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Item C22
C22 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 October 16, 2024 Agenda Item Number: C22 2023-3140 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Leo Montiel NA AGENDA ITEM WORDING: Approval of a contract with WSP USA Inc. for the Engineering Design and Permitting Services for the Big Coppitt Road Elevation, Resiliency and Adaptation Project in the amount of$3,964,036. The contract is 50% funded by a Resilient Florida Grant from the Florida Department of Environmental Protection (FDEP) and 50%by a Hazard Mitigation Grant Program (HMGP) grant through the Florida Department of Emergency Management (FDEM) and Federal Emergency Management Agency(FEMA). ITEM BACKGROUND: The roads in big Coppitt Key are at a low elevation and are subject to periodic flooding during king tides and heavy rain events. The County's two year Sea Level Rise (SLR) Road Elevation Vulnerability Assessment identified the community as one that would be vulnerable to SLR by 2025. On April 20, 2024, the County advertised the Request for Qualifications for the Engineering Design and Permitting services for the Big Coppitt Key Road Elevation Resilience and Adaptation Project. Four submittals were received on June 5, 2024. The selection committee met and ranked the respondents on June 21, 2024. WSP USA Inc. was the highest ranked respondent. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved Resilient Florida Grant#24SRP07 in the amount of$24,722,611 at the January 31, 2024 BOCC meeting. The BOCC approved HMGP Grant No. H1044 (Project#4399-161-R) in the amount of$10,315,823.41 at the January 31, 2024 BOCC meeting. On July 17, 2024 The BOCC approved Agenda Item C32 to negotiate a contract with WSP USA Inc. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: New Contract 1351 STAFF RECOMMENDATION: Approval DOCUMENTATION: Big Coppit Road Elevation Contraet.pdf FINANCIAL IMPACT: Effective Date: October 16,2024 Expiration Date: 60 days after construction completion Total Dollar Value of Contract: $3,964,036 Total Cost to County: $ 0 Current Year Portion: $3,000,000 Budgeted: yes Source of Funds: Resilient Florida Grant 24SRP07 for 50% or$1,982,018, HMGP grant#H1044 for 50% or $1,982,018 CPI: No Indirect Costs: None Grant: Resilient Florida Grant 24SRP07 for 50%or$1,982,018,HMGP grant#H1044 for 50% or$1,982,018 County Match: none Insurance Required: Yes 1352 CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERIVCES FOR THE BIG COPPITT ROAD ELEVATION RESILIENCY AND ADAPTATION PROJECT This Agreement ("Agreement") made and entered into this 16th day of October 2024 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND WSP USA Inc., a Corporation of the State of New York, whose address is One Penn Plaza, New York, NY 10119 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 the Big Coppitt Road Elevation Resiliency and Adaptation Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Engineering Design and Permitting Services for the Big Coppitt Road Elevation Resiliency and Adaptation Project, which services shall collectively be referred to as the "Project". NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE I REPRESENTATIONS AND WARRANTIES 1.1 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 sites and the local conditions under which the Work is to be completed. 1 1353 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 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 60 days after final completion of construction of the Big Coppitt Road Elevation Resiliency and Adaptation Project. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A, and as described in the Agreement. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2 1354 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Christine Hurley Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Jennifer Brunton One Penn Plaza 250 W 34th St, 4th Floor New York, NY 10119 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required by 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. 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. 3 1355 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to, will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONSULTANT covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONSULTANT and persons employed or utilized by the indemnifying party in the performance of this Agreement. 5.2 In the event the completion of the project (including the work of others) is delayed or suspended as a result of the CONTRACTOR or CONSULTANT failure to purchase or maintain the required insurance, the CONTRACTOR or CONSULTANT shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. In the event any claims are brought, or actions are filed against the County with respect to the indemnity contained herein, the CONSULTANT agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The CONSULTANT agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The 4 1356 CONSULTANT further agrees to pay at the CONSULTANT's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. 5.3 Florida Department of Environmental Protection and Florida Division of Emergency Management Indemnification CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe County BOCC, Florida Department of Environmental Protection and Florida Division of Emergency Management its commissioners, officers, employees, agents and servants against all claims of whatever nature arising out of the performance of work under this agreement to the extent allowed and required by law. The CONSULTANT will include the above indemnification in any sub-contracts. 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. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's (COUNTY's) sovereign immunity requirement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the hourly rates outlined in Attachment B except where noted as lump sum, in a not to exceed amount of $3,964,036. Task Estimated Task Amount Data Collection and Processing $ 249,894 30% Roadway and Drainage Submittal $ 490,517 60% Roadway and Drainage Submittal $ 1,130,157 Public Outreach, 2 Meetings $ 3,636 90% Roadway and Drainage Submittal $ 418,613 Permitting $ 161,268 5 1357 100% Roadway and Drainage Submittal $ 61,234 Bid Support Services $ 24,978 Grant Support Services $ 147,244 Project Management $ 145, 037 Allowance $ 327,213 Subconsultants: HDR $ 680,749 LS Bermello Ajamil $ 42,000 LS Erin L. Deady $ 9,500 LS Reimbursable expenses ( Actual ) $ 70,000 Reimbursable expenses ( HDR ) $ 2,000 Total not to exceed amount $ 3,964,036 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought 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. 6 1358 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 thirty (30) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $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 $200,000 per person, $300,000 per occurrence, $200,000 property damage or $300,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and with $1,000,000 per occurrence 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 $3,000,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four(4)years will be required. Recognizing 7 1359 that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract. F. COUNTY, FDEM and FDEP shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least 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, FDEM and FDEP as additional insureds on General and Auto Liability. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 8 1360 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 thirty (30) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR 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 seven (7) 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 CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the amount set forth in paragraph 7.1 Payment Sum. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONTRACTOR 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 amount set forth in Paragraph 7.1 Payment Sum. 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), 9 1361 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 Terrorism Sectors 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 and B, 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; DISCRIMINATORY VENDORS; ANTITRUST VIOLATOR VENDORS Pursuant to Sections 287.133, 287.134 and 287.137, Florida Statutes, the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: Public Entity 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, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies 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. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a 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. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, 10 1362 subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. 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) and has not been placed on the convicted vendor list, the discriminatory vendor list, or antirust violator vendor list. 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 CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list, discriminatory vendor list, or antitrust violator vendor list. 9.8 MAINTENANCE OF RECORDS AND 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 (10)years from the termination of this agreement or for a period of five years from submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater, and in accordance with the exceptions as set forth in 2 C.F.R. 200.334. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to 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. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge 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 11 1363 document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments,miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and CONSULTANT representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor 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 from 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 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 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 ATTORNEY'S 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. 12 1364 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 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 VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 13 1365 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug 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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.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 s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. As amended by Executive Orders 11375 and 12086, and the regulations issued pursuant hereto. 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 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200,Appendix II, C, agrees as follows: 1). The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2).The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3).The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other 14 1366 employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONSULTANT's legal duty to furnish information. 4).The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONSULTANT'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. 8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 15 1367 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, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. The 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. 16 1368 (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 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(a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH 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 17 1369 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. 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 price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 18 1370 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 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 9.29 INSPECTOR GENERAL The CONSULTANT agrees to comply with s.20.055(5) Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. "(5) It is the duty of every state officer, employee, agency, special district, board, commission, CONSULTANT, CONTRACTOR, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. 9.30 ETHICS CONSULTANT warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 9.31 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the County and may not be reproduced and copied without acknowledgement or permission of the COUNTY. 9.32. 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,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 19 1371 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. 9.33. FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and/or CONTRACTOR and its Subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, and is bound by all applicable state and federal laws and regulations. 9.33.1 DAVIS-BACON ACT, As amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONSULTANTs 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, CONSULTANTs 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 CONSULTANTs , in contracts for construction repair work above $2,000 in situations where the Davis-Bacon applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "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 CONSULTANT 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 FEMA may by appropriate instructions require, and also a clause requiring the SUBCONSULTANTS 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 20 1372 clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONSULTANT and SUBCONSULTANT as provided in 29 C.F.R. § 5.12.Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 9.33.2 COPELAND "ANTI-KICKBACK" ACT The CONSULTANT will comply with the Copeland Anti-Kickback Act of 1986, 41 U.S.C. Chapter 87 which outlaws and prescribes penalties for"kickbacks" of wages in federally financed or assisted construction activities; 9.33.3 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 CONSULTANT must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In 21 1373 addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(1), in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4). (5) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. 9.33.4 RIGHTS TO INVENTIONS Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding 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. 9.33.5 CLEAN AIR ACT (42 U.S.C. 7401-7671q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT Commonly referred to as the Clean Water Act of 1977: (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency/FEMA and the appropriate Regional 22 1374 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 $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. CONTRACTORS agrees to comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 7401-7671 q; 42 U.S.C. 1857), Section 508 of the Clean Water Act as amended (33 U.S.C. 1251-1387), Executive Order 11738, and the U.S. Environmental Protection Agency Regulations (40 C.F.R., Part 15 and 61) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). This clause shall be added to any subcontracts. 9.33.6 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 government wide 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 300 (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. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY and other State and Federal agencies. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY and other State agencies, 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. i. This contract is a covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), 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). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, 23 1375 subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees 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. 9.33.7 BYRD ANTI-LOBBYING AMENDMENT: (31 U.S.C. 1352)— CONTRACTOR and CONSULTANT 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 forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds $100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 9.33.8 COMPLIANCE WITH PROCUREMENT OF RECOVERED MATERIALS: As set forth in 2 CFR§200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amendment by the Resource Conservation and Recovery Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR 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 Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, httK�s://www.eta.Gov/smm/comprehensive-procurement- guideline-cpg- program. The Contractor also agrees to comply with all other applicable 24 1376 requirements of Section 6002 of the Solid Waste Disposal Act. 9.33.9 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES or equipment as set forth in 2 CFR § 200.216_ Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain I services, or systems that uses covered telecommunications 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 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 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. 9.33.10 DOMESTIC PREFERENCE FOR PROCUREMENTS AS SET FORTH IN 2 CFR §200.322 The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items 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. 9.33.11 AMERICANS WITH DISABILITIES ACT OF 1990 (ADA): The CONSULTANT and CONTRACTOR 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 and CONTRACTOR pursuant thereto. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the 25 1377 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 and CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and CONTRACTORs shall take all necessary and reasonable steps in accordance with 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 CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Consultant and subcontractors will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding nondiscrimination; 9.33.12 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub- Recipient 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; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub- Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in 26 1378 order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 9.33.13 ENERGY EFFICIENCY— CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 9.33.14 FLOOD DISASTER PROTECTION ACT OF 1973: Consultant and contractor and subcontractors to comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 50, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA),the County must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Consultant will confirm that the design will comply, as required, with the flood plain management criteria set forth in Title 44 of the Code of Federal Regulations (CFR) Part 60.3 and County floodplain ordinances, as applicable. 9.33.15 UNIFORM FEDERAL ACCESSIBILITY STANDARDS CONSULTANT and CONTRACTOR will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 C.F.R. Section 101- 19.E for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures. The Sub-recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 9.33.16 NATIONAL HISTORIC PRESERVATION ACT OF 1966 CONSULTANT and CONTRACTOR will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S.C. 3125. CONSULTANT and CONTRACTOR will comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.), Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U.S.C. 3125) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R., Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. 27 1379 (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 54 U.S.C., and implementing regulations in 36 C.F.R., Part 800. (4) When any of the Sub-recipient's projects funded under this Agreement may affect a historic property, as defined in 36 C.F.R., Part 800.16 (1)(1), the Federal Emergency Management Agency (FEMA) may require the Sub- recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub-recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub-recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities(such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks)except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub-recipient on any feasible steps to be accomplished to avoid any National Register eligible archaeological property or will make recommendations for the development of a treatment plan for the recovery or archaeological data from the property. If the Sub-recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub-recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub- recipient to implement the treatment plan. If either the Council or the SHPO object, Sub-recipient shall not proceed with the project until the objection is resolved. (6) The Sub-recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a LPDM project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a 28 1380 previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub-recipient acknowledges that FEMA may require the Subrecipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Subrecipient further acknowledges that FEMA may require the Sub- recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will require, and the Sub-recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. 9.33.17 ENDANGERED SPECIES ACT OF 1973, 16 U.S.C. 1531-1544; CONSULTANT and CONTRACTOR will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544. 9.33.18 STATEMENT OF NO CONFLICT Neither the COUNTY nor any of its CONSULTANTS, CONTRACTORS or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the COUNTY or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the COUNTY, the COUNTY, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the COUNTY or the locality relating to such contract, subcontract or arrangement. The COUNTY shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its CONSULTANTS and CONTRACTORS to insert in each of their subcontracts, the following provision: "No member, officer or employee of the COUNTY 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." The provisions of this paragraph shall not be applicable to any agreement between the COUNTY and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 9.33.19 ENVIRONMENTAL POLICY ACT OF 1969, CONSULTANT and CONTRACTOR will comply with: environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f- 300j-27, regarding the protection of underground water sources; Executive 29 1381 Orders: EO 11514(NEPA); EO 11738(violating facilities); EO 11988(Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510;will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451- 14674; and comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668. (Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system not applicable). 9.33.21 UNIFORM RELOCATION ASSISTANCE AND PROPERTY ACQUISITION POLICIES ACT OF 1970, CONSULTANT and subcontractors will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638,which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. 9.33.22 ACCESS TO RECORDS: CONSULTANT and CONTRACTOR and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.33.23 DHS SEAL, LOGO AND FLAGS: CONSULTANT and Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 9.33.24 CHANGES TO CONTRACT: CONSULTANT and Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract changes or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. 9.33.25 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal Law, regulations, executive orders, FEMA policies, procedures, and directives. 30 1382 9.33.26 NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.33.27 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. If applicable, the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 9.33.28 GRANTAGREEMENT(S): The CONSULTANT and CONTRACTOR are bound by the terms and conditions of the Federally Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management(Division) and the Standard Grant Agreement between the COUNTY and the Florida Department of Environmental Projection (FDEP). 9.33.29 CONSULTANT TO COMPLY WITH C.F.R. 200.318-327&APPENDIX II o (2 C.F.R. 200.318) History of Procurement records, rationale for method of selection of contract type, selection or rejection & basis for contract price, maintain oversight of contractors; 200.318(b) include in quarterly report) o Contractor and subcontractors are bound by the terms of this Agreement. o Contractor and subcontractors must comply with 200.319- Full and open competition- Sealed bids in accordance with 2 C.F.R. 200.320(d) and 287.057(1)(a) o Contractor and subcontractors may not give brand name or geographic preference (unless approved by FDEM/FDEP) o Contractor and subcontractor must provide written statement to Division on whether Contractor is minority business enterprise as defined in Sec. 288.703, F.S. and execute Minority Business Form attached herein. o Contractor and subcontractor must comply with 200.321 Affirmative Steps. 9.33.30 ADDITONAL STATUTES AND REGULATIONS The Consultant/subconsultant assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes 39 (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes (14) 2 C.F.R. Part 200—Uniform Administrative Requirements, Cost Principles, and Audit 31 1383 Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title I I of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and Part 39 (23) 42 U.S.C. 5154a 9.34 APPLICATION OF TERMS AND CONDITIONS This Agreement is funded in part with grant funds from the Florida Department of Environmental Protection- Resilient Florida Program and a grant through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), which is administered through Florida Department of Emergency Management (FDEM). All work will be required to conform to the grant program requirements and will include but not be limited to an FDEP Sea-Level Impact Projection (SLIP) Study, an FDEM required Hydraulic and Hydrologic Study, preparation of National Environmental Policy Act (NEPA) and National Historical Preservation Act compliance documents and a Benefit Cost Analysis. The Consultant will be bound by the terms and conditions of that agreement. 9.35 EXECUTION This Agreement may be executed electronically and shall be regarded as an original and shall constitute one and the same instrument of this Agreement. 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 Date: MONROE COUMCY ATTORNEY IP srtiru,s � CHRISTINE UMBEXr-BARROWS ASSISTANT'COUNTY ATTORNEY IDATE. �L3.Q/24................... (Seal) WSP USA, INC. Attest: BY:: By: Digitally signed by jennifer.brunton@wsp.COM DN^ cn=jennifer.bmnton@wsp.com Senior Vice President Date 2024.09.30 16 12 14-04'00' Title: Title: END OF AGREEMENT 32 1384 ATTACHM ENT A SCOPE OF SERVICES 33 1385 September 26, 2024 EXHIBIT A i I PROPOSAL FOR ENGINEERING DESIGN, PERMITTING AND LIMITED CONSTRUCTION SUPPORT SERVICES FOR THE BIG COPPITT ELEVATION AND STORMWATER PROJECT BIG COPPITT KEY MONROE COUNTY, FLORIDA I 1386 SCOPE OFSERVICES FORCONSULTING ENGINEERING SERVICES This Exhibit forms an integral part of the agreement between the Monroe County Engineering Services Department (hereinafter referred to as the COUNTY) and WSP USA, Inc. (hereinafter referred to as the CONSULTANT) relative to the facility described as follows: Engineering design and permitting services for roadway reconstruction and stormwater management systems for nineteen roadways within Big Coppitt Key, Monroe County, Florida. 1 PURPOSE The Scope of Services establishes which items of work are specifically prescribed to accomplish the work included in this contract, and also indicates which items of work will be the responsibility of the CONSULTANT and/or the COUNTY. Any COUNTY requested modifications to this scope of services during the design effort development will be incorporated upon the approval of the labor efforts required for such modifications. The CONSULTANT shall demonstrate good project management practices while working on this project.These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file. CONSULTANTS are expected to know the laws and rules governing their professions and are expected to provide services in accordance with current regulations, codes and ordinances and recognized standards applicable to such professional services. The Consultant shall provide qualified technical and professional personnel to perform to COUNTY standards and procedures, the duties and responsibilities assigned under the terms of this agreement. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of contract documents, including Construction documents. The COUNTY's technical reviews are for high-level conformance and are not meant to be comprehensive reviews. The CONSULTANT shall be fully responsible for all work performed and work products developed under this Scope of Services. The COUNTY may provide job-specific information and/or functions as outlined in this contract, if favorable. 2 PROJECT DESCRIPTION The COUNTY has retained the CONSULTANT to design, permit and construct improvements to 19 roads within Big Coppitt, which is located in Monroe County at approximately mile marker 10. Improvements will include reconstructing and elevating the roads to adapt for current and future sea level rise impacts based on the NOAA 2017 intermediate high sea level rise predictions through 2045. Work will include designing, permitting and constructing a stormwater management system consisting of a collection system, treatment unit, pump station and disposal system, utility coordination for adjustment and relocation, coordination with adjacent property owners for easements as needed, private property harmonization and all other improvements necessary to provide a functioning roadway system. 2 1387 The following Big Coppitt specified roads will be designed for a target elevation of 2.26-feet of elevation NAVD88 measured at the edge of pavement with the flexibility to adjust the target elevation to accommodate harmonization into private properties: • Verde Drive • El Monte Lane • Pequena Lane • Del Mar Blvd • Barcelona Drive • Puerta Drive • Shore Avenue • 5th Street • Avenue G • Avenue F • Avenue E • Avenue D • Avenue C • Avenue B • 1 st Street • Prado Circle • Riviera Drive • Avenue F • 4th Street The project will be partially funded by a grant from the Resilient Florida Grant Program through the Florida Department of Environmental Protection (FDEP) and a grant through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), which is administered through Florida Department of Emergency Management (FDEM). The CONSULTANT will be required to implement the project to conform to the grant program requirements and will include but not be limited to an FDEP Sea-Level Impact Projection (SLIP) Study, an FDEM required Hydraulic and Hydrologic Study, preparation of National Environmental Policy Act (NEPA) and National Historical Preservation Act compliance documents and a Benefit Cost Analysis. The CONSULTANT is tasked with design for construction conformance with the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways ("Florida Greenbook") and Monroe County standards, and shall include, but shall not necessarily be limited to, plans and specifications which describe systems, elements,details,components, materials, equipment, and other information necessary for construction. The CONSULTANT will apply for and obtain all necessary permits for construction, including but not limited to environmental permits from South Florida Water Management District (SFWMD), Florida Department of Environmental Protection (FDEP), as well as building permits from the Monroe County Building Department, if needed. The CONSULTANT shall investigate the status of the project and become familiar with concepts and commitments (typical sections, alignments, etc.) developed from prior studies and/or activities.The CONSULTANT shall use the approved concepts from prior studies as a basis for the design unless otherwise directed by the COUNTY. The project will include completion of design for construction and any required permitting for elevating specified roadways, resurfacing/reconstruction and drainage system improvements in the roadways listed below. 3 1388 Meetings and coordination with environmental regulatory agencies such as South Florida Water Management District, U.S. Army Corps of Engineers and the Florida Keys National Marine Sanctuary during design phase will be conducted. Public information/impact meetings will be conducted during the design phase,at the request of the COUNTY. Geotechnical Exploration and Analysis will be provided as well as topographic services. Partial property surveys will need to be conducted for construction easements, driveway harmonization and environmental permitting related conditions. CONSULTANT will evaluate the SLR projections and determine the level of service that can be provided in areas where the target elevation cannot be met due to harmonization constraints. In areas where a higher level of service can be provided (i.e higher target elevations),the consultant will evaluate the feasibility and cost differential for the COUNTY's consideration and decision. The CONSULTANT is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the COUNTY and FDEP. Work shall be prepared using AutoCAD software with English units in accordance with the latest editions of standards and requirements utilized by the COUNTY which includes FDOT, AASHTO, FDEP SFWMD, USACE or applicable codes to the design components. 3 SCOPE OF WORK The CONSULTANT shall analyze and document Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall design the project using the most appropriate consideration for the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, existing vegetation to be preserved, pedestrian and bicycle concerns, and Americans with Disabilities Act (ADA) requirements. The CONSULTANT shall establish a design that minimizes impacts to the private properties while meeting corresponding design criteria based on safety, operation, and resiliency. The CONSULTANT shall furnish construction contract documents as follows to adequately control, coordinate, and approve the work concepts. The CONSULTANT shall distribute electronic submittals as directed by the COUNTY. It is the responsibility of the COUNTY to compile all comments from the various reviewing party and submit to the CONSULTANT. Task 1 — Data Collection and Processing SURVEY Right-of way survey was conducted as part of the Monroe County Roadway Vulnerability Analysis and Capital Plan.The main purpose of the ROW survey was to confirm ROW location information in these areas and ensure accurate documentation of potential impacts. The CONSULTANT will utilize the survey information captured as part of the Monroe County Roadway Vulnerability Analysis and Capital Plan as the basis of the design survey within the project area to support design of required roadway improvements. The survey information will be 4 1389 supplemented by LIDAR data available from Monroe County Mobile LiDAR Vertical Accuracy Assessment- Road Elevation Data and Finished Floor Elevations Technical Memorandum will be utilized for areas beyond the right-of-way. The project area limits of survey are depicted on Figure 1 below. u I Figure I-Prajeet Limits Boundary control within and adjacent to the project area will be recovered and located to support the mapping of the road right-of-way throughout the project. Apparent property lines for individual ownerships within the project area will be depicted based upon available record data, occupation, and Monroe County Property Appraiser's data. This survey will not be a boundary survey of each individual parcel within the project area. Existing accessible significant surface improvements and evidence of subsurface improvements along the project roadways and within ten feet outside the road rights-of-way will be located and mapped. This will include the following: • Stormwater and sanitary sewer structures (type, material, size, and elevations of • accessible structure rim and inverts). • Buildings • Proposed Pump Station Location • Environmental sensitive and conservation lots • Archaeological and historical sites • Trees 6 inches in diameter (DBH) or larger. • Limits of landscaped areas, not individual plants. • Pavement limits • Driveways • Walls • Cross sections along roadway and at driveways. Spacing to be no greater than 100 feet along roadway. Roadway cross sections taken at driveways will be measured along the approximate centerline of the driveway and extend approximately 10 feet outside the road right-of-way. • Evidence of subsurface utility lines (hydrants, valves, witness signs, meters, handholes, manholes, cleanouts, pedestals, transformers, equipment cabinets, poles, outlets, etc.) 5 1390 Subsurface or buried utility lines will be mapped in a manner consistent with ASCE Standard 38- 02, Quality Level C. This includes the mapping of buried utility lines based upon record data provided by the utility owners, client, Engineer of Record or other sources and the surveyed position of surface evidence of the buried utilities, such as valves, witness signs, meters, handholes, manholes, cleanouts, transformers, equipment cabinets, poles, and outlets. The position of the record data will be correlated to the apparent surface evidence. This task does not include the excavation and verification of subsurface utilities or improvements. Upon completion of field survey activities,a certified survey,compiled in AutoCAD Civil 3D format, will be produced to map and portray existing site conditions within the survey project limits. Final deliverable products will include survey drawings in both PDF and DWG file formats. All work and products will be produced in conformance with Florida Administrative Code Rule Chapter 5J-17, Standards of Practice, pursuant to Chapter 472, Florida Statues. ECOLOGICAL The CONSULTANT will conduct an Ecological Investigation of the proposed project site. The CONSULTANT will delineate the limits of wetlands in the area to be disturbed by the proposed activities in accordance with the Florida wetland delineation method, "Delineation of the Landward Extent of Wetlands and Surface Waters" (Chapter 62-340, FAC).The limits of wetlands will be delineated in the field and marked with labeled field flagging and/or pin flags. These points will be documented with a handheld Global Positioning System (GPS) unit with sub-meter accuracy. Field observations will also be documented in field notes, field forms, and digital photographs. The CONSULTANT will identify and mark the wetland seasonal high-water line (SHWL) and normal pool elevations where these occur above the ground surface. The CONSULTANT will evaluate the existing wetlands using the Uniform Mitigation Assessment Method (UMAM). The CONSULTANT will conduct a Threatened and Endangered (T&E) species survey of the proposed project site to determine if listed species or critical habitats are present. The survey will include a literature search and mapping effort to identify species potentially found on the site. Maps of previous sightings and the essential habitat of listed species will be developed. Distances from the project site to each feature will be calculated and compared to regulatory constraints. The scientists will also conduct direct investigations and observations of the project site. The site will be inspected by qualified scientists. The scientists will conduct a pedestrian visual survey of the site. Records will be made of wildlife observed, listed plant species found, evidence of wildlife utilization, and appropriate habitat for listed species.The locations of notable wildlife, plant,and habitat observations will be recorded using a sub-meter GPS. The CONSULTANT will prepare and submit an Ecological Report describing the natural resources in the area and listed species observed within the project site. The report will also contain maps of sightings as well as adjacent species occurrence in proximity to the project site. 6 1391 This task does not include intensive species-specific surveys or critical habitat mapping. If it is determined that such surveys are necessary following the initial investigation, The CONSULTANT will promptly notify the client of such recommended additional studies that may be required. GEOTECHNICAL Site Reconnaissance The CONSULTANT will conduct a site visit to assess the field conditions of the project and evaluate the location for the proposed borings and permeability test locations. While onsite the CONSULTANT will assess the MOT (Movement of Traffic) efforts, required to complete the assignment. Roadway STP Borings (6 ft Deep) The CONSULTANT proposes to perform 36 Standard Penetration Testing (SPT) Borings, at an approximate frequency of one every 500 lineal feet (or minimum one per road) of roadway alignment along 21 roads. 36 SPTs does not cover the full 26,000 If of roadway based on the noted frequency.The 36 SPTs will be selected based on the minimum one per road and emphasis on locations with more anticipated design enhancements. The SPT borings will be extended to a nominal depth of 6 feet below the existing surface (BES),or refusal. Ground water levels, thicknesses of pavement asphalt and pavement base, will also be determined during SPT Borings execution. Determination of each boring elevation of the borings is not part of this scope de work. All depths are indicated from the existing ground surface (GS) or top of pavement (TOP). It is expected that most of the SPT borings will reach Limestone at relatively shallow depths, if refusal is not encountered, or soft (unsuitable) material is encountered at the proposed depth (6 feet), the CONSULTANT is authorized to increase the exploration upon conferencing with the CONSULTANT Project Geotechnical engineer. The SPT borings will be logged/monitored by the CONSULTANT in a manner that accurate reflects soils descriptions and boundaries.The COUNTY requests that the monitored locations be reflected on the design plans to be developed as part of Tasks 3.1 and 3.2.The soil samples will be transported to the CONSULTANT's laboratory for soil classification and testing. Approximately 140 laboratory tests,including grain sizes,organics,fines content,water content, modified Proctors, and LBR tests are planned to be completed to support our exploration. Injection Point SPT Borings (150 ft Deep) The CONSULTANT also proposes to perform 3 SPT borings to a depth of 150 feet. The testing will be paired with collecting water samples approximately every 5 feet from depths ranging from 10 feet. These tests will be completed to obtaining soil and groundwater data to develop a reasonable assurance report for design of a proposed stormwater injection wells. Water sampling includes testing for total dissolved solids (TDS) to aid in determining the interface between the Class G-II and G-III aquifers. WSP's driller will leave about 45 feet of steel casing in the ground to allowwater sampling to proceed.The COUNTY requests that the monitored locations be reflected on the design plans to be developed as part of Tasks 3.1 and 3.2. Pump-Stations STP Borings(25 ft Deep) In addition to the above-described exploration,the CONSULTANT proposes to perform four(4) SPT Borings, to a depth of approximately 25 feet, at the location of the proposed Pump Stations. The SPT borings will be extended to a nominal depth of 25 feet below the existing surface (BES), or refusal. If refusal is not encountered, or soft (unsuitable) material is encountered at the 7 1392 proposed depth (25 feet),the CONSULTANT is authorized to increase the exploration upon conferencing with the CONSULTANT's Project Geotechnical engineer. The purpose of this portion of our geotechnical exploration,is to obtain subsurface soils information to evaluate the suitability of the proposed pump station site soils, for supporting the planned structure. The SPT borings will be performed obtaining continuous sampling to reach depths of 10 feet, and deeper than 10 feet sampling will be taken every 5 feet to termination depth of each boring.The COUNTY requests that the monitored locations be reflected on the design plans to be developed as part of Tasks 3.1 and 3.2. Double Ring Infiltrometer (DRI) The CONSULTANT will perform 20 Double Ring Infiltrometer (DRI) tests. This testing will be performed on selected areas along the roadway edge of pavement.The DRI tests data will be used to obtain site specific infiltration rates for stormwater drainage design. SURVEY CONSULTANT will recover and/or re-establish right of way monumentation to provide rights of way lines, centerlines, property lines, and parcels with their number throughout limits of the project. CONSULTANT will utilize LiDAR data by the COUNTY. CONSULTANT will process this information, and create linework, break lines and a Digital Terrain Model (DTM). CONSULTANT will supplement the LiDAR with topographic survey where the LiDAR information may be insufficient. The Topographic Survey will consist of, but will not be limited to the following; paved roads,signs, trees, above ground evidence of underground utilities, manholes, drainage structures, driveways, etc. Horizontal control will be referenced to the State Plane Coordinate System (Florida East Zone NAD 83/201 1). Vertical control will be referenced to NAVD 1988 established from the nearest governmental benchmark of record. Survey limits: As noted in the Project Description, the project will be associated with the listed roadways. The survey will extend approximately 25 feet beyond the rights of way. Engineering and Reporting Upon completion of the fieldwork, the CONSULTANT will prepare an engineering report that includes the results of the field and laboratory exploration. The report will describe the methodology utilized for obtaining the data. Based upon the data obtained from the exploration, the CONSULTANT will provide the parameters needed to complete pavement design, selection and depths for the site Injection Points, and establish parameters for design of the proposed pump station(s), and field data applicable for the site stormwater drainage design. DELIVERABLE(S):An electronic deliverable(PDF)will be submitted according to the Schedule, Fee& Closing section. 8 1393 Task 2— Public Outreach Meeting#1 The CONSULTANT will work with the COUNTY to distribute letters to the residents within the Big Coppitt Key community to notify them of the project and obtain contact information for future correspondence. The CONSULTANT will host a virtual or in person meeting with the residents of the Big Coppitt Key community to go over the design approach for the project and respond to questions from residents. Information to be presented may include roll plots of streets and visual aids, i.e. PowerPoint presentation. The CONSULTANT will create a sign in sheet with resident email addresses, phone numbers, home addresses, etc. for future correspondence. The CONSULATNT will summarize comments made during or after the meeting and responses to those comments for future correspondence. DELIVERABLE(S):An electronic deliverable (PDF) of the sign in sheet with resident email addresses, phone numbers, home addresses, meeting minutes and comments/ responses document. Task 3 — 30% Roadway and Drainage Submittal Roadway and drainage design are the primary components emcompassed in the completion of this project. Utility coordination will be significant due to the limited right-of-way. The CONSULTANT 3_1 ROADWAY DESIGN The CONSULTANT shall analyze and document Roadway Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 3.1.1 Typical Section Design The CONSULTANT shall prepare the Typical Sections based on the corresponding design criteria. Coordination will be conducted with County for review and approval of Typical Sections. 3.1.2 Pavement Design Package The CONSULTANT shall provide an approved Pavement Design Package for the entire neighborhood. This effort includes estimation of Equivalent Single Axle Load (ESAL) value if traffic data is available and review of pavement coring data through coordination with the geotechnical engineer. 3.1.3 Horizontal/Vertical Master Design Files The CONSULTANT shall design the geometrics using the Standard Plans that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, existing vegetation to be preserved, pedestrian and bicycle concerns, ADA requirements and scope of work. 3.1.4 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with CADD standards acceptable to the COUNTY. 9 1394 3.1.5 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations, roadway pavement, drainage structures, ditches, front slopes, back slopes, drop offs within clear zone, and traffic monitoring sites. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times.The design shall include construction phasing of roadways to accommodate the construction or relocation of utilities. The CONSULTANT shall investigate the need for temporary traffic signals or signs, temporary lighting, and alternate detour roads in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by FDOT and COUNTY. Before proceeding with the Traffic Control Plan, the CONSULTANT shall meet with the appropriate COUNTY personnel. The purpose of this meeting is to provide information to the CONSULTANT that will better coordinate the Preliminary and Final Traffic Control Plan efforts. The CONSULTANT shall consider the local impact of lane closures. When the need to close a road is identified during this analysis, the CONSULTANT shall notify the COUNTY's Project Manager as soon as possible. Proposed road closings must be reviewed and approved by the COUNTY. Diligence shall be used to minimize negative impacts by appropriate specifications, recommendations or plans development. Local impacts to consider will be local events, holidays, peak seasons,detour route deterioration and other eventualities. 3.1.6 Other Roadway Analysis (Harmonization) The CONSULTANT shall establish a design that minimizes impacts to the private properties while meeting corresponding design criteria based on safety, operation, and resiliency. The CONSULTANT will incorporate sidewalks into the design between I` Street and 411 Street. The specific location will be confirmed during initiation of Task 1. 3.1.7 Design Report The CONSULTANT shall prepare a Design Report to document decisions and establish design criteria. 3.1.8 Quantities The CONSULTANT shall develop accurate quantities and the supporting documentation, including construction days when required. The CONSULTANT shall prepare Roadway and Drainage plans,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. i. Key Sheet with street names and page numbers ii. Summary of Pay Items Including Quantity Input iii. Typical Section Sheets iv. General Notes/Pay Item Notes V. Summary of Quantities Sheets vi. Project Layout vii. Plan Sheet viii. Project Control Sheets ix. Utility Verification Sheets (SUE) 10 1395 X. Summary of Drainage Structures (See Sands example SD-1 B with GPS coordinates) A Site Plan with proposed drainage element locations xii. Pump Station general notes xiii. Erosion Control Plan Sheet(s) xiv. Quality Assurance/Quality Control 3_2 DRAINAGE DESIGN The CONSULTANT shall analyze and document Drainage Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The drainage design tasks will include the following elements: • A gravity conveyance system will be provided throughout the project, based on estimated quantities provided as part of the COUNTY Vulnerability Study. • Pump stations and associated force mains will be provided at select locations within the project limits. The number of estimated pump stations is based on estimated quantities provided as part of the COUNTY Vulnerability Study. • Injections wells will be provided throughout the project, based on estimated quantities provided as part of the COUNTY Vulnerability Study. The existing ponding observed during the field review and/or documented by photographs provided by the COUNTY will be addressed with injection wells. The injection wells will be detailed in the plans. • CONSULTANT will determine the horizontal extent of underground utilities including water and sewer at the drainage conveyance system, at the pump station and the selected disposal system such as force main and injection wells. • CONSULTANT will review the proposed location of the conveyance drainage system and the selected disposal system such as force main and injection wells and will make an effort to avoid utility impacts. Due to the limited right-of-way, it is expected that utility conflicts will be unavoidable. • A detailed drainage approach inclusive of existing topography, existing utilities, proposed typical sections, proposed horizontal and vertical alignments,with locations of the proposed drainage improvements will be included in the 30% Design submittal. 3.2.1 Drainage Analysis The CONSULTANT will prepare a conceptual drainage plan outline the potential location of drainage infrastructure, including injection wells, pumping stations. 3.2.2 Hydrologic & Hydraulic Model The CONSULTANT will prepare a preliminary existing and proposed conditions stormwater model to address regulatory and grant requirements for the site. The CONSULTANT will create a (pre and/or post condition) working drainage basin map to be used in defining the system hydrology.This map shall incorporate drainage basin boundaries,existing survey and/or LiDAR and field observations,as necessary, to define the system. Basin delineations shall also include any existing collection systems in a logical manner to aid in the development of the hydraulic model. 3_3 UTILITY COORDINATION The CONSULTANT will send locate request to the utility companies (i.e. Keys Energy Services, Florida Keys Aqueduct Authority-FKAA, AT&T, and Comcast) that include overhead / underground electric, potable water, landscape irrigation, sanitary sewer, and stormwater to initiate the conversations and discuss design approach for the project. II 1396 Coordination with FKAA on any planned upgrades for the community, FKEC on power requirements for the pump station and FKAA coordinate early to avoid impacts to their proposed water main project.Written acceptance,including emails,will be received from utilities on design approach prior to proceeding. The CONSULTANT shall review utility marked plans and data individually as they are received for content. The information from the UAO (utility type, material, and size) will be included in the plans. 3.4 OPINION OF PROBABLE CONSTRUCTION COST The CONSULTANT will develop a 30%-level opinion of probable construction cost based on the plans, notes and details. DELIVERABLEM: An electronic deliverable (PDF) of the plans, engineer's opinion of probable construction cost, preliminary stormwater model and drainage report. Task 4— 60% Roadway and Drainage Submittal The CONSULTANT will incorporate COUNTY comments from the 30% submittal. The CONSULTANT shall prepare Roadway and Drainage plans,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. i. Key Sheet with street names and page numbers ii. Summary of Pay Items Including Quantity Input iii. Typical Section Sheets iv. General Notes/Pay Item Notes V. Summary of Quantities Sheets vi. Project Layout vii. Plan/Profile Sheet viii. Profile Sheet ix. Plan Sheet X. Special Details A Cross Sections xii. Temporary Traffic Control Plans xiii. Temporary Traffic Control Details xiv. Project Control Sheets xv. Utility Verification Sheets (SUE) xvi. Summary of Drainage Structures xvii. Site Plan with proposed drainage element locations xviii. Pump Station general notes xix. Pump Station Mechanical Plan Sheet xx. Wet Well Plan, Sections and Details xxi. Junction Box plan and details xxii. Trash Rack plan and details xxiii. Pollution Treatment Unit plan and details xxiv. Dissipater Structure Plan and details xxv. Electrical service (lightning protection) xxvi. Forcemain / Injection Well xxvii. Erosion Control Plan Sheet(s) xxviii. Quality Assurance/Quality Control 12 1397 The CONSULTANT shall provide an approved Pavement Design Package for the project area. This effort includes estimation of Equivalent Single Axle Load (ESAL) value if traffic data is available and review of pavement coring data. The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during the phases of construction.The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses,routing, signing and pavement markings, and detour quantity tabulations, roadway pavement, drainage structures, ditches, front slopes, back slopes, drop offs within clear zone, and traffic monitoring sites.Special consideration shall be given to the construction of the drainage system when developing the construction phases. The design shall include construction phasing of roadways to accommodate the construction or relocation of utilities. The CONSULTANT shall investigate the need for temporary traffic signals or signs, temporary lighting, and alternate detour roads in the analysis. The Traffic Control Plan shall be prepared by the CONSULTANT who has completed training,as required by FDOT and COUNTY. Before proceeding with the Traffic Control Plan, the CONSULTANT shall meet with the appropriate COUNTY personnel.The purpose of this meeting is to coordinate Preliminary and Final Traffic Control Plan efforts. The CONSULTANT shall consider the local impact of lane closures. When the need to close a road is identified during this analysis, the CONSULTANT shall notify the COUNTY's Project Manager as soon as possible. Proposed road closings must be reviewed and approved by the COUNTY. Diligence shall be used to minimize negative impacts by appropriate specifications, recommendations or plans development. Local impacts to consider will be local events, holidays, peak seasons, detour route deterioration and other eventualities. The CONSULTANT shall prepare and provide a specifications package. The Specifications Package shall be prepared using the FDOT Standard Specifications. The specifications package shall address construction items and areas of work including any Mandatory Specifications, BABA certifications, and Technical Special Provisions. The CONSULTANT will develop a 60%-level opinion of probable construction cost based on the plans, notes and details. The CONSULTANT shall identify utility facilities and plans from the Utility Agency Owners (UAO) to support addressing conflicts that may exist between utility facilities and verification that the COUNTY's construction project are addressed. The CONSULTANT shall transmit a set of plans and the utility conflict information (when applicable and in the format requested by the COUNTY) to each UAO having facilities located within the project limits. The CONSULTANT shall update the existing and proposed conditions stormwater model based on design updates. The CONSULTANT will design the discharge into deep wells to comply with regulatory requirements. Identify the location of the well, design the control structure/weir, and model the system using a routing program. DELIVERABLEM: An electronic deliverable (PDF) of the plans, technical specifications, engineer's opinion of probable construction cost, and final stormwater model and drainage report. 13 1398 Task 5— Public Outreach Meeting#2 The CONSULTANT will utilize the contact information derived from Task 2 to host a virtual or in person meeting with the residents of the Big Coppitt Key community to go over the design updates for the project and answer any questions from residents. The CONSULTANT will host a virtual or in person meeting with the residents of the Big Coppitt Key community to go over the design approach for the project and respond to questions from residents. Information to be presented may include roll plots of streets and visual aids, i.e. PowerPoint presentation. The CONSULTANT will create a sign in sheet with resident email addresses, phone numbers, home addresses, etc. for future correspondence. The CONSULTANT will summarize comments made during or after the meeting and responses to those comments for future correspondence. DELIVERABLE(S):An electronic deliverable (PDF) of the sign in sheet with resident email addresses, phone numbers, home addresses, meeting minutes and comments/ responses document. Task 6— 90% Roadway and Drainage Submittal The CONSULTANT will incorporate COUNTY comments from the 60% submittal and prepare the 90% plans, technical specifications and costing for permitting submittal. DELIVERABLE(S):An electronic deliverable(PDF)of the plans,technical specifications and Engineer's opinion of probable construction cost. This is inclusive of geotechnical report, ecological report,and survey. This task is developed to address revisions that maybe required by permitting agencies. Task 7— Permitting 7.1 30% DESIGN PHASE ACTIVITIES The CONSULTANT will schedule and conduct one pre-application meeting with the Florida Department of Environmental Protection (FDEP), South Florida Water Management District (SFWMD), Florida Keys National Marine Sanctuary (FKNMS) and one with the United States Army Corps of Engineers (USACE).The purpose of the meeting will be to gather feedback on the proposed improvements and potential regulatory hurdles. The CONSULTANT will record and prepare meeting minutes when not provided by the agency. 7.2 60% DESIGN PHASE ACTIVITIES The CONSULTANT will prepare and submit a Monroe County Building Department application, FDEP Injection Well Permit, SFWMD ERP and USACE 404 Permit application package for the proposed improvements.The CONSULTANT will submit the draft permit application package to the County for review and signatures. After concurrence from the County and obtaining signatures, the CONSULTANT will submit the required permit applications with attachments and supporting data to the permitting agencies. The CONSULTANT will respond to Request for Additional Information (RAls) from the Monroe County, FDEP,SFW MD, FKNMS and USACE each.The CONSULTANT will attend one joint field verification meeting with the agencies to reviewwetland delineations and observed site conditions. Permit application fees to paid directly by the client. Mitigation credits are to be 14 1399 purchased by the client at the direction and coordination of the CONSULTANT. If mitigation is required onsite a change order will be required to prepare mitigation and monitoring plans. DELIVERABLE(S):An electronic deliverable(PDF)of the permit applications and permit receipts. 7_3 FINAL DESIGN PHASE ACTIVITIES The CONSULTANT will submit final permit application packages as defined by permit applications completed in Tasks 7.1 and 7.2. The CONSULTANT will submit the required permit applications and possible re-submittals with attachments and supporting data to the permitting agencies. DELIVERABLE(S):An electronic deliverable(PDF)of the permit applications and permit receipts. Task 8— 100% Roadway and Drainage Submittal The CONSULTANT will incorporate COUNTY comments from the 90% submittal and agency comments during permitting to prepare the 100% plans, technical specifications and opinion of probable construction cost for bidding submittal. DELIVERABLE(S):An electronic deliverable(PDF)of the bid set plans,technical specifications and bid-level opinion of probable construction cost. Task 9— Public Outreach Meeting#3 (OMITTED) This task has been omitted from the scope of services. fG fG.F fi + r r. GieR^ce—.- Task 10— Bid Support Services Upon completion of the 100% submittal, CONSULTANT will assist the COUNTY, who will be procuring the construction of the project, with procurement documents. The CONSULTANT will provide the following services to assist the COUNTY for the procurement of a contractor for the construction of the project: • The COUNTY will prepare bid documents, the CONSULTANT will provide the 100%signed and sealed documents for the Request for Proposal (RFP). • The CONSULTANT will attend a pre-bid meeting to support the COUNTY in addressing any technical matters communicated during the pre-bid meeting. The CONSULTANT will develop meeting minutes. • The CONSULTANT will respond to applicable Proposers' Requests for Information (RFI's) 15 1400 that have been formally submitted to the COUNTY and assist in the preparation of Addenda, including revising the Request for Proposal Documents. DELIVERABLE(S):An electronic deliverable PDF of the 100%signed and sealed construction bid documents including plans, specification, meeting minutes, opinion of probable construction cost, RFI responses, and Addenda. Task 11 — Construction Phase and Grant Support Services 11.1 CONSTRUCTION PHASE ENGINEERING SERVICES(OMITTED) rem+eIAI Pf(41;-hl IiIJI; frPM 66jr-eyS GRGi R.,GFk ,r PFGVided 19Y GGAUGGiPF reel 1 of i 1r,fereceeA fieIGi r,rJi+ielps,r ed reyicir.rAc 4 +the P . + PeMcli#iRg 11.2 GRANT SUPPORT SERVICES 11.2.1 Division of Emergency Management Grant Support The CONSULTANT shall execute the project in accordance with the Hazard Mitigation Grant Program application requirements and supporting documentation will be provided for approval by the Florida Division of Emergency Management (Division) and FEMA. The CONSULTANT will submit the following documents with sufficient supporting documentation. a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. b) Construction Plans / bid documents developed as part of Task 8. c) Bid-phase Opinion of Probable Construction Cost developed as part of Task 8. d) Color maps including topographical, aerial, and ground disturbance. e) General description of the type of construction equipment that may be used during the proposed project's implementation and what activities it will facilitate. f) Color photographs of the project area and areas of ground disturbance. g) Copy of environmental permits or applications. h) Copy of USACE or FDEP Section 404 permit or No Permit Required notification from the appropriate permitting agency. i) Copy of the floodplain permit or notification of No Permit Required from the local floodplain administrator. j) A letter from the professional of record stating if the project will have any upstream or downstream impacts. k) A Benefit-Cost Analysis (BCA) using developed technical data and study results based on the inputs and outputs of the design. No assumptions or historical damage will be utilized in the calculation of the BCA. 11.2.2 Department of Environmental Protection Grant Support The CONSULTANT shall execute the project in accordance with the Resilient Florida Grant Program requirements and supporting documentation will to be provided for approval by FDEP. 16 1401 The CONSULTANT will submit the following documents with sufficient supporting documentation. a) SLIP study report, if applicable, pursuant to the relevant Florida Statute and Florida Administrative Code to be provided to the COUNTY in suitable time to allow the COUNTY to be approved and published by FDEP at least 30 days prior to construction beginning. b) Construction Plans / bid documents developed as part of Task 8. c) Bid-phase Opinion of Probable Construction Cost developed as part of Task 8. d) Copy of environmental permits or applications. e) Copy of USACE or FDEP Section 404 permit or No Permit Required notification from the appropriate permitting agency. f) Copy of the floodplain permit or notification of No Permit Required from the local floodplain administrator. DELIVERABLE(S): support documentation, as required, for compliance with the Hazard Mitigation Grant Program and Resilient Florida Grant Program applications. Task 12 — Project Management From Notice-To-Proceed, the CONSULTANT will be responsible for meeting coordination, management, schedule requirements, invoicing and quality control needs of the COUNTY. Contract maintenance includes project management effort for setup and maintenance of files, electronic folders and documents, developing technical monthly progress reports and schedule updates. Project documentation includes the compilation and delivery of final documents, reports or calculations that support the development of the contract plans. 12.1 PROJECT SCHEDULE The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY.The CONSULTANT will schedule activities necessary to meet the current COUNTY Production Dates in compliance with associated grants and communicated funding milestones. For the purpose of scheduling, the CONSULTANT shall allow for a two (2) week review time for each phase submittal. The schedule shall provide a summary of required submittals. The project schedule shall be reviewed with the approval of the COUNTY. 12.2 PROJECT MEETINGS The CONSULTANT will prepare for and conduct a kick-off meeting for the project with the COUNTY to review the scope of services, schedule and budget, and discuss initial critical design considerations/preferences and gather any additional available data. The CONSULTANT will hold bi-weekly progress meetings during the design. The CONSULTANT will have Quarterly grant assistance meetings the COUNTY to support required quarterly updates, reimbursement request, and deliverables as defined by the various grant programs tied to this project. 17 1402 The CONSULTANT shall attend 24 technical meetings to execute the Scope of Services of this contract.Technical meetings include meetings to discuss engineering,design and permitting- related matters with the COUNTY, Regulatory Agency staff, disciplines and subconsultants, local governments, progress review meetings and miscellaneous meetings as requested by the COUNTY. The CONSULTANT shall prepare and submit to the COUNTY's Project Manager for review meeting minutes for scheduled meetings. 12.3 QUALITY CONTROL (QC) The CONSULTANT is responsible for independent and continuous QC of the project plans and deliverables. The CONSULTANT will regularly communicate with the COUNTY's Project Manager to discuss and resolve issues or solicit opinions from those within designated areas of expertise. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of surveys, designs, drawings, specifications and other services furnished by the CONSULTANT and their subconsultant(s) under this contract. The CONSULTANT 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. The CONSULTANT shall describe how the checking and review processes are to be documented to verify that the required procedures were followed. The Quality Control Plan shall be one specifically designed for this project. The Quality Control Plan shall include the names of the CONSULTANT's staff that will perform the quality control reviews.The Quality Control reviewer shall be a Florida Licensed Professional Engineer fully prequalified under F.A.C. 14-75 in the work type being reviewed.A marked up set of prints from a Quality Control Review indicating the reviewers for each component (structures, roadway, drainage, signing and marking) and a written resolution of comments will be required, if requested by the COUNTY, with each phase submittal. 4 ASSUMPTIONS The above-described engineering services are based upon the following assumptions: • The COUNTY will make the existing information available to the CONSULTANT in a timely fashion • The COUNTY will utilize its boilerplate front-end contract documents for bidding. If the CONSULTANT believes that significant changes or supplemental conditions are required to the COUNTY'S front-ends, the CONSULTANT will discuss the recommendations with the County and provide a separate proposal for an amendment for additional scope and compensation • The COUNTY will provide review comments within two weeks of delivery of submittals requested to be reviewed • The COUNTY will be available for key meetings within two weeks of the requested date • The vertical extent of the underground utilities will not be obtained for this project. • Construction inspection/RPR services are not included in this scope of work • The SFWMD ERP application will not include information related to wetlands and/or threatened and endangered species. These services if determined to be required during the course of this project will require additional scope and budget or authorization from the allowance 18 1403 • COUNTY will pay all permit application fees • LiDAR information will be provided by the COUNTY to analyze the vertical data on the roads. In the instance there is a technical discrepancy between the survey and LiDAR, the CONSULTANT will notify the COUNTY of a methodology to address any variance. No additional topographic surveying is included within the scope of service • The CONSULTANT will respond to applicable Proposers' Requests for Information (RFI's) that have been formally submitted to the COUNTY and assist in the preparation of Addenda, including revising the Request for Proposal Documents during the bidding phase (Task 10). • CONSULTANT will respond to RFI's and shop drawing reviews during the bid process. If additional reviews are needed, the CONSULTANT will work with the COUNTY to address compliance with the plans and permits (Task 11). • County Vulnerability Study identified 4 pump stations as part of the drainage components required for this project.CONSULTANT has based the drainage design on attempting to reduce the pump stations to 3 as part of the Tasks 3, 4, 6 and 8.Should the performance of the hydrological and hydraulic analysis in Task 3 indicate more than 3 pump stations are required to meet COUNTY level of service, CONSULTANT will provide documentation to the COUNTY and may request authorization for additional design fees. • An Allowance is included within the scope of services. The CONSULTANT is not authorized to utilize without prior written authorization from the COUNTY. 5 SCHEDULE,FEE,AND CLOSING Invoices will be submitted monthly and shall include a project deliverable progress memorandum which sufficiently document work performed. The costs of providing the professional services shall be included on a not-to-exceed basis, as outlined in Attachment A. See below breakdown of the task deliverables and duration (included 2 week COUNTY review). 19 1404 TASK ACTIVITY DELIVERABLE DURATION (FROM NTP) 1 Data Collection/ Electronic copies of 3 MONTHS Processing ecological,survey, and geotechnical reports 2 Public Outreach Electronic copy of meeting 4 MONTHS Meeting #1 minutes 3 30%Roadway and Electronic copy of plans, 6 MONTHS Drainage Submittal technical specifications, and engineer cost estimate 4 60% Roadway and Electronic copy of plans, 10 MONTHS Drainage Submittal technical specifications, and engineer cost estimate 5 Public Outreach Electronic copy of meeting 11 MONTHS Meeting #2 minutes 6 90% Roadway and Electronic copy of plans, 13 MONTHS Drainage Submittal technical specifications, and engineer cost estimate 7 Permitting Electronic copy of permit 19 MONTHS applications and final copies 8 100%Roadway and Electronic copy of plans, 20 MONTHS Drainage Submittal technical specifications, and engineer cost estimate 9 Public Outreach GIQGfFGAiG GGPY„f ,sooting 21 MCWTHS Meeting #3 (OMITTED) 10 Bid Support Services Electronic copy of 24 MONTHS inspection report 11 Grant Support Services Electronic copy of TBD UPON inspection report CONSTRUCTION CONTRACT 12 Project Management Electronic copies of ENTIRE invoices, project status CONTRACT reports, and quality assurance /control reports 20 1405 MONROE COUNTY I ENGINEERING DESIGN AND PERMITTING FOR THE BIG COPPITT ROAD ELEVATION AND STORMWATER DESIGN AND PERMITTING PROJECT WSP USA Inc. (WSP) has entered into a Professional Services Agreement with Monroe County Board of County Commissioners ("Owner") in connection with Engineering Design and Permitting Services for the Big Coppitt Road Elevation and Stormwater Improvement Project ("Project"). HDR Engineering, Inc.(HDR)will be providing support to WSP with the completion of the following services in relation to the Project. 1 Roadway Design The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 1.1 Typical Section Design The CONSULTANT shall prepare the Typical Sections based on the corresponding design criteria. Coordination will be conducted with County for review and approval of Typical Sections. 1.2 Pavement Design Package The CONSULTANT shall provide an approved Pavement Design Package for the entire neighborhood.This effort includes estimation of Equivalent Single Axle Load (ESAL) value if traffic data is available and review of pavement coring data through coordination with the geotechnical engineer. 1.3 Horizontal/Vertical Master Design Files The CONSULTANT shall design the geometrics using the Standard Plans that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, existing vegetation to be preserved, pedestrian and bicycle concerns, ADA requirements and scope of work. 1.4 Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the COUNTY's CADD standards if available. 1.5 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations, roadway pavement, drainage structures, ditches, front slopes, back slopes, drop offs within clear zone, and traffic monitoring sites. Special consideration shall be given to the construction of the drainage system when developing the construction phases. Positive drainage must be maintained at all times. The design shall include construction phasing of roadways to accommodate the construction or relocation of utilities. The CONSULTANT shall investigate the need for temporary traffic signals or signs, temporary lighting, and alternate detour roads in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by FDOT and COUNTY. Before proceeding with the Traffic Control Plan, the CONSULTANT shall meet with the appropriate COUNTY personnel. The purpose of 8333 NW 53rd Street,Suite 302 hdrinc.co Doral,FL 33166 1406 MONROE COUNTY I ENGINEERING DESIGN AND PERMITTING FOR THE BIG COPPITT ROAD ELEVATION AND STORMWATER DESIGN AND PERMITTING PROJECT this meeting is to provide information to the CONSULTANT that will better coordinate the Preliminary and Final Traffic Control Plan efforts. The CONSULTANT shall consider the local impact of lane closures. When the need to close a road is identified during this analysis, the CONSULTANT shall notify the COUNTY's Project Manager as soon as possible. Proposed road closings must be reviewed and approved by the COUNTY. Diligence shall be used to minimize negative impacts by appropriate specifications, recommendations or plans development. Local impacts to consider will be local events, holidays, peak seasons, detour route deterioration and other eventualities. 1.6 Other Roadway Analysis(Harmonization) The CONSULTANT shall establish a design that minimizes impacts to the private properties while meeting corresponding design criteria based on safety, operation, and resiliency. 1.7 Design Report The CONSULTANT shall prepare a Design Report to document decisions and establish design criteria. 1.8 Quantities The CONSULTANT shall develop accurate quantities and the supporting documentation, including construction days when required. 1.9 Cost Estimate-To be developed at 60916, 90916, and 1001 design submittals. 1.10 Field Reviews 1.11 Quality Assurance/Quality Control The CONSULTANT shall prepare Roadway plans, notes, and details. For review by County at 30%, 60%, 90%. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. i. Key Sheet with street names and page numbers ii. Summary of Pay Items Including Quantity Input iii. Typical Section Sheets iv. General Notes/Pay Item Notes V. Summary of Quantities Sheets vi. Project Layout vii. Plan/Profile Sheet viii. Profile Sheet 8333 NW 53rd Street,Suite 302 hdrinc.co Doral,FL 33166 1407 MONROE COUNTY I ENGINEERING DESIGN AND PERMITTING FOR THE BIG COPPITT ROAD ELEVATION AND STORMWATER DESIGN AND PERMITTING PROJECT ix. Plan Sheet X. Special Details (Includes driveway connection details) A Cross Sections xii. Summary of drainage structures table with GPS coordinates and street names xiii. Temporary Traffic Control Plans xiv. Temporary Traffic Control Details xv. Project Control Sheets xvi. Utility Verification Sheets (SUE) xvii. Quality Assurance/Quality Control The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with all applicable manuals,guidelines,standards,handbooks,procedures,and current design memorandums.The CONSULTANT shall prepare Signing&Pavement Marking plans,notes,and details. For review by County at 60%and 90%.The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. 2 Utilities The CONSULTANT shall identify utility facilities and plans from the Utility Agency Owners (UAO) ensuring all conflicts that exist between utility facilities and the COUNTY's construction project are addressed. 2.1 Identify Existing Utility Agency Owner(s) The CONSULTANT will send locate request to the utility companies (F K E C , F K A A , AT&T, and C o m c a s t) which include overhead / underground electric, potable water, landscape irrigation, sanitary sewer, and stormwater to initiate the conversations and discuss design approach for the project. Coordination with FKAA on planned upgrades for the community and FKEC on power requirements for the pump station to get buy in by them for design early on to avoid impacts. Email acceptance will be received from utilities on design approach prior to proceeding. The CONSULTANT shall review utility marked plans and data individually as they are received for content. Verify information from the UAO (utility type, material, and size) is sent to the designer for inclusion in the plans. 2.2 Make Utility Contacts First Contact: The CONSULTANT shall send letters and a set of plans to each utility. Includes contact by phone for meeting coordination. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit a set of 60% plans and the utility conflict information (when 8333 NW 53rd Street,Suite 302 hdrinc.co Doral,FL 33166 1408 MONROE COUNTY I ENGINEERING DESIGN AND PERMITTING FOR THE BIG COPPITT ROAD ELEVATION AND STORMWATER DESIGN AND PERMITTING PROJECT applicable and in the format requested by the COUNTY) to each UAO having facilities located within the project limits. Not all projects will have all contacts as described above. 2.3 Field Reviews 2.4 Collect and Review Plans and Data from UAO(s) The CONSULTANT shall review utility marked plans and data individually as they are received for content. Verify information from the UAO (utility type, material, and size) is sent to the designer for inclusion in the plans. 2.5 Review Utility Markups&Agreements The CONSULTANT shall review utility marked-up plans and agreements as they are received for content, and coordinate review. Based on documentation received from the UAO, verify resolution between documented conflicts and the proposed construction plans/schedule. 2.6 Utility Coordination/Follow-up The CONSULTANT shall provide utility coordination and follow up. This includes follow- up and interpreting plans. Includes phone calls, face-to-face meetings, etc. Verify the resolution of all known conflicts. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. This task can be applied to all phases of the project. 3 SCHEDULE,FEE,ANDCLOSING Invoices will be submitted monthly and shall include deliverable backup which sufficiently document for the work performed including contract summary sheet, progress report, labor breakdown, rate sheet, and approved insurance. The costs of providing the professional services shall be included on a lump sum (LS) basis for the design phase submittals and time and material not to exceed (T&M NTE) basis for the Bidding and Construction Engineering support. The T&M NTE amount to complete the assignment is $682,748.73. See below breakdown of the task's deliverable, duration (included 2-week COUNTY review), and invoice amount. TASK ACTIVITY DELIVERABLE DURATION INVOICE (FROM NTP) AMOUNT 1 Roadway Design Electronic copies of plans, 20 MONTHS $646,851.66 (LS) (Includes SPM, technical specifications and Permitting, and PM) costing 2 Utilities Included within the design plans 20 MONTHS $25,637.42 (LS) 3 Bidding Support Services 20 MONTHS $8,259.65 (LS) 4 Expenses $2,000.00 (NTE) 8333 NW 53rd Street,Suite 302 hdrinc.co Doral,FL 33166 1409 rin Il i ..................... : ) rF , r (') iAaY Scope of Work TASK 7. Permitting The following task will be conducted as part of the permitting assistance for this project. Task 7.1 Permitting at Preliminary Design During this task, BA will coordinate with WSP to review background information, assess existing conditions, and research similar projects completed in the area. Additionally, BA will prepare a list of permits required for the project, along with contact information for each relevant agency.This task will also involve coordinating for regulatory agencies and obtaining environmental permits. The list of required permits and agencies with jurisdiction may include: • National Pollutant Discharge Elimination System (NPDES)Permit • Environmental Resource Permit — South Florida Water Management District (SFWMD) • Construction/Clearance Permit Application for Class V Well — Florida Department of Environmental Protection (FDEP) • Monroe County Building Department Task 7.1 Deliverables: BA will provide a list of agencies and contact information for required permits. Task 7.2 Pre-application meetings - 60% During this task BA will coordinate with WSP staff to contact and coordinate for Pre-application Meeting(s)with regulatory Agencies. Prior to commencing detailed design at 90%, BA will meet with each of the governmental agencies having authority over the project to confirm the agency's design criteria required for the project including wetland delineation(by othere)..BA will give advance notice to Monroe County of planned meetings with agencies and allow M onroe County's representative the opportunity to attend if so desired. Meetings per agency will be conducted at 60 percent,and after permit package submittal, as needed. Task 7.2 Deliverables BA will provide agency meeting summary notes—one (1) hard copy and an electronic copy. Task 7.3 Permit Package Submittals-90%1100% After 90 percent design completion, the BA staff will coordinate with WSP and prepare and submit permit packages for the agencies identified during the preliminary design. This scope includes re-submittals for per agency.Appropriate agency review comments will be incorporated into the 100 percent documents. Task 7.3 Deliverables: BA will provide two final copies of each permit application that will be submitted to the Monroe County, coordinate for RFls. 1410 September 9, 2024 WSP USA 5411 SkyCenter Drive, Ste 650 Tampa, Florida 33607 Dear Mr.Corning: This constitutes the proposal for task-related services on the Big Coppitt road elevation project: TASK 6- Public Involvement Under this task WSP will coordinate with Erin Deady and with Monroe County staf to prepare an Outreach Plan that identifies and provides contact information for key stakeholders and local residents,locations and methods and will coordinate and organize meetings. Two public meetings are presumed. The first step under this task is to organize a kick-of meeting(virtual and in-person)duringthe Conceptual Desing phase to present the Outreach plan with the County staf and engage residents to discuss the conceptual plan and to present the schedule. Follow up meetings to the kick-of meeting will be held at the diferent phases of the project as follows: • 60%design development • 100% construction documents To prepare for the meetings, WSP will prepare and electronic mail invitation flyers and prepare media releases for the County to distribute and advertise on its website,will information boards, and provide sign-in sheets and comment sheets Deliverables: 1. Outreach Plan in pdf and Word document. Document to include the goals and objectives, project description,tentative schedule and a list with telephone and email contact with project stakeholders. Fee: $2,000 2. Attendance at two public meetings Fee: $4,000 x 2 meetings a. Electronic files of press release, information boards and screenshots of County website calendar notice b. Meeting minutes will be prepared and shared with the stakeholder group. Please do not hesitate to reach out for any questions regarding this proposal. Thank you. Sincerely,ly Si6t C/ea4 Erin Deady,AICP, Esq. 1411 ATTACHMENT B WSP USA, INC. COST PROPOSAL 35 1412 M $O N m Qm s ° gaga oim� =gym mo H m E Q m &Q LE E W U Q R Q o R O Q8o m8 O o� � VI W S g 6 0 8 8888 8 8 K u0 w F K F o d dw 02 O Z 6 Z O w t U a l @ 0 8 Via` K F E w z K )Z o � t FOD zpZ O F Q °m wig 5 O F 0 KGQ @= 880 9 888 8 �2 oaf f E U w zF rF- F 6 Y 3 LL = o�i o8 00 8 w U 6 V. Z m l7 w 8 W F 0 8 0 0 8 0� 00 Z LL a W z za z W � Alp At U. A � a �z Zo � a u' u' (9�„ O 4�i 8 Cl V u Z RFUfox Engineering Design and Permitting Services Big Coppitt SECTION FOUR: RESPONSE FORMS RESPONSE FORM RESPOND TO: M[)NROE COUNTY BOARD OF COUNTY COK4K4|S8|[)NEF{8 c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 S|K8ONTON STREET KEY WEST' FLORIDA 33040 | acknowledge receipt of Addenda No./a) l | have included: o Submission Response form o Lobbying and Conflict of Interest form ^� o Non-Collusion Affidavit form o Drug Free Workplace form o Certification Regarding Scrutinized Companies List o Respondent's Insurance and Indemnification form o Insurance Agent's Statement form o Public Entity Crime Statement form �w o Minority Owned Business Declaration form o FOEK8 Certification Regarding Debarment form 4� o FDEM Disclosure of Lobbying Activities form In addition, | have included a current copy of the following professional and occupational licenses: WSP USA IOC.' applicable staff listed 0O the organizational chart, and Miami-Dade County Local Business Tax Receipt (Check mark items above, as a reminder that they are included.) Mailing Address: 7255 Corporate Center Drive, Suite FTelephone: 30 143100 Miami, Florida Fax: N/A Date: N1 Signed: VVUneee: (Name) RA Vice President, Florida Water Lead (Title) '5D' 84 1414 RFQ for Engineering Design and Permitting Services Big Coppitt LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE WSP USA Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (S r(ature) Date: May 31, 2024 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or online notarization, on May 31, 2024 (date) by Christine Mehle, PE, CFM, ENV SP (name of affiant). He� „h„e....!s„pe„rso„n„all„y known to me or has produced (type of identification)as identification. n '12 Z-- ��� r liar MAGGIE PROENZA KANAKIS ?�» Notary Public-State of Florida N ARY PUBLIC Commission N HH 336656 �� r} My Comm.Expires Mar 20,2027 Bonded through National Notary Assn. My commission expires: 03/20/2027 -59- 89 1415 RFQ for Engineering Design and Permitting Services Big Coppitt NON-COLLUSION AFFIDAVIT 1, Christine Mehle, PE, CFM, ENV SP of the city of Tampa according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Vice President, Florida Water Lead of the firm of WSP USA Inc. the bidder making the Proposal for the project described in the Notice of Request for Competitive Solicitations for: Engineering Design and Permitting Services for the Big Coppitt Road Elevation Resiliency and Adaptation Project and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true andtorrect and made with full knowledge that M'pnroe County relies upon the truth of the statements contained in this affidavit ir�`awardin 11 citracts for said project. .... �,. ,b.... May 31, 2024 (Signature of Respondent) (Date) STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or Ir online notarization, on May 31, 2024 (date) by Christine Mehle, PE, CFM, ENV SP (name of affiant). HeJS„he i„s 111 Lpersonally known to me p r has produced (type of ........................................................................................................................... identification) as identification. MAGGlE PROE"40NZA KANANIS g Notary Public State of Florida `-' Commission k HH 336656 My Comm.Expires Mar 20,2027 TARY PUBLIC Bonded through National Notary Assn. My Commission Expires: 03/20/2027 -60- 90 1416 RFQ for Engineering Design and Permitting Services Big Coppitt DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: WSP USA Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that,this fi,m gomplies fully with the above requirements.' 0 { (Sig n'atu re) Date: May 31, 2024 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or Vonline notarization, on May 31, 2024 (date) by Christine Mehle, PE, CFM, ENV SP (name of affiant). He/ he is personally known to me or has produced (tvm of identification) as identification. ARY PU LIC r' MAGGIE PROENZA KANANIS g `- Notary Public State of Florida Commission k HH 336656 My Commission Expires: 03/20/2027 � ?, My Comm.Expires Mar 20,2027 Bonded through National Notary Assn. -61- 91 1417 RFQ for Engineering Design and Permitting Services Big Coppitt VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Engineering Design and Permitting Services for the Big Coppitt Road Elevation Resiliency Respondent Vendor Name: WSP USA Inc. and Adaptation Project Vendor FEIN: 11-1531569 Vendor's Authorized Representative Name and Title: Christine Mehle, PE, CFM, ENV SP-Vice President, Florida Address: 7255 Corporate Center Drive, Suite F Water Lead City: Miami State: FL Zip: 33126 Phone Number: (470)991-3771 Email Address: christine.mehle(a)wsp.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Trap-Terrorist Sectors List or been engaged in business operations in Cuba or Syria. Certified By:�� Christine Mehle, PE, CFM, ENV SP ,who is authorized to sign on behalf of thebov erefic cympany. Authorized Signaturc:�� �,,,, °° e- Print Name: Christln,6 Mehle, PE, CFM, ENV SP Title: Vice President, Florida Water Lead Note: The List are available at the following Department of Management Services Site: httL)://www.dms.my llorida.com/business o erations/state purchasing/vendor information/convicted suspende d discriminatory complaints aints vendor lists Florida -62- 92 1418 cm n- RRJ for Engineering Design Respondent's Insurance and Indemnification Statement Insurance Reguirement Reguired Limits Worker's Compensation Statutory Limits Employer's Liability $100'000/$500.000/$100.000 General Liability $1`000'000 CembirTed Singfe-Lim-# - Vehicle Liability $300-1000,per propenyoern8ge uf$300'00O Single Limit per Occurrence Professional Liability $1'000'000 peree*x+m**nme, $3.000.000aggr*gato IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County. Monroe County Board of County Commieeionora, its officers and emp|oyeoa. FDEyW and FOEPfrom liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' faea, to the extent caused by the nmg|igenoe, reoNeaaneaa, or intentional wrongful conduct of the C0NSULTANT, aubcontractor(a) and other persons employed or utilized by the CONSULTANT in the performance of the contract. In the event that the completion of the project (to include the work of others) is delayed or suspended as a myau|t of the CONSULTANT'a failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT. the CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and uho|| indemnify it from all |ooaeo occurring thereby and shall further defend any claim or action on the County's behalf. The extent ofliability is in no way limited to, reduoed, or lessened by the insurance requirements contained e|eavvhera within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. 644J (L) 2 )J Respondent Signature -63- A3 n- RF0 for Engineering INSURANCE AGENT'S STATEMENT | have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES /~ > fn Uabi|hv policies are Occurrence oinna Made Insurance Agency Signature Print Name: -64 94 RFQ for Engineering Design and Permitting Services Big Coppitt PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither WSP USA Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: May 31, 2024 STATE OF: Florida COUNTY OF: Miami-Dade Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or 52"online notarization, on May 31, 2024 (date) by Christine Mehle, PE, CFM, ENV SP (name of affiant). He/......h.e....�s.........ersonall.........known...to....me ...........................P.....................................y................................................................ or has produced (type of identification) as identification. � r MAGGIE PROENZA KANAKIS ?�• __ Notary Public-State of Florida v 3 `,= Commission N HH 336656 N ARY PUBLIC My Comm.Expires Mar 20,2027 Bonded through National Notary Assn. 03/20/2027 My Commission Expires: -65- 95 1421 RFQ for Engineering Design and Permitting Services Big Coppitt Minority Owned Business Declaration WSP USA Inc. , a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S. 288.703(3) "Minority business enterprise"means any small business concern as defined in subsection (6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida, and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million. For purposes of this subsection,the term"related immediate family group"means one or more children tinder 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor /F ,e.... Date: May 31, 2024 Signalra�- Print Name: Christine Mehle, PE, CFM, ENV SP Title: Vice President, Florida Water Lead Address: 7255 Corporate Center Drive, Suite F City/State/Zip Miami, FL 33126 For Monroe County Verification: Title/OMB Department: Verified via: https://osd.dms.myflorida.com/directories -66- 96 1422 RFQ for Engineering Design and Permitting Services Big Coppitt Attachment IHI ertifr cadionj Re airdiiing Debarmren(ta �wusp nu'siian,Inellligilb liity nd Voluntm Exelli u ilon iubcontractw Covered Transactions The prospective subcontnactor, WSP USA Inc. of the Sulh-Recipient certifies, by sukarnission of this,document,that neitlheir it, its princapafs, inch aiff hates are presently debarred,suspended, proposed for debarment, declared unelligiNe,voluntarily e cllluded, or disqualified froim participation in this transaction by any IFederall departinaent or agency. SUBCONTRACTOR rr r �e�.- By: j Monroe County iig"inaaturre Sdb-Recilpient"s Naiune Christine Mehle, PE, CFM, ENV SP-Vice President, H1:044 Narne and Title Florida Water Lead DE 1 Contract Number 7255 Corporate Center Drive, Suite F 4 -1'6t-Ifs Street Address FEMA Project.Nuirnbeir Miami, FL 33126 City, State„Zip May 31, 2024 D ate -67- 97 1423 RFQ for Engineering Design and Permitting Services Big Coppitt Attachiment K Certification, IRegard�ing Lobbying Check the appropriate box: Ff This Certification Regarding Lobbying is req6iired becajUse the Contract,Grant, Loan,or Cooperative Agreeirnent will exceed $100,01010 pursuant to 2 C.FR. Part 20,01,Appendix 1 31 U.S.C. § 1352-1 and 44 C.F.R. Part 18. El This Certification,iis not required because the,Contract,Grant, Loan,or Cooperative Agreement Will be less than$100,000. APPENDIX A,4,4 C.F.R. PART18—CERTIFICATION REGARMNG,LGIBEYING, Certification for Contracts, Grants, Loans and Cooperative Agreements The Undersigned certifies„to the,best of his or Iher knowledge and Ibelief,that: 1. No, Fedeirdl appropriated funds leave been,paid or WiEl be paid,by or on behalf of the undersigned,to any person for influencing or atteirnpting to influence an,officer or eirnployee of an agency,a Mernber of Congiress,aim officer or employee of Congress, or an ernplloyee of a Il enliber of Congress in connection with the awarding of any Federal contract,the making of any Fedeirall grint,the niaking of any Fedieirall Moan,the entering into of any cooperative agreenient,and the extension,continuation, renewJ1, arnendirnenit,or modification of any Federal)contract,grant, loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been,paid or Will be paJid to any person for inifilUencing or attempting to,influence,an officer or ernplloyee of any agency,a IMenilber of Congress, an officer or ernplloyee of Congress,or an ernpllcyee of a,IMenliber of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete aind subirnit Standard Fon-n-LLL, "Disdosuire Form to Report Lobbying," in accordance with its ihistructions. 3. The Undeirsiiginedj shall requite that the language of thJs certification be included in the award] documents for al$SUbawards at all tiers (iniclUding subcontracts,subgrants,and contracts Under giraints, loans,and cooperative agreements)and that all subrecipiients s1iaH ceirtify and disclose accordingly. This certification is a rnatenal representation of fact upon w1mchi reliance was 1pllaced when this transaction was niade,or entered iiinto. Subniiissioin of this certification is a prereqUIlsite,for nicking or entering into thiis trinisaction iimposed by section 1352, title 31, U.S. Code.Any person who,faills to faille the required certification shaH be subject to a civil peniallty of not less than,$10,000 and not more than,$100,0001 for each such failure. The SUlb-Recipient or Subcontractor, WSP USA Inc. I certifies or afflimis the truthfu1ness and accuracy of eadh statement of its certification and disc losuire, if any. IIn addition,the Contractor underFit'Ands and agp.,es that the(provisions of 31 U.S.C.Chap. 38,Adirninistrafive Reniiedies for IFallse Claims and Fs"telms,-flap 1, to this certification and 6SCJOSUre, if any. of Sub-Rer-ipiient/-,uibco,ntractor's Authorized (--ffidial Christine Mehle, PE, CFM, ENV SP Name and Title Of SL,ulb-Recip,ieniUsubcoifitrictor's Authorized Official Vice President, Florida Water Lead Date -68- 98 1424 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: WSP USA, Inc. Vendor FEIN: 11-1531569 Vendor's Authorized Representative: Jennifer Brunton, Senior Vice President (Name and Title) Address: One Penn Plaza 250 W 3 11-1531569101 City: New York St w York Zip: 10119 Phone Number: (973)407-1365 Email Address: jennifer.brunton(c�wsp.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Jennifer Brunton , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: 1425 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 9/26/2024 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 NAME: AJG Sevice Team Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 300 Madison Avenue, 28th Floor A/C No Ext: 212-994-7020 A/C,No:212-994-7074 New York NY 10017 ADDE-MRESS: GGB.WSPUS.CertRequest@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: QBE Specialty Insurance Company 11515 INSURED WSPGLOB-01 INSURER B: WSP USA Inc. One Penn Plaza INSURERC: New York, NY 10119 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1108001635 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 $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ �w �� Ee BINEDtSINGLE LIMIT AUTOMOBILE LIABILITY IrR4 $ ANY AUTO �� ,. BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED , g 27 Zq PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY ,. .._.- Per accident Yry � � $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability QPL0022630 11/1/2023 10/31/2024 Per Claim $1,000,000 CLAIMS-MADE Aggregate $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION Project Number:2024US263100 1 Project Description: Design,permit and construct improvements to 19 roads within Big Coppitt,which is located in Monroe County at approximately mile marker 10. 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. Monroe County BOCC 1100 Simonton Street, Suite 205 AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1426 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 9/26/2024 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 NAME: AJG Service Team Arthur J. Gallagher Risk Management Services, LLC PHONE FAX 300 Madison Avenue A/C No Ext: 212-994-7020 A/C,No): E-M28th Floor ADDRESS: GGB.WSPUS.CertRequests@ajg.com New York NY 10017 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Liberty Insurance Corporation 42404 INSURED WSPGLOB-01 INSURERB:Zurich American Insurance Company 16535 WSP USA Inc. One Penn Plaza INSURERC: New York, NY 10119 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:332442084 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 B X COMMERCIAL GENERAL LIABILITY GLO 9835819-11 5/1/2024 5/1/2025 EACH OCCURRENCE $3,500,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $3,500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $3,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $7,000,000 POLICY❑ PRO ❑ JECT LOC PRODUCTS-COMP/OP AGG $4,000,000 X OTHER: $ A AUTOMOBILE LIABILITY AS7-621-094060-034 5/1/2024 5/1/2025 COMBINED SINGLE LIMIT $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED A 16X .. T PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY DAB ��-y Per accident UMBRELLA LIAB OCCUR WAM - _ EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ q WORKERS COMPENSATION WA7-62D-094060-014 5/1/2024 5/1/2025 X PER OTH- A AND EMPLOYERS'LIABILITY Y/N WA7-62D-095609-074 5/1/2024 5/1/2025 STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE WC7-621-094060-914 5/1/2024 5/1/2025 E.L.EACH ACCIDENT $2,000,000 OFFICE R/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION. Project Number:2024US263100 1 Project Description: Design,permit and construct improvements to 19 roads within Big Coppitt,which is located in Monroe County at approximately mile marker 10. Monroe County BOCC, Florida Department of Environmental Protection and Florida Division of Emergency Management are included as Additional Insured with respect to the General Liability and Automobile Liability policies as required by written agreement, pursuant to and subject to the policy's terms,definitions, conditions and exclusions. 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. Monroe County BOCC 1100 Simonton Street, Suite 205 AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1427 0 Additional Insured — Automatic — Owners, Lessees Or ZURICH c Contractors Policy No. Eff. Date of P!�b5/01/2025 Date of Pol. Eff.Date of End. Producer No. Add'l.Prem Return Prem. GL09835819-11 05/01/2024 05/01/2024 50003000 INCL INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:WSP USA Group Holding Inc. Address(including ZIP Code): 1 Penn Plaza,2ud Floor New York,NY 10119 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or"your work"as included in the "products-completed operations hazard",which is the subject of the written contract or written agreement. However,the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contractor written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural,engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings,opinions,reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional architectural,engineering or surveying services. U-GL-1175-F CW(04/13) Page 1 c 1428 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C. The following is added to Paragraph 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an'occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence",offense,claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III— Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A.of this endorsement;or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 1429 Policy Number: AS7-621-094060-034 Issued by: Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 ©2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1430