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Item C21
C.21 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 February 15, 2023 Agenda Item Number: C21 Agenda Item Summary #11701 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305) 295-4306 N/A AGENDA ITEM WORDING: Approval of Amendment 1 to the Task Order for the Engineering Design and Permitting Services for the Seaview Drive Bridge (4904606) Replacement Project to add additional Post Design Engineering Services in the total not to exceed amount of$147,522.00. The revised total not to exceed amount for this task order is $788,061.25. ITEM BACKGROUND: The project requires additional services of the engineer of record during construction including but not limited to review of certain submittals and respond to requests for information through the remainder of construction. The additional funds are necessary due to the complexity of the work activities involved in construction. PREVIOUS RELEVANT BOCC ACTION: In August 2020 the BOCC approved a task order with Kisinger Campo & Associates, Corp. for Engineering Design and Permitting Services for the Seaview Drive Bridge Replacement Project. This task order is being awarded under the On-Call contract for Professional Engineering Services. In January 2018, the BOCC approved the On-Call contract for Professional Engineering Services between Monroe County and Kisinger Campo & Associates, Corp. CONTRACT/AGREEMENT CHANGES: Amendment 1 to task order STAFF RECOMMENDATION: Approval of Amendment 1 DOCUMENTATION: Amendment 1 KCA Task Order-2-2023 signed Executed KCA Task Order 8-2020 Kisinger Campo - on call exec - 1-17-18 COI KCA expires 10-1-2023 Packet Pg. 925 C.21 FINANCIAL IMPACT: Effective Date: 2/15/23 Expiration Date: 60 days after project completion Total Dollar Value of Contract: $788,061.25 Total Cost to County: $147,522.00 Current Year Portion: $147,522.00 Budgeted: yes Source of Funds: 304-27007 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: 02/15/23 304-27000 - TRANSPORTATION PROJECTS $147,522.00 REVIEWED BY: Judith Clarke Completed 01/30/2023 2:18 PM Christine Limbert Completed 01/30/2023 4:03 PM Purchasing Completed 01/31/2023 8:23 AM Budget and Finance Completed 01/31/2023 11:39 AM Brian Bradley Completed 01/31/2023 11:43 AM Lindsey Ballard Completed 01/31/2023 11:53 AM Board of County Commissioners Pending 02/15/2023 9:00 AM Packet Pg. 926 C.21.a AMENDMENT 1 TO TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO AND ASSOCIATES, CORPORATION FOR SEAVIEW DRIVE BRIDGE (#904606) REPLACEMENT PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 19th day of December 2018, between Monroe County hereinafter referred to as the "County" and Kisinger Campo and Associates Corporation hereinafter referred to as "Consultant" where professional services are allowed if construction costs do not exceed $4,000,000 in accordance with F.S. 287.055 (as amended per Chapter 2020-127). U) All terms and conditions of the referenced Contract For On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the 0. modification shall be precisely described. This Amendment to the Task Order dated August 19, 2020 is effective February 15, E 2023 and is being amended as follows: M Article II Scope of Basic Services, Paragraph 2.1, the Scope of this Task Order is amended to include: This task will consist of Post Design Services for the Seaview Drive Bridge (#904606) Replacement Project. Tasks will include reviews and approval of RFI's, attending the progress meetings, shop drawing review, submittal review, responding to contractor questions/change requests, dynamic testing of foundation piling, geotechnical supervision and review, environmental/permitting, support/inspection and FOR N construction coordination and additional Scope of Services as included in Attachment A. Article VII, Paragraph 7.1 is amended to include the following: -119 U) The Consultant shall be paid monthly based on the following not to exceed amounts: U KCA Fee T- Project Management/Structures Support $100,588.00 E Roadway/MOT/Drainage Support $16,030.00 Environmental Permitting Support $15,504.00 E Total $132,122.00 E Subconsultant Fee Geotechnical Support—Tierra SF $6,800.00 Total $6,800.00 Total Design Fee $138,922.00 Amendment 1 Seaview Drive Bridge(#904606)Replacement Project Kisinger Campo&Associates Corp. February 2023 Packet Pg. 927 C.21.a Estimated Expenses Project Manager (Progress Meetings, Site Visit) $3,800.00 Structures/Roadway/MOT $3,200.00 Environmental $1,600.00 Total Expenses $8,600.00 Total Estimated Not To Exceed cost of Amendment 1 $147,522.00 U) a U) U) 0 CL E U U) M N C� C� -119 U) U E E E c� Amendment 1 Seaview Drive Bridge(#904606)Replacement Project Kisinger Campo&Associates Corp. February 2023 11' p a't 2 Packet Pg. 928 C.21.a IN WITNESS WHEREOF, each party caused the Amendment 1 to Task Order to be executed by its duly authorized representative. Kisinger Campo &Associates, Corp. Witness: 1/27/23 5�' d CT ... .. 1/27/23 u Signature Date Signature Date wrswwuMrwi 0 ponot . .hw SEAL ws Title M 1674 a y40 w * ,wawwwww,,"+`w (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA CL as E By: By: E As Deputy Clerk Mayor/Chairman Date: as U) 04 MONROE COUNTY AT70RNEY CD 04 d' S'fOFOK e CHRISTINE LIMB .... y t:R' BARROWS ASSISTANT COUNTY ATTORNEY CD DATE 1/27123 _.._ 119 U) CD E CD E CD E 0 Amendment 1 Seaview Drive Bridge(#904606)Replacement Project Kisinger Campo&Associates Corp. February 2023 11' p a't 3 Packet Pg. 929 C.21.a Attachment A Additional Scope of Services n U) C P U) U) 0 CL E E P U) M CN -119 U) E E E Amendment 1 Seaview Drive Bridge(#904606)Replacement Project Kisinger Campo&Associates Corp. February 2023 11' p a't 4 Packet Pg. 930 C.21.a //O000,A I1 II I 00 December 20, 2022 Judith S. Clarke,P.E. Director of Engineering Services Monroe County Engineering Services 1100 Simonton Street Key West, Florida 33040 2 Project Description: Monroe County on Call Professional Engineering Services -2017 Contract U) a Re: Task Work Order No. 5 —Amendment No. 1 —Seaview Drive Bridge—Post Design Services 0 U) Dear Ms. Clarke: 0 CL Kisinger Campo &Associates (KCA)is pleased to submit this Scope of Services and Fee Estimate for the above referenced project. This task will consist of Post Design Services for the Seaview Drive Bridge Replacement Project. Tasks will include attending the preconstruction meetings, attending progress meetings, shop drawing review, submittal review, responding to contractor questions/change requests, dynamic testing of foundation piling, geotechnical supervision and review, environmental/permitting E support/inspection and FOR construction coordination. For additional scope details,see the attached Scope of Services and Staff Hour Estimation Forms. U We have estimated the level of effort required for all engineering services described above. Our total estimated not to exceed fee amounts to $138,922.00. This fee includes all KCA post design efforts, sub- consultant efforts, coordination, QA/QC and supervision. The fee estimate is based on hourly rates which M cN include our overhead. c� Our expenses were estimated separately and are not included in the fee estimate. Our total estimated expenses amount to $8,600. Expenses will be itemized and submitted separately with each invoice. For a detailed description of the fee and estimated expenses, see the fee proposals in the attached Appendix. -119 U) We sincerely appreciate the opportunity to continue our working relationship with you on this project. Please do not hesitate to call me if you have any questions or need any additional information. Best Regards, E E c5 Jason L. LaBarbera, P.E. Project Manager File: 12017.57(KCA) W I IVmth Fi ^iikI n °7'I fit< 10(1( I aonpo, mhk 0,0) H 87 1 1 8 f i t/i Packet Pg. 931 C.21.a SUPPLEMENTAL SCOPE OF SERVICES Project Description: Seaview Drive Bridge Replacement Monroe County, Florida PURPOSE 0 2.1 The purpose of this Exhibit is to describe additional services (Post Design Services) outside the 0 U) original scope of work agreed to between the COUNTY and the CONSULTANT and amend the original task work order with this supplement. U) PROJECT COMMON AND PROJECT GENERAL TASKS 0. T- Post Design Services General — The general tasks include services to continue contract maintenance and project coordination as required, including construction coordination meetings and special purpose meetings and coordination activities during construction. These services include working with the County's designated Construction Engineering and Inspection U consultant (CEI) to reconcile issues during construction. These general tasks will also include support as necessary of activities regarding local stakeholder concerns. Construction Assistance - The CONSULTANT shall provide to the COUNTY qualified M representation during the construction phase to deal with issues concerning the intent `N and interpretation of the construction contract plans and documents prepared in the work. Should changed conditions be encountered in the field, and when requested by the COUNTY, the CONSULTANT shall respond in a timely manner with suitable engineering solutions, which take into account the changed conditions. On site -119 appearance of the CONSULTANT shall be made during construction at the request of the COUNTY or its designated representative. During construction,the CONSULTANT may be requested by the COUNTY or its designated representative to review contractor U proposed field changes or to respond with a recommended solution to remedy particular field situations not covered by the plans and specifications. Contract Maintenance — Maintenance of the project including status updates for the duration of the construction project (5,49 days contract duration), including project certification and closeout. E PROJECT MANAGEMENT AND STRUCTURES SUPPORT Post Design General: The CONSULTANT shall provide additional services for the review and approval structures related Requests for Information (RFI's), Requests for Modifications (RFMs), shop drawings and other miscellaneous contractor submittals in accordance with the construction documentation and accepted design criteria established during project development. Utility coordination support will also be provided as necessary. I December 22,2022 Packet Pg. 932 C.21.a ROADWAY/MOT/DRAINAGE SUPPORT Post Design General: The CONSULTANT shall provide additional services for the time and information necessary to review and approve all roadway related Requests for Information (RFIs) and Requests for Modifications (RFMs) including those related to drainage,traffic control plans, signing/pavement marking and utilities. 0 U) ENVIRONMENTAL PERMITTING SUPPORT U) Post Design General: The CONSULTANT shall provide post design environmental and 0 permitting support services. These services include coordination with environmental regulatory agencies, which have issued permits and authorizations for the project; CL coordination with the project design team, CEI, and Monroe County for review of Requests for Information (RFI's), questions, or construction methods to ensure compliance with permits and authorizations issued for the project. The Florida Keys National Marine Sanctuary (FKNMS) has required pre-and post-construction surveys of submerged resources (stony corals) within the project right of way (ROW). KCA will E M perform and prepare documentation for submerged resource surveys as required by the U FKNMS. GEOTECHNICAL SUPPORT U) M Post Design General: The CONSULTANT through our sub-consultant Tierra SF, shall `1" provide additional services for the time necessary to review and approve all geotechnical related shop drawings and Requests for Information (RFI's) in accordance with the construction documentation and accepted design criteria established during project development. The review of pile load test results and site meetings will also be provided upon request. U EXISTING SCOPE AND AMENDMENTS All other tasks and scope are and will remain in effect for the project duration under the current Agreement as well as contract language not modified or mentioned in this amendment. E c� 2 December 22,2022 Packet Pg. 933 C.21.a FEE SUMMARY SHEET Seaview Drive - Post Design Services KCA FEE Project Management/Structures Support $100,588.00 Roadway/MOT/Drainage Support $16,030.00 Environmental Permitting Support $15,504.00 U U) TOTAL $132,122.00 U) 0 CL SUBCONSULTANT FEE E Geotechnical Support-Tierra SF $6,800.00 TOTAL $6,800.00 U TOTAL DESIGN FEE M N TOTAL DESIGN FEE $138,922.00 ESTIMATED EXPENSES Project Manager(Kick-off, Progress Meetings, Site Visit) $3,800.00 Structures/Roadway/MOT $3,200.00 Environmental $1,600.00 E TOTAL EXPENSES $8,600.00 E c� Packet Pg. 934 C.21.a v °J o a o rn o o rn rn o 0 rl ci rl N N T N N N N N N > K Q � m O O O O O p N C N Q W 00 m ti m of m o 8UpC)e Q 2 H n (fl O ppypp O .� tD 01 O tD W U) Q U) O 0 N N pC aw u Q a in a a m o o u U z N c H m o 0 0 0 0 0 Q a W � O w ❑ � C::a o o � a, w .ocn W a W ff3 N N u z z O N CD z vaip l7 z c C::) o o N o g `oo N Q N W N N a u H � O U) C LL1 (fx N N z (� O CD O O ❑ N ff3 v U m N O� ry N M M M N a a a C ff3 M M N N p� W O (' O O O O � V V 0 1 E m 1 = LL on= . v - N vsi 2 7 Q o] V ❑ w 010101011 Packet Pg. 935 C.21.a v v _ Y o� oo � � > otiti rl N N it N N N N > K Q � T _ m ❑ O O O O W O O O V M Q N N N N m N Q N N Q H n (fl O ppypp p = a+ C rl N Q w ypqqpq T bd® N tlpy�ppp N C.,p CD U) N N p0q — CL ) � H 0 p Ul O �pCe o 0 0 0 0 0 0 H O � a U T O c a � o � j r m o 0 p q '❑ � '� ff3 m�e O y a W w O ❑ C::a WO 2 psi IA W Ocn d W R N N N °J O Q CD CD N H U N � H a 2 :a d o m o 0 0 0 0 O� o O o w voi voi in O cp w 51 a � Q) O ) O O m N �W fR N N pp qq � V K N 3 a C::a O o N U U CD m O O d� n p� W O (' O O v 6.0 j O V O a E 0 v`O o O 6 V V v a/1 LL — — — — tL K Q o] V ❑ H H H H Packet Pg. 936 C.21.a v v _ Y o000 � � ❑ N N N N > K Q O T _ m ❑ O O a a N a a O T Q N N N Q N N �pppp to W Q .2 H m0 ppypp o :> o a a o U) Q yip N U) OCDO O — (n r O O O O O O O 0 C N N ~ aw N O co a N (n N O N N N W Vl W Vl E l7 N � ti ti a v a c o Z ffx m�e m Z a W O � O w ❑ r::a N N w N OZ C14 Z ~ a N O C� ❑ N a a c n o 0 0 0 0 0 0 0 ppCCee W H vi Z � � O W N co w N N O w N N m C::a O O N � U E d� n p� W a O u O O v N O V O j O V O a 0 E 0 v v 0 c° v v v > w - O 6 V V v .. — — — — L K Q o] V ❑ 0. 0. 0. H Packet Pg. 937 C.21.a v Y ono v � ❑ titi it N N N K Q � m ❑ O O Z O O V O K a 0 O W W Q N N N Q N N a 2 H o ._ .>_ o c c U) x � Q � L59 U) IF w o 0 co CD o 0 0 0 � o o U) 0 o 0 CIL N — U) 0 t" O Ae O O co K N N O � � a U s v � o v � Q N l7 u � Z — CD o 0 0 0 0 0 0 oW C ff3 N N � m a l7 Qa W w � > ❑ N W O r::a o o �9 N W .o c CD O O O O o 0 0 d W ffx N N .U) A NJ ❑ O H d QA O O O O O a ppCCee W u o U 5 � wo fL N d W ff3 N N ❑ m�e ) m �Aee N �W ff3 N N W E a r:::i o0 00 0 0 c p� d W N N o (' 0 o v a � s a j O V O a E 0 v`O ocn o 0 m= v v o 6 O�N N V V VI K d Q o] V H H H H Packet Pg. 938 C.21.b TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO & ASSOCIATES, CORP. FOR SEAVIEW DRIVE BRIDGE REPLACEMENT PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 17th day of January, 2018 between Monroe County hereinafter referred to as the "County" and Kisinger Campo & Associates, Corp., hereinafter referred to as "Consultant" where professional services are allowed if construction costs do not exceed $4,000,000 in accordance with F.S. 287.055 (as amended per Chapter 2020-127). U) 0 All terms and conditions of the referenced Contract for On Call Professional Engineering Services . 2.1 apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will 0 be specifically referenced in this Task Order and the modification shall be precisely described. U) This Task Order is effective on the 19th Day of August 2020 and shall expire 60 days after construction is complete. U) 0 Article II Scope of Basic Services, Paragraph 2.1 is amended as follows: The scope of services for the Seaview Drive Bridge Replacement Project (Bridge #904606) will include delivering construction plans and specifications, permitting and support during the bidding of the project required for the replacement of the Seaview Drive Bridge and associated roadway reconstruction. U The Design for Construction shall include, but shall not necessarily be limited to, plans and Q specifications which describe all systems, elements, details, components, materials, equipment, N and other information necessary for construction. The Design for Construction shall be accurate, `� 00 coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by -119 the County. The Consultant shall furnish to the County, upon project completion, the following: U • 1 set of 11" x 17" signed and sealed Record Drawings in CADD and PDF format. • 1 set of final documentation including updated design calculations in PDF format. • 1 set of final CADD and PDF files delivered electronically. 4i The Consultant's Engineer of Record in responsible charge of the project's design shall professional endorse (signed and sealed and certified) the records prints, the special provisions and all reference and support documents. Details of the scope of services are outlined below. 1.0 DESIGN DEVELOPMENT 1.1 The Engineer shall prepare a Design Development Letter Report for the County's approval. The Design Development Report shall consist of a written document that establishes and describes the size and character of the proposed bridge replacement, materials and such other elements as may be appropriate. The report will contain a conceptual cost estimate. Seaview Drive Bridge Replacement Task Order Kisinger Campo&Associates,Corp. 8/19/2020 Page 1 of 7 Packet Pg. 939 C.21.b 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project, the Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the most current version of the following: 1. Florida Department of Transportation Design Manual. 2. Florida Department of Transportation Design Standards 3. Florida Department of Transportation Surveying Procedure U) a 4. Florida Department of Transportation Drainage Manual U' 5. Florida Department of Transportation Soils and Foundations Handbook 0 0. 6. Florida Department of Transportation Structures Manual (625-020-018) including Temporary Design Bulletins 7. Manual of Uniform Traffic Control Devices (MUTCD). E 8. American Disabilities Act 9. Florida Department of Transportation Pavement Coring and Evaluation U Procedure 10. Florida Department of Transportation Flexible Pavement Design Manual N C� 00 11. Florida Department of Transportation Rigid Pavement Design Manual 12. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications -119 U) M 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways U 14. Florida Statutes 15. Florida's Bicycle Facilities Planning and Design Handbook. X 16. AASHTO Guide for the Development of Bicycle Facilities 17. Florida's Quality/Level of Service Handbook for Planning c� 18. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5 AASHTO Bookstore). 19. The Highway Capacity Manual (Transportation Research Board) 20. FDOT Standard Specifications for Road and Bridge Construction (with supplemental specifications). 21. Facilities Design Manual (Topic No. 625-020-016-a) SeaviewDrive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 8/19/2020 Page 2 of 7 Packet Pg. 940 C.21.b 22. AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications 23. Right of Way Mapping Procedure (Topic No. 550-030-015-e) 24. Project Development and Environmental Manual Parts 1 and 2 (Topic No. 650- 000-001). Where FDOT design standards cannot be met the Consultant will request a design variance or exception. 2.2. The Consultant shall provide Drawings and applicable Technical Special Provisions to the County for the County's review (the Florida Department of Transportation Standard Specifications will be incorporated by reference) at the 30%, 60%, 90% and 100% stages of the project. The Consultant shall respond to questions resulting from County review and incorporate any required revisions to the construction drawings and specifications. Design calculations package will be submitted with the 100% phase construction drawings. U) 2.3 The Consultant will provide a construction cost estimate and a project schedule at each 0. phase submittal. 2.4 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 5 sets of Construction Documents that have been signed and E sealed by the Consultant. The Consultant shall also provide an electronic version of the construction documents. U 2.5 The Consultant shall assist the County in the preparation of the necessary bidding N information for the production of bidding forms, the Conditions of the Contracts, and the forms of C� Agreements between the County and the Contractors by providing supporting information as to00 the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. -119 U) 2.6 The Consultant's construction documents (plans, specifications, etc.) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.7 The Consultant shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Consultant shall file (through the County) the necessary documents to obtain Environmental Resource Permits and all other permits required for construction. The County shall be responsible for the timely submittal of all permit application fees. SeaviewDrive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 8/19/2020 Page 3 of 7 Packet Pg. 941 C.21.b 2.8 As needed by the County, the Consultant will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans —This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail c� sheets, General Notes, Environmental Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Design Manual. U) 3.2 Specifications —specifications will conform to the most recent version of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction or the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for 0. Streets and Highways (Florida Greenbook). Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. E 3.3 Schedules — Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the U Construction Documents. N 4.0 CONSTRUCTION COST Q 00 I_ Contemporaneously with the submission of each phase of the Design, the Consultant shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Engineer -119 U) to reflect any increase or decrease in anticipated price resulting from a change in Design. 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Consultant and the subconsultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.0 CONSTRUCTION PHASE The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. The Consultant must reimburse the County for any "added costs" paid by the County for additional construction costs that were incurred as a direct result of any error, omission, SeaviewDrive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 8/19/2020 Page 4 of 7 Packet Pg. 942 C.21.b deficiency, or conflict in the work product of the Consultant, its consultants, or both. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency, or conflict in the work project. The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the project or would have been incurred had no error, omission, or deficiency occurred, and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of documentation or physical inspection of the site by the Consultant. 2 REMAINDER OF PAGE LEFT BLANK U) C 2M U) 0 U) 0 0. V- E M U N C� 00 -119 U) M U c� x E c� SeaviewDrive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 8/19/2020 Page 5 of 7 Packet Pg. 943 C.21.b Article VII Compensation, Paragraph 7.1 is amended to read: The Consultant shall be paid monthly. The total Not To Exceed lump sum fee of$625,839.25, in accordance with the rates in the On Call Agreement, plus estimated expenses of $14,700.00 (actual itemized amount) will apply and is estimated as follows: KCA F E E Project Management $31,634.90 Public Involvement $25,883.10 Roadway/Maintenance of Traffic $58,629.00 Signing and Pavement Marking $10,124.00 Drainage $18,495.00 U) C Structures $318,784.00 Environmental Permitting $40,633.00 TOTAL $504,183.00 0 SUBCONSULTANT FEE Coastal Engineering - Intera $34,656.80 Utility Coordination -Kieth and Associates $11,980.00 Survey/SUE - Keith and Associates $31,145.00 Geotech -Tierra South Florida $41,199.45 Lead/Asbestos Survey - Interek $2,675.00 TOTAL $121,656.25 N C� 00 TOTAL DESIGN FEE TOTAL DESIGN FEE $625,839.25 -119 U) ESTIMATED EXPENSES U Project Manager (County Meetings, Coordination, Etc.) $3,200.00 Roadway $800.00 Structures $800.00 Drainage $800.00 Environmental $1,400.00 Coastal Engineering —Intera $800.00 E Survey/SUE - Keith and Associates $2,400.00 Geotech -Tierra South Florida $4,500.00 TOTAL EXPENSES $14,700.00 Article VII Compensation, Paragraph 7.1.2 The individual itemized task amounts are estimates and may be adjusted as needed as long as the Total Contract Amount of$640,539.25 is not exceeded. SeaviewDrive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 8/19/2020 Page 6 of 7 Packet Pg. 944 C.21.b WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Kisinger Campo &Associates, Corp Witness f� 7131120 --. �AR,l i�111M Lr`M1 7131120 cry Signature Date Signature Date Cresident 1 CEO w g' O {$EAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, C x OF MONROE CO NTY, FLORIDA E �... By: �'►"'' by. OZ As Deputy Clerk Mayor hair Date: c14 44, MONkOE COUNTY AT RNEY C° e�1PPR QASTO[�I� 00 a 66 ti 6.,f f--f`>~.poet�t CHRISTME LIIN -BARROWS ASSISTANT COLiHTY A�TQRNEY PATE._ 7I3�I�._ U) YT O ti N co d Sex view DriYc Bridge[replacement Task Order Kisigner Campo&Amciat Carp. 9/19/2020 Page 7 of 7 Packet Pg. 945 04/06/20201.b �►��o® CERTIFICATE OF LIABILITY INSURANCE ;704/ l F THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Vicky Van Wormer NAME: Brown&Brown of Florida,Inc. a//CNr o Ext: (727)461-6044 (a/c,No): (727)442-4695 Pinellas Division E-MAIL vvanwormer@bbpinellas.com ADDRESS: 83 Park Place Blvd,Suite 101 INSURER(S)AFFORDING COVERAGE NAIC# Clearwater FL 33759 INSURERA: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: The Travelers Indemnity Company of America 25666 Kisinger Campo&Associates,Inc.,KCCS,Inc. INSURER C: Travelers Property Casualty Company of America 25674 0 Campo&Associates,PLLC Travelers Casualtyand Surety Company 19038 .0 p INSURER D: y p y 201 N.Franklin Street,Ste.400 INSURER E: Admiral Insurance Company 2.1 U) Tampa FL 33602 INSURER F: 9= COVERAGES CERTIFICATE NUMBER: CL2022177433 REVISION NUMBER: 29 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, U) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O INSR AUUL 5UbK POLICY EFF POLICY EXP CL LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MWDD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAG TO RENTErrenceD $ 300,000 CLAIMS-MADE X OCCUR PREMISES Ea occu X Contractual Liab MED EXP(Any one person) $ 10,000 A X XCU Included Y 6308254A604 10/01/2019 10/01/2020 PERSONAL&ADV INJURY $ 1,000,000 RTHER AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 M OLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accidentCD X ANYAUTO BODILY INJURY(Per person) $ N CD B OWNED SCHEDULED y 8105N338364 10/01/2019 10/01/2020 BODILY INJURY(Per accident) $ C' AUTOS ONLY AUTOS 00 X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X PIP$10,000 $ X UMBRELLA LABX OCCUR EACH OCCURRENCE $ 4,000,000 C EXCESS LIAB CLAIMS-MADE Y CUP7J748484 10/01/2019 10/01/2020 AGGREGATE $ 4,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION X STER I ATUTE X EORH AND EMPLOYERS'LIABILITY Y/N I) ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 D OFFICER/MEMBER EXCLUDED? N/A UB7J070308 10/03/2019 10/03/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 Per Claim 5,000,000 O Professional Liabiltiy E Claims Made Retro Date 11/2/2014 E000002720506 11/02/2019 10/01/2020 Aggregate 5,000,000 Deductible 250,000 , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate holder is an additional insured with respect to general liability,auto liability and umbrella liability.Endorsements available upon request.Waiver of Subrogation applies to general liability and workers compensation&employers liability.Explosion,Collapse&Underground hazard included in CGL. cy )"SK ,. 4/8 2020 ®d CERTIFICATE HOLDER WAAW WkXylft�— CELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners(BOCC) ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 946 C.21.b AGENCY CUSTOMER ID: 00217417 LOC#: AC"J?"� ADDITIONAL REMARKS SCHEDULE Page of ter- — AGENCY NAMED INSURED Brown&Brown of Florida,Inc. Kisinger Campo&Associates,Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes U) Certificate holder will be given 60 day notification of cancellation,except 10 days for non payment of premium. C5 KCA Project 1201757.00 U) a P U) U) O CL E E U CN C° 00 -119 U) U C5 X E C5 ACORD 101 (2008/01) © 2008 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 947 C.21.c AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ("Agreement") made and entered into this t I flay of 11C�+ , 20 by and between Monroe County, a political subdivision of the State of Florida, hose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Kisinger Campo & Associates, Corp. a corporation of the State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa, Florida 33602 its successors and U) assigns, hereinafter referred to as"CONSULTANT", or"CONTRACTOR". WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida; and E WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous U projects in which construction costs do not exceed $2,000,000.00, for study activity if the fee �e for professional services for each individual study under the contract does not exceed 00 $200,000.00. The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four (4) years thereafter, with options for the County to renew for one additional 1 year period. Specific services will be performed pursuant to individual Task Orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of c work, time schedule, charges and payment conditions, and additional terms and conditions c that are applicable to such Task Orders. M U 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. U) 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, E 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- Packet Pg. 948 C.21.c FORM OF AGREEMENT ARTICLE 1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: c� 1.1 The CONSULTANT shall maintain all necessary licenses, permits or other 2.1 authorizations necessary to act as CONSULTANT for the Project until the U) CONSULTANT'S duties hereunder have been fully satisfied. U) 1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. U) 0. 1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents. �e 00 1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to its performance and those directly under its employ. V- 1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach 0. of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. c, 1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. c� 1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. 2- Packet Pg. 949 C.21.c ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2 2.1 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES U) C The CONSULTANT shall, without additional compensation, promptly correct any errors, 0 omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 0 0. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the E appropriate party by certified mail, return receipt requested, to the following: c, For the County: �e 00 Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 0 1100 Simonton Street, Room 2-205 0 Key West, Florida 33040 0. E M For the Consultant: Mr. Jason LaBarbera, P.E. 201 N. Franklin Street, Suite 400 Tampa, Florida 33602 E 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 3- Packet Pg. 950 C.21.c respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and maps. 2.1 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to U, avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. U) 0 0. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. M 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of � the CONSULTANT'S services and work of the contractors. 00 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. c� 4.6 The COUNTY shall provide copies of necessary documents required to complete the c work. 0. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY c) has immediate access to will be provided as requested. ARTICLE V A INDEMNIFICATION AND HOLD HARMLESS E 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, 4- Packet Pg. 951 C.21.c reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT will hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. U) 0 0. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI � PERSONNEL 00 0 6.1 PERSONNEL c� 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: 0 NAME FUNCTION 0 CL Jason LaBarbera, P.E. Project Manager cu Dave Thompson, P.E. Chief Engineer Deborah Hernandez-Cedeno P.E. Project Engineer Tara Spieler, P.E. Senior Engineer Carlos Layrisse, P.E. Senior Project Engineer Patrick Mulhearn Project Engineer Robert Whitman Chief Scientist So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. 5- Packet Pg. 952 C.21.c ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 2 7.2 PAYMENTS U) a 7.2.1 For its assumption and performances of the duties, obligations, and responsibilities 0 set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. 0 0. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially IZ changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; E (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by L) the COUNTY, a proper invoice to COUNTY requesting payment for services 00 properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 0 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the 0 interest of the project: 0. E M 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 A Statutes; and 2 b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; and c. Postage and handling of reports. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 6- Packet Pg. 953 C.21.c 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 0 0. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best IZ rating of VI or better, that is licensed to business in the State of Florida, and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer E acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. U 8.3 CONSULTANT shall obtain and maintain the following policies: �e 00 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute, Chapter 440. c� B. Employers Liability Insurance with limits of One Million Dollars ($1,000,000.00) per Accident, One Million Dollars ($1,000,000.00) Disease, policy limits, One �- Million Dollars ($1,000,000.00) Disease each employee. 0 C. Comprehensive business automobile and vehicle liability insurance covering 0 claims for injuries to members of the public and/or damages to property of others 0. arising from use of motor vehicles, including onsite and offsite operations, and tM owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000.00) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48) months following the termination or expiration of this contract. 7- Packet Pg. 954 C.21.c E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least 2.1 to the limits prescribed above, and to any increased limits of CONSULTANT if so 0 required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. U) H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy U) of all insurance policies including those naming the COUNTY as an additional 0. insured. The COUNTY reserves the right to require a certified copy of suchIt- policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. U 00 ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this c Agreement and will not be used in the interpretation of any provision of this 0. Agreement. E M U 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. E 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal 8- Packet Pg. 955 C.21.c representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION c� A. In the event that the CONSULTANT shall be found to be negligent in any aspect 2.1 of service, the COUNTY shall have the right to terminate this agreement after U) five (5) days' written notification to the CONSULTANT. U) B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 0. 9.6 CONTRACT DOCUMENTS This Agreement consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and U attachments A, B, and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, 00 the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES X A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or 0. perform work as a contractor, supplier, subcontractor, or consultant under a contract E with any public entity, and may not transact business with any public entity in excess U of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CON USULTANT has been placed on the convicted vendor list. 9- Packet Pg. 956 C.21.c 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 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 (5) years from the termination of this Agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the 0. CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. E 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of U the State of Florida applicable to contracts made and to be performed entirely in the 00 State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. c 0 0. 9.10 SEVERABILITY M 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, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 10- Packet Pg. 957 C.21.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 enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. U) 0 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 0. 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 E and corporate action, as required by law. E 9.14 CLAIMS FOR FEDERAL OR STATE AID c, CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply 00 for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. c� 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 c each of the parties. If the issue or issues are still not resolved to the satisfaction of 0 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 tM arbitration. The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 9.16 COOPERATION �E c� In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 11- Packet Pg. 958 C.21.c 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI1 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age ' Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug 0. 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 E Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) E Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with U Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to 00 time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, T- T- sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. c� 9.18 COVENANT OF NO INTEREST 0 0 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 tM performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee 12- Packet Pg. 959 C.21.c 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 and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. 2 2.1 Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of C article I of the Constitution of Florida. The County and Contractor shall allow and LM 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 0. County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide E 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 L) termination or expiration of the contract. 00 The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Florida Statutes,Section 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied c within a reasonable time at a cost that does not exceed the cost provided in this c chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from c) public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the 13- Packet Pg. 960 C.21.c requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. 2 The Contractor 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. U) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN( ,MONROECOUNTY- U FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12Tx �e 00 Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY X 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 I immunity to the extent of liability coverage, nor shall any contract entered into by the 0. COUNTY be required to contain any provision for waiver. M c) 9.23 PRIVILEGES AND IMMUNITIES A All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of 14- Packet Pg. 961 C.21.c actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 0. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other L) factual unit costs supporting the compensation pursuant to the Agreement are 00 accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY 0 No covenant or agreement contained herein shall be deemed to be a covenant or c 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 tM 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 E shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 15- Packet Pg. 962 C.21.c 9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a ' week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage 0. determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor E 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 U repair of public work, to give up any part of the compensation to which he or she is 00 otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.gpo.gov/davisbacon/fI.htmI under Monroe County. c� 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). tM Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or E mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding 16- Packet Pg. 963 C.21.c agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended, Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). C 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award 0 U) (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 0. 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under E statutory or regulatory authority other than Executive Order 12549. E 9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies U to the tier above that it will not and has not used Federal appropriated funds to pay 00 any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 0 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. 0. E M Other Federal Requirements: U 9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the 17- Packet Pg. 964 C.21.c CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 The Consultant and sub cosultants shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract c� to likewise utilize the U.S. Department of Homeland Security's E-Verify system to 2.1 verify the employment eligibility of all new employees hired by the subconsultant U) during the Contract term. U) 9.31 The Appendices I, A and E of the FOOT Standard Professional Services Agreement are attached hereto as Attachment B and the Certification for Disclosure of U) Lobbying Activities on Federal Aid Contracts, the Certification Regarding 0. Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts, and the Conflict of Interest/Confidentiality Certification are attached hereto as Attachment C and all made a part hereof. E T WHEREOF, each party has caused this Agreement to be executed by its duly presentative on the day and year first above written. co w a T— BOARD OF COUNTY COMMISSIONERS Est: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA c� 0 B , 1 By: Deputy Clerk Mayor/Chairman tM _� ��.�, �r R�E�As Tea Dater � � , .�, MONROE COUNTY ATTORNEYS� OFFICE PATRICIA EASLES AWSTANT COU TY ATTORNEY DATE. E (Seal) CONSULTANT Attest: KISINGER CAMPO $ASSOC. CORP. B"y: By: o roald �G*" Paul G.Foley,P E'. Title: Senior e resident/CFO Title: President END OF AGREEMENT 1�- Packet Pg. 965 ATTACHMENT A CONSULTANT RATES .2 U) U) U) 0 E E u �e co 0 0 0. E m u 19- Packet Pg. 966 C.21.c S ' CAMPO f,,,. S S 0 U, , 1 E R lMQNR ECOUNTY —ON-CALL ~ E IV IICE' HIS tURL ° B IL LIIIIi G RATE' SCHEDULE . . 2 Avea� .agile Houdy,IBilllliun Job Classificationt Irate liPrcjeat Mana er° 22 .00 U) 0 CL °h iet E n gmeer 270-00 ~ en r IIE gills eer 2„MI .:00 ~ en r IlProject Enggliine' r° Project En guuheer° ml 7 : 0 � IEn irn�e'�er "I� g_ I� � 00 Eing irnee in g Iliintern ml g:00 e i gur er l°ml I�.Go °ADDICom uter Tecllhnicliiian I : L x °hiet cierfist, 228.00 c� ~ en r Sciientist MI 7:00 0 EinvironnaenU Specii,al,ist 9 : 0 0. IIII S S,pe i a is t g' :00 cm 'erti raedl Biriii d e Inspector B I) 135..00 Erh dirge. Illi ctcr"T'ec h iiir icliii an 9,0:ILL ~ e ret"a>r , l ier"iiiii calllll 7 3-00 E c� ( 1h T4 r4m umdadi,iWaIF &6IRld ha, W.A ohmn.11- omr, m C� 2jr,FaIh,4 Nklm,. mw1ml 6,34-fiNk=wxrl Vwo 014wm-,I"Ig6i m i nd,1' 20- Packet Pg. 967 C.21.c m o C ^+emu IIIIROE COUNTY - ON-CALL, SERVICES, IHI uURILY IIIILLIIN RATE SCHEDULE 2 2 '11 U) ve aghe IHIomirlll U) Job Ilassiflil a�tl n, Billing Rate* U) 0 r CEI - Senior Project Einguineelr 20 .0 CEI - Project Adminisirstor .00 E CEI - Contract, Support pecialllii t105.100 � 00 CEI - Senior Ilnspec or 99.100 c� CEI - Inspector 4.0 c� CEI - ecretalry/ lerlical E .1010 0 r E 'Plug'ase mcie: m f Nr Bill1lirg Rates mallude s iVary,cvn•&HPA ard fixed fee Zir Bill1lirg Rates of ccWe fl o 4-,ypar r ,nlmmract term md I-Year remewall,if oe extie sf,,"arr runoff!is,exerrrse . A E 21- Packet Pg. 968 INTERA Illnrorlporale5 pw 2�14 SW 4Gth Terrace,Sixile AI NTERA GIrinfesville,I USA 32605 11 3 I I Q!D L,�Cii�C L & I P,,�G I',,l� C.'.L, ,4 L)11 ul Ul 52.332 2321I December 18,2017 Jason LaBarbera,PE SeniIor StrUCtUires Engineer qs K isinger Campa&Associates 201 IN. Frainklin St.,Suite 4100 Tampa, FIL 33602' RE-. Monroe COLIII-On-Call IPrafe^ssionall Enginjeeding Services U) 0 Dear IMr.LaBarbera, Enclosed are the fUII'Y burdened rates for 111151TEIRA I nicorporated personnel.The!se,rates reflect FDOT 8Ljdite!cl MILIltilp'liers for the!mIost irecent year. E Staff Categor-y Burdened R;ates Chief Eingllneeu 213.55 E En iiineerin IlInterrn, 90.36 Englineering Technician 81.84 U Principal Einglineeu 193.55 Puoject Enigneer 130.27 00 SecretarWiCleil'icall 59,73 Seim or IEngineeu a15.60 Seim for PinDject.IEnglineeu 143.22 tj as BackUp for these vallUes can,be,SLIPPfield ILI pon request.I cm nt�act me!if YOU have any questions or WiSh to CliISCILISS. Sincerely, 0 0 INTERA Incorporated Cl E U Mairk Gosseliin, Ph.D.,I Director 22- Packet Pg. 969 C.21.c JANUS RESEARCH CH RATE SHEET � � i /7 ��Monroe��um ��amadlProfessional+�nai Engi��im� �em�i � r Dec ens er 119,20117 POSITION RATIE C5 Fro'ect Manager 150,00 � Fn nci aI lirrvestqatcr 111c--Eo t) Ihhliterlurall Histala an 118 Go HlsirricaV Technician Bf,00 L3 G-raphics s -41ist 51-I00 C;orfilPL]tef 31peCi3liSt. 55 DO 0 R rine l 45,.,GO_ E E u 00 x U 0 0 CL E m u �9 A E U 23- Packet Pg. 970 C.21.c : ,PROFESSIONAL SERV110E,FEE SCHIEDULE Category Hourly Rate °GYa 70 I rirmclpulll 190.00 2 72 Expert Witaoit:s TostwrttaranyM $250.00 75 IM»rModellll SMae dallli:St 100.00 r) 76I IM/,Cllll 'M b«rM dcrler $y150.00 7 rr 6IS Spa ciallst $100.00 78(Project Surveyor 95.00 79 Serllillor(Project Srurvilevee. U) 0 CL 80lPru"fessi mrmal S,,Ulvtw^yuir&Maipp'em (I>SIM�j $120.00 81 Sryurvcuy Mau ty(2)IPeron 11u.rMrU 82 Survey Pairty(3) Pen on 13,0.00 83 Suivaey Laser Scarinmiir9 250.00 90 uUtil'ity c i cm supervisor $�80.00 91 uUtmli'Cy"Loclmrwmclura $70.0CM � 92 Utility Rroject IM» Manger° 100.00 u 93 Utility F'i°coject ILrmgMrreer' $$13;0.00 �e 96 VUtullity CMemtl iriatini /GFR $200.00 97 Vaciuiu m Em av ation,Test IHole(Pei sous SurfacO U,SU.OQ/Cache � 98 Vacuuram Lrmcavation,Test IHole(Irnipervious SurlraLe) 450 CMU/EKhi m x 0 m 0 CL E m u A E 24- Packet Pg. 971 TIERRA SCUTH FLORIDA, NO UNIT IFFSE SCHEDULE AIFIIELID AND LABORATORY 7BOTING GSRVICIESI� unill 0:zf`unills 'Alt PlIce Total FIELD 1INVFSTIGA71ON MiDbIlIZ311lon of Men and EqMlpnnFnt Trucl-Micunled EquIpment EacM 0 5 3,50.0r, T' 0.0 r, Speollalind A7JlMuJbug EacM 0 5 700.0r, T, 0.0 r, Supporl VeNtle B3CM 0 5 V50.0u, 0.0 S, Barge-Mourled Egpipment IDay 0 5 5z"00 00 0.0 r, rrare Renlm Hour 0 s 200.E 0.0 S, frash AV.Enuar T rick Hisur 0 5 vmor, 0.0 r, ) Barge MiDbIlIzallan ILS 0 5 1 Dorn 00 0.0 r, Supporl 1503rL IDay 0 5 0.0 rd, ,'Dpen;rll,2,se,Guwd IRaIII EacA 0 5 550.0r, 0.0 r, U) Standard Penetration 7es9 15orngfi �By Trucl-Mounled Equllpmerl Lanil 0-50 r,dPplMi L.IF 0 5 14.E EA3-I Or,r,depth IL.F 0 5 16.0r, 0.0 r, V00-15a,R Mepth L.IF 0 s 24.0S, § 0.0 S, U) Standard Penetration 7es9 15orngfi 0 �15y ATWMuJbLg) Lan,T 0-50 r,deplMi L.IF 0 5 1 S.Or, 0.0 r, 50-I Ou,r,depth IL.F o s 18.Ou, 0.0 S, V00-I SZ,Tt Mepth IL.IF 0 5 30.0r, 0.0 r, E Standard Penetration 7es9 i5orngfi d&y CME 8K p7ralci:-Mlofjrledl-I Lan,T 0-50 IF depl% L.IF 0 5 17.OT, 0.0 T" 53-I Or,r,depth IL.F 0 5 19.Or, 0.0 r, E V00-I EZ,Tt Mepth L.IF 0 s 32.0Z, 0.0al Standard Penetration 7es9 15orngfi U �&y 53Fge-MOUrled EqUIPMEN) � Lan 0-90 r,deplMi L.IF 0 5 20.0r, 0.0 r, 00 EA3-I 0a,r,depth IL.F 0 s 27.0Z, 0.0al V00-I SZ,Tt depth IL.IF o 5 50.0r, 0.1r Grnlut-SezJ,EorElolles ABy Trucl-MounlEd Equllpmerl) Lan,T 0-50 IF depl% L.IF 0 s F. G.0 S, 53-I Or,r,depth IL.F 0 5 8.0 r, 0.1r V 0 0-I SS,ft d�--p1h IL.IF 0 s 9.5D, 0.0 S, ds Grolut-Sezl,EorEMolles G15y ATV(AlUJbUg) Lan,T 0-50 r,deplMi IL.IF 0 5 7.25 0.0 r, EA3-I 0a,r,depth IL.F 0 s 8.25 0.0al 0 V00-I SZ,Tt Mepth IL.IF 0 5 10.Or, 0.0 r, I 0 Grnlut-Sep,EorEMolles Cl 9&y CME 8K�Tralci:-Mlofjrledl�;I E Lan,T 0-50 IF deplM L.IF 0 s 8.25 G.0 S, U 53-I Or,r,depth IL.F 0 5 9.5a, 0.0 r, Grolut-Sezl,EorEMolles (By Barge-Mourled Equllpmlerl) A Laml 0-90 r,deplMi IL.IF 0 5 9.0 r, T' 0.0 r, �e EA3-I 0a,r,depth IL.F 0 s 10.5a, y 0.0al V00-I SZ,Tt Mepth IL.IF 0 5 16.0r, 0.1r E Page,f zf 3 25- Packet Pg. 972 711EIRRASOUTH IFLORAIDA,INC, UNIT FSE SCHEDULE„IFIIELIDAINID LABORATORY 7ES71ING SFEIRVV--EsR faEM"19 Allowance ,1,5y 7rUCA-MiDur'list EquIpmerl'i Laril 0-50 r,deplM, LIF 0 5 8. AEI OLD F,A3-I op,n depth LIF 0 5 S.75 T, 0.0p, VQD-l5a,R depth LIF 0 5 11.5r, $ rma ing Allowance iB Lanil 0-50 r,deplM LIF 0 5 9.75 $ OLD EA3-I op,r,depth LIF 0 5 13.25 D.DP" VOO-155 Tt depth LIF 0 5 16.55 D.DP" ap U) CaVling Allilowarize (Ey CNIFE 85r,17ra,A-Mlofjrledl-) Lanil 0-50 r,dep"Mi LIF 0 5 12.0r, E L. U) 50-I op,r,clepth LIF 0 5 14.K OLD V00-I SS ft depth LIF 0 5 15.5E 0.0p, U) faVing Allaw"arcre 0 CL (By Lanil 0-190 rl depl% LIF o 5 13.5a 5 D.DP" c SO-I DZ r,depth LIF 0 5 16.5a V00-I ED Tt depth LIF 0 5 18.75 D.DP" E Rack Corling(GlrvMurEsl,, oSy 7rucl-Allourled Equllpmerlb qp r,-143"1 6pep IL.F 0 5 68.5a 5 0.0f, E IN-I M,r,deep LIF 0 5 32.5r, m Rock Corling i0lrvMurssl, U �&y A7VRAudl:(ffug)i � r,-53 la deep IL.F 0 5 75.0r, 5 OLD F,A3-I of,n deep LIF 0 5 85.0r, 5 0.0f, 00 Rack Corling(Slrvrluresl, ABy CME 850 17rack-Vcurled)ll, r,-143 la leep IL.F 0 5 75.0r, 50-I op,r,deep LIF 0 5 35.0r, 5 OLD Rock Corling i3lrvMures, �By Bargle-Wourled Eqj1piTintl�, S-FA3 ft ste a IL.F 0 5 75.0f, E 0.0r, F,A3-I or"r,deep LIF 0 5 85.0r, 0.0f, V 0 0-I Sa"Tt deep LIF 0 5 95.0r, 0 Field IREIMeamlry Tests iElDrelIVe Perc) EacA 0 5 450.0r, 5 0.0f, I 0 Flagmen&Barr ioacips e,2 mari crew)i IDay 0 5 2�30.Drl &I OLD CL E Flaginnen&Barricades�2 mani crew)i 1`41qmt 0 5 1200 00 mU Florida Palrollmen A`Traffc CopIrcOr Hour 0 5 301.0jr, Sr.Eng.Tech 17ralne Ccritrali Hour 0 5 38.3r, 5 OLD U) Arrcjlw RETIZ'sign Ibay 0 5 vG6.6-; 5 0.0f, �e 4i Cars's SwIcsides, IDay 0 5 250.0f, 0.0r, Varable Vesfiage 150= IDay 0 5 175.0r, E A�ug+-r IBorngfi AFtoaftayF LIF 0 5 1 D.Sa 5 0.0f, Page 2 or 3 26- Packet Pg. 973 TIERRA SOUTH IFLGFUIDA,IINC UNIT IFEIE SCHEDULE�IFIIELID AIMID LAB0, IRA7CF.Y TESTING GEIRVICIEGF Ell In SpIllil,3poorl Samples Lan& O-Sr,ft dpiath E,3ch 0 s 4 2.OS T, O.Orl, F,A3-103 ft dep',Mi E,3CM 0 $1 -�8.or" T, O.Or" Hard Aduck ProteG i'2-mar cnwl, IDay 0 s MOM, &I O.Or" 2-linch Plezometer InVallatriDn L.IF 0 5 �S.ou, 0.01:11 Hour 0 5 20O.Or" O.Or" ID 0 1111 F.1g,Z C rElAa U) PlezroTleler Pernnilit E,3CM 0 5 70.0r, O.Or" Double Ring rlMTatllon 7es'. E,3CM 0 s KM U) C PzwernEnt.Cures,Ariphall Eacm 0 5 V05.0r, .2) U) ?3%-ernent Cores,Conlorele, E,3CM 0 5 v0s.or" LA BOR 4TOR Y TES MG U) 0 CIL Naturall MoIrsiure ContLnt 7EVE Eacm 0 5 1 D.or" Gr,30-0&ZFA,1311YSIIS-Fuft,Gradation E,3ch 0 S 65.0jr, Grin-Gle Anallysis-GMggle Lieve E,3CM 0 s o.o O.Op" E IlDrgarllc Content Teals E,3CM 0 5 5O.Or" T, O.Or" E Atluberg Limit 7eVs E,3CM 0 s 85.0z" &I O.Or" Frrvlrznmenlml 7EV E,ipH,SUIMNS, E,3cM 0 5 175.0Z, $ rn.ara U oMborlln.s,resIVIAN), � UIR WelgM 7"'PtL mnlrallon E,3cM 0 5 MOE, $ O.OZ 00 Racl ClonniplTesstion 7est E,3CM 0 5 v I O.Oz O.Or" Splllq 7enslan 7esf E,3CM o s V I O.Oz, LBF.7esl E,3CM 0 s 32D.OZ, Perm eablilly 7est-faling,Hi-ad E,3C#,l 0 5 2 75.0r, O.Or" Gr,aA-,1Yze*ih IHydromaler E,3CM 0 s t25.OZ, O.Or" Sannpce PrEparallon Hour 0 5 7S.OZ, 0 Mrect SMear SlTenglh 7est Q..V Point) E,3CM 0 5 300.0r, O.Or" 0 CL E M u PagE'3 cjl,,3 27- Packet Pg. 974 7 IIERRA LOUTIH F LOF.HaA,IINC UNIT FEIE SERVICES) UnIIII P:of urill* UnIt Price Total ENGINIEE RING400,01RDINATION pmnitIpal ErgIneer Hour 0 175 QD SenU jar ErgIreer Hour 0 1K Go IE nginieer Hour 0 12500 OLD LenOor TecMiliclan HiDur 0 7500 0.0z" .2 CAIDID Hour 0 7000 OLD U) Teo-jnlrlar Huyr 0 55 QD U) 0 CL E E u �e 00 0 0 CL E m u Page V Of 1 28- Packet Pg. 975 ATTACHMENT B APPENDICES: 1, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT .2 U) a U) U) 0 E E u �e co 0 0 0. E m u 29- Packet Pg. 976 LOCAL AGENCY PROGRA141 FEDERAL-AID TERAIS P5-040_84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGRAFNT U4115 Page I Dif 3 The following terms apply to all contracts in which it is indicated that the services involve the expenditure of feclerall funds: A. It is understood and agreed that allil rights of the Local Agency relating to inspection,review,approval, patents,copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United ) States of America. B. lit is understood and agreed that,in order to permit feclerall participation,no supplementall agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without thie approval of the U.S. Department of Transportation,anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations:relative to nondiscrimination in Federal ly-assisted programs of the U.S.Department of Transportation T11le 49,Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. U) 0 IM D. Nondiscrimination: The Consultant,withi regard to thie work performed during the contract,shall not discriminate on the basis of race,color,national origin,sex,age,disability,religion or family status in the selection and retention of subcontractors,including procurements of material)and Ileases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including E employment practices when the contract covers a program set forth in Appendix 6 of the Regulations. E. Sollicitations for Subcontracts, Including Procurements of Mlaterialls and Equipment: In all solicitations made by E the Consultant,eilther by competitive bidding or negotiation for work to be performed unider a subcontract, including procurements of materials and leases of equipment,each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and thie Regulations relative to L) nondiscrimination on the basis of race,collor,national origin,sex,age,disability,religion or family status. � 00 F. Information and Reports: The Consultant will provide all info mriation and reports required by the Regulations,or directives issued pursuant thereto,anid shall permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or Federal) Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations,orders and inistructions. Where any information required of the Consultant is in the eXCILMiVe possession of another fails or refuses to furnish this information,the Consultant shall so certify to the Local Agency,Florida Department of X Transportation,Federal i Administration, Federall Transit Administration, Federall Aviation Administration, and/or the Federall Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to obtain the information. G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination 0 provisions of this contract,the Local Agency shalll impose such contract sanctions as it or the Florida Department I of Transportation, Federall Transit Administration, Federall Aviation Administration,and/or Federal Motor Carrier 0 Safety Administration may determine to be appropriate,including,but not limited to, IM E M 11. withholding of payments to the Consultant Linder the contract until the Consultant compilies and/or L) 2. cancellation,termination or suspension of the contract,in whole or in part. H. incorporaticni or Provisions: The Consultant will include the provisions of Paragraph C through I in every subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations,order, or instructions issued pursuant thereto. The Consultant shal'ill take such action with respect to any subcontract or procurement as the Local Agency,Florida Department of Transportation, Federall Highway Administration,Federal Transit Administration, Federal Aviation Administration,and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions,including sanctions for noncompliance. In the event a Consultant becomes involved ini,or is threatened with,litigation withi a SiLibconSiLiltant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency,and,in addition,the Consultant may request the United States to enter into such litigation to protect the interests of the United States. I. Compliance with Nondiscrimination Statutes anid Authorities:Title VII of the Civil Rights Act of 1964(42 U.S.C.§2000d et secil 76 stat.252),(prohibits discrimination on the basis of race,color,national)origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601),(prohibits unfair treatment 30- 1 Packet Pg. 977 C.21.c LOCAL GENUS PROGR_,AA1 FEDERAL-AID TERMS 17'Q40 84 For PROFESSIONAL. SERVICES CONTRA CTSPRc�iRnnn�raNacEr04;15 G411� Page r M 3 of persons displaced or whose property has been acquired because of Federal or Federall-aid programs and projects)„ Federal-Acid(Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basics of sex);Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et sec.),as amended,(prohibits discrimination on the basks of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 61011 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U''SC§,471, Section 47123), as amended. (prohibits discrimination based on race,creed, color, national origin, or sex);The Civil Rights Restoration Act of 1987, (PL 160-209), (Broadened the scope,coverage and applicability of Title Vl of the Civi11 Rights Act of 11964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and U contractors, whether such programs or activities are Federal'illy funded or not); Tithes II' and III II of the Americans with 2.1 Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 121131 -- 1121189) as Implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federall Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohiibits discriimination on the basis of race, color„ nationiall origin, and sex); Executive Order 12898, Federall Actions to Address Enviironmentall Justice in Minority Populations and Low-(income Populations, which ensures non-discrimination against minority popullations by discouraging programs, policies, and activiitiies with disproportionately high and adverse human heallth or environmentall � effects on minority and Icw-Income populations. Executive Order 13166, (Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimiinatcn includes discrimination CL because of Illimited English proficiency(LEP). To ensure compliance with Title VII, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (76 Fed Reg. at 745187 to 74100) Title I'X of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seclj. J. interest of Members of Congress: No member of or delegate to the Congress of the United States willl be admitted to any share or part of this contract or to any benefit arising therefrom. K. interest of Public Officials: No member,offcer„or employee of the public body or of a local public body during his U tenure or for one year thereafter shallll have any interest,direct or indirect,in this contract or the proceeds thereof. U For purposes of this provision,public body shall include municipalities and other politicall subdivisions of States;and � public corporations„boards,and commissions established under the Ilaws,of any State. 00 L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following � statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsuulltant or contractor. The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race„color,nationall origin,or sex in the performance of this contract The contractor shallll carry out applicable requirements of 49 CFR Part 26 In the award and administration of DOT-assisted contracts F61lure by the Consultant to carry out these requirements its a material breach of this contract,which may result in termination of this contract or other such remedy as the recipient deems appropriate. c5 M. lit is mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any 0 facts rented to the project(s)described in this Agreement is a violation of the Federal Law. Accordingly, United I States Code,Title 18,Section 1020,its hereby incorporated by reference and made a part of this Agreement. 0 CL N. lit is understood and agreed that if the Consultant at any time(learns that the certification it provided the Local Agency in compliance with 49 CFR,Section 26.51,was erroneous when submitted or has become erroneous by U reason of changed circumstances,the Consultant shalll provide immediate wriitten notice to the Locall Agency.It is further agreed that the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary �y Excllusion-Lower Tiler Covered Transaction"as set forth in 49 CFR,Section 29.5110,shall be Included by the � Consultant in all(lower tier covered transactions and in alll',aforementioned federal regulation. �y O. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract,to 11. employ or retain,or agree to employ or retain,any firm or person,or 2. pay, or agree to pay,to any firm, person,or organization, any fee, contribution, donation,or consideration of any kiind; The Local Agency further acknowledges that this agreement wi111 be furnished to a federal agency, iin connection with this contract involving participation of Federall-Aid funds and is subject to applicable State and Federal Laws, 31- Packet Pg. 978 LOCAL AGENCY PROGRA1\1 FEDERAL-AID TERMS 375-040-84 ENT For PROFESSIONAL SERVICES CONTRAC PROGRAM MANAGEM TS 04115 Page 3 M 3 both criminal and civil. P. The Consultant hereby certifies that it has niot: 1. employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee working sollely for the above contractor)to solicit or secure this contract 2. agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any .2 firm or person in connection wilt,h carrying out this contract;or U) 3. paid,or agreed to pay,to any firmi,organization or person(othier than a bona fide employee working solelly for the above contractor)any fee contribution,donation,or consideration of any kind for,or in connection with, procuring or carrying out the contract. The consultant furthier acknowledges that this agreement willl be furnished to the Local Agency,the State of U) Florida Department of Transportation and a federal agency in connection with this contract involving participation 0 CL of Federall-Aid funds,and is Subject to applicable State and Federal'!Laws,both criminal and civil. E E U �e 00 X 0 0 CL E M U 32- Packet Pg. 979 APPENDICES A and E Revised O112015 During the performance of this contract, the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the"Contractor")agrees as follows: (1.)Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation U) (hereinafter, "USID07) Title 49, Code of Federal Regulations, Part 21, as they may be 0 amended from time to time, (hereinafter referred to as the Regulations), which are herein .2 incorporated by reference and made a part of this Agreement. U) (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin,, sex, age, disability, religion U) or family status in the selection and retention of subcontractors, includiing procurements of materials and leases of equipment. The Contractor shall riot participate either directly or !indirectly iin the discrimination prohibited by section 21.5 of the Regulations, including 0U) employment practices when the contract covers a programs set forth in Appendix B of the CL Regulations. (3.)Solicitations for Subcontractors, including Procurements of Materials and IE,qulipm,ent: In all solicitations made by the Contractor, either by competitive bidding or negotiation for E work to be performed under a subcontract, including procurerrients of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination E on the basis of race,color, national origin, sex, age,disability, religion or family status. u (4.) Information and Reports: The Contractor shall provide all information and reports required � by the Regulations or directives issued pursuant thereto, and shalt permit access to its books, 00 records, accounts,other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in,the exclusive possession of another who faills, or refuses to furnish this information the Contractor shalll so certify to the X Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shalt set forth what efforts !it has made to obtain the !information. 0 0 (5.) Sanctions for Noncomphanice: In the event of the Contractor's noncompliance with the CL nondiscrimination provisions of this contract, the Florida Department of Transportation shall E impose such contract sanctioris as it or the Federal Highway Administration, Federal Transit M u Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but riot limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) E through (7) iin every subcontract, including procurements, of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit 33- Packet Pg. 980 Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration maydilnecu as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in,, or is threatened with. litigation, with eoub-comitractoror supplier as a result cf such direction, the Contractor may request the Florida Department nfTransportation to enter into such litigation to protect the Untevests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. <7j CammpUianoevvith Non dlisorilmivatino Statutes and Authorities: Title VI of the Civil Rights Act of1BQ4 <42U.S.C. 020DDdegaeq.. 78 stall. 25�2k (prohibits discrimination,on the basis of maoe, color, national origin); end48 CFR Part 211; The Uniform Relocation Assistance and � Real Property Acquisition Policies Act of197O^ (42U.S.C. Q40U1). (prohibits unfair treatment m of persons displaced or whose property has been,acquired because ofFederal or Fedena|`aild programs and projects); Federal-Aid Highway Act of 1973^ (23 U.S.C. Q 324 sg seq.}` m w (prohibits discrimination on the basis of sex); Section, 504 of the Rehabilitation, Act of 1973^ <29 U.S.C. 5 794 et aeqj, as amended. (prohibits discrimination on the basis of disability); and49 CFR Part27; The Age Discrimination Act of1975. as amended, (42 B.S.C. §61011 et 0 CL seq.). (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982. (49USC@471. Section,471128}, aaamended, (prohibits discrimination based unrace, creed, oo|or, national mhQiln. or sex); The Civil Rights Restoration Act of 1887, (PL 1100'205). (Broadened the scope, coverage and applicability of Title Y| of the CiviU Rights Act of 1964, The Age Discrimination Act of 1975 and Section 5O4mfthe Rehabilitation Act of 11973', by expanding the definition of the terms ^pm0manms or ect|v|0ee^to Unc|ude all of the programs or = E activities of the Fedena|'aild nedpients, sub-reopienits and contnacmors, whether such M programs or activities are Federally funded or not); Titles || and U| of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of U public entities, public and private transportation systems places of public a000nmmodadon^ and certain testing entities (42U.S.C. 50 12131 — 12189)ay implemented by Department uf 00 Transportation, regulations at 48 C.F.B. pans 37 and 38; The Federal Aviation Adnministnation'aNlon'disoimimetionatatute (4SU.8.C. 04712D) (pmhibNadiachminmbonom the basis nfrace, color, metinma| origin, and sex); Executive Order 12898, Federal Actions to Address EnvimnmnentaU Justice in Minority Populations and Lmw'|noonme Populations, which ' ensures num-diauhmination against minority populations by discouraging orogmanms^ policies, � and activities with disproportionately high and adverse human health or environmental offewe w on minority and |ow'inioome populations; Executive Order 1316O^ Improving Access to Services for Personim with Limited English Profiuienoy, and resulting agency guidance, � national origin diiecrilmination includes discrimination because of limited English proficiency c (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that ' LEP persons have meaningful access toyour pmgnamoe (70 Fed. Reg. at 74087 to 74100)� CL Title |X of the Education Amendments of 1972. as amended, which prohibits you from discriminating because of sex ineducation programs nr activities (2DU.S.C. 11681 et sec). M U 34- C.21.c ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts 2 0 0. T- E U 00 - T- c� X c� 0 0 0. E M U E c� 35- Packet Pg. 982 �-030-o PROCURSMEm 10/01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 4$CFR. Section 2O.i00 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: . (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the U) undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Mernber of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, CL 0 renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an E employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard U Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. �- (Standard Form-LLL can be obtained from the Florida Department of Transportation's 00 � Professional Services Administrator or Procurement Dffice.) � � This certification is a material representation of fact upon which reliance was placed ' when this transaction was made or entered into. Submission of this certification ism � � prerequisite for making or entering into this transaction imposed by Section 1352. Title w 31. U.S. Code. Any person who fails tofile the required certification shall bo subject 10 a civil penalty of not less than $10,000 and not more than $100,000 for each such � failure. c The prospective participant also agrees by submitting his or her proposal that he or she CL shall require that the language of this certification be included in all lower tier M subcontracts, which exceed $100,000 and that all such subrecipients shall certify and L) disclose accordingly. Name of Consultant'. MA � By: Paul G.Foley,p.e. Date: January* 2018 Authorized Signature Title: President J6- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT v«^ INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER T|ERCOVEREDTRANSACT|ONSFORFEDERALA]DCONTRACTS � (Compliance with 2CFR Parts l8O and 12OO) n|s certified that neither the below identified firm nor its principals are presently Suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. Name of ConSLiltant/Contractor: KisiDger CampoA Associates,Corp. Date: 01/04/2018 Title: pmxmvnt U) Instructions for Certification mstrum|onsfonCnrtmcamnn-LowernerPammpmnts: U) (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to CL cost$25.ODUor more'2CFR Pails 18V and 12OO) u By signing and Submitting this proposal,the prospective lower tier is providing the certification set out below. b�The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies,including Suspension and/or debarment. E M c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal ia submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason o/changed oimumstanons �� � �e u.The terms"covered oansmm|on.^'dnmaneu.^^suoponueu.^^ine|iO|h|o.^^»mmc|nom.^"pomon.^^pnncipo|.^and"voluntarily 00 excluded,"as used in this clause, defined in 2CFR Parts 180 and 12OO You may contact the person Vu which this proposal is submitted for assistance in obtaining a of those regulations."First Tier Covered Transactions"refers to ered oansmoionbetween*grantee ug Federaln�e�m ru u andparticipant( cm the prime | - ) "Lower Tier Covered_ _Transactions"_ _refers—_any covered transaction under.First Tier Covered Transaction~(such~~~.~~~..~~s/. . "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be U entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, c declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or 0 agency with which this transaction originated. ' CL f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without M modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the ~~ $25.000thmohnN, g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered U) transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that �e the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible(o participate in covered transactions.Toverify the eligibility of its principals,as well ao the eligibility ofany lower tier prospective participants,om*participantmay.bm|snctmquireUto.checktheExcludedPmrtiesUst8ystemwobsUe (https://www.epis.gov/),which is compiled by the General Services Administration. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required!o exceed that < which is normally possessed by a prudent person in the ordinary course of business dealings. i.Except for transactions authorized under paragraph e of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is Suspended,debarred,ineligible,or Voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 37- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 OCURE ENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGC-0-3/17 FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that I will reCUse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Con sultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it Could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships) U) which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. .2 2.1 1 will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to 0 the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement U) Information").I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department C related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to,documents P U) Submitted to the Department by entities seeking an award of the Project("Proposers").I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals, financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include U) documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree 0 not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. CL Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel").I understand that a list of Project Personnel will be maintained by Department. If I E am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such request to the Department's Procurement Office.I will also maintain security and control over all documents containing Procurement Information which are in My Custody. E M I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under < consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and U rules governing or applicable to the Department or may otherwise be a violation of the law. �e 00 I agree not to engage in bid tampering,pursuant to Section 838.22,Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22,Florida Statutes.. Advertisement No./ Description Financial Project Number(s) Solicitation No X N/A On-Call Professional Engineering Services N/A 0 0 CL E M Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. U Printed Names Signa/L s Date Paul G.Foley,P.E. Principal-in-Charge 01/04/2018 V IV 38- Packet Pg. 985 DATEI C.21.c ,4c�o�zo® CERTIFICATE OF LIABILITY INSURANCE 1/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Vicky Van Wormer Brown &Brown Insurance-Clearwater PHONE FAX 83 Park Place Blvd., Suite 101 vC No Ext: 727 450-7018 A/c,No):727-450-7083 E-MClearwater FL 33757-2456 ADDRESS: vvanwormer@bbpinellas.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Admiral Insurance Company 24856 INSURED INSURER B:The Travelers Indemnity Company of America 25666 Kisinger Campo&Assoc. Corp. INSURER The Charter Oak Fire Insurance Company 25615 ° Campo&Associates, PLLC, KCCS, Inc. 2.1 201 N. Franklin Street, Ste. 400 INSURERD:Travelers Casualty and Surety Company 19038 0) Tampa FL 33602 INSURERE: INSURER F U) COVERAGESCOVERAGES CERTIFICATE NUMBER:528512690 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: U) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD C X COMMERCIAL GENERAL LIABILITY Y 630-8254A604 9/1/2017 9/1/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 X Contractual MED EXP(Any one person) $10,000 X XCU Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY� PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 �e OTHER: $ 00 BI B AUTOMOBILE LIABILITY Y 8108254A604 9/1/2017 9/1/2018 (CEO M iddenentS INGLE LIMIT acc $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ a OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ cy AUTOS ONLY AUTOS ONLY Per accident $ 0) B X UMBRELLALIAB X OCCUR Y CUP7J748484 9/1/2017 9/1/2018 EACH OCCURRENCE $4,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$10,000 $ O D WORKERS COMPENSATION UB2G641560 10/3/2017 10/3/2018 )( PER X OTH- I AND EMPLOYERS'LIABILITY Y/N STATUTE ER U.S.L.H. O ANYPROPRI ETOR/PART N ER/EXEC UTIVE N/A E.L.EACH ACCIDENT $500,000 CL OFFICE R/M EMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 M If yes,describe under L) DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A ProfessionalLiability E000002720504 11/2/2017 11/2/2018 Per Claim 5,000,000 Claims Made Aggregate 5,000,000 Deductible 250,000 U) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) ; Certificate Holder is an additional insured with respect to general liability,auto liability and umbrella liability. Explosion,collapse and underground hazard included in CGL. 60 day notification of cancellation applies to certificate holder,except 10 days for non payment of premium. c5 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County, a political subdivision of the State of ACCORDANCE WITH THE POLICY PROVISIONS. Florida 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 986 C.21.c COMMERCIAL AUTO POLICY NUMBER: P-810-8254A604-TIA-17 ISSUE DATE: 09-14-17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM as U) GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. CL SCHEDULE Insurance Company: TRAVELERS INDEMNITY COMPANY OF AMERICA E Policy Number: P-810-8254A604-TIA-17 Effective Date: 09-01-17 Expiration Date:09-01-18 as E Named Insured: KISINGER CAMPO & ASSOC CORP AND AS PER IL T8 00 Address: 201 N FRANKLIN ST, SUITE 400 00 TAMPA FL 33602 Additional Insured (Lessor): ° Address: X as �s Designation or Description of Leased "Autos": ° CL E ANY "AUTO" LEASED FOR A PERIOD OF SIX MONTHS OR MORE UNDER A LEASING CONTRACT OR AGREEMENT THAT REQUIRES YOU TO PROVIDE DIRECT PRIMARY INSURANCE FOR THE LESSOR. a Coverages Limit Of Insurance Liability $ 1,000,000 Each "Accident' Comprehensive Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ SEE ILT825 Deductible For Each Covered "Leased Auto" Collision Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ SEE ILT825 Deductible For Each Covered "Leased Auto" Specified Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ Causes Of Loss Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 01 03 06 © ISO Properties, Inc., 2005 Page 1 of 2 Packet Pg. 987 C.21.c COMMERCIAL AUTO A. Coverage 2. The insurance covers the interest of the les- 1. Any "leased auto" designated or described in sor unless the "loss" results from fraudulent the Schedule will be considered a covered acts or omissions on your part. "auto" you own and not a covered "auto" you 3. If we make any payment to the lessor, we will hire or borrow. obtain his or her rights against any other as 2. For a "leased auto" designated or described party. in the Schedule, Who Is An Insured is C. Cancellation qy changed to include as an "insured" the lessor 1. If we cancel the policy, we will mail notice to named in the Schedule. However, the lessor the lessor in accordance with the Cancella- is an "insured" only for "bodily injury" or tion Common Policy Condition. "property damage" resulting from the acts or omissions by: 2. If you cancel the policy, we will mail notice to a. You; the lessor. CL 3. Cancellation ends this agreement. b. Any of your"employees"or agents; or c. Any person, except the lessor or any D. The lessor is not liable for payment of your premiums. "employee" or agent of the lessor, operat- ing a "leased auto" with the permission of E. Additional Definition any of the above. As used in this endorsement: 3. The coverages provided under this endorse- "Leased auto" means an "auto" leased or rented ment apply to any "leased auto" described in to you, including any substitute, replacement or s the Schedule until the expiration date shown extra "auto" needed to meet seasonal or other 00 in the Schedule, or when the lessor or his or needs, under a leasing or rental agreement that her agent takes possession of the "leased requires you to provide direct primary insurance auto", whichever occurs first. for the lessor. e B. Loss Payable Clause as 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss"to a "leased auto". 0 e 0 CL E (D CD 24 (D E L) Page 2 of 2 © ISO Properties, Inc., 2005 CA 20 01 03 06 Packet Pg. 988 C.21.c COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) U) This endorsement modifies insurance provided under the following: (y U) COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) is amended c) The insurance provided to the additional in- as to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op CL - age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional E insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such as damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- E you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is 00 insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is as this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary ° shall be limited to the limits of liability re- basis or a primary and non-contributory basis, CL quired by that "written contract requiring in- this insurance is primary to "other insurance" E surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured as Section III —Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or as of the rendering of, or failure to render, any on any other basis, that is available to the addi- E professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- L The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. P Packet Pg. 989 C.21.c COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to 'other insur- damage arising out of the 'occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit' is brought against named insured as described in paragraph 3. as the additional insured, the additional insured above. r_ must: 5. The following definition is added to SECTION V. L Immediately record the specifics of the —DEFINITIONS: claim or"suit'and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement CL The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit' as person or organization as an additional in- sured on this Coverage Part, provided that as soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an as send us copies of all legal papers received in offense committed: E connection with the claim or "suit', cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit', and otherwise comply with all policy conditions. b. While that part of the contract or 00 d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit' to c. Before the end of the policy period. e (D X (D 0 e 0 CL E (D 24 (D E Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D Packet Pg. 990 DATE(P C.21 A AC"R" CERTIFICATE OF LIABILITY INSURANCE 09/21/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Vicky Van Wormer NAME: Brown&Brown of Florida,Inc. a/CNri Ext: (727)461-6044 a/c,No): (727)442-7695 83 Park Place Blvd,Suite 101 E-MAIL Vick .VanWormer bbrown.com ADDRESS: y INSURER(S)AFFORDING COVERAGE NAIC# Clearwater FL 33759 INSURERA: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: The Travelers Indemnity Company of America 25666 Kisinger Campo&Associates,Corp. INSURER C: Travelers Casualty and Surety Company 19038 201 N Franklin St,Suite 400 INSURER D: Admiral Insurance Company 24856 fgy INSURER E: 2 Tampa FL 33602 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 Master REVISION NUMBER: U) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD �9 INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSR TYPE OF INSURANCE POLICY EFF POLICY EXP 0 LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS � X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CL DAMAGE TO RENTED 300,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ 10,000 A Y P-630-8254A604 10/01/2022 10/01/2023 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2'000'000 : $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 U Ea accident X ANYAUTO BODILY INJURY(Per person) $ `tl' B OWNED SCHEDULED Y 810-5N338364 10/01/2022 10/01/2023 AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ CD CD AUTOS ONLY AUTOS ONLY Per accident Uninsured motorist $ 1,000,000 CD UMBRELLA LIAB ' _R"'y'_ OCCUR EACH OCCURRENCE $ EXCESS LIAB U) CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ nCL WORKERS COMPENSATION X1 SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N 500,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A UB-7J070308 10/03/2022 10/03/2023 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 e� If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per claim 1,000,000 U Professional Liability-Architects& D Engineers E0000027205-09 10/01/2022 10/01/2023 Aggregate 1,000,000 Deductible 250,000 E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) C5 [Job#:KCA Contract#1202209.00 Job Type:On Call Prof Engineering Srvcs-Monroe County] The Certificate Holder,Monroe County,is an Additional Insured on a primary non-contributory basis including ongoing and completed operations with respect to General Liability if required by written contract and with respect to Auto Liability as per the Auto coverage form. A Waiver of Subrogation in favor of the Certificate Holder applies to General Liability,Auto Liability and Workers Compensation if required by written contract. Certificate Holder will be given 60 day notification of cancellation,expect 10 days for non-payment of premium. Ir 'a �i By CERTIFICATE HOLDER CANCELLATION DA SHOULD ANY OF THE N WA THE EXPIRATION DA' Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 991