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Item C01
CI 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 April 17, 2024 Agenda Item Number: C 1 2023-2314 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Debra London N/A AGENDA ITEM WORDING: Approval of a contract with McFarland Johnson, Inc., for the engineering design and permitting phase of the Crane Blvd Shared Use Path(Upper Sugarloaf Key) project in the amount of$485,373.00. The project is funded by the Federal Highway Administration (FHWA) through a Florida Department of Transportation (FDOT) Local Agency Program (LAP) agreement G21`57. ITEM BACKGROUND: In 2021, Upper Sugarloaf residents requested that Monroe County construct a sidewalk from their neighborhood to the Sugarloaf School. This contract is for the engineering design and permitting of an asphalt shared use path on Crane Boulevard from Hawksbill Lane at the north end to the intersection with US 1 at the south end. Engineering staff applied for and received a grant through the FDOT Transportation Alternative Program (TAP)program for the design and permitting phase. Responses to the Request for Qualifications for Engineering Design and Permitting Services for the Crane Blvd Shared Use Path Project on Sugarloaf Key were received by the Monroe County Purchasing Department on June 29, 2023, and the Selection Committee ranked the 7 respondents at a meeting on August 9, 2023, with McFarland Johnson, Inc. achieving the highest ranking. FDOT provided concurrence to negotiate with McFarland Johnson, Inc. on August 11, 2023 and concurrence to contract on March 21, 2024. In addition to the design grant for the project, staff also submitted a 2023 FDOT Transportation Alternatives Program (TAP) grant application for the construction phase, which was awarded by FDOT on May 9, 2023. Construction funds for the project will be programmed in the 2028 FDOT Work Plan under a separate construction grant agreement. PREVIOUS RELEVANT BOCC ACTION: September 20, 2023 - The BOCC approved negotiations with McFarland Johnson, Inc., for the engineering design and permitting phase of the Crane Blvd Shared Use Path(Upper Sugarloaf Key) project. 18 July 19, 2023 - The BOCC approved by resolution a Florida Department of Transportation (FDOT) Local Agency Program (LAP) agreement for engineering design and permitting for the Crane Blvd Shared Use Path(Upper Sugarloaf Key)project in the amount of$489,621.00. March 22, 2023 - The BOCC approved the Monroe County Planning - Transportation Planner committee ranking of the 2023 FDOT Transportation Alternatives Program projects. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of a contract with McFarland Johnson, Inc., for the engineering design and permitting phase of the Crane Blvd Shared Use Path(Upper Sugarloaf Key) project in the amount of$485,373.00. DOCUMENTATION: 451637-38 - MJ Contract-Design Crane Blvd Shared Use Path Sugarloaf signed.pdf FINANCIAL IMPACT: Effective Date: April 17, 2024 Expiration Date: as required for FDOT LAP grant closeout. Total Dollar Value of Contract: $485,373.00. Total Cost to County: $0 Current Year Portion: $250,000.00. Budgeted: yes Source of Funds: FDOT TAP grant CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: yes County Match: 0% TAP Design 100% funded by FDOT. Insurance Required: no Additional Details: FDOT LAP Grant agreement G21`57 $489,621.00; FM 451637-1-38-01; Federal No. D623-047-B Insurance Required: yes Additional Details: 19 AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR CRANE BLVD SHARED USE PATH PROJECT This Agreement ("Agreement") made and entered into this day of 20 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"), McFarland Johnson, Inc., a Florida Foreign Profit Corporation, whose address is 4601 Sheridan Street, Suite 500, Hollywood, Florida 33021, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Engineering Design and Permitting Services for Crane Blvd Shared Use Path Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to Engineering Design and Permitting Services for Crane Blvd Shared Use Path Project; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project 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. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable -5- 20 for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon 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. 1.1.8 The CONSULTANT shall complete the scope of services no later than 18 months after the award date for the design, plus 9 months construction of the Crane Blvd Shared Use Path Project. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION 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. The Consultant shall comply with the requirements of section 337.015, F.S. Claims against the Consultant for time overruns and substandard work products not in conformance with contract specifications shall be vigorously pursued. 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 -6- 21 be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Kevin Wilson, P.E. Acting Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: John Mafera, Vice President McFarland-Johnson, Inc. 4601 Sheridan Street. Suite 500 Hollywood, Florida 33021 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services Attachments A and B. 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. FDOT will not fund additional services other than the scope as set forth in Basic Scope of Services. Any additional services must be funded and approved by the Board of County Commissioners. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 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 -7- 22 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 that the COUNTY has immediate access to 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, subconsultant(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S 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. -8- 23 5.6 FDOT INDEMNIFICATION To the extent provided by law, CONSULTANT shall indemnify, defend, and hold harmless the COUNTY and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of CONSULTANT, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by CONSULTANT. The foregoing indemnification shall not constitute a waiver of the Department's or COUNTY's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by CONSULTANT to indemnify COUNTY for the negligent acts or omissions of COUNTY, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by CONSULTANT to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel (and provide resumes) 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 John Mafera Principal in Charge Edil Pena, PE Project Manager Caique Martins, PE Structural Engineer Richard Tarntino Designer Christopher Cate Engineer David Rosa Chief Scientist Corinne Steinmuller Senior Scientist Ryley Haskins Scientist Douglas Hess Scientist So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately, but this does not require a formal amendment to the Agreement. ARTICLE VII COMPENSATION -9- 24 7.1 COMPENSATION BASED ON DESIGN PHASES Prime Consultant McFarland-Johnson, Inc. Lump sum $ 310,223.00 Project Administration and Coordination Roadway Design Utilities Coordination Environmental Permits, and Env. Clearances Structures - Retaining Walls Signing & Pavement Marking Design Subconsultants HP Consultants, Inc Lump Sum $ 51,675.00 Geotechnical Investigation Hadonne Corp Lump Sum $ 47,946.00 Land Surveying — Basic (proposed trail area) A.M.I. Engineering, LLC Lump Sum $ 57,265.00 Drainage Design McFarland-Johnson, Inc. reimbursable expenses Not to Exceed $5,000.00 Optional Service — Post Design Services Lump Sum $13,264.00 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on work completed for each of the design phases outlined in Attachment A and B. The Lump Sum Amount of $467,109.00; not to exceed reimbursable expenses in the estimated amount of $5,000.00; and optional post design services in the lump sum amount of $13,264.00 for a total contract amount of $485,373.00 four hundred eighty five thousand three hundred seventy three dollars and zero cents ($485,373.00) will apply to this Agreement. 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 based on completed work for each design phase. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially 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 -10- 25 CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 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 VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer 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. -11- 26 B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims 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 $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 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 $300,000 per Person, $500,000 per Ocurrence, $200,000 Property Damage or $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 48 months following the termination or expiration of this contract. E. Engineer's Errors and Omissions 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/Engineer's Errors and Omissions 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 Certificate holder, FDOT shall be named as Certificate holder and the COUNTY and FDOT shall be named as additionally insured and certificate holder as well on policy 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 and FDOT as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. ARTICLE IX MISCELLANEOUS -12- 27 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 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 A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party 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 five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not -13- 28 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 CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to 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. E. For Contracts of any amount, if the County determines that the Contractor/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 Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/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 Contractor/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 Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B, C, D, E and F, 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 -14- 29 repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND THE RIGHT TO AUDIT 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 ten years from the final payment or termination of this agreement or from the final expenditure report as per 2 C.F.R. 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 ten years following the final payment or termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 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 County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all -15- 30 foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subconsultants, suppliers, and consultants representatives. All records shall be kept for ten (10) years after Final payment or termination fo this agreement. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Consultant pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Consultant shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Consultant. The right to audit provisions survives the termination of expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of- pocket expenses in appellate proceedings. -16- 31 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this 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 COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I 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 -17- 32 Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disabilities; 4)The Age Discrimination Act of 1975, as amended (42 USC§§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the 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 -18- 33 by the employer, or is consistent with the contractor'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 by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, -19- 34 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. If federally funded by FHWA, FAR 52.203-5 Covenant Against Contingent Fees applies to this Agreement. 9.21 PUBLIC ACCESS. Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT . Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT -20- 35 must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT . A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT 'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(aDMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. -21- 36 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract fee 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. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 448.095, 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 subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. The Consultant shall comply with and be subject to the provisions of F.S. 448.095 -22- 37 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and consultants shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and 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. For specific instructions, refer to FDOT form 275-030-11. 9.31 UNCONTROLABLE CIRCUMSTANCES Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONSULTANT'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Consultant under this Section. Consultant shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Consultant shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Consultant may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 9.32 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended including but not limited to: 9.32.1 Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, the Federal Water Pollution Control Act as amended, and the National Environmental Policy Act and will report violations to FDOT, FEMA, and the Regional Office of the Environmental Protection Agency (EPA), as needed. -23- 38 9.32.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Consultants and Subconsultants on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Consultant. The consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The consultant or subconsultant shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime consultant shall be responsible for the compliance by any subconsultant or lower tier subconsultant with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a consulant and subcosultant as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each consultant and subconsultant must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the consultant or subconsultant, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. -24- 39 9.32.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No consultant or subconsultant consulting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the consultant and any subconsultant responsible therefor shall be liable for the unpaid wages. In addition, such consultant and subconsultant shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the consultant or subconsultant under any such contract or any other Federal contract with the same prime consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime consultant, such sums as may be determined to be necessary to satisfy any liabilities of such consultant or subconsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The consultant or subconsultant shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the subconsultant to include these clauses in any lower tier subcontracts. The prime consultant shall be responsible for compliance by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4). 9.32.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, -25- 40 or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.32.5 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387)and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of $150,OOO.The contsultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal Agency. The consultant agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 9.32.6 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Consultant is required to verify that none of the consultant's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.32.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are -26- 41 forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the consultant to the county 9.32.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement- guideline-cpg-program. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Other Federal Requirements: 9.32.9 Americans with Disabilities Act of 1990 (ADA) —The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.32.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and consultants shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts, including but not limited to 2 C.F.R. §200.321. 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.DBE participation is a goal, not a requirement. 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 -27- 42 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: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. 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; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v.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. 9.32.11 The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. 9.32.12 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � 200.216. Recipients and subrecipients and their consultants and subconsultants may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY and CONSULTANT should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States -28- 43 (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. The CONSULTANT is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the FDOT. 9.32.13 Energy Efficiency- CONSULTANT will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 9.33 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract and all consultant subcontracts. a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment C. b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. 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. e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub-consultants during the term of the contract. -29- 44 f). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29.10, Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will utilize the FDOT Equal Opportunity Compliance (EOC) web based application designed to manage the DBE Program and ensure compliance of DBE reporting. The EOC Consultant module is for Prime Consultants to report their Bidder Opportunity List, DBE Commitments, and DBE Subpayments. The Prime Consultant is responsible for DBE reporting on Construction, Maintenance, Professional Services and Local agency contracts. FDOT has a race neutral program with an 10.65% goal. For specific instructions, refer to FDOT form 275- 030-11. Attachment D.DBE form 275-030-11. g). The CONSULTANT will complete and submit the most current version of the following FDOT forms included in Attachment E: Form Number Form Name 375-030-30 Truth in Negotiation Certification 375-030-50 Conflict of Interest Certification 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntar Exclusion for Federal Aid Contracts 375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 375-030-34 Standard Form-LLL, Disclosure of Lobbying Activities if required) The Bid Opportunity list (Professional Services Commitment) form 375-030-83 is required and included in Attachment F. h). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT requirements utilizing the appropriate FDOT form after final acceptance as part of the project closeout process. i). Acquisition of tangible capital assets for COUNTY ownership through service contracts is normally not acceptable. The requirements of Rule 60A-1.017, F.A.C., must be considered when this is necessary. Property acquired as part of a service contract must be handled in accordance with FDOT Procedure No. 350-090-010, Tangible Personal Property Procedure. j).Allowable Costs: CONSULTANT shall refer to Code of Federal Regulations: 48 C.F.R. Part 31, Subpart 31.2 - Contracts With Commercial Organizations for cost principles and definitions of allowable costs. A determination of allowable costs in accordance with Federal cost principles will be performed for services rendered under the contract. k.) The Parties agree to comply with s.20.005(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.005(5), Florida Statutes. I.) No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. This statement must be incorporated in all contracts related to this project. m.) For all FHWA federally funded projects: Section 287.057 F.S; 23 CFR 1.33; 23CFR 172.7(b)4; and FAR 52.203-5 will also apply to this agreement. -30- 45 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. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY Date: j'AA11 1-17420TIMW2-�' CHRISTrNE 1JMBFftT-BA;LR0W,% ASSISTANT COUNTY ATTORNEY DATE _3/22/24 (Seal) McFarland Johnson, Inc. Attest: BY: David R. Rosa K2 By: John MaferAay I- 4 � Title: Sr. Project Manager Title: Vice Presiden END OF AGREEMENT 46 ATTACHM ENT A SCOPE OF SERVICES -32- 47 1.0 DESIGN DEVELOPMENT The Consultant will evaluate existing adjacent environment and habitat and provide a design that eliminates or minimizes impacts to the surrounding environment and habitat. 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the following: 1. Florida Department of Transportation Roadway Plans Preparation Manuals http://www Jot.state.fl.us/rddesign/PPM Manual/PPM.shtm 2. Florida Department of Transportation Design Standards http://www.dot.state.fl.us/rddesign/DesignStanda rds/Standards.shtm 3. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways http://www.dot.state.fl.us/rddesign/ loridaGreenbook/FGB.shtm 4. Florida Department of Transportation Surveying Procedure http://www2.dot.state.fl.us/proceduraldocuments/i)rocedures/bin/550030101.pdf 5. Florida Department of Transportation Drainage Manual http://www Jot.state.fl.us/rddesign/dr/files/2008Draina�eManual.�df 6. Manual on Uniform Traffic Control Devices (MUTCD) http://mutcd.fhwa.dot.gov/ 7. American Disabilities Act http://www2.dot.state.fl.us/proceduraldocuments/i)rocedures/bin/625020015.pdf 8. Florida Department of Transportation Flexible Pavement Design Manual http://www.dot.state.fl.us/�entma�ment/PUBLICATIONS.shtm 9. Florida Statutes l!pa//www.le�.state.fl.us/Statutes/index.cfm?Mode=View°/®20Statutes Submenu=1 &Tab=statutes&CFID=14677574&C TOKEN=80981948 2.2. The Consultant shall provide Drawings and applicable Technical Specifications for the County's review. 2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 3 sets of Construction Documents that have been signed and sealed by the Consultant. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. 2.4 The Consultant shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. -33- 48 2.5 The Consultant's construction documents (plans, specifications, etc)will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.6 The County shall be responsible for the timely submittal of all permit application fees. 2.7 At the 30%, 60% 90% and 100% design phases the Consultant shall provide drawings and other documents which depict the current status of design for the County's review and information. At 90% design the Consultant shall submit the drawings for FDOT ERC (electronic review comment) and provide accepted responses to FDOT within 30 days. The Consultant shall provide an estimate of anticipated construction costs and construction schedule. 2.8 As needed, the Consultant will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Structures Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 3.2 Specifications — For general specifications, FDOT Specifications will be used. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.3 Schedules — Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. -34- 49 4.0 CONSTRUCTION COST Contemporaneously with the submission of the Design, the Consultant shall submit to the County in writing its final Opinion of Probable Construction Cost (OPCC) for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Consultant. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Consultant and the sub- consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.0 CONSTRUCTION PHASE 5.1 The Consultant shall review and approve or take other appropriate action upon Contractor submittals and requests for information. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. 5.2 The Consultant will provide answers to Requests for Information (RFIs) from the Contractor, as needed during construction and will implement any required plan revisions. 5.3 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. 5.4 The Consultant must reimburse the County for any "added costs" paid by the County for additional construction cost that were incurred as a direct result of any error, omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency or conflict in the work product.The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the project or would have been incurred had no error, omission or deficiency occurred, and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of current field conditions by the Consultant or subconsultants. -35- 50 5.5 The Consultant shall furnish to the County, upon project completion, the following: • 2 sets of 11" X 17" signed and sealed Record Drawings • 2 sets of final documentation • 1 set of final as built CADD and pdf files on CD including a table of drainage structures with GPS coordinates labeled for each structure The Consultant's Engineer of Record in responsible charge of the project's design shall professionally endorse/certify the record prints, the special provisions and all reference and support documents. 5.6 The Consultant will attend the pre-construction meeting and as needed, attend the periodic construction progress meetings. -36- 51 RFQ Engineering Design Services for Crane Blvd Shared Use Path ATTACHMENT B Prime and Subconsultants Scope and Fees -49- 52 Scope and Fee Proposal °. ' McFarialid Johiisori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path SCOPE OF WORK AND FEE PROPOSAL Proposed Scope of Services for Engineering Design and Permitting Services for Crane Blvd Shared Use Path Sugarloaf Key Project Monroe County FDOT FPN 451637-1-38-01 1 PROJECT DESCRIPTION The project, Engineering Design and Permitting Services for Crane Blvd Shared Use Path Sugarloaf Key Project, consists of the preparation of the design and environmental permits for the construction of a 5,300 foot long by 10 foot wide asphalt shared use path along the east side (north bound) of Crane Boulevard on Upper Sugarloaf Key, between mile marker 19 and mile marker 20. Crane Boulevard is a two-lane county road with unpaved shoulders and environmentally sensitive areas on both sides including state-owned conservation lands. See Request for Competitive Solicitation issued by Monroe County including a detailed description and location of the project. The path will be constructed with a limerock base and asphalt surface, adhering as applicable design standards from the Florida Department of Transportation (FDOT), with provisions for drainage improvements and detectable warning surfaces compliant with Americans with Disability Act (ADA). The design must address the varying elevations of the east shoulder and be resilient to sea-level rise (SLR) impacts, utilizing data from the ongoing SLR Roads Vulnerability Study. 2 SCOPE OF SERVICES The sections below describe in detail the scope of services to be accomplished by McFarland-Johnson, Inc, ("the Consultant" or "the Engineer") and our subconsultants for this project.The scope of services and estimated fees responds to the letter dated September 20, 2023, issued by Monroe County approving contract negotiation and the Request for Competitive Solicitation (Section 2 - Scope of Work) included. Additionally, the estimated fees have been adjusted and revised in accordance to review comments and requests from Monroe County. The following disciplines or services would be provided by small business subconsultants; therefore, there detailed fee estimates are presented in the Exhibits section. - Geotechnical Investigation: HP Consultants, Inc. (Disadvantage Business Enterprise(DBE)) - Land Surveying: Hadonne Corp. (DBE) - Drainage Analysis and Design Support: A.M.I. Engineering, LLC (DBE) 2.1 PROJECT GENERAL TASKS This task also includes the completion of the project's specifications package as well as the Contract Maintenance and Project Documentation for the duration of the project and the Digital Delivery of contract documents to Monroe County. In addition, scope includes attendance of the Project Manager to the following: - One (1)Typical Section Meeting - One (1) Right of Way Meeting - One (1) Drainage Meeting - One (1) Utility Coordination Meeting - Phase Review Meeting for 30, 60, 90 and 100 percent milestones www.irnjliinc a:a.:zimp 1 53 Scope and Fee Proposal °. ' McFarialid Johinori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path o According to the RFP Section 3.6, percent milestones for design (including typical sections)are 60%, 90%and 100%, these % milestones would be subject to FDOT ERC review. o Due to project location and environmental sensitivity, a 30%design (alignment and typical section) will be submitted to Monroe County for review(not for FDOT ERC review). The 30%design would be used as internal coordination between Monroe County and the Consultant for design alternatives, FDOT design variations and minimization of environmental impacts. • The length of the contract includes an estimated 18-month design period and a 9-month construction phase for post design services. Post Design Services are considered and presented as Optional Services (see Section 2.6). • The Consultant will track the execution of the Design Contract and document interactions with regulatory agencies and submittal of permit applications.The permit application fees, including any mitigation fees, are not included in the estimated budget presented in Section 2.6, and these will be considered as pass-through expenses. The Consultant will invoice Monroe County for these expenses, and Monroe County will reimburse the Consultant for the permit fees and direct expenses in connection with the project. The Consultant shall ensure that design and construction documents conform to federal, state, and local codes and regulations, including ADA Public Rights-of- Way Accessibility Guidelines and ADA Standards for Accessible Design. • The Consultant will coordinate with Monroe County for compliance with Chapter 118 (Environmental Protection) of the Monroe County Land Development Codes for unavoidable impacts to wetland and natural habitats. • The Consultant will prepare construction documents for County approval, including drawings and specifications. • At the 60%, 90%, and 100% design phases, the Consultant will provide drawings, documents, anticipated construction costs, and construction schedules for County and FDOT review. • Address and respond to the comments from FDOT ERC from 60, 90 and 100% reviews, and seek plans approval. • Upon approval, the Consultant will provide signed and sealed Construction Documents along with an electronic version as per Section 4.4 of Request for Competitive Solicitations. 2.2 STUDY PHASE 2.2.1 Geotechnical Investigation The Scope includes the development of a report of core borings and soil test sheet in AutoCAD and a series of tests for drainage and retaining walls. Geotechnical Tests will be conducted in accordance with AASHTO (American Association of State Highway Officials), ASTM (American Society of Testing Materials) standards and practices for the local work as appropriate. The field conditions will constrain the movement of the drilling rig. The rig may need to operate within Monroe County right-of-way,from the shoulder and grassy areas outside of the travel lane and avoiding overhead powerlines and wetland impacts.The proposed drilling work will require obtaining a Maintenance of Traffic (MOT) permit. Please refer to Exhibit D for detailed scope of services and fee estimate to be provided by HP Consultants, Inc. 2.2.2 Land Surveying(Basic Services) A survey will be prepared along Crane Boulevard for 5,300 feet from the intersection of US1/SR5 to the west of Hawksbill Lane, extending from Centerline Crane Boulevard pavement to the east/north right of way to cover the design area of the proposed trail segment. Survey effort includes: • Route Survey within the limits of the above described site which includes www.imjliinc'a:a.:zimp 2 54 Scope and Fee Proposal °. ' McFarialid Johinori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path o The location of topographical improvements within the limits of the project will be obtained. These will include pavements and sidewalks, fences and walls abutting right of way, trees to include sizes and types, the location of water, sewer and drainage structures with the depiction of Rim and Grate for existing structures such as inlets and catch basins, as applicable. Pipe sizes, directions and inverts will be obtained on drainage structures within the project limits. Topographic information will be obtained sufficiently for the design purposes as specified. Cross sections will also be taken at 50-foot intervals along the project from centerline of crane boulevard northbound/westbound to the east/north right of way. Elevations will be taken sufficiently to include all changes of grades as well as and more condensed at areas of side street and intersections. • Utility Location and Identification — Existing utility depiction will be limited to visible mark outs (by others, not in contract)for drainage, water distribution, power, gas, and sanitary systems within the subject site. Visible features of utilities will be located and shown in drawings. • Establish horizontal and vertical survey controls. • Establish local existing right of way monuments to determine physical location for the road alignments. • Survey drawings will be prepared in electronic format with deliverables both in hard copies and CADD format. • Survey will be in accordance with Standards of Practice set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17 Florida Administrative Code pursuant to Section 472.027 Florida Statutes. • Survey control will be referred to NAD83(NA2011)and NAVD88, horizontal and vertical datums, respectively, unless otherwise directed prior to mobilization. Please refer to ExhibitE for detailed scope of services and fee estimate to be provided by Haddone Corp. 2.2.3 Environmental Studies 2.2.3.1 Preliminary Project Research Preliminary project desktop research would be performed for early identification and the need of environmental coordination with the following agencies(as applicable)so design efforts are properly directed toward permit requirements: • FDOT • Florida Fish and Wildlife Conservation Commission (FWC) • Monroe County Engineering Department • Monroe County Planning and Environmental Resource Department • State Historic Preservation Office (SHPO) • South Florida Water Management District(SFWMD) • US Fish and Wildlife Service (USFWS) • US Army Corps of Engineers (USACE) 2.2.3.2 Wetland Delineation A field wetland delineation will be performed along the 5,300 linear foot Monroe County right-of-way, where the proposed multi use path will be constructed. Field data and information will be collected and analyzed to determine the approximate boundaries of regulated wetlands and surface waters defined by the rules or regulations under the SFWMD and USACE, as these are key agencies processing or reviewing permit applications necessary for the construction of the project. The following activities are considered under this scope of work: www.imjliinc'a:a.:zimp 3 55 Scope and Fee Proposal °. ' McFarialid Johinori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path • Determine landward extent of state and federal regulated waters within the project boundaries defined in the Request for Competitive Solicitation • Prepare aerial maps showing the jurisdictional boundaries of wetlands and surface waters • Verification of jurisdictional lines from the SFWMD and USACE, which assumes a site visit with each agency • Preparation of a written assessment for the current condition and relative values of the functions being performed by wetlands and surface waters within the project area. • Present data in tabular form which includes the ID number for each wetland to be impacted, size of wetland to be impacted,type of impact and identify any wetland within the project limits that will not be impacted by the project. • Wetland verification and field review site visit will be coordinated with the USACE and SFWMD, including the finalization of wetland assessments (i.e., function and values). 2.2.3.3 Level I Contamination Desktop Screening Evaluation A contamination screening evaluation of the project area would be performed consisting of a desktop review of readily available agency data bases, including current and historical records and a site reconnaissance to visually identify evident past and present activities that have the potential to impact areas in, or immediately adjacent to, project construction. As per FDOT PD&E Manual,Chapter 20,the Level I evaluation does not involve sampling and testing soil,groundwater,or other substances and materials. It is assumed that the information to be obtained from the Level I evaluation would be sufficient enough to determine potential contamination risk on the project. This scope of work includes the following activities: • Review of environmental records readily and publicly available through agency databases (i.e., FDEP, EPA and Monroe County • Field review and site reconnaissance by and Environmental Professional • Review of historical aerial photos, city directories and Sanborn maps, if available • Review Topographic Maps from the US Geological Survey(USGS) • Review of USGS Geologic Maps • Owner(Monroe County) Interview • Review contamination risk rating • Level I Evaluation Report (Technical Memorandum) Search distance for database search and review would be up to 500 feet from proposed project limits. According to a preliminary site reconnaissance and search through Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA) publicly available databases, contaminated areas are not expected to be present within the project footprint, therefore, no further investigation is considered under our scope of work. Also, no structures or buildings are proposed to be demolished or impacted by the project, therefore, testing for asbestos containing material (ACM) is not included in our scope of work. Therefore, a Technical Memorandum or contamination clearance letter to document screening, methodology, data reviewed and, findings and conclusions. Information to be included in the Technical Memorandum would also include project description, land uses, hydrologic features, foreseeable impacts (related to the Level I Contamination Desktop Screening), and appendices. www.imjliinc'a:a.:zimp 4 56 Scope and Fee Proposal °. ' McFarialid Johinori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path 2.3 DESIGN PHASE 2.3.1 Roadway Analysis A Roadway Analysis is required for the design of the shared used path following FDOT requirements. This involves an "iterative" research and analysis of multiple issues affecting the project.These will be studied before recommendations for the various design elements are finalized.The Consultant will evaluate project path alignment along the East/North side of Crane Boulevard and prepare a proposed typical section package to be submitted to Monroe County Engineering Department and the FDOT for approval.The proposed typical section for the shared use path is limited to working from the existing northbound/eastbound edge of pavement to the east/north side right of way. No new work or modifications will be carried out on the existing Crane Boulevard or any other existing road. The design effort includes developing shared used path alignment, profile, and cross-sections every 50 feet, and temporary traffic control, all per FDOT requirements and standards. Based on available information, up to three (3) Design Variations are anticipated as part the design effort: 1. Separation from Roadway 2. Minimum width 3. Lateral Clearance A design variation package will be prepared and submitted to Monroe County and FDOT for review and approval. The roadway analysis will also include the analysis and design of related signing and pavement marking modifications, such as crosswalks and relocation of signs. In addition, this task includes the preparation of an Engineering Cost Opinion during the 60%, 90%and 100%design phase submittal. According to the RFP Section 3.6, percent milestones for design (including typical sections) are 60%, 90%and 100%, these percent milestones would be subject to FDOT ERC review. Due to project location and environmental sensitivity, a 30% design (alignment and typical section) will be submitted to Monroe County for review(not for FDOT ERC review). The 30% design would be used as internal coordination between Monroe County and the Consultant for the design alternatives, FDOT design variations and minimization of environmental impacts. 2.3.2 Drainage Analysis This task will include analysis and documentation of the project area and ensure that the proposed drainage system satisfies the requirements of the additional impervious area to be added by the proposed shared use path (water quantity/water quality). As part of this task, the base clearance water elevations will be determined through geotechnical results. The proposed drainage system will be evaluated, designed, and permitted, considering the environmental constraints,adjacent wetlands and SFWMD Design Requirements. We will also compile the design documentation and calculations into a drainage report to be submitted to Monroe County and FDOT for review. 2.3.3 Utility Coordination Scope includes requesting and reviewing the existing applicable information from utility companies within the project corridor that needs to be included in the design drawings. These services also include coordinating with the utility companies of potential conflicts and impacts. www.imjliinc'a:a.:zimp S 57 Scope and Fee Proposal °. ' McFarialid Johinori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path 2.3.4 Roadway Plans This task includes the preparation of the construction drawings and specifications for the proposed shared use path. This task is based on four(4) submittals: 1. 30% Design (alignment and typical section) 2. 60% Design 3. 90% Design 4. 100% Design For 60%, 90, and 100% design deliverables, MJ will complete the required plans, including a Key Sheet, a summary of pay items, drainage maps,typical section sheets, general notes sheet, summary of drainage structures, roadway and pavement markings plan sheets at scale 1:40, profile sheets at scales 1:40, miscellaneous detail sheets, drainage structure sheets, stormwater pollution prevention plan, temporary traffic control sheets, and the addition of the geotechnical information drawings and project network control information as provided by the geotechnical engineer and the surveyor. 2.4 ENVIRONMENTAL PERMITTING 2.4.1 SFWMD Environmental Resource Permit(ERP)Application The Consultant will prepare and submit an ERP application package to the SFWMD on behalf of Monroe County. The application package would be submitted through the SFWMD ePermitting system. The ERP Application package include completing forms and environmental support documentation (e.g., wetland delineation, impact calculations, UMAM forms). The ERP Application package would also include the required engineering documents(i.e.,design plans(permit set) with cross sections and plan views, drainage report and geotechnical report), such as: Plan View, Cross Sections, Permit Sketches, drainage report, calculations, design and construction methodology. We will conduct project related research and file reviews including agency permit file reviews and documentation. Furthermore, preparation of graphics and maps for permit package including soils, topographic and FLUCCS/Land use maps, and threatened and endangered species documentation from USFWS& FFWCC. A Pre-Application meeting will be coordinated and conducted prior submitting the ERP Application package to the SFWMD. Requests for Additional Information (RAIs) from the SFWMD will be coordinated, addressed and responded as part of this task.Additional follow up meeting would be conducted as part of responding to the RAIs, as needed. The Consultant will coordinate with agency staff and actively track the status of the applications.This task does not include permit modifications that may be required during post design services. 2.4.1.1 SFWMD Wetland Off-Watershed Wetland Mitigation Bank and Cumulative Impact Analysis As it is assumed that all wetland impacts could not be avoided entirely, and a compensatory wetland mitigation must be prepared to satisfy state regulatory and permitting requirements. For the purpose of the wetland mitigation plan it is assumed that SFWMD would continue to accept the purchase of Monroe County mitigation credits from the Florida Power and Light- Everglades Mitigation Bank(FPL-EMB) as the viable option for off-site/off watershed wetland. www.imjliinc'a:a.:zimp 6 58 Scope and Fee Proposal °. ' McFarialid Johinori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path Our scope of services is based on the following approach. • State Mitigation via credits from Off Site FPL-EMB (SFMWD): This consists of offsetting the wetland impacts by assisting Monroe County with the process of the purchasing mitigation credits to comply with the state permitting process. The Consultant will not be responsible for the actual purchase of the credits. o This consists of mitigating state wetland impacts by assisting Monroe County during the process of purchasing available credits at the FPL-EMB. This effort involves assessing the quality,function and value of the wetland area implementing the Wetland Assessment Technique for Environmental Review(WATER) and establishing the necessary compensatory mitigation credits that Monroe County would need to buy from the FPL-EMB to compensate for unavoidable impacts as the result of the Project. This effort includes coordination with FPL- EMB and obtaining a quote or preliminary invoice letter and submitting a copy to Monroe County and the SFWMD during the permitting process. Currently, mitigation banks within Monroe County service area are not available.Since the nearest mitigation bank(e.g., available credits) is outside the Monroe County service area, a concise cumulative impact analysis (CIA) is required pursuant to Section 10.2.8,Applicant's Handbook Vol. I. The CIA would be presented as part of the ERP review process. Mitigation (credits) fees from mitigation banks are not included in our estimated fees (Section 2.6) and these shall be reimbursed by the Client if fees are paid by the Consultant. 2.4.2 USACE Section 404 Permit Application A Section 404 Permit Application package would be prepared to obtain USACE approval.The preparation of the Section 404 Permit Application package include: • Coordination with USACE; this assumes up to two (2) virtual meetings • Pre-application Meeting • Follow up/ Regulatory Review Coordination Meeting • Gather and incorporate data into the application package • Alternatives Analysis addressing avoidance and minimization to Waters of the U.S. • Coordination with engineering team for preparation and submittal of permit sketches (e.g., Plan View and Cross Sections) and other information for the proposed activity • Define extent of impact areas subject to Section 404 of the Clean Water Act(CWA) A Pre-Application meeting will be coordinated and conducted prior to submitting the Section 404 Permit Application package to the USACE. RAls from the USACE will be coordinated, addressed and responded as part of this task. A follow up / regulatory review coordination meeting would be conducted as part of responding to the RAls, as needed. We will coordinate with USACE staff and actively track the status of the applications. This task does not include permit modifications that may be required during post design services. 2.4.2.1 USACE In-Leu-Fee Mitigation Program Compensatory wetland mitigation must be prepared to satisfy federal regulatory and permitting requirements for wetland impacts. For the purpose of the wetland mitigation plan it is assumed that the USACE would continue accepting the purchase www.imjliinc'a:a.:zimp 7 59 Scope and Fee Proposal °. ' McFarialid Johinori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path of mitigation credits by Monroe County from the Key Restoration Fund—In Leu Fee Program as the viable option for wetland mitigation. • Federal Mitigation via credits from Keys Restoration Fund—In Leu Fee(KRF-ILF) Program (USACE): o This consists of mitigating federal wetland impacts by purchasing available credits by Monroe County at a the KRF. As a federal mitigation option accepted by the USACE,this effort involves assessing the quality,function and value of the wetland area implementing the Uniform Mitigation Assessment Method (UMAM) and establishing the necessary compensatory mitigation credits that Monroe County would need buy from the KRF-ILF to compensate for unavoidable impacts as the result of the Project. It is assumed that Monroe County would purchase mitigation credit in order to fulfill the Section 404 permitting requirement and obtain project approval by the USACE. This effort includes up to two (2) virtual coordination meetings with KRF and obtaining quotes or preliminary invoice letters and submitting a copy to the USACE. Mitigation (credits) fees from mitigation banks or the USACE in lieu fee program are not included in our estimated fees (Section 2.6) and these shall be reimbursed by the Client if fees are paid by the Consultant. 2.4.3 FDOT Type 1 Categorical Exclusion After completion of the permitting process described above, the Consultant will assist with the preparation of a Type 1 Categorical Exclusion Checklist. The Type 1 Categorical Exclusion Checklist would be submitted to Monroe County and FDOT with permit approvals as support documentation. It is assumed that the FDOT would submit and process the Type 1 Categorical Exclusion through their Statewide Environmental Project Tracker (SWEPT). Review comments from Monroe County and FDOT will be coordinated, addressed and responded, as needed. 2.5 POST DESIGN SERVICES(OPTIONAL SERVICES) This section outlines the boundaries of our design scope of services for the Crane Blvd Shared Use Path Project and defines the limitations of services and responsibilities after the design phase is completed. 2.5.1 BASIC SERVICES • The Consultant will review and respond to Contractor's Shop Drawings submittals and Request for Information (RFI). • In the event of the contractor(s) misuse the RFIs process and adopt practices that negatively impacts of the RFI process (e.g., RFIs or shop drawings being submitted by the Contractor that are considered to be unjustified), the Consultant reserves the right to assess additional fees for the time and effort required to respond to such inquiries. The determination of whether an RFI or shop drawing is excessive or unjustified will be made at the sole discretion of the Consultant and will be coordinated with Monroe County. o It is assumed the construction contract documents would clearly state that the intent of RFIs process is to provide the contractor with a mechanism to pose a question to Monroe County or the Consultant concerning a requirement of the contract documents that is not clear to the contractor, the contractor finds conflicts, errors, or omissions that require notification to Monroe County and clarification or interpretation from the Consultant. • Upon design completion, the Consultant will provide two (2) sets of signed and sealed Record Drawings, two sets of final documentation, and one set of final as-built CADD files on electronic form. • The Consultant will attend one (1) pre-construction meeting at the Marathon Government Center, and up to ten (10) virtual construction progress meetings (via Zoom or MS teams), and 90%on-site inspection, if required. www.imjliinc'a:a.:zimp 8 60 Scope and Fee Proposal °. ' McFarialid Johiisori FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path 2.5.2 EXCLUDED POST DESIGN SERVICES • Any services that fall outside the original project scope. • Services required due to design changes that are not initiated or approved by the Consultant. • Services for issues resulting from inadequate or incomplete data or information provided by the County or third parties. • Services related to unforeseen site conditions or delays that are beyond the control of the Consultant. • Field reviews after the design phase is completed are not included. In the event that field reviews are required,these will be considered as additional services and will be charged on a time and material basis. Note: The Consultant will address design changes resulting from valid changes that should have been anticipated in design as per FDOT design standards. 2.6 ESTIMATED FEES Scope of Work Lump Sum Cost McFarland-Johnson, Inc. $310,223 Project Administration and Coordination Roadway Design Utilities Coordination Environmental Permits,and Env.Clearances Structures- Retaining Walls Signing& Pavement Marking Design A.M.I.Engineering, LLC $57,265 Drainage Design HP Consultants, Inc $51,675 Geotechnical Investigation Hadonne Corp $47,946 Land Surveying—Basic (proposed trail area) ESTIMATED FEE: $467,109.00 OPTIONAL SERVICES Lump Sum Cost Post Design Services $13,264 The fees may have to be revised if the Project/Scope definition changes from the description presented in this document.The permit application fees, including any mitigation fees and direct expenses, are not included in the estimated lump sum cost presented above, and these will be considered as pass-through expenses. The Consultant will invoice Monroe County for these expenses, and Monroe County will reimburse the Consultant for the permit fees and direct expenses in connection with the project. 2.7 GENERAL ASSUMPTIONS • The Consultant would provide engineering and environmental services as per detailed scope of work described in this document. Our scope of services is focused on the work entailed in providing engineering design and permitting services described in the RFP. For the purpose of this scope of work and fee estimate, the Consultant assumes that the project will avoid impacts on cultural resources and protected species and no additional studies are required. www.imjlinc'cx.)ire 9 61 Scope and Fee Proposal °. ' McFarland Johnson FDOT FPN 4S1637-1-38-01 Crane Boulevard Shared Use Path • Preparation of PowerPoint presentations, public meetings, board or county commissioners' meeting, general public meetings, public scoping or public involvement meetings and/or public hearings are not part of the scope of work; therefore, not included. • This effort does not include amendments to permit applications after submitted to regulatory agencies. • If the Client is aware of any specialized knowledge or studies that is material to recognized environmental conditions in connection with the project area or adjacent landowners, it is the Client's responsibility to bring it to the attention of the Consultant before a site visit is performed by the Consultant. • The Client will be responsible for providing all available information required to prepare and complete the scope of work as described in this proposal. • The Consultant cannot warrant the accuracy of the documents, records, or reports prepared by others. • Unforeseen site conditions, force majeure events and construction means and methods to be implemented by other(s) could affect conclusions presented in the technical reports, studies, permit conditions and design. • Scope of work considers only (1) one round of revisions by the Client or its legal representative and FDOT. • Any work/expenses that are not described in this proposal will not be performed without an agreement between the Client and Consultant. • Comments during the regulatory and permit application review process from the government agency(ies) that could require additional field work, and/or major modifications, additional field assessments/ reconnaissance/surveys, design and/or data validation, will be considered as additional technical support not covered in this proposal document and will be subject to additional cost to the Client. • Mitigation (credits) fees from mitigation banks or the USACE in lieu fee program and filing fees or processing fees required by government agencies are not included in our estimated fees(Section 2.6) and these shall be reimbursed by the Client if fees are paid by the Consultant. • The cost of any newspaper public notices,signs or boards at the Project site announcing the filing of any application or public comment periods are not included and shall be paid by the Client. • The Client will be responsible for a prompt review of any document submitted by MJ in relation to this proposal. Our schedule will be subject to the Notice-To-Proceed (NTP) and the date that the Client completes any required review. • Additional services that are not explicitly covered by the original design contract will be charged on a time and material basis. The Consultant will provide an estimate of costs associated with such services, and these costs will be communicated to the County for approval before work commences. Charges for additional services will include labor, expenses, and any other costs incurred in providing the services. • Before initiating any additional services, the County shall provide written authorization for the Consultant to proceed, acknowledging the associated costs and timeframe. • For post-design services, it is expected that Monroe County,the contractor,and the CEI will provide all information, documents, and support documentation to the Consultant in a well-organized and complete manner.This includes, but is not limited to, project-related data, reports, drawings, specifications, RFIs, shop drawings, field reports, and any other relevant materials. Any delays, inefficiencies, or additional costs resulting from incomplete or disorganized information may necessitate the assessment of additional fees and extension of project timelines. • The Consultant relies on the accuracy of the information collected by the Contractor and the CEI to complete the signed and sealed record drawings.The Consultant is not responsible for inaccuracies in the record drawings. www.imjliinc'a:a.:zimp 10 62 RFQ Engineering Design Services for Crane Blvd Shared Use Path ATTACHMENT B Subconsultants Scope of Services HP Consultants, Inc - Geotechnical Investigation Haddone Corp. - Land Surveying A.M.I. Engineering, LLC - Drainage Analysis and Design Support -50- 63 Scope and Fee Proposal McFarland Johnson FDOT FPN 451637-1-38-01 Crane Boulevard Shared Use Path Geotechnical Detailed Scope of Services and Fee Estimate www mjlinc'cxmn 64 HP Consultants Inc. Civil 9 CEI&CSS 9 Geotechnical 9 ITS&Transportation 10220 SW 107 St.,Miami,FI.33176 305.596.2857 4444 Inverrary Blvd, Lauderhill,FI.33319 954.278.6386 hpconaultantsinc a( .earthlink.net October 22, 2023 David R. Rosa, Sr. Project Manager McFarland and Johnson 4601 Sheridan Street, Suite 500 Hollywood, FL 33021 Sub: Proposal for geotechnical services for Crane Blvd. shared use path, Sugarloaf Key HPCI Proposal No.: GE-M&J-MC-23-01 Ref: Engineering design and permitting services for Crane Blvd. shared use path, Sugarloaf Key FDOT FPN 451637-1-38-01 Dear Mr. Rosa: As discussed with Mr. Edil H. Pena, PE, Sr. Project Manager, we are happy to provide this proposal for geotechnical services for Crane Blvd. shared use path, in the upper Sugarloaf Key (the Project). I. Background information Monroe County (the "County") has selected McFarland and Johnson (M&J) to design the proposed shared use path. HP Consultants inc. (HPCI, we) is its geotechnical sub consultant. Key details relevant to geotechnical services based on the Project RFP and input from Mr. Pena are given below: • The proposed asphalt shared path for pedestrians and bicyclists is 10-ft wide and 5,300-ft long. It is to be built on the East side of the existing Crane Blvd, a 2-lane County Road (with unpaved shoulders) within the County's right of way. It will begin at the intersection with US-1 and follow Crane Blvd to the north for 5,300-ft passing through generally residential neighborhood. The project site is located in an environmentally sensitive area (freshwater wetland) and the designer needs to get permits from, and coordinate with, many local and state agencies and departments. An appropriate system for surface water collection and disposal needs to be provided. The ground level at the site varies between -0.63- ft to +4.76-ft., NAVD 88. The design sea level rise (SLR) for the project is +2.76-ft NAVD 88. • Monroe County is executing this project for FDOT through LAP agreement and the project, including geotechnical work, is required to follow FDOT standards. • Our review of the aerial view of the project site showed that overhead powerlines were present just to the east of the 4000-ft long north-south leg of the proposed shared path alignment and hedge type sea grape bush was also present in some areas. HV II 65 Proposal for geotechnical services for Crane Blvd.shared use path,Sugarloaf Key HPCI Proposal No.: GE-M&J-MC-23-01 Page 2 • Mr. Pena and M&J's drainage engineer advised us on 10/20/23 that The location and details of the drainage system (for surface water collection and disposal)were not finalized. However, five double ring infiltration tests and five SFWMD type open-hole percolation tests in 15-ft deep augerholes were needed. Although the extent of the project's encroachment in the adjacent wetland area was not known, drilling in the wetland area was required to determine the thickness of the organic/deleterious materials and the virgin subsurface profile. M&J would advise us after the issue was clarified. In order to document the cross section of Crane Blvd., three shallow borings and asphalt cores within the existing roadway were needed. A retaining wall was to be built between the proposed path and the communication tower platform (located at about 15-ft clear distance from the east edge of the Crane Blvd.) Collecting bulk samples for resilient modulus determination (MR) was not required. • We agree on the reimbursable items fee of $27,046.98 and all combined person-hour fee of $24,628.48 following FDOT method and the total fee of$51,675.46. II. Our approach and assumptions We will comply with designer's needs, FDOT standards, environmental permit requirements that M&J will identify for our work, and regulations governing geotechnical work that we are aware of. We will develop a boring and test location plan in consultation with M&J in due course since the planned alignment of the shared path and locations of drainage structures are being developed by the designers. We will coordinate with M&J's Project Manager throughout the duration of our work. Since the drilling will be performed adjacent to environmentally sensitive area, we will backfill the drillholes using clean fine sand. In order to comply with 2022 (the latest) FDOT Soil and Foundations Handbook (for the proposed alignment length and ground elevations given in Section I of this proposal), we will drill 19 SPT borings (about 300-ft interval) for the roadway. Eighteen borings will be 10-ft deep. One boring will be 30-ft deep that will serve as the structural boring for the retaining wall. Five 20-ft deep SPT borings will be conducted for drainage system for the five percolation tests. Three 4-ft deep SPT borings will be conducted in the existing pavement of Crane Blvd to assess its cross-section. Similarly, five 4-ft deep borings will be conducted to characterize the near surface soils at the exfiltration test locations. The muck/deleterious materials in Florida Keys often extend deeper than 10-ft. We therefore have included 30-ft of boring length on a provisional basis. The laboratory tests will include three corrosion series tests in addition to soil identification and classification tests. II 66 Proposal for geotechnical services for Crane Blvd.shared use path,Sugarloaf Key HPCI Proposal No.: GE-M&J-MC-23-01 Page 3 This proposal is based on the following assumptions M&J will advise us on all environmental issues and procuring any permit is beyond the scope of our work. Mobile traffic control (i.e., Maintenance of Traffic, "MOT") for partial lane closure will be required while drilling for all locations and M&J will arrange for the MOT permit waiver. LBR sample collection and testing is not required. The roadway soil survey sheet is not required. The percolation tests will be conduced in 10' deep auger borings. III. The scope of our work 111.1 Ste reconnaissance, boring location and MOT plans and marking of boring locations Upon authorization and receiving details of the finalized roadway and drainage system locations, we will conduct site reconnaissance, preferably along with M&J's representative. We will assess site constraints to the accessibility to our drilling rig, MOT, and operational safety. We will develop a boring location plan following the criteria (Section 11). After its approval from M&J Project Manager, we will mark boring locations in the field for utility clearance. We will develop a location-specific MOT plan following FDOT design standards. The reconnaissance work will be conducted in one site visit with or without M&J's representative. The mileage for the site visit is included in the Iumpsum mileage fee. 111.2 Utility Clearance and location of existing underground utilities/interfering structures We will obtain utility clearance through "Sunshine811." We will meet with utility company representatives for field verification as needed. Marking private utilities within the project site is the responsibility of their owners since it is not covered by Florida Statute 556. Owners of private properties (the County) need to mark their utilities on the grounds that are not covered by "Sunshine811". If we find any proposed boring location conflicting with any public and private underground utility, we will relocate it. If private utilities are not present at the site, the County needs to give us in writing that no private underground utilities/structures exist in the vicinity of the proposed drilling areas. We will begin field work only after either we receive such documentation, or the private utilities are marked on the ground and are shown to us. We, however, will work with the County on this issue. HPCI will not be responsible for any private underground utilities/structures if either they are not marked, or the markings are not visible at the time of our drilling. The utility clearance and observing the markings of existing utility locates on the ground will be limited to two site visits. The mileage for the site visits is included in the Iumpsum mileage fee. II 67 Proposal for geotechnical services for Crane Blvd.shared use path,Sugarloaf Key HPCI Proposal No.: GE-M&J-MC-23-01 Page 4 111.3 Field Exploration We will conduct eighteen 10-ft deep, one 30-ft deep, and five 20-ft deep SPT borings following ASTM D1586. We will extend the depth of 10-ft deep borings only when deleterious materials are encountered at the termination depth. We will collect three 2-in. diameter asphalt cores with 4-ft deep SPTs in the Crane Blvd pavement, conduct five SFWMD type (open hole constant head permeability) tests in 10-ft deep augerholes below the local ground level and conduct five double ring infiltration tests to obtain infiltration rates at ground level ( up to 3-in. below the ground level). We will conduct 4-ft deep SPT within a few ft of each infiltration test location. The Material recovered from the SPT borings will be classified in the field and will be transported to the laboratory for further evaluation. After completion of the field testing, we will measure the water table, remove materials generated during the drilling work and backfill boreholes to safe proof the site. We are not responsible for surficial collateral damage to the ground such as tire marks, drillhole marks, water spills, etc.-if any. Not included in the scope are the following: (1) land survey/measuring ground surface elevations and coordinates of boring locations; (2) monitoring Volatile Organic Compound (VOC) during drilling operations; (3) use of any drilling equipment other than truck-mounted drilling rig and (4) any other work requested after the field work is completed. 111.4 Traffic Control during field drilling We will implement traffic control following the plan(s) developed in accordance with FDOT design standards. 111.5 Laboratory tests A Professional Engineer will characterize SPT samples using ASTM's visual-manual procedure and classify the soils. We will conduct particle size analysis, percentage finer than #200-sieve, and natural moisture and organic content determination tests to aid soil characterization, classification, and determining the suitability of soils for roadway construction. Environmental corrosion series tests are not included. 111.6 Engineering analysis and report We will develop subsurface profiles using field and laboratory test data and develop geotechnical report per FDOT requirements providing the following information. 1. Summary of our field and laboratory work and our findings 2. CAD sheets showing boring locations, viz., "as drilled" boring locations schematically marked on sheets, preferably provided by M&J (for consistency and compatibility with other plans in the FDOT submittal) 3. Brief description of the regional and local geology for the site available from USGS II 68 Proposal for geotechnical services for Crane Blvd.shared use path,Sugarloaf Key HPCI Proposal No.: GE-M&J-MC-23-01 Page 5 4. CAD drawings of the Report of core borings, roadway soil survey and roadway soil profiles 5. Engineering assessment of subsurface materials including geotechnical design parameters and AASHTO and ASTM soil class respectively for the roadway and retaining wall and drainage structures' design; results of infiltration and permeability tests 6. Recommendations on the geotechnical and material aspects of design and construction of roadway cross section, drainage structures, and retaining wall including nominal bearing capacity, coefficients of lateral stress. etc. 7. Response to M&J's, County's, and FDOT's review comments 111.7 Project management and coordination We will manage geotechnical tasks stated in Section 111.1 to 111.6. We will coordinate with M&J's Project Manager throughout the duration of this project. We request the following from M&J for the report preparation: 1. Survey (locations and elevations) of as-drilled boring locations' conducted by a professional surveyor 2. Project alignment layout sheets (for developing our boring location plans) 3. Approvals for and precautions, if any, for drilling in the environmentally sensitive area 4. Coordination with the County for private utility location 5. County's waiver of MOT permit and any other help and coordination, if needed by us IV. Deliverables HPCI will provide a PDF copy of the draft report for review and the final report, digitally signed- and-sealed by a Florida Professional Engineer. V. Schedule Barring unforeseen circumstances, we plan to complete the field and laboratory work and submit the draft report in 45 days of receiving the work authorization. This duration is contingent upon the private utility location and clearance within one week. The final report will be submitted after the review comments are addressed. VI. Fee proposal and schedule of payments Appendix-A provides the fee proposal for our services. The terms of the reference agreement will govern the billing/ schedule of payments. We will submit monthly invoices. This proposal does not include engineering time for project meetings and site visits beyond those in the fee 1 Without the survey coordinates and spacing,we will mark locations schematically either on the M&J provided layout sheets or the ones prepare by us using Google maps.Without ground elevations,we will plot the profiles as a function depth below the local ground levels. • II 69 Proposal for geotechnical services for Crane Blvd.shared use path,Sugarloaf Key HPCI Proposal No.: GE-M&J-MC-23-01 Page 6 proposal and other field and laboratory testing beyond that is given in the scope of our work. We are, however, willing to provide these services, as needed, for additional fees. Our Principal Engineer will attend site visits and meetings. VII. Terms and conditions 1. HPCI shall not be held responsible in any manner for the failure and nonperformance of proposed structures, if others change our recommendations for any reason and/or, if the failure and nonperformance are caused by structures, elements, actions, and factors that are not a part of HPCI's work, or HPCI's recommendations are not properly implemented. 2. HPCI is not responsible for errors and omissions in the work of others that HPCI is required to use in its work as well as unforeseen conditions and incidents at the site. 3. HPCI shall be given at least three working days' advance notice for any meeting. 4. If HPCI is required either to stop its work in progress or its work is interrupted due to changes in the scope of work, HPCI reserves the right to claim reasonable charges for the stoppage/ interrupted work and re-mobilization. 5. The client shall advise HPCI on each and every known or suspected hazard at the work site above and below the ground surface including, but not limited to, toxic and hazardous materials, obstructions, unsafe conditions, operating and non-operating conduits and utilities, and workspace restrictions prior to mobilization. With this knowledge, HPCI reserves the right to modify the proposed work suitably to protect the safety of the personnel working at the site. In the event the client does not provide us with the information it knew, the client shall hold HPCI harmless of all the claims and suits, losses, costs, damages, and expenses. If working under such conditions causes any injury, death, and property loss to HPCI, the client shall compensate HPCI for its losses, costs, damages, expenses, court, and attorney fees, and shall bear direct responsibility of compensating the third-party losses, costs, damages, expenses, and court and attorney fees. HPCI is looking forward to receiving work authorization and working with you on this and your future projects. The above are key elements of the general terms and conditions given in Appendix-B. Sincerely, A.S. Kumbhojkar, Ph.D., P.E., F. ASCE President II 70 APPENDIX David Rosa,Vice president McFarland and Johnson 4601 Sheridan Street,Suite 500 Hollywood,FL 33021 Project No.: GE-M&J-MC-23-01 Project Name: Geotechnical services for Crane Blvd.shared use path, Sugarloaf Key ITEM DESCRIPTION NO. O UNIT I TOTAL NO UNIT UN1TSI RATE AMOUNT FIELD WORK 1 Mobilization of truck mounted rig, 100'boring/day or 4 perc tests/day&mileage day 7 $539.27 $3,774.89 2 SPT borings per ASTM D-1586: 18 to 10', 5 to 20', 1 to 30', 8 to 4'+allowance Ft 372 $22.93 $8,529.96 3 SFWMD type percolation tests in 10'deep auger boring No. 5 $552.96 $2,764.80 4 Double ring infiltration tests No. 5 $527.29 $2,636.45 5 Closing holes with sand/Approved method to safe proof the site Ft 422 $9.17 $3,869.74 6 Asphalt cores No. 3 $45.00 $135.00 7 MOT for partial lane closure with signs, as needed I LS 1 1 $2,942.841 $2,942.84 8 Mileage(see proposal) I LS 1 1 $382.381 $382.38 Sub Total for Field Work 25,036.06 LABORATORY WORK 1 Visual-Manual study of SPT samples per ASTM by a Prof. Engineer Hr. 0 $208.25 $0.00 2 Moisture content No. 14 $43.57 $609.98 3 organic content No. 4 $57.32 $229.28 4 Liquid limit No. 2 $85.99 $171.98 5 Grain-size per AASHTO T-27(Sieve analysis only) No. 8 $73.37 $586.96 6 %Fines passing through#200 sieve No. 8 $51.591 $412.72 Sub Total for Laboratory Work $2,010.92 ENGINEERING SERVICES FOR FIELD, LAB&REPORT 1 Engineering services as negotiated following FDOT procedure using labor multiplier+profit at 2.1 LS 1 1 $24,628.48 $24,628.48 Note:The fee covers 1 site reconnaissance visit,up to 2 utility clearance visits, utility clearance using Sunshine811, study of SPT samples and selection of specimens for lab testing,developing borelogs and profiles,developing MOT plan if necessary,developing reports of core borings, geotechnical analyses including results of percolation&infiltration tests,developing of the project report assurance reviews, project coordination,responding to comments on draft report and submitting signed and sealed electronic report. Sub Total for Engineering Services 44,628.48 Total for the Project $51,67546 3/26/20244:36 PM 71 Scope and Fee Proposal McFarland Johnson FDOT FPN 451637-1-38-01 Crane Boulevard Shared Use Path Surveying Detailed Scope of Services and Fee Estimate www mjlinc'cxmn 72 Land Surveyors and Mappers HADONNE Land Development Consultants Subsurface Utility Designates PROPOSAL / AGREEMENT October 30, 2023 SENT VIA: EPena@mjinc.com Submitted to: Edi) H. Pena PE McFarland Johnson 2125 Biscayne Blvd. Suite 251 Miami, FL 33137 About: Surveying Services for the project known as ""Monroe County Crane Blvd Shares Use Path", located in Monroe County, Florida. Dear Mr Pena: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project. HADONNE (HQ is pleased to submit the following proposal for your consideration: Scope of Services: Prepare a Map of Topographic Survey of the route as shown in the attached Exhibit""A", located in Monroe County, Florida. Basic Scope of Service: HC will perform Topographic Survey of the East and North sides of the Right of Way only, collect all above ground features and take elevations cross section at 50-foot intervals. Optional Scope of Service: HC will perform Topographic Survey of the full Right of Way only, collect all above ground features and take elevations cross section at 50-foot intervals. Deliverables: Up to four signed and sealed copies of the resulting Map of Survey together with a PDF Digitally Signed and DWG Cad file. Time of Completion: We have estimated Five calendar weeks to submit a preliminary survey and three weeks for the final submittal. Project area, length, Size and location: See attached. By signing below, I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Title: (Authorized Signature) Date: (Typed or printed name) I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if there is anything, we can do to be of service in this or any other matter, please do not hesitate to call me directly at +1(305) 266-1188. Respectfully, Abraham Hadad, PSM President HADONNE 1 1985 NW 88"'Court•Suite 101 •Doral,FL.33172•P:+1(305)266-1188•F:+1(305)207-6845•www.hadonne.com•LB7097 1 /7 73 � � \ a i { z \ ) \ \ ) § 6 LU � \ \ f { \ (D / f ) 2 §CO E - > \ } G m m \ » 6 > \ J 0 c G � - S - - \ _ 2 ( \ { { \ o o / _ \ \ i LU 7 7 J \} a) \ kk0 1- _ o & 2 co co & 't d ` ^ ( = Q • . _ � ( g | o » \ \ < ° ° ° a a .20 o § a = | k }) � ® § \2 o / fk0 n n } 2 U) IN m z � ' • _ « w _ « w \ / . � � � � � � | ) ■ � ƒ ] A 00 a - - 17 co LU ! - u ) a ] a aLO > @ Ii ! ! � a a / Jcli p z :3 ƒ LU % ] _ a a a a a m m n / & § 5 5 5 5 5 \ (A ) U 0 \ g e - \ J \ In z a $ 2 ] \ g - - / , » � ƒ ! \ \ t \ _ / \ \ \ o k I / 2 \ { / z m00 ■ g 3 / / g [ g \ ~ I q _ ) % \ f = j - w - _ = 9 : _ ■ _ \ \ \ \ \ \ « o \ o t § d . \ j 2 R \ \ \ \ \ / \ \ LO ti 0 0 o < < < N < z C=) C. z z 0 LLJ co Lu cl 0 x (D � LLJ (n >L cc�2 If <0 co J X Z co a @ z CO _0 M (D Co 2;l (D 2 0 (k IW� �,,;,,, ,,,,, +,. r ° C.../��� il i��r"' „!.,�I��� i�'%r% / NI 75 ol 2 c> MW E o q o -o cu S� 1-4 oo co 1-4 x iy LU c� oo C) �� uu°i � I ou `,% j!� �/ � 'j�i� /nr I� � f �� ��� � (,>�,r( .rN, cl) cl) -j LL 2 o C/) o C) -z oo oo z Lo oo cfl ti x O O M 2 M (V O w#` N O r u W kn Ot co � p Q H V m� 0 co CO -a + m mco i O q'NF 9 r //!// / 1 � l -:vv. - �II�d %„ �i 3'✓��r� if ! �l '! p ti U n o � Y ca cu 00 00 `r, O CO LO N A � 1 �� �� a aw riilR/ P' Cl) r LLLL v d h ! U 00 00 00 of wa va iVm liva w �.e Aft I'r Scope and Fee Proposal McFarland Johnson FDOT FPN 451637-1-38-01 Crane Boulevard Shared Use Path Drainage Design Detailed Scope of Services and Fee Estimate www mjlinc'cxmn 77 PMMI, E N G II N E E R I N G November 7, 2023 Edil Pena Senior Project Manager McFarland Johnson RE: Monroe County—Crane Boulevard Shared Use Path Stormwater Management and Drainage Proposal for Professional Engineering Services Dear Mr. Pena: We appreciate the opportunity to submit this proposal to provide professional engineering services as a Sub-Consultant providing Stormwater Management and Drainage services in support of the above referenced project. The proposed Scope of Services is described in the attached Exhibit "A". Our proposed fee to perform these services is a lump sum amount of$57,264.88. FDOT format hour and fee estimates are included. We look forward to working with you on this project and thank you for the opportunity. Please call if you have any questions. Sincerely, A.M.I. En in ering, LLC Francisco Alonso, P.E. AMI Project Manager cc: David Rosa 12850 N Calusa Club Drive Miami, Florida 33186 T 305.803.2569 www.amiengineer.com 78 Monroe County November 7, 2023 Crane Blvd Shared Use Path Sub-Consultant Proposal EXHIBIT "A" - SCOPE OF WORK 1 PROJECT DESCRIPTION A.M.I. Engineering, LLC (AMI) is proposing to provide professional engineering design phase services for the stormwater management aspects of the Crane Boulevard Shared Use Path. AMI will provide these services as a Sub-Consultant under the terms and conditions of MacFarland Johnson's (MFJ) Prime Consultant contract with Monroe County. The project is located in Sugarloaf Key, and includes the installation of a new Shared Use path along the East side of Crane Boulevard from U.S.1, heading northbound to the northern terminus at Hawkbill Ln. The following is the scope AMI will be provided. 2 SCOPE OF WORK AMI will provide Drainage Analysis in for the project in accordance with section 6a and 6b of the FDOT Design Scope of Services and hour estimates guidelines. The specific work scope items are: AMI shall analyze and document Drainage Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. AMI shall be responsible for designing a drainage and stormwater management system. All design work shall comply with the requirements of the appropriate regulatory agencies and the County's Drainage Manual. AMI shall coordinate fully with the appropriate permitting agencies and the County staff. All activities and submittals should be coordinated through MFJ's Project Manager. The work will include the engineering analyses for the following: 6a.1 Base Clearance Analysis Analyze, determine, and document high water elevations per basin which will be used to set roadway profile grade and roadway materials. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above-mentioned surface waters. Document findings in a Base Clearance Report. 6a.3 Existing Permit Analysis Data gathering including desktop analysis of local, state, and federal Drainage permits. 6a.11 Design of Ditches and Side Drains Design roadway conveyance and outfall ditches. This task includes capacity calculations, longitudinal grade adjustments, flow changes, additional adjustments for Page 2 79 Monroe County November 7, 2023 Crane Blvd Shared Use Path Sub-Consultant Proposal ditch convergences, selection of suitable channel lining, design of side drain pipes, and documentation. 6a.12 Design of Stormwater Management Facility Roadside retention: Design stormwater management facilities to meet requirements for stormwater quality treatment, attenuation and aesthetics. Develop proposed pond layout (contributing drainage basin, shape, contours, slopes, volumes, tie-ins, aesthetics, etc.), perform routing, pollutant/nutrient loading calculations, recovery calculations, design the outlet control structure and buoyancy calculations for pond liners when necessary. to meet requirements for stormwater quality treatment, attenuation and aesthetics. Develop proposed pond layout (contributing drainage basin, shape, contours, slopes, volumes, tie-ins, aesthetics, etc.), perform routing, pollutant/nutrient loading calculations, recovery calculations and design the outlet control structure. 6a.13 Design of Floodplain Compensation Determine floodplain encroachments, coordinate with regulatory agencies, and develop proposed compensation area layout (shape, contours, slopes, volumes, etc.). Document the design following the requirements of the regulatory agency. 6a.14 Design of Storm Drains Delineate contributing drainage areas, determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine design tailwater and, if necessary, outlet scour protection. 6a.15 Optional Culvert Material Determine acceptable options for pipe materials using the Culvert Service Life Estimator. 6a.17 French Drain Systems Design of French Drain Systems: Design French Drain Systems to provide stormwater treatment and attenuation. Identify location for percolation tests and review these, determine the size and length of French Drains, design the control structure/weir, and model the system of inlets, conveyances, French Drains, and other outfalls using a routing program. 6a.19 Stormwater Runoff Control Concept Includes analysis and design of the Stormwater Runoff Control Concept. Includes creating the design file. 6a.21 Drainage Design Documentation Report Page 3 80 Monroe County November 7, 2023 Crane Blvd Shared Use Path Sub-Consultant Proposal Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. 6a.22 Drainage Quantities for EQ Report Determine drainage pay items and quantities and the supporting documentation. 6a.23 Cost Estimate Prepare cost estimates for the drainage components, except bridges and earthwork for stormwater management and flood compensation sites. 6a.25 Quality Assurance/Quality Control AMI shall independently and continually QC our plans and other deliverables. AMI shall regularly communicate with MFJ and the County to discuss and resolve issues or solicit opinions from those within designated areas of expertise. AMI shall be responsible for the professional quality, technical accuracy and coordination of all designs, drawings, specifications, and other services furnished under this contract. AMI shall provide a Quality Control Plan that describes the procedures to be utilized to verify, independently check, and review all maps, design drawings, specifications, and other documentation prepared as a part of the contract. AMI shall, without additional compensation, correct all errors or deficiencies in the designs, maps, drawings, specifications and/or other products and services. 6a.26 Supervision AMI shall supervise all technical design activities under this scope of services. 6a.27 Drainage Meetings Meetings with County staff, regulatory agencies, local governments such as meetings with County Drainage Engineer, the Water Management District, FDEP, etc. 6a.28 Field Reviews 6a.29 Coordination AMI shall coordinate with all disciplines of the project to produce a final set of construction documents for this scope of services. AMI shall prepare Drainage plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. 6b.1 Drainage Map 6b.3 Drainage Structures Page 4 81 Monroe County November 7, 2023 Crane Blvd Shared Use Path Sub-Consultant Proposal 6b.4 Lateral Ditches 6b.5 Retention/Detention/Floodplain Compensation Ponds 6b.6 Quality Assurance/Quality Control 6b.7 Supervision 3 ITEMS NOT INCLUDED 3.1 Environmental investigations, Phase I audits, or other environmental concerns 3.2 Surveying Services 3.3 Geotechnical explorations and/or testing 3.4 Product Control Approvals 3.5 Permitting Services other than those described above or permit fees 4 INFORMATION TO BE PROVIDED BY MFJ/County 4.1 MFJ will provide survey information and base design of the shared use path 4.2 MFJ will provide geotechnical information required for drainage design 4.3 MFJ will provide as-built plans for existing County-owned facilities with elevations of underground utilities, along with other water, sewer, power, and communications as- builts identified during utility coordination efforts 4.4 MFJ will provide the contract documents 4.5 MFJ is responsible for payment of permit review fees 4.6 County will allow access to the site 5 ADDITIONAL SERVICES Additional services not specifically described under "Scope of Work" will be performed upon written approval, and will be billed at the hourly rates (plus OH and Operating Margin as agreed to in this proposal) as follows: STAFF HOURLY RATE Senior Professional Engineer $75.00 Project Engineer $52.00 6 FEE SCHEDULE Consultant's proposed fee to perform the above services is a lump sum fee of $57,264.88. Out- of-pocket expenses for design services are included in the lump sum amounts listed above. See breakdown of the man-hour estimate. Page 5 82 Monroe County November 7, 2023 Crane Blvd Shared Use Path Sub-Consultant Proposal 7 PROJECT MANAGER AMPS Project Manager for this W r Order assignment will be Francisco J. Alonso, P.E. Prepared by: "' --S 11-7-23 Francisco J. Alonso, P.E. Date Approved by: Edil Pena Date Project Manager Page 6 83 dq co ovw o mw y c ri =L 3aa wo m�F o.c r8a-mc o lo cme E wm a —°.y 5 aY' o aax�o ow°avoo€ U o O E ry E m o� oc lw p € G — E O 3 - - - E - E E - E - - Z � U � Z N C co lw z a _ a` U a E E E E E E E E E E E a` o �— aim am 3m am _ - V; — E 4� i � LO co a { `w x � Nv a m�a�m S E o° C x r x Yk Q � a U W W 9 U m _ w - y w F C. Q d € Q m N OM Yk O y� yy 2 2 3 4 12 3 Q1 0. - (D co lrwl�� ik N 0 N U �V O N � C � 0 O N R L N C m 3 O — N O � � m � a N � 0 3 0 a 3 Wil a � o � T � � l0 � - o 10 0_ 0 w A w Z c N � d � c � � o o U R = C � � a 0 Y o o o o o o o o o o 0 0 0 0 � W a CDa o 0 E a O N c O N R A Z C U mplll U � U C � � R O IIII00 m 0 fn LL� LL� C IW p w in U in U A d `w L rn N U � � C a c N R w 7 a o a c ^ c O o w O w m a o L° 2 , 0 �' m oU oQ a oQ U U pi 0 a 0 'w m m a 4.9 ww^ in w 3 E m m m �j o Ol C9 ti'dY y t m Q O c in a U fi."1 JJI lo f O 3 w IIAII '��� — � m 0 m A U o �a m = m O 0 Q N N 0 m 0 O d io 00 Y 0 g— N M V LL� [O r RFQ Engineering Design Services for Crane Blvd Shared Use Path ATTACHMENT C FDOT FORM 375-040-84 APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT -51- 87 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 SERVICES PROGRAM MANAGEMENT PROFESSIONAL CONTRACTS 5/22 Page 1 of 3 TERMS FOR FEDERAL AID CONTRACTS(APPENDIX I): The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of the work,tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected,together with summaries and charts derived therefrom,will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request,to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time. C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency (subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books,documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination,excerpts, and transcriptions. E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. F. Nondiscrimination: The Consultant,with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin,sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. H. Information and Reports: The Consultant will provide all information and reports required by the Regulations,or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation, termination or suspension of the contract, in whole or in part. J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions 88 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 SERVICES PROGRAM MANAGEMENT PROFESSIONAL CONTRACTS 5/22 Page 2 of 3 issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in,or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. K. Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race,color, national origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC§471,Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C. §§ 12131 --12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute(49 U.S.C.§47123)(prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. M. Interest of Public Officials: No member,officer,or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. "The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract,which may result in termination of this contract or other such remedy as the recipient deems appropriate." Pursuant to 49 CFR26.11(c), the Consultant shall submit the bid opportunity list at the time of contract execution, and shall enter DBE commitment and payment information in the Florida Department of Transportation Equal Opportunity Compliance (EOC)system. The Consultant shall request access to the EOC system using Form No. 275-021-30. O. It is mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any facts related to the project(s)described in this Agreement is a violation of the Federal Law.Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51,was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. 89 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 SERVICES PROGRAM MANAGEMENT PROFESSIONAL CONTRACTS 5/22 Page 3 of 3 Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to 1. employ or retain, or agree to employ or retain, any firm or person, or 2. pay,or agree to pay,to any firm, person,or organization, any fee, contribution, donation,or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. R. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor)to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor)any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. S. The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 90 RFQ Engineering Design Services for Crane Blvd Shared Use Path ATTACHMENT D FDOT DBE Instruction form 275-030-11 -55- 91 RFQ Engineering Design Services for Crane Blvd Shared Use Path STATE OF FLORIDA DEFARTMENT OF TRANSPORTATION 275-03G-1 1 ' Y CE DBE BID PACKAGE INFORMATION lEaJ AL OPPORTUNIT OF01FI 09 IPagie I of 2 DBE Wilization The Department (began its DIBE race neutral program JanUary 1, 200�0. Contract specific goals are not placed on Federal/State contracts: however, the Department has an oveiratl 10.65% DBE goal it must achiieve. Iln order to assist contractors in determining th&ir (DBE comirnitmienit, level, the Department has reviewed the estiniates for this letting. As youi prepare your bid, please ii potential or anticipated DBE Liltifization for contracts. Whein the low biddeir executes the contract wiith, the Department, inforiii will The requested of the contractor's DBE Ipaurticipation for the pirojiect. While the utilization us not mandatory in,rardeir to be awarded the 1projwect, continuing uAillization of DIBIE fiiirm!s on contracts suppoils the success of Florida's DBIE Prograrn, and supports contractors' EqlUal Eirnployment Opportunity and DIBIE Affirmative Action Prograirns. Any project listed as 0% DBE availability does not Ilmaean that ai DIBE may not be used on that project. A 0% DBE availlabillity niiajy have been established due to any of the following reasons- linited iidentified subcontracting opportunities, minimal contract days,and/or small contract dollar aiii Contractors are encouraged to identify any opportunities to subcontract to DBE's. Please contact the EqUall Opportunity Office at(850),414-4747 of you have any questions regarding thus information. DBE Reportiling If YOU acre the prime contractor on a project, enteir Your DBE pairticipation in the Equall Opportunity Cornplliance, system prior to the pre-constrUdiQn or pii conference,for all federal and state funded projects. This willi not become ai mandatory part of the contract. IIt Will assist the Department in tracking and reporting p1lanned or estimated DBE Utiliizaition. During the contract, the Ipriim7e contractor iis required to report actual payrnienits to DIBE and IMBE subcontractors through the welb-based lEqual Opportunity Cornpliiance(EOC)system. All DBIE payments must be reported whietheir or not YOU iiniitiallly p1lainned to utillize the company. In order for our irace neutral DBE Program to be successful, your cooperation is immperative. IIf you have any qUestionis, p1lease contact E(-.,),(,-)He 111p@dot_state.fl.us. Bid 0Ippiortuinity List The Federal DBE Prograim requires States to, maintaiin a database of all firniis that are, participating or attempting to pairticipate on FDOT-assisted contracts. The 111St Must 11111CIlUde all firirns that bid on prinlie contracts or bud or quote subcontracts on FDOT-assisted projects, ilindlUding(both DBE's and nori Please cori the Bidders (3pportu6ity List through the Equal OpportUnJity C oirnlipl ia nice systeirn WithiJin 3 bUsiness days Of SUbmisslion of the,bid or proposal for ALL subcontractors or sub-consultants Who quoted to you for specific project for this Ilettling. The welb address to the Equal Opportunity Conip1liance system is: hitter,://www.f dot-ciov/eaiLial,or)Dortunity/ec,c.shtrin. -56- 92 RFQ Engineering Design Services for Crane Blvd Shared Use Path STATE OF FLO R11DA DEPARTMENT OF TRANS PC R.TATIOIN 2TE-03G-1 1 EQUAL OPPORTMITY OFFICE DBE BID PACKAGE INFORMATION 0V 19 Fagp 2 of 2 DBE/AA Planes Contractors bidding on FDC)T contracts are, to have an approved IDIE Affirmative Actlion Plain (FDOT Form 275-030-1113) on file with the IFDOT Equal OppoirtUnity Office before execution, of a contract. DBEdAA Plains must be,received with the contractors bid or received by the Equal Opportunity Office PLLE to the award of the contract. Plans are approved lby the Equial Opportunity Office lien accordance with Ch. 14-78, Florida Administrative Code. Plans that do not niieet these mandatory requirements may not be approved. Approvalls are for a (3) three year period and should be updated at anytinie there is aj change in the company's DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change iin the desiiginated DBE Liaison officer as f6illows: • Print the first page of the docuirnenit on conipany stationery ("letterhead") that indicates the company's naniie,, midiling address, phone nUmber,etc. • Print the company's name in the"—I space, next to "Date" print the monthldaylyear the policy is beinq siqned- record the siiqn,ature of the company's Chief IExecrutive Officer, President or Chairperson In the space next to"by" and print the full first and last name and posit.ion tilte,of the official signing the Ipolicy. • Print the DBIE Liaison's fU1111 nanie,eirnaill address, business mailing address and phone Mlirnlber the bottom of eirnail. E-irnail the,coniplieted and signed DBE AA Plan to: eeofoi,ins�,-4�dot.state.fl.its. The,Department wiH reviiew the policy, Update department records and issue a notification of approvdi or disapproval-a copy of the sLvlbm itted plian willl not be returned to the contractor. -57- 93 ATTACHMENT E FDOT forms 375-030-34 375-030-32 375-030-50 375-030-30 94 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34 DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT 02/16 Is this form applicable to your firm? YES ❑ NO If no,then please complete section 4 below for"Prime" 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan Year: Quarter: e. loan guarantee Date of last report: f. loan insurance (mm/dd/yyyy) 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and ® Prime ❑ Subawardee Address of Prime: Tier if known: McFarlan-Johnson, Inc 4601 Sheridan Street, Suite 500 Hollywood, FL 33021 Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9.Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): 11. Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is a Signature: material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered f` into.This disclosure is required pursuant to 31 U.S.C. 1352. Print Name: John Mafera This information will be available for public inspection.Any person who fails to file the required disclosure shall be subject Title: Vice President to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.: 305.705.4871 Date (mm/dd/yyyy): 01/25/24 Federal Use Only: Authorized for Local Reproduction Standard Form LLL Rev. 7-97 95 375-030-34 PROCUREMENT 04/14 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act,as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington, DC 20503. 96 RFQ Engineering Design Services for Crane Blvd Shared Use Path 375-030-34 PROCUREMENT 04114 Page 2 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influencethe outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname,address,city, State and zip code of the reporting entity. Include Congressional District,if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards undergrants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city, State and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States CoastGuard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements, loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP)number; Invitation for Bid(IFB)number;grant announcement number;the contract, grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or5. 10. (a)Enter the full name,address,city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form, print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,DC 20503. -69- 97 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 CERTIFICATION REGARDING DEBARMENT SUSPENSION PROCUREMENT > > 11/15 INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Co' act,o; : ,EcFarland-Johnson, Inc. John Mafera !! /�'�i , Date: 01/25/202��� Title: Vice President Instructions for Certification Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant,""person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/),which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 98 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC-1/20 FOR CONSULTANT/CONTRACTOR SERVING IN THE ROLE OF PROJECT MANAGER FOR FDOT I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have, and that I will recuse myself from any capacity of decision making,approval, disapproval, or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships)which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department")related to the procurement of the above-referenced ("Project")that I gain access to as a result of my involvement with the Project("Procurement Information"). I understand that Procurement Information includes, but is not limited to,documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project("Proposers"). I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals, price proposals,financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes. Advertisement No./ Description Financial Project Number(s) Solicitation No Design and Permitting Services Crane Blvd Shared Use Path 451637-1-38-01 (Sugarloaf Key) 451637-1-38-01 Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date John Mafera / � 1/25/2024 Edil H. Pena ,;% 1/25/2024 - .. David Rosa D 1/25/2024 99 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30 TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT OS/14 Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1)year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. McFarlan-Johnson, Inc Name of Consultant By: John Mafera �' 1/25/2024 / ' Date 100 RFQ Engineering Design Services for Crane Blvd Shared Use Path ATTACHMENT F Bid Opportunity List— Professional Services Commitment -73- 101 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-83 PROFESSIONAL SERVICES COMMITMENT FORM PROCUREMENT 11/21 Submit this form as required in the Request for Proposal or alternatively, at the time of Expanded Letter of Response is due: contract/Advertisement No.: G21P57 Prime Consultant: McFarland-Johnson, Inc. Project Description: I CRANE BOULEVARD SHARED USE PATH Expected percentage of contract fees to be utilized by DBE(s): 23% %. (Combine DBE Prime and DBE subconsultants, if applicable). Expected percentage of contract fees to be utilized by Non-DBE Small Businesses 10 %. (Combine Non-DBE Small Business Prime and Non-DBE Small Business subconsultants, if applicable). The proposed Prime and su bconsu ltants/subvendors'work is as follows: Non Type of Work of overall Small DBE/ Prime (List each type of work separately, contract DBE Business Non only one type of work per line) amount Small Business McFarland-Johnson, Inc. 3.1 67 ❑ ❑ Choose an uteirrr. Choose an uteirrr. Choose an uteirrr. Choose an uteirrr. Choose an uteirrr. Choose an uteirrr. Choose an uteirrr. Non Type of Work 01 overall Small% DBE/ Subconsultant/Subvendor (List each type of work separately, contract DBE Business Non only one type of work per line) amount Small Business A M I ENGINEERING LLC 3.1 12 ® ❑ ❑ HADONNE CORP 8.2 5 ❑ ® ❑ HADONNE CORP 8.4 5 ❑ ® ❑ HP CONSULTANTS INC 9.1 5.5 ® ❑ ❑ HP CONSULTANTS INC 9.2 5.5 ® ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an u'tei m. ❑ ❑ ❑ Choose an tern Choose n irtei m. ❑ ❑ ❑ 102 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-83 PROFESSIONAL SERVICES COMMITMENT FORM PROCUREMENT 11/21 Non Type of Work % DBE/ of overall Small Subconsultant/Subvendor (List each type of work separately, contract DBE Business Non only one type of work per line) amount Small Business Choose an Ierr El El El Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr Choose an Ierr El El El Choose an Ierr El El El Total percent for Prime and Subs committed: (Note to Consultants:should be 100%when submitted to FDOT) 100 Total percent for Prime and Subs remaining to be committed: (Note to Consultants:should be 0%when submitted to FDOT) 0 he faei� .a-kuMage 1.slu.lurn rru.ast Iola) 1001% i u "iirre and all subs. Please note,the number one ranked firm is required to enter DBE Participation in the Equal Opportunity Compliance(EOC)System subsequent to contract award and any future contract amendments or task work orders(if applicable). DBE status for all firms can be verified by using the DBE Directory: https://fdotxwp02.dot.state.fl.us/EgualOpportunityOfficeBusinessDirectory/CustomSearch.aspx Small Business status for Non-Professional Services firms can be found here: ht_t_ps-.//ssrs.fdot.gov/Reports/report/PDA°/`2OReports/Public%20Reports/EOOSmallBusinessCertificationReport Small Business status for Professional Services firms is located here: https-://www.fdot.gov/procurement/l,nternetReports.shtM#qual By: John Mafera . Title: Vice President Date: 01/25/2024 103 AC . CERTIFICATE OF LIABILITY INSURANCE 06/13/20223YY) Il THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-201-262-1200 CONTNAMEACT Timothy P. Esler, CPCU Fenner & Esler Agency, Inc. PHONE FAX A/C No Ext: 201-262-1200 (A/C,No): 201-262-7810 E-MAIL PO Box 60 ADDRESS: certs@fenner-esler.com INSURER(S)AFFORDING COVERAGE NAIC# Oradell, NJ 07649 USA INSURERA: Hartford Fire Insurance Company INSURED INSURER B: McFarland-Johnson, Inc. INSURER C 49 Court Street INSURERD: Suite 240 INSURERE: Binghamton, NY 13901 USA INSURERF: COVERAGES CERTIFICATE NUMBER: 535396082 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE S( RENTED CLAIMS-MADE PREMISES Ea occurrence) ccurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED IR'k BODILYINJURY(Peraccident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY „. � � Per accident $ UMBRELLA LIAB OCCUR •.,13„ 2,3,,,,,_,,,, EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE N" AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Prof/Poll Liability 39 OH 0546136-23 06/15/23 06/15/24 Per Claim 5,000,000 FULL PRIOR ACTS Annual Aggregate 5,000,000 Deductible per clm 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County Airports Term Agreement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street, Room 2-216 AUTHORIZED REPRESENTATIVE Key West, FL 33040 V �r a USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 104 jvalentino 535396082 MCFAJOH-01 KLISHM DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE F1/4/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michael Burns NAME: Insurance Office of America PHONE FAX 31 Lewis Street (A/C,No,Ext): (607)754-0329 (A/C,No):(607)754-9797 Suite 201 E-MAIL Michael.Burns@ioausa.com Binghamton,NY 13901 INSURERS AFFORDING COVERAGE NAIC# INSURERA:National Fire Insurance Co of Hartford 20478 INSURED INSURER B:American Casualty Company of Reading,Pennsylvania 20427 McFarland Johnson,Inc. INSURERC:Continental Insurance Company 35289 49 Court Street Suite 240 INSURER D: Binghamton,NY 13901 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 6056803227 1/1/2024 1/1/2025 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ X MED EXP(Any oneperson) $ 15,000 �' 16dt _.T PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE PLIMIT APPLIES PER: DAB 1 '/ GENERAL AGGREGATE $ 2,000,000 ISY_ 5.24 POLICY� JECT � LOC AH IAX — PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X 6056803213 1/1/2024 1/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE X X 6056803244 1/1/2024 1/1/2025 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X WC656803230 1/1/2024 1/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Val Pprs&Records :E7 3227 1/1/2024 1/1/2025 Blanket Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Key West International Airport Concourse A and Terminal Improvements Program. Monroe County BOCC and all other parties as required by written contract are additional insured on a primary and noncontributory basis including completed operations in regard to general liability per endorsement numbers CNA74858NY,CNA75079XX,CNA74987XX,in regard to auto per endorsement number CNA71627.A Waiver of Subrogation applies in favor of the certificate holder,owner and all other parties as required by written contract in regard to general liability per endorsement number CNA74858NY,in regard to auto per endorsement,number CA 04 44 10 13,in regard to workers compensation per endorsement WC 00 03 13.The umbrella policy is following form of the underlying policies per endorsement#CNA76604XX. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street IKey West FL33040 4A 1C k --K Ztkll A k" C ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reser105 The ACORD name and logo are registered marks of ACORD DNA► CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsernent - New York 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insuiredl on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and lin, no event broader than that described by the applicable paragraph A.through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law, A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising linjury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers,Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with, respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insureds acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises;or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury,, property damage or personal and advertising injury arising out of the rendering of or faJiure to render any professional services by,on behalf of, or for the Named Insured, including but not limited to: 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or CNA74858NY(8-15) Policy No: 6056803227 Page 2 of 17 Endorsement No: 5 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 106 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement - New York a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. 1. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions, or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premilses during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S,INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional Insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own Insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED—EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual,then his or her spouse is an Insured; �b. A partnership or joint venture,then its partners, members and their spouses are Insureds; c. A limited liability company,then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds, CNA74858NY(8-15) Policy No: 6056803227 Page 4 of 17 Endorsement No: 5 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 107 � A► CNA► PARAMOUNT : Blanket additional Insured - Owners, lessees or Contractors - with Prod ucts-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IIS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part„ but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. fin the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and . This Coverage Part provides such coverage;and C. 'Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with:. 1. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I.shall apply solely to the extent permissible by law. III. If the written contract requires additional insured coverage under the 07-04 edition of CG2O110 or CG2037, then paragraph I.above is deleted in its entirety and replaced by the following: WHO IIS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. On the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: N 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage. N a Ill'. But if the written contract requires: a A. Additional insured coverage under the 11-85 edition, 101-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. Additional insured coverage with"arising out of"language„ then paragraph 1. above is deleted in its entirety and replaced by the followiing: WHO IS AN INSURED is amended to include as an Insured)any person or organization whom you are required b written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract, CNA75079XX(3-22) Policy No: 6056803227 Page 1 of 3 Endorsement No: 8 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. 108 � A► CNA► PARAMOUNT : Blanket ,additional Insured - Owners, lessees Or Contractors - with Prod ucts-Completed Operations Coverage Endorsement IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law,then paragraph I. above is deleted in its entirety and replaced by the fallowing: WHO IS AN INSURED is amended to include as an Insured)any person or organization whom you are required b written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract, V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury„ property damage,or personal and advertising injury arising out of: A. The rendering o ,or the failure to render, any professional architectural, engineering„ or surveying services, including: 1. The preparing, approving, or failing to prepare or approve maps„ shop drawings, opinions, reports, surveys, field orders, change carders or drawings and specifications;and 2. Supervisory, inspection, architectural or engineering activities,or B. Any premises or work for which the additional insured is specifically listed)as an additional l insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following„which supersedes any provision to the contrary in this Condition or elsewlhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named ensured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured); or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of ali other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled)COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:. The Condition entitled Duties In The Event of Occurrence,, Offense,Claim or Suit is amended l iith the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. 'Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim;and . Make available any other insurance„and endeavor to tender the defense and indemnity of any claim to any other insurer or self-insurer„whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named) insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. CNA75079XX(3-22) Policy No: 6056803227 Page 2 of 3 Endorsement No: 8 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. 109 C A► GNA PARAMOUNT Blanket Additional Insured - Owners, lessees or Ccantractvrs with Prod ucts-Completed Operations Coverage Endorsement V1111.Solely with respect to the insurance granted by this endorsement,the section entitled(DEFINITIONS is amended to add the fallowing definition: Written contract means a written contract or written agreement that requires you to male a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. Was executed prior to: 1. The bodily injury or property damage; or . The offense that caused the personal and advertising injury; for which the additional insured seeks coverage„ and B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense. All other terms and conditions of the Policy remain unchanged. This endorsement, which farms a part of and is for attachment to the Policy issued by the desiigniated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. N N (fl ItJ O r N O N O O O CNA75079XX(3-22) Policy No: 6056803227 Page 3 of 3 Endorsement No: 8 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. 110 CNA CNA PARAMOUNT General Aggregate Limit - Designated Projects Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction or Service Projects: EACH OF YOUR CONSTRUCTION PROJECTS LOCATED AWAY FROM PREMISES OWNED BY OR RENTED TO YOU Information required to complete this Schedule, if not shown above,will be shown in the Declarations. It is understood and agreed as follows: I. For each single designated construction or service project shown in the Schedule above, a separate Designated Project General Aggregate ILiimit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that designated project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Designated Project General Aggregate Limit applicable to any other project. 11. All: O A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single designated project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single designated project, will reduce the General Aggregate Limit shown in the Declarations. Ill. The limits shown in the IDecllarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can Ibe attributed solely to ongoing operations at a particular designated project. IV. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included In the products-completed operations hazard will CNA74826XX(1-15) Policy No: 6056803227 Page 1 of 2 Endorsement No: 6 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT General Aggregate Lim,i�t ® Designated Projects Endorsement reduce the Products-Completed Operations Aggregate Limit shown, in the Declarations, regardless of the number of projects involved. V. If the applicable scheduled construction or service project has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with,said Policy. CNA74826XX(11-15) Policy No: 6056803227 Page 2 of 2 Endorsement No: 6 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 112 DNA► CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsernent - New York 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph I.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 11.d. is amended to delete the limit of $250 shown for daliliy loss of earinlings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of suich failure. 26. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To, 'Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in wi to waive such i of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising linjury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED(WRAP,-UP,) INSURANCE PROGRAMS, Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy,, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs diuiriIng the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations (hazard that arises out of those portions of the project that are not residential structures, CNA74858NY(8-15) Policy No: 6056803227 Page 16 of 17 Endorsement No: 5 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 113 CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement New York This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PANT LIQUOR LIABILITY COVERAGE IP'ART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PAIR' RAILROAD PROTECTIVE (LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND IHIGHWAY LIABILITY POLICY—NEW YORK DEPARTMENT OF TRANSPOIRTATIION SCHEDULE Number of days notice(other than for nonpayment of premium): 030 Number of days notice for nonpayment of premium: 10 Name of person or organization to whom notice will be sent: PER SCHEDULE ON FILE ,address. PEE... SCHEDULE ON FILE PER SCHEDULE ON FILE , x 00000 If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. In no event shall the number of days listed)be fewer than the number required by New York State. It is understood and agreed) that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. 0 N O N O O O AlI other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy iIssued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said IPolicy. CNA74702NY(1-15) Policy No: 6056803227 Page 1 of 1 Endorsement No: 25 Nat'l Fire Ins Co of Hartford Effective Date: 01/01/2024 Insured Name: MCFARLAND- JOHNSON, INC. Copyright CNA All Rights Reserved. 114 Business Auto Policy CNA urn urn urn � ul� It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Form No: CNA71527XX (10-2012) Policy No: BUA 6056803213 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/01/2024 Endorsement No: 20; Page: 1 of 1 Policy Page: 102 of 117 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 11 Copyright CNA All Rights Reserved. 115 Business Auto Policy CNA �� II ii : � III ui iie1V Dui^s��i�ir�o air ii in �� V �F I� m urn o urn THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: MCFARLAND- JOHNSON, INC. Endorsement Effective Date: 01/01/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s)`: ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Form No: CA 04 44 10 13 Policy No: BUA 6056803213 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/01/2024 Endorsement No: 7; Page: 1 of 1 Policy Page: 68 of 117 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 11 Copyright Insurance Services Office, Inc., 2011 116 Business Auto Policy CNA It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Form No: CNA68021 XX f02-2013) Policy No: BUA 6056803213 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/01/2024 Endorsement No: 19; Page: 1 of 1 Policy Page: 101 of 117 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. 117 CNA Paramount Excess and Umbrella Liability CNA �� IV lii p III �ai II s�ui ��ui i�ui ii s � III � 11 rIIJ f � n IN Underlying Insurer Policy Number Policy Period Note: Underlying Insurance Coverages Limits of Insurance National Fire Insurance General Liability Each Occurrence Limit $1,000,000 Company of Hartford 6056803227 General Aggregate Limit $2,000,000 01/01/2024 to 01/01/2025 Per Location : yes Per Project : yes Products/ Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Liability Limit $1,000,000 National Fire Insurance Employee Benefits Each Employee Limit $1,000,000 Company of Hartford Liability Aggregate Limit $1,000,000 6056803227 01/01/2024 to 01/01/2025 American Casualty Auto Liability Combined Single Limit $1,000,000 Company of Reading, Pennsylvania 6056803213 01/01/2024 to 01/01/2025 Form No: CNA75501 XX (03-2015) Policy No:CUE 6056803244 Policy Declarations Page: 2 of 3 Policy Effective Date:01/01/2024 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 14 of 63 11 Copyright CNA All Rights Reserved. 118 CNA Paramount Excess and Umbrella Liability CNA lcl F11illu� Underlying Insurer Policy Number Policy Period Note: Underlying Insurance Coverages Limits of Insurance National Fire Insurance Employers Liability Bodily Injury by Accident- Each Company of Hartford Accident Limit $500,000 6056803230 Bodily Injury by Disease - Policy 01/01/2024 to Limit $500,000 01/01/2025 Bodily Injury by Disease - Each Employee Limit $500,000 IN ANY JURISDICTION, STATE, OR PROVINCE WHERE THE AMOUNT OF EMPLOYERS LIABILITY INSURANCE PROVIDED BY THE UNDERLYING INSURER(S) IS BY LAW "UNLIMITED", THE UNDERLYING EMPLOYERS LIABILITY LIMIT(S) SHOWN IN THE ABOVE SCHEDULE DO NOT APPLY AND NO COVERAGE SHALL BE PROVIDED FOR EMPLOYERS LIABILITY UNDER THIS POLICY. See SCHEDULE OF FORMS AND ENDORSEMENTS Minimum Earned Premium 0% of the Total Premium Total Premium $ Premium includes the following amount for Certified Acts of Terrorism Coverage Notice to insurer Address: CNA Claims Reporting P.O. Box 8317 Chicago, IL 60680-8317 Fax #: 800-446-8632 Email Address: HPReports@CNA.com Form No: CNA75501XX (03-2015) Policy No:CUE 6056803244 Policy Declarations Page: 3 of 3 Policy Effective Date:01/01/2024 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 15 of 63 °Copyright CNA All Rights Reserved. 119 CNA Paramount Excess and Umbrella Liability CNA �i�III ui w Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. The "Insurer" refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A - Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium, limits of insurance, deductible, retentions, or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits, the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies: 1. if the applicable underlying insurance is on an occurrence basis, then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage, takes place during this policy period; and 2. if the applicable underlying insurance is on a claims made basis, then only if: a. that which must take place in the underlying insurance in order to trigger coverage, takes place after the retroactive date and prior to the end of the policy period; and b. the claim is first made during the policy period. B. Coverage B - Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount: 1. that an Insured becomes legally obligated to pay because of bodily injury, property damage or personal and advertising injury; or 2. because of liability for bodily injury or property damage assumed under an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of such insured contract; and provided that: a. the bodily injury or property damage occurs during the policy period; b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; Form No: CNA75504XX (03-2015) Policy No:CUE 6056803244 Policy Page: 1 of 32 Policy Effective Date:01/01/2024 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 18 of 63 Copyright CNA All Rights Reserved. 120 CNA Paramount Excess and Umbrella Liability CNA �� II ii : � III ui ii e1V( u,^8e irri e ii in t This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: NUMBER OF DAYS NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM) Notwithstanding anything to the contrary, for any statutorily permitted reason other than nonpayment of premium, the number of days required for written notice of cancellation to the Named Insured listed first in the Declarations of this Policy is increased to 30 days before the effective date of cancellation. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CNA75513XX f03-2015) Policy No:CUE 6056803244 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/01/2024 Endorsement No: 2; Page: 1 of 1 Policy Page: 53 of 63 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 11 Copyright CNA All Rights Reserved. 121 Workers Compensation And Employers Liability Insurance CNAm a II ii�: � III urli d m u ul n�e 11 111 e,M We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No:WC 6 56803230 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/01/2024 Endorsement No: 2; Page: 1 of 1 Policy Page: 91 of 161 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Copyright 1983 National Council on Compensation Insurance. 122 Workers Compensation And Employers Liability Insurance CNA m a II it°: III°ii m u IV � a II ��:��it ui � It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021 A (02-2013) Policy No:WC 6 56803230 Policyholder Notice; Page: 1 of 1 Policy Effective Date:01/01/2024 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL Policy Page: 12 of 161 60606 Copyright CNA All Rights Reserved. 123