) Provide Public (Information services as required to manage inquiries from 0 the public, public officials, and the news media. Prepare newsletters for distribution, to adjacent property owners. The County Construction Project Manager shall approve all notices, brochures, responses, to news media, U I etc., prior to release. 0 (8) Prepare and submit to the Construction Project Manager monthly, a Construction Status Reporting System (CSRS) report. 0 -119 (9) Schedule and conduct a meeting with the County Engineering Office at U) M least 45 calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as-builts, CL necessary to close out the p,ermit(s), E (10) Video tape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on, areas of real/potential public controversy. (11) The Consultant shall have a digital camera for photographic 0W documentation of noteworthy incidents or events to cover the following areas: 0 (a). Pre-construction photographs U (b). Normal and exceptional progress of work L_ (c). Critical path activities (d). Accidents showing damage U) 0 (e). Unsafe working conditions > (9. Unusual construction techniques LO M U (g). Damaged equipment or materials 0 (h). Any activity, which may result in claims 0 -199 U) These photographs will be fiiled and maintained on the Consultant's M computer. Copies of photographs will be electronically transferred to the E Card Sound Road Resurfacing Pro�jec ['ask Order KC I Technologies INC. December 2022 Page 6 of"15 I Packet Pg. 844 L_ 0 U) 0 County at an interval determined by the Senior Project Engineer and the .2 Construction Project Manager, 2.1 0 LO The, taking of the photographs shall begin, the day prior to the start of M U construction and continue regularly throughout this project. Photographs L_ shall be taken the days of Conditional, Partial and/or Final Acceptance. 12 U) .S? (12) Monitor each, Contractor and Subcontractor's complliance with 0 .2 specifications and special provisions of the Construction Contract in regard 0 to payment of predetermined wage rates in accordance with FDOT procedures. (13) As needed, prepare and' make presentation before the Dispute Review Boards in connection with the project covered by this Agreement 0 6.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT: 0 -ldc A. The County, on as needed basis, will furnish the following Construction Contract U) M documents for this project. These documents may be provided in either paper or electronic format. CL E 1 Construction Documents (drawings, specifications) U) 2 Special Provisions 76 3 Copy of the executed Construction Contract. 6.0 ITEMS FURNISHED BY THE CONSULTANT: 0 6.1 County Documents: 0 All applicable documents referenced herein shall be a condition of this Agreement. U L_ 62 Vehicles: 12 U Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehlicl:es shall have the name and phone number of the consulting firm visibly displayed on both sides of U) the vehicle. 0 .2 6.3 Field Equipment: The Consultant shall supply survey, inspection and testing equipment, essential U L_ in order to carry out the work under this Agreement. Such equipment includes 0 4— those non-consumaNe and non-expendable items, which are normally needed for a CEI project and are essential in, order to carry out the work uinder this Agreement. 0 -ldc U) (U Hard hats shall have the name of the consulting firm visibly displayed. E Card Sound Road ReSUlfacing Project Task Order K CA technologies INC', December 2022 Page 7 of 15 I Packet Pg. 845 L- 0 U) Equipment described herein and expendable materials under this Agreement will .2 remain the property of the Consultant and shall be removed at completion of the 2.1 work. LO M U The Consultant's handling of nuclear density gauges shall be in compliance with their license, 12 U) 2) The Consultant shall retain responsibility for risk of loss or damage to said 0 .2 equipment during performance of this Agreement. Field office equipment shall 0 be maintained and in operational condition at all times. 6.4 Licensing for Equipment Operations: U The Consultant will be responsible for obtaining proper licenses for equipment 0 and personnel operating equipment when licenses are required, The Consultant shall make the license and supporting documents available to the County, for 0 verification, upon request. -119 U) Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. E 7.0 LIAISON: U) The Consultant shall keep the Construction Project Manager informed of all significant .2 activities, decisions, correspondence, reports, and other communications related to its responsibilities under this agreement and' seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant's 0 performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel 0 Approval Requests, User ID (Requests, Time Extension Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. U 8.0 PERSONNEL: U 8.1 General Requirements: U) The Consultant shall staff the project with the qualified personnel necessary to 0 efficiently, and effectively, carry out its responsibilities under this Agreement. Not .2 all positions listed below may be required; however, personnel performing a specific task must have the qualifications required for the task. L) Unless otherwise agreed by the County, the County will! not compensate straight L- 0 overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Specialist. 0 -ldc U) 8.2 Personnel Qualifications: M E Card Sound Road Resurfacing Pro ect'l-ask Order J KCI Technologies INC. December 2022 Page 8 of 15 I Packet Pg. 846 L- 0 U) The Consultant shall utilize only competent personnel, qualified by experience, and .2 education. The Consultant shall submit in writing to, the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education, and U experience, The Consultant Action Request form for personnel approval shall be submitted to,the Construction Project Manager at least two weeks prior to the date an individual is to report to work. U) 0 .2 Personnel identified in the Consultant technical proposal are to be assigned as 0 proposed and are committed to, performiingi services under this Agreement. Personnel changes will require written approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the Consultant U I within one week of County notification. 0 Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess alll the necessary qualifications/certifications for 0 obtaining the duties of the position they hold. Cross training of the Consultant's -119 U) project staff is highly recommended to ensure a knowledgeable and versatile project inspection team but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction, CL E Office website for training dates. U) 76 Minimum qualifications for the Consultant personnel are set forth as follows. 0 Exceptions to these minimum qualifications will be considered on an individual .2 basis, The County Engineer or designee will have the final approval authority. CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be registered 0 in the State of Florida as a Professional Engineer(or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six years of engineering experience (two years of which are in major road and bridge 0 construction), or for non-degireed personnel the aforementioned registration and ten years of engineering experience (two years of which are in major road or bridge construction), Qualifications include the, ability to communicate effectively U in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and U organizes the work of subordinate and staff members; develops and/or reviews � policies, methods, practices, and procedures; and reviews programs for conformance with County standards. Also must have the followings Qualification: > FDOT Advanced MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post- tensioning Tendons" (If applicable) U L- Attend the CTQP Quality Control Manager course and pass the examination, 0 Certifications: None 0 -ldc A Master's Degree in Engineering may be substituted for one (1) year engineering U) experience. M E Card Sound Road ReSUrfacing Project Task Order KCITechnologics INC December 2022 Page 9 of Is I Packet Pg. 847 L- 0 U) CEI PROJECT ADMINISTRATOR -A Civil Engineering degree plus two (2) years .2 of engineering experience in construction of major road or bridge structures, or eight(8) years of responsible and related engineering experience, two (2)years of W which involved construction of major road and bridge structures. M U Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in, the solution of work problems. Directs and U) assigns specific tasks, to inspectors and assists in, all phrases of the construction 0 project. Will be responsible for the progress and final estimates throughout the 0 construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the U I training video "Grouting of Bridge Post-tensioning Tendons" (If applicable) CTQP Final Estimates Level III 0 Certifications: None 0 -119 Other�! Attend CTQP Quality Control Manager Course and pass the examination. A (Master's Degree in Engineering may be substituted for one (1) year of CL engineeringi experience E U) CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High 76 School diploma or equivalent and four years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties, (i.e., progress, and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering degree. Should 0 exercise independent judgment in planining work details and making technical decisions related to the office aspects of the project. Should be familiar with the County's Procedures covering the project related duties as stated above and be 0 proficient in the computer programs necessary to perform these duties. Shall (n become trained in CTQP Final Estimates Level 11 course and maintain a current qualification. U CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High school U graduate or equivalent plus four years of experience in construction inspection, two years of which shall have been in bridge and/or roadway construction inspection. U) 0 Must have the following: > Qualifications: CTQP Concrete Field Inspector Level I M CTQP Concrete Transportation Construction Inspector(CTCI) Level II! (alll U bridges) CTQP Asphalt Roadway Level I (if applicable) 0 CTQP Asphalt Roadway Level Il (If applicable) CTQP Earthwork Construction Inspection Levell I CTQP Earthwork Construction Inspection Level 11 0 CTQP Pile Driving Inspection (if applicable) CTQP Drilled Shaft Inspection (If U) applicable) CTQP Grouting Technician Level I (If applicable) E Card Sound Road Resurfacing Project Task Order KCI Technologies NC December 2022 Page I cif 15 I Packet Pg. 848 L_ 0 U) CTQP Post-Tensioning Technician Level I (If applicable), .2 FDOT Intermediate MOT CTQP Final Estimates Level I U Certifications: Nuclear Radiation Safety U) .T Or a Civil Engineering degree and one year of road & bridge CEI experience with 0 .2 the ability to earn additional required qualifications, within one year, (Note: Senior 0 Engineer Intern classification requires one year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments iin field U surveying and construction layout, making, and checking engineering � L_ computations, inspecting construction work, and conducting field tests and is 0 responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. 0 -119 8.3 Staffing: U) Once authorized, the Consultant shall establish and maintain an appropriate staff CL through the duration of construction and completion of the final estimate. E Responsible personnel,, thoroughly familiar with all aspects of construiction and U) final measurements of the various pay items, shall be available to resolve disputed -ra final, pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff 0 appropriately. 0 In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. U 9.0 QUALITY ASSURANCE CIA) PROGRAM- U 9.11 Quality Reviews: The Consultant shall conduct semi-annual reviews to make, certain hiis own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in, the execution of this Agreement. Quality Reviews shall also be developed and U performed to achieve compliance with specific QA provisions contained in this 0L_ Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one month after the review. 0 On short duration CCEI projects (nine months or less), the CCEI shall perform an -ldc U) initial QA review within the first two months of the, start of construction. M 9.2 QA Plan: E Card Sound Road Resurfa6ng Project,Task Order KC I Technologies INC December 2022 Page I I of 15 I Packet Pg. 849 L- 0 U) Within thirty days after receiving award of an Agreement, the Consultant shall .2 furnish a QA Plan to the Construction Project Manager, The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization to assure conformance with the Agreement. Unless specifically W L) waivedl, no payment shall be made until the County approves, the Consultant QA Plan. 12 U) .T Significant changes to the work requirements may require the Consultant to revise 0 .2 the QA P,lan. It shall be the responsibility of the Consultant to keep the plan current 0 with the, work requirements. The Plan shall include, but not be limiited to, the following areas: A. Orc janization: 0 A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the 0 ,QA organization, shall be detailed as well as the names and qualifications U) of personnel in the quality control organization. M CL B. Quality Reviews: E U) The Consultant QA shall detail the methods used to monitor and achieve 76 organization compliance with Agreement requirements for services and products. C. Quality Records: 0 W The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. 0 en D. Control of Sub-consultants and Vendors: U The Consultant will detail the methods used to control sub-consultants and L- vendor quality. E Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and U) documentation was done in accordance with FIDOT specifications, plans, 0 .2 standard indexes, and County procedures. > 9.3 Quality Records: U The Consultant shall maintain adequate records of the quality assurance actions 0 performed by his organization, (including subcontractors andl vendors) in providing services and products under this Agreement. All records, shall indicate the nature 0 and number of observations made, the number and type of deficiencies found, and -Idc U) the corrective actions taken. These records shall be available to the County, upon cu request, during the Agreement term. All records shall be kept at the primary job site and shall be, subject to audit review, E Card Sound Road Resurlacing Jlroiect]'ask Order KCITechnologies INC. December 2022 Page 12 of 15 I Packet Pg. 850 L- 0 U) 0 10.0 CERTIFICATION OF FINAL ESTIMATES: .2 10.1 Final Estimate and As-Built Plans Submittal: U Prepare documentation and records in compliance with the Agreement, Consultant's approved QC Plan and the County's Procedures. U) 0 .2 Submit the Final Estimate(s) and three sets of final as built plans documenting 0 Contractor's work (one record set with two copies) as follows: (a) Within thirty calendar days, of final acceptance; or U (b) Where all items of work are complete and conditional/partial 0 4— acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty calendar days, the final estimate(s) will be due on the, thirtieth (30th) day after conditional/partial acceptance. 0 A memorandum with documentation will be transmitted to the U) Director of Engineering Services at final acceptance detailing any necessary revisions to: the pay items covered under the CL E conditional/partial acceptance. U) The Consultant shall be responsible for making any revisions to the Certified Final Estimate. 10.2 Certification: Consultant personnel preparing the Certified Final Estimate Package shall be 0 CTQP Finall Estimates Level 11 qualified. Duly authorized representative of the Consultant firm will provide a notarized (0n certification on a form pursuant to Department procedures. U 11.0 SUBCONSUILTANT SERVICES: L- 4 U Upon written approval by the Construction Project Manager and the County, and prior to performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. U) 12.,0 OTHER SERVICES: Upon written authorization by the Director of Engineering Services or designee, the Consultant will perform additional services in connection with the project not otherwise U identified in this Agreement. The following items are not included as part of this Agreement L- 0 but may be required by the County to supplement the Consultant services under this Agreement. 0 A. Assist in preparing for arbitration hearings or litigation that occurs during the -ldc U) Agreement time in connection with the construction project covered by this M Agreement. E Card SOUlid Road Resurfiwing Project]ask Order KCI Technologies INC, December 2022 Page 13 of IS I Packet Pg. 851 L_ 0 U) 0 B. Provide qualified engineering witnesses and exhiibits for any litigation or hearings .2 in connection with the Agreement. 2.1 C. Provide on- and off-site inspection services in addition to those provided for in this U Agreement. L_ 12 U) 13.0 POST CONSTRUCTION CLAIMS REVIEW: 2) 0 .2 In the event the Contractor submits a claim for additional compensation, and/or time after 0 the Consultant has completed:this Agreement, the Consultant shall, at the written request from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim, U I Compensation for such services will be negotiated and effected through a Supplement to this Agreement. 0 14.0 CONTRADICTION& 0 -119 In the event of a contradiction between the provisions of this Scope of Services and the U) M Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. CL E 15.0 THIRD PARTY BENEMCMIRY. U) 76 It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authoirize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of 0 any kind pursuant to the terms or provisions of this Agreement. 16.0 COUNTY AUTHORITY: 0 (n The County shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration, except matters agreed to by the U Contractor through contract changes negotiated by the Consultant, as authorized in L_ Section 4.1 herein. 12 U Article V11 Compensation, Paragraphs 7.1 is amended to read: U) The Consultant shall be paid monthly based on hourly rates per the continuing services contract 0 and estimated staff hours as follows: > Personnel Estimated Hourly Rate Total Hours U Senior Project Engineer/Administrator 124 $220.00 $27,280,010 0 4— CI Pro ect Administrator 619 $175.00 $1108,325.0101 L_ Senior Inspector 1,073 $105,010, $112,665.0101 0 Inspector 990 $80.010 $79,200.00 -ldc U) Project Assistant 281 $80-010 $22,480.00 Total Not To Exceed Amount $349,950-00 E Card Sound Road Resurfacing Project]'ask Or-der KCI Technologies INC. December 2022 Page 14 of 15 I Packet Pg. 852 C.24.b L- 0 0 as 0 as A total not to exceed amount of Three-Hundred and Forty-Nine Thousand Nine Hundred and co Fifty Collars ( 349,950.00) will apply. 2 as IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. 0 as KCI Techniologies INC. Witness 0 ,.. "Signature Date Signature Date U) Title CL E (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN' MADCK, Clerk OF MONROE COUNTY, FLORIDA as By: by: As Deputy Clerk Mayor/Chairman 0 Date: 0 E 2 MONROE COUNTY ATTORNEY CHRISTINE LIMBERT•9ARROWS ASSISTANT COUNTY ATTORNEY MATE 1/3,/23 ° as �s as 2 0 L- (D E 119 U) (D E Card Sound Road Resurfacing f'To ect"Task 0fder 0 ➢ 0 Technologies INC. ats December 2022 Page IS of 15 Packet Pg. 853