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Item C08
C8 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting March 20, 2024 Agenda Item Number: C8 2023-2214 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick N/A AGENDA ITEM WORDING: Approval of a First Amendment to the Agreement with CPH, LLC in the amount of$627,125.00 for Professional Architectural and Engineering Services for the Rockland Key Public Works Master Plan project. This First Amendment is for complete design through close-out services for the construction of a new Fleet Department Garage and Offices building, Lower Keys Fuel Point, Vehicle Wash, material storage, and parking. This project is funded by the Infrastructure Sales Tax (Fund 304). ITEM BACKGROUND: The Lower Keys Roads and Bridges, Fleet, and Facilities Maintenance Departments all previously operated on Key West Airport property. The airport master plan for Key West International Airport required that these departments all vacate airport property. All departments are currently operating in various locations including in temporary trailers. A County-owned property on Rockland Key has been identified which will house these three departments along with a new fuel point. The new design will include a phased approach in order to conform to budget constraints. The County executed an Agreement for Professional Architectural and Engineering Services for the Rockland Key Public Works Master Plan with CPH, LLC on August 1, 2023 for preliminary design of the master plan and surveying services. The Fleet Department Garage and Offices are currently operating out of a leased building not owned by the County and will need to be moved once the lease is up. The County is also using the Monroe County School Board fuel point for all County vehicles in the lower keys. This First Amendment adds full architectural and engineering design through construction administration for the construction of a new Fleet Department Garage and Offices building and Fuel Point along with other site improvements including vehicle wash, storage, and parking. PREVIOUS RELEVANT BOCC ACTION: 6/21/23 - BOCC gave approval to negotiate with CPH, LLC who was the highest ranked respondent to the RFQ for the Rockland Public Works Master Plan. INSURANCE REQUIRED: 244 Yes CONTRACT/AGREEMENT CHANGES: Adds construction documents through construction administration services to the scope of work. STAFF RECOMMENDATION: Approval of First Amendment DOCUMENTATION: Agreement—CPH—EXEC_8.1.23.pdf I st Amend to Agreement—CPH_signed.pdf FINANCIAL IMPACT: 304-24009 Original Task Order: $79,890.00 First Amendment: $627,125.00 Total Contract w/Amend.: $707,015.00 Insurance on file 245 AGREEMENT FOR Professional Architectural and Engineering Services for The Rockland Key Public Works Master Plan This Agreement ("Agreement") made and entered into this 1st day of August 2023 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND CPH Consulting, LLC dba CPH, LLC, a Limited Liability Company of the State of Delaware, authorized to do business in the State of Florida, whose address is 1992 SW 1st Street, Miami, Florida 33135, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT to provide Professional Architectural and Engineering Services for the Rockland Key Public Works Master Plan (the "Project"); and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing concepts, construction drawings and specifications, all documents required to submit applications for and secure all permits necessary to complete the project and holding a minimum of two informational hearings with the public and monthly project meetings with the tenants for the "Project". 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: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. Page 1 of 26 246 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including but not limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project and to document costs in a manner that is acceptable for reimbursement by government agencies; therefore eliminating any additional cost due to missing or incorrect information or design elements in the contract documents. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and the performance of those directly under his employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the BOCC to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION The CONSULTANT's Scope of Basic Services consist of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. Page 2 of 26 247 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Cary Knight. Director of Project Management Monroe County 1100 Simonton Street Rm 2-216 Key West, FL 33040 Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 And: County Attorney 1111 121h Street, Suite 408 Key West, Florida 33040 For the Consultant: Kyle Bechtelheimer, P.E., Vice President CPH, LLC 1992 SW 1 sc Street Miami, Florida 33135 Notice is deemed received by the CONSULTANT when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. Page 3 of 26 248 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. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s)and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 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 he 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. Page 4 of 26 249 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 the CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Kyle Bechtelheimer, P.E. Sr. Project Manager Ilker Uzun Principal Architect Brandan DeCaro Sr. Architect 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. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds based on a percentage complete for the CONSULTANT's performance of this Agreement a Not-to- Exceed amount of Seventy-Nine Thousand, Eight-Hundred Ninety and 00/100 Dollars ($79,890.00) based upon the following Tasks: Task 1: Boundary and Topographical Survey—$11,500.00 lump sum upon review and acceptance of the survey and approval by the Director of Project Management. Page 5 of 26 250 Task 2: Discovery and Due Diligence — $23,595.00 lump sum upon receipt and acceptance of the report and approval by the Director of Project Management. Task 3: Conceptual Site Plan—$9,585.00 lump sum upon Task 4: Master Plan Workshop — $2,920.00 lump sum upon completion of the virtual workshop and approval by the Director of Project Management. Task 5: Final Site Master Plan — $23,045.00 lump sum upon receipt and acceptance of the master plan and approval by the Director of Project Management. Task 6: Project Management — $7,245.00 not-to-exceed upon approval by the Director of Project Management based on the hourly rates outlined in Attachment B. Reimbursable Expenses — $2,000.00 not-to-exceed upon receipt of backup documentation and approval by the Director of Project Management. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act, Section 218.70, Florida Statutes. (A) If the CONSULTANT's duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT's invoice shall describe with reasonable particularity the service rendered. The CONSULTANT's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. (C) The CONSULTANT shall submit to the COUNTY invoices with supporting documentation that are acceptable to the Clerk of Courts.Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. 7.3 REIMBURSABLE EXPENSES Allowable Reimbursable expenses will be separately identified and are subject to the maximum allowable contract amount. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes. 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 the 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. Page 6 of 26 251 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to conduct business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $300,000 per occurrence, $200,000 per person, and $200,000 property damage, or $300,000 Combined Single Limit. 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 $1,000,000 Combined Single Limit. 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 12 months following the acceptance of work by the COUNTY. Page 7 of 26 252 E. Professional Liability insurance of$1,000,000 per occurrence and $2,000,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract F. COUNTY shall be named as an additional insured and certificate holder with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its Page 8 of 26 253 successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION The Contract may be terminated by the Owner as follows: A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seventy-two (72) hours' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to the CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to the CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to the CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. Page 9 of 26 254 E. Scrutinized Companies: For Contracts of any amount, if the COUNTY determines that the CONSULTANT has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the option of (1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the COUNTY determines that the CONSULTANT submitted a false certification under Section 287.135(5), Florida Statutes, or if the CONSULTANT has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the COUNTY shall have the option of(1) terminating the Agreement after it has given the CONSULTANT written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and Attachments "A: Consultant Scope Of Services" and "B: Hourly Rates", and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to any public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the 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, the 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 Page 10 of 26 255 been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether the CONSULTANT has been placed on the convicted vendor list. The 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 The 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 seven (7) years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available); subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the COUNTY or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in the COUNTY's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by the COUNTY's representative and/or agents of the County Clerk. The COUNTY or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by the COUNTY or the County Clerk determines that monies paid to the CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Page 11 of 26 256 Section 53.03, Florida Statutes running from the date the monies were paid to the CONSULTANT. The right to audit provisions survive the termination or expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and the CONSULTANT agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The COUNTY and CONSULTANT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and the CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and the 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, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and courts costs in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and the CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. Page 12 of 26 257 9.14 CLAIMS FOR FEDERAL OR STATE AID The CONSULTANT and the COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS The COUNTY and the CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 9.5, Paragraph 9.17 and Paragraph 9.21 concerning termination or cancellation. 9.16 COOPERATION In the event that any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the COUNTY and the 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. The COUNTY and the CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The CONSULTANT and the 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. The CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101, Note), as may be amended from time to time, Page 13 of 26 258 relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the consultant's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the consultant's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Page 14 of 26 259 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The CONSULTANT will take such action with respect to any subconsultant or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 9.18 COVENANT OF NO INTEREST The CONSULTANT and the COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS The 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. Page 15 of 26 260 9.20 EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES The CONSULTANT warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9.21 NO SOLICITATION/PAYMENT The CONSULTANT and the COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or 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. 9.22 PUBLIC ACCESS. The CONSULTANT and the COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and the COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by the CONSULTANT. The CONSULTANT shall be referred to herein also as "Contractor" for this provision only: Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The COUNTY and the Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and the Contractor in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Page 16 of 26 261 Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from 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 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. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless as otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN Page 17 of 26 262 OF PUBLIC RECORDS,BRIAN BRADLEY AT PHONE#305-292-3470 B L,EY-BR AN(&, C)NROEC O Y-F'L,.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.23 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. 9.26 NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES. 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. 9.27 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. Page 18 of 26 263 9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by the CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.29 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.30 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.31 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBEs, 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 the 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 2 C.F.R. § 200.321, as set forth in detail below, applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants 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. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. Page 19 of 26 264 b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime consultant, if subconsultant's are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.32 E-VERIFY SYSTEM. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the CONSULTANT and any subconsultant shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subconstruct with an unauthorized alien. The CONSULTANT shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CONSULTANT: CPH, LLC County Administrator or Designee Name: Todd Hendrix, P.E. Date: August 1, 2023 Title: Chief Operating Officer -A&E Mw ONROE COUNTY ATTOMNFY"S OFFICE W APPROVED AS TO FORM Page 20 of 26 DATE; 265 ATTACHM ENT A Consultant Scope of Services 2.1 Scope The intent of the project is to develop a master site plan for a Lower Keys Public Works Facility on Rockland Key which will include a future 9,000 square foot two-story office building housing Facilities Maintenance, Roads & Bridges, and other departments to be determined during limited conceptual programming. The site will also have a fuel point, fleet garage and office, materials storage areas, and vehicle storage areas. All staff has been relocated from the Key West International Airport and is currently in temporary facilities. There is no longer a Lower Keys fuel point. The future jobsite is currently being used for storage/parking and temporary office trailers. After completion of the conceptual master plan, CONSULTANT will complete full designs of a fleet garage, fleet offices, and a fuel point. The COUNTY intends to utilize a Construction Manager At Risk ("CMAR") project delivery method to oversee this project from design to construction close-out which will be procured separately by the COUNTY. CONSULTANT will be required to work with the selected CMAR firm during design development through construction close-out. CONSULTANT will perform all required research, studies, testing, geo technical reporting, surveying, and any other necessary information gathering activity for effective programing, assistance with CMAR bidding and assessment, schematic design (SD), design development (DD), construction documents, independent statement of probable costs, construction administration (including on-site bi-weekly meetings, review of work, pay applications, and conformance to design specifications), commissioning, and project closure and acceptance. CONSULTANT will have access to COUNTY best practices and standards but will develop unique OPR and BOD documents for this project. Construction of County buildings must adhere to Florida Green Building Coalition (FGBC) standards. Final submission to FGBC is not required. CONSULTANT will be required to coordinate with regulatory agencies including, but not limited to, the Monroe County Building and Planning Departments to produce plans that are approved, accepted, and permitted. This may require in person public meetings as needed. Experience with the Monroe County Code is beneficial to efficient and timely design. Progress or work will be reviewed at normal intervals during programming, SD, and DD. Construction documents will be reviewed and approved at 30%, 60%, and 90% intervals. Plans will not be considered 100% unless they have met all federal, state, and local requirements, and permits are ready for construction. Revisions to produce acceptable plans are the responsibility of CONSULTANT as well as resolving clash detection or other conflicts. The firm shall ensure proper coordination between their design professionals and consistency across plan sections. CONSULTANT is expected to meet a strict milestone timeline as the current fleet garage is in a non-County owned leased space and must be moved no later than December 2024. To achieve this goal, the COUNTY anticipates the garage building and offices to be a metal building conforming to applicable exposure rating, wind loads, and floodplain requirements unless an alternate building type can meet the same budgetary and time requirements. Anticipating a twelve-month construction period, the fully permitted design Page 21 of 26 266 will need to be completed with the time required for the CMAR to bid, assemble a GMP, and finalize subcontracts. That date is projected to be no later than December 2024. Collaborative design will be critical to the timely execution of construction and procurement of long lead items. CONSULTANT will have access to a previous design for a public works building on this site,which was not constructed, a recently installed fuel point in Key Largo, as well as any additional records. 2.2 TIME FOR PERFORMANCE/BASELINE SCHEDULE / COST ESTIMATES Time is considered to be of the essence in the performance of the services required by this Agreement and defined in the scope of work. The CONSULTANT will be prepared to commence work upon receiving a Notice to Proceed from the COUNTY and to complete all functions in accordance with the schedule and delivery requirements outlined in the "Baseline Schedule / Cost Estimates" special provisions and specifications included below: 2.3 SCHEDULING REQUIREMENTS 2.3.1 Baseline Schedule — A baseline project schedule indicating the preconstruction activities to be monitored and the anticipated completion dates for milestones are included in Section 2.3.7. 2.3.2 Monthly Schedule Update — The CONSULTANT will report detailed input and schedule updates on all preconstruction activities in accordance with the Baseline Schedule on a monthly basis. All preconstruction activities must be addressed each month even if there is no change in status. Following the Notice to Proceed, this report will be considered due to the COUNTY on or before the fifth (5th) day of each month. 2.3.3 A brief narrative describing scheduled milestones with the status for each, and a projection of milestone activities anticipated for the next sixty (60) days will be included in the report. 2.3.4 In the event that milestone dates are compromised for any reason, the CONSULTANT will participate in a schedule review and assessment with the COUNTY and the results will be incorporated into the report. The schedule review and assessment may include, but is not limited to, a detailed critical path analysis, consideration of potential delays, development of recovery plans, reporting of recovery activities which are underway, assessing the impact of delays, and developing plans for schedule recovery. 2.3.5 The COUNTY will evaluate the schedule review and assessment results as reported by the CONSULTANT to determine if adequate provisions are proposed to enable the project to progress in accordance with the Baseline Schedule. If it is determined that an adjustment to the Baseline Schedule is warranted and if the delays are not directly attributed to the operations and/or project management practices of the CONSULTANT as required by this Contract, the COUNTY may grant an appropriate extension of time to complete all or any phase of the work. The CONSULTANT will incorporate recommendations for such time extensions into the monthly schedule update report. 2.3.6 The COUNTY reserves the right, but does not assume the obligation, to intercede at any time should the CONSULTANT fail to demonstrate the ability to progress the project Page 22 of 26 267 in accordance with the milestone dates established in the Baseline Schedule. Such actions on the part of the CONSULTANT shall be considered non-performance and the COUNTY shall have all rights to seek remuneration and other damages as provided for in this Agreement and the laws of the State of Florida. 2.3.7 Project Development Process — Preconstruction activities should at a minimum include the following elements as applicable: PROJECT DEVELOPMENT PROCESS Task Name Milestone Comments Date Contracting Phase Issue Notice to Proceed July 2023 Master Plan Concept Phase Programming August 2023 Master Phased Plan August 2023 Fleet Garage & Office Programming August 2023 Schematic Design September 2023 Design Development September 2023 30% Construction Documents October 2024 60% Construction Documents November 2024 90% Construction Documents December 2024 Permit Phase Permits Approved January 2025 Bid Set for GMP — 100% CDs January 2025 GMP Bid Support January 2025 GMP February 2025 BOCC Construction Administration February 2026 Commissioning February 2026 Closure and Acceptance March 2026 Move Staff March 2026 Procurement of CMAR Support (Acquired During Programming) 2.3.8 The duration of the Contract should extend through the issuance of a Notice to Proceed to the construction contractor as part of the normal project development process. 2.4 COST ESTIMATING REQUIREMENTS 2.4.1 Baseline Cost Estimates— Following the Notice to Proceed for this Contract, the CONSULTANT will review the existing project cost estimate for the project and submit a written confirmation and/or recommendations for any refinements, changes, and Page 23 of 26 268 revisions to the COUNTY. The COUNTY will consider any project cost estimate recommendations and issue a final Baseline Cost Estimate. 2.4.2 Cost Estimate Updates — The CONSULTANT will update the Baseline Cost Estimate with 30% completion, 60% completion, 90% completion, the completion of the final design effort, and after any significant changes in the scope of the project as defined in this Contract. 2.4.3 In the event that the Baseline Schedule is suspended or delayed in any manner, additional updates of the Baseline Cost Estimate will be required at six (6) month intervals as long as this Contract remains in effect. The COUNTY may suspend this requirement by issuing a written notice to the CONSULTANT. 2.5 PROGRAMMING AND PRE-DESIGN TASKS 2.5.1 Task 1 — Boundary and Topographic Survey. The CONSULTANT shall perform a Boundary and Topographic Survey of Parcel Identification Numbers 00122070-000700 and 00122080-000304 as per Rule Chapter 5J-17 of the Florida Administrative Code in compliance with the Standards of Practice of Surveying and Mapping of the State of Florida. The survey will be based on the North American Vertical Datum 88 (NAVD 88). Deliverable shall include a signed and sealed survey. 2.5.2 Task 2— Discovery and Due Diligence. The CONSULTANT shall review available documents, perform investigations and analysis, and collaborate with the COUNTY to clearly define needs. Activities include: • Attendance of kick-off meeting and site walk to understand the COUNTY's vision and needs. • Preparation of one (1) questionnaire which will be distributed by the COUNTY to all stakeholders. Responses will be discussed via a virtual meeting between the COUNTY and the CONSULTANT. • Review of applicable documentation of existing facilities, structures, and equipment provided by the COUNTY. • The CONSULTANT shall conduct jurisdictional research relative to building related items including identifying building code and design/technical issues that may affect proposed use of the site, coordinate with local Building Officials to confirm code questions and building permit requirements for the proposed use, and provide code summary narrative to the COUNTY. • The CONSULTANT shall provide a due diligence report summarizing findings to the COUNTY for review and comment. This report shall serve as the basis for the next tasks. 2.5.3 Task 3 — Conceptual Site Plan. Utilizing data collected from Task 1 and Task 2, the CONSULTANT shall prepare up to three (3) conceptual site plans for review and consideration by the COUNTY. Page 24 of 26 269 2.5.4 Task 4—Virtual Workshop. The CONSULTANT shall present conceptual site plans to the COUNTY via a virtual workshop. The goal of the workshop is to further clarify the COUNTY's needs in order to refine the site plan options, select the best site plan option with which to move forward, and to collect any final comments from the COUNTY stakeholders to incorporate into the final site master plan. 2.5.5 Task 5—Final Site Master Plan. The CONSULTANT shall utilize findings from prior Tasks to develop the Final Site Master Plan. The CONSULTANT shall submit the Final Site Master Plan to the COUNTY for review and comments. The CONSULTANT will attend one (1) virtual meeting with the COUNTY to present the Final Site Master Plan and facilitate discussion on next steps. The CONSULTANT shall also prepare and present a probable construction cost for the COUNTY to review. 2.5.6 Task 6 — Project Management. The CONSULTANT shall provide project management and support for the project including the following: • Participation in meetings/calls with COUNTY staff as needed. • Tracking of the progress of the project from issuance of the Notice to Proceed through project Close-Out including schedules, project status, and notes. All documentation shall be shared with the COUNTY as requested. Page 25 of 26 270 ATTACHMENT B Consultant Hourly Rates Principal Project Coordinator $,135 Program Manager $300, Senior Project Manager $250 Senior Project,Designer $1180 P'ro,ject Manager $ m Project Designer $11,515 Senior Project Engineer wgg, Senior Design Technician $155 Project Engineer ,tllll design Technicilan 120 ADD Technician1f g Princiipall Tratilic Engineer $280, Senior Traffic Engineer $200 Graphic Designer $,460 Traffic Engineer $1480, Traffic Analyst $435, Administrative, $1120 Clerical $1100 Principal Environmental Scientist $280,, Network Admin.(I) S11rG�M Senior Environmental Scientist $,200. Leal Environmental 5ci ntist $,145 Senior(Construction Manager 200 Environmental Scientist ,t 5 Construction Manager i : 11810 lS Analyst, t 5 Construction Field Representative it 460 Construction Field Representative l $1 S Principal Planner Senior Planner $1180, Principal Surveyor $280 Planner t o Senior Professional Surveyor '$200 Professional Surveyor and Mapper 'lso Princiipai Architect $3,25 Field TechnicianIPlesigner 135 Senior Architect 225 Surveyor in Training} 1125 ,Architect, 't,gg Survey Project ManageriCAD S15,0 Senior Architectural Manager SISO Field Crew Coordinator $114 l Arc-hltectural(Manager t5,g1 Survey Party Chief 110 Senior Architectural Designer $155 Survey Instrument.Man $1010 Architectural Besigner ,t 5 Senior Survey CADD Technician 1140 Interior Designer 155 Survey CADD Technician 11015 Survey Crew(2 Man) $200 Principal Structural Engineer $3,00 Survey Crew(Construction staring- '5 5 Senior Structural Engineer 40 Survey Crew(S Man) $285 Structural Engineer tll l CapS,('1 Man) i Robotics $180 GPS(2 Men) $245 Principal MEP Engineer $280 11 Man Scanner)Laser Survey Crew $, 1'5 Senior MEP Project Engineer o 2 Man ScannerMLaser Surrey Crew $3,50 MEP Project Engineer $180 Principal Landscape Architect $ 80, Senior Landscape Architect $200 Landscape Architect ISo Page 26 of 26 271 PROFESSIONAL. ARCHITECTURAL AND ENGINEERING SERVICES FOR THE ROCKLAND KEY PUBLIC WORKS MASTER PLAN LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE CPH, LLC. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration: paid' to the former County officer or employee". (Signature) Date: 02/27/2023 STATE OF: Florida COUNTY OF: Seminole Subscribed and sworn to (or affirmed) before me, by means of 1!A physical presence or 0 online notarization, on 02/27/2023 (date) by Nikhel Jindal, GCC, Assoc. DBIA, ENV SP (name of affiant)._He/She isjperson2 �� enown to me or has produced (type of identification) as identification. NOTARY PUBLIC "O.V DONNALTHOMAS SSION#GG 9W26 My commission expires: /1-11/ Deoember 14,2023 Bonded Thtu NotwY Pubk Ur'- Page 66 of 74 272 PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE ROCKLAND KEY PUBLIC WORKS MASTER PLAN NON-COLLUSION AFFIDAVIT 1, Nikhel Jindal,GCC,Assoc.DBIA,ENV SP of the city Deltona, FL according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am Chief Strategy and Success Officer of the firm of CPH, LLC. the proposer making the Proposal for the project described in the notice for calling for proposals for: Professional Architectural and Engineering Services for the Rockland Key Public Works Master Plan and that I executed the said proposal with full authority to do so; 2. Thee prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor-, and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in, awarding contracts for said project. 02/2712023 (Signature of Proposer) (Date) STATE OF: Florida COUNTY OF: Seminole Subscribed and sworn to (or affirmed) before me, by means of 1A physical presence or 0 online notarization, on 02/27/2023 (date) by Nikhel Jindal, , Assoc. DBIA, ENV SP (name of affiant),_LWShe is arsons y mown to me or has produced (type of icl�ntification) as iclen�Jfication. NOTARY PUBLIC ; fir [DONNA L.THOMAS M is ALAY COMMISSION#GG 9M26, My commission expires: SLq ,, EXPIRES. 14,2023 S i3o TI'r 0r"TbruN0t&yPubkUnd.rw*sm Page 67 of 74 273 PROFESSIONAL ARC HITECTIJRAL AND ENGINEERING SERVICES FOR THE ROC KLAND KEY PUBLIC WORKS MASTER PLAN DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: CPI , LLC. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide,by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the, workplace no later than five (5) days after such conviction, 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in, the employee's community, or any employee,who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm compfiesi fully with the above requirements. Proposer'sSignaturp 02/27/2023 Date STATE OF: Florida COUNTY OF, Seminole Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization, on 02/27/2023 (date) by Nikhel Andal,GCC,Assoc.DBIA,ENV SP (name of affiant)._ILe/She is personall-y cnawno me or has produced (type of identification)as identification. ........ NOTARY PUBLIC DI)NNAL THOWS My commission expires,., Z,33 WCOMMISSION11IGG&W26 EXPIRES: DONOta 14,2023 handed Tin No*pum Page 68 of 74 274 PROFESSIONAL ARCHH]TECTURA L AND ENGINEERING SERVICES FOR THE ROCKLAND KEY PU13LIC WORKS MASTER PLAN PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither CPH, LLC. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date- 02/27/2023 STATE OF: Florida COUNTY OF: Seminole Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 11 online notarization, on, 02/27/2023 (date) by Nikhel Jindial, GCC, Assoc. DBIA, ENV SIP (name of affiant),_He/She i L_ to me or has produced (type of identification) as identification. 0e, DONNALTHOMAS NOTARY PUI31-11b- MY COMMI&SM 0 GG 938626 Ex IRESw V 14,2023 u Nftry My commission expires: O Ttw Pu*WMflft" Page 69 of 74 275 PROFESSIONAL ARCHITEC'TURAL AND ENGINEERING SERVICES FOR TFIE ROCKLAND KEY PUBLIC WORKS MASTER PLAN VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS, Project Description(s): Professional Architectural and Engineehng Services for the Rockland Key Public Works Master Plan Respondent Vendor Name: CPH, LLC. Vendor FEIN: 59-2068806 Nikhel Jindal, GCC,Assoc. DBIA, ENV SP_ Vendor's Authorized Representative Name and Title: Chief Strateg, Address" 1992SW 1st St., City.. Miami State: Florida Zip: 33135 Phone Number (305) 274-4805 Email Address.- info@cphcorp.com Section 287,135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contractingi or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By:.,Nikhel Jindal, GCC, Assoc. DBIA_ENV SP who is authorized to sign on behWf of the above referenced company Authorized Signature: Print Name: Nikhel Jindal Title: Chief Strategy and Success Officer Note: The List are available at the following Department of Management Services Site: a l cu,/Aa e -�foirrnadon/con0ct d su�prvD r t 'Jigsk- /vendor 4 (Jed disc6n-ju ag ...co a r4s ver0or iksts Page 70 of 74 276 DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 7/1/2024 6/30/2023 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). CONTACT PRODUCER LOckton Companies NAME: 444 W.47th Street,Suite 900 PHO fAIC,NEo FAX Kansas City MO 64112-1906 E-MAIL Ext: A/C No (816)960-9000 ADDRESS: kcasu@lockton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Insurance Co oration 42404 INSURED CPH CONSULTING,LLC INSURER B:Allied World Surplus Lines Insurance Company 24319 1521250 DBA CPH,LLC INSURER C:Liberty Mutual Fire Insurance Company 23035 500 WEST FULTON STREET INSURER D:American Guarantee and Liab. Ins. Co. 26247 SANFORD FL 32771 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 1941 1204 REVISION NUMBER: XXXXXXX 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY C X COMMERCIAL GENERAL LIABILITY Y N TB2-641-446t61-033 7/1/2023 7/1/2024 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1 000 000 MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO- LOC PRODUCTS-COMP/OP AGG $ 4 000 000 OTHER: $ A AUTOMOBILE LIABILITY Y N AS7-641-446t61-013 7/1/2023 7/1/2024 COMBINED SINGLE LIMIT $ Ea accident 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident L I I $ XXXXXXX D X UMBRELLA LIAB OCCUR Y N AUC 3845324-00 7/1/2023 7/1/2024 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ XXXXXXX PER WORKERS COMPENSATION N X I STATUTE EERH A AND EMPLOYERS'LIABILITY WC7-641-446161-023 7/1/2023 7/1/2024 A Y/N EXCEPT FOR OH,ND,WY,WA ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B PROFESSIONAL N N 0313-8987 7/1/2023 7/1/2024 $5,000,000 PER CLAIM;$5,000,000 LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH REGARDS TO GENERAL LIABILITY,AUTO LIABILITY AND UMBRELLA LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT. 16 BY- . 26 23 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 19411204 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY BOARD OF ACCORDANCE WITH THE POLICY PROVISIONS. COUNTY COMMISSIONERS PO BOX 1026 AUTHORIZED REPRESENTATIV. KEY WEST FL 33041 ? rt:: ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 277 FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE ROCKLAND KEY PUBLIC WORKS MASTER PLAN This First Amendment to the Agreement for Professional Services dated August 1, 2023, (the "Agreement")is made and entered this 20th day of March 2024,between Monroe County ("County") and CPH Consulting, LLC dba CPH, LLC. ("Consultant"), in order to amend the Agreement as follows: WHEREAS, on August 1, 2023, the parties entered into an Agreement for professional architectural and engineering services for preliminary design and surveying services for the Rockland Key Public Works Master Plan project("Project"); and WHEREAS,the parties are prepared to advance the project and proceed with design and construction of a new Fleet Department Garage and Lower Keys Fuel Point. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties hereby agree as follows: 1. In accordance with Article II of the Agreement, Consultant shall provide architectural and engineering design, permitting, bidding support, construction administration, commissioning and close out services for the construction of the new Rockland Key Public Works Fleet Garage and Office building, along with site improvements including a Fuel Point, Vehicle Wash, material storage and vehicular parking. The building will consist of a ten(10)bay maintenance garage with shops and storage for the repair of County vehicles and a two-story office facility. The site will be landscaped per County Codes. A detailed description of the Scope of Services is provided in Exhibit A attached to this First Amendment. 2. Pursuant to Article VII of the Agreement, the County shall pay the Consultant monthly in current funds for a percent complete of the Consultant's services for the total not to exceed amount of Six Hundred Twenty-Seven Thousand, One Hundred Twenty-Five and 00/100 Dollars ($627,125.00)based on the following tasks: a. Programming and Schematic Design - $38,200.00 lump sum upon review of documentation and approval by the Director of Project Management. b. Geotechnical Report - $13,145.00 lump sum upon review of report and approval by the Director of Project Management. c. Design Development - $106,325.00 lump sum upon review of documentation and approval by the Director of Project Management. d. 60% Construction Documents- $152,290.00 lump sum upon review of documentation and approval by the Director of Project Management. Page 1 of 8 278 e. 90% Construction Documents- $121,150.00 lump sum upon review of documentation and approval by the Director of Project Management. f. Permitting- $38,675.00 lump sum upon issuance of all required permits and approval by the Director of Project Management. g. 100% Construction Documents - $37,370.00 lump sum upon review of documentation and approval by the Director of Project Management. h. Bidding Support- $15,000.00 lump sum upon completion of bid phase and approval by the Director of Project Management. i. Construction Administration - $65,680.00 lump sum upon completion of the project and approval by the Director of Project Management. j. Commissioning and Close Out - $29,290.00 lump sum upon completion of commissioning,receipt of close-out documents and approval by the Director of Project Management. k. Reimbursable Expenses - $10,000.00 not-to-exceed upon receipt of backup documentation and approval by the Director of Project Management. The total contract amount including the original Agreement and this First Amendment is a not-to- exceed amount of Seven Hundred Seven Thousand, Fifteen Dollars and 00/100 ($707,015.00). All other Terms and Conditions of the Agreement, not inconsistent herewith, shall remain unchanged and in full force and effect. [SIGNATURE PAGE TO FOLLOW] Page 2 of 8 279 IN WITNESS WHEREOF,each party caused this First Amendment to the Agreement to be executed by its duly authorized representative. (SEAL) Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA By:�....._.m....... As Deputy Clerk................................. By: ...._..._ mmhairpe....Mayor/C rson Date: MONROE COUNTY AT MANEY'S OFFICE APPROVED AS TO FORM w 8TANT COUNTY ATTORNEY DATE: CONSULTANT: Consultant's Witr� s , ttest: CPH CONSULTIN G, LLC DBA CPH, LLC --- w. By:__'__ By: Printed Name: Kyle Bechtelheimer, P.E. Printed ' ame: 01 Title .� Client Services Manager ._ ,... Title: .�.... .._. _ _ Page 3 of 8 280 EXHIBIT A — ARCHITECTURE. LANDSCAPE ARCHITECTURE. INTERIOR DESIGN. & CIVIL, STRUCTURAL,AND,MEP.ENGINEERING DESIGN SERVICES TASK- 1.0: Programing& Schematic Design CONSULTANT shall proceed with the Programing and Schematic Design for the Site and the Buildings upon receipt of the Notice to Proceed from the County.The Programing and Schematic Design shall include the following information: • Three (3) Stakeholder Workshop Meetings will be scheduled. The first will be held to review all the information gathered during the Master Planning process. During the meeting the needs and requirements for the users of the facility and the project Stakeholders will be discussed. CONSULTANT will submit written Meeting Minutes to document the needs and requirements of the Stakeholders. • After the First Workshop Meeting a written Building and Site Program will be developed.The Building and Site Program will be submitted to the Stakeholders for review and comments. A final Building and Site Program will be submitted to the Stakeholders for review and approval. • The approved program and the Master Site Plan will be used to develop a preliminary Schematic Design for the site and the buildings. The preliminary Schematic Design will be presented during a Second Workshop Meeting for review and comments from the Stakeholders. • The Schematic Design for the Site and the Buildings will be revised to address all comments from the Stakeholders. The revised Schematic Design will be presented during the Third Workshop Meeting. A Final Schematic Design will be developed to address all comments and be submitted to the Stakeholders for approval. TASK- 1.1: Geotechnical Report CONSULTANT shall utilize a sub-consultant to perform a geotechnical analysis based on the location of the proposed structures in the approved Master Plan. Sub-Consultant shall perform twelve (12) Standard Penetration Test (SPT) borings at the direction of CONSULTANT. The report shall include recommendations on foundations, soil conditions, exfiltration parameters, and asphalt recommendations. TASK-2.0: Design Development Documents(30%CD's) Following approval of the Schematic Design by COUNTY, CONSULTANT shall prepare Design Development documents.The Design Development documents shall include the following information: • Traffic Impact Statement,TripGen using latest ITE standards. • Cover Sheet with Project information. • General Notes and ADA Compliance Details. • Floor plans with annotation for doors, windows, partitions, enlarged plan and detail callouts and dimensions as required to document the construction. • Safety to Life Floor Plan and Building Code Review Notes. Page 4 of 8 281 • Building reflected ceiling plans showing delineated spaces with ceiling heights, materials, ceiling devices and detail callouts as required to document the ceiling construction. • Exterior Building Elevations and Sections with annotation for materials,heights,equipment,and detail callouts as required to document the exterior construction. • Wall Sections with materials and detail call outs. • Interior elevations with annotation for materials,heights, equipment, and detail callouts as required to document the interior construction. • Participate in"Finish Selection Meeting"to determine the Interior Finishes. • Finish Schedule as required to document the building construction. • Room, Occupancy,and Door Schedules as required to document the building construction. • Civil Engineering Drawings to document the Site improvements. • Structural Engineering Drawings to document the building foundation and structural design. • Mechanical Engineering Drawings to document all mechanical and HVAC building systems. • Electrical Engineering Drawings to document all electrical and low voltage building systems. • Plumbing Engineering Drawings to document all plumbing systems for the building. • CONSULTANT shall prepare draft of the Table of Contents for written specifications for all sections applicable to the project. • Submit the Design Development documents electronically to the Stakeholders for review and approval. • One virtual meeting will be held with the Stakeholders to review the Design Development documents and develop a list of comments. TASK-3.0: 60%Construction Documents Following approval of the Design Development documents by COUNTY, CONSULTANT shall prepare the 60% Construction Documents. The 60% Construction documents shall include the following information: • Cover Sheet with Project information. • General Notes and ADA Compliance Details. • Floor plans with annotation for doors, windows, partitions, enlarged plan and detail callouts and dimensions as required to document the construction. • Building reflected ceiling plans showing delineated spaces with ceiling heights, materials, ceiling devices and detail callouts as required to document the ceiling construction. • Exterior Building Elevations and Sections with annotation for materials,heights,equipment,and detail callouts as required to document the exterior construction. • Wall Sections with materials and detail call outs. • Interior elevations with annotation for materials,heights, equipment, and detail callouts as required to document the interior construction. • Interior Details as required to document the interior construction. • Interior Finish Board reflecting the finishes that were selected during the "Finish Selection Meeting "for review and approval. • Finish Schedule as required to document the building construction. • Room, Occupancy,and Door Schedules as required to document the building construction. • Millwork design is included, and will be shown in the floor plan, and interior elevations for concept only. The millwork contractor shall provide detail for the shop drawings. Millwork layout and elevations will be reviewed at the same time as the finish selection meetings. • Civil Engineering Drawings to document the Site improvements. • Structural Engineering Drawings to document the building foundation and structural design. • Mechanical Engineering Drawings to document all mechanical and HVAC building systems. • Electrical Engineering Drawings to document all electrical and low voltage building systems. Page 5 of 8 282 • Plumbing Engineering Drawings to document all plumbing systems for the building. • CONSULTANT shall prepare written specifications for all sections applicable to the project in fully edited format. • Submit the 90% Construction Documents electronically to the Stakeholders for review and approval. • One virtual meeting will be held with the Stakeholders to review the 60% Construction Documents and develop a list of comments. TASK-4.0: 90%Construction Documents Following approval of the 60% Construction Documents by COUNTY, CONSULTANT shall continue to develop the Construction Documents to address all comments received from the Stakeholders. The 90% Construction Documents shall include the following information: • Cover Sheet with Project information. • General Notes and ADA Compliance Details. • Floor plans with annotation for doors, windows, partitions, enlarged plan and detail callouts and dimensions as required to document the construction. • Building reflected ceiling plans showing delineated spaces with ceiling heights, materials, ceiling devices and detail callouts as required to document the ceiling construction. • Interior elevations with annotation for materials,heights, equipment, and detail callouts as required to document the interior construction. • Finish Schedule as required to document the building construction. • Interior Details as required to document the interior construction. • Room, Occupancy,Finish and Door Schedules as required to document the building construction. • Millwork design is included, and will be shown in the floor plan, and interior elevations for concept only. The millwork contractor shall provide detail for the shop drawings. Millwork layout and elevations will be reviewed at the same time as the finish selection meetings. • Civil Engineering Drawings to document the Site improvements. • Structural Engineering Drawings to document the building foundation and structural design. • Mechanical Engineering Drawings to document all mechanical and HVAC building systems. • Electrical Engineering Drawings to document all electrical and low voltage building systems. • Plumbing Engineering Drawings to document all plumbing systems for the building. • CONSULTANT shall prepare specifications for all sections applicable to the project in fully edited format. • Submit the 90%Construction Documents electronically to the Stakeholders for review and approval. • One virtual meeting with the Stakeholders to review the 90% Construction Documents and develop a list of comments to be incorporated into the 100% Construction Documents. PHASE-5.0: Permitting CONSULTANT shall provide building permitting services to the COUNTY to include the following: • CONSULTANT shall prepare one(1)signed and sealed submittal for the Building Department review. The submittal shall include all Construction Documents and calculations required for the review. • CONSULTANT shall review comments from the Building Department reviewers and make required revisions to the Construction Documents to address these comments and provide a comment response letter. This scope of work shall include two(2)rounds of permitting reviews and comments. Page 6 of 8 283 • One virtual meeting with the Building Department reviewers to clarify and discuss the comments received to assist in the approval for the Construction Documents. • The COUNTY will be financially responsible for any application fees and filing fees for the Building Department and any required reviewing agencies. TASK—5.1: 100%Construction Documents Following Building Department approval, CONSULTANT shall revise the Construction Documents to address all comments received from the Stakeholders and the Building Department. The 100% Construction Documents shall include the following information: • Cover Sheet with Project information. • General Notes and ADA Compliance Details. • Floor plans with annotation for doors, windows, partitions, enlarged plan and detail callouts and dimensions as required to document the construction. • Building reflected ceiling plans showing delineated spaces with ceiling heights, materials, ceiling devices and detail callouts as required to document the ceiling construction. • Interior elevations with annotation for materials,heights, equipment, and detail callouts as required to document the interior construction. • Finish Schedule as required to document the building construction. • Interior Details as required to document the interior construction. • Room, Occupancy,Finish and Door Schedules as required to document the building construction. • Millwork design is included, and will be shown in the floor plan, and interior elevations for concept only. The millwork contractor shall provide detail for the shop drawings. Millwork layout and elevations will be reviewed at the same time as the finish selection meetings. • Civil Engineering Drawings to document the Site improvements. • Structural Engineering Drawings to document the building foundation and structural design. • Mechanical Engineering Drawings to document all mechanical and HVAC building systems. • Electrical Engineering Drawings to document all electrical and low voltage building systems. • Plumbing Engineering Drawings to document all plumbing systems for the building. • CONSULTANT shall edit the specifications for all sections applicable to the project. TASK—6.0—Bidding Support • CONSULTANT shall provide bidding support services to the COUNTY to include the following: • CONSULTANT will assist the COUNTY with review and responses to up to thirty (15) bid RFI's during the bidding process. • CONSULTANT will assist the COUNTY in the evaluation of the bids and selection of alternate materials. • CONSULTANT will provide up to one (1) addendum to the Construction Documents to address bid RFI's and clarifications. • CONSULTANT will make recommendations to the COUNTY to facilitate bidding and award of the proj e ct. PHASE-7.0: —Construction Observation Services • CONSULTANT will provide Construction Observation support services to the COUNTY throughout Page 7 of 8 284 the duration of the project construction period. The Construction Observation scope of work shall include the following: • CONSULTANT will participate in a Kick-off meeting to commence the construction phase. • CONSULTANT will participate in up to 12 monthly construction meetings with the Contractor and the COUNTY. • CONSULTANT shall conduct up to 12 monthly Site Observations to document the progress the construction. A Site Observation Report will be written and distributed to document the condition of the construction. The Site Observations shall coincide with the Construction Meetings.Additional Site Observations due to delays in the construction will be considered an Additional Service. • CONSULTANT shall conduct up to 12 additional site visits as needed to facilitate construction related issues, field changes,or review of field conditions at the request of the contractor and County. • CONSULTANT will review and sign the Contractor's monthly partial payment request. The draft of the Contractor's monthly partial payment request will be presented during the monthly construction meeting. • CONSULTANT shall conduct a Substantial Completion Site Observation to document that the construction has achieved Substantial Completion. • CONSULTANT shall provide a punch list of work to be corrected or completed for compliance with the construction documents once the project has achieved Substantial Completion. • CONSULTANT shall review and respond to up to thirty(30) Requests for Information(RFI's) from the Contractor.Responses shall be provided within a timely manner.BFI's that are due to insufficient or unclear information in the Construction Documents will not count towards the number of RFI's. • CONSULTANT shall review up to thirty (30) product submittals and/or shop drawings for conformance with the design intent of the Construction Documents. Responses shall be provided within a timely manner. PHASE-8.0: Commissioning and Close Out Services • CONSULTANT will provide support services to the COUNTY to document the commissioning of equipment, completion of the construction, and close out the project. The Commissioning and Close Out scope of work shall include the following: • CONSULTANT shall observe and review the building lighting controls, HVAC Test & Balance, power distribution device settings, water flow testing and commissioning of selected equipment as required by the specifications. • CONSULTANT shall conduct a Final Site Observation visit to verify that all Punch List items have been properly addressed by the Contractor. Multiple Final Site Observation due to incomplete construction will be submitted for an Additional Service. • CONSULTANT shall revise the Construction Documents to develop Record Drawings from the "As- built mark- ups"provided by the Contractor. • CONSULTANT shall review for completeness and accuracy the Maintenance Manuals compiled by the Construction Manager. Page 8 of 8 285