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10/16/2024 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: November 4, 2024 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Samantha Yeoman Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: C25 Contract with HDR Engineering, Inc. for the engineering design and permitting services for the Winston Waterways Road Elevation and Stormwater Design Project in the amount of$ 1,767,080.19. 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). Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERIVCES FOR THE WINSTON WATERWAYS ROAD ELEVATION AND STORMWATER IMPROVEMENT 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 HDR Engineering, Inc. a Corporation of the State of Nebraska whose address is 1917 South 671"Street, Omaha, NE 68106 hereinafter referred to as"CONSULTANT" WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Engineering Design and Permitting Services for the Winston Waterways Road Elevation and Stormwater 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 Winston Waterways Road Elevation and Stormwater 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 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 Winston Waterways Road Elevation and Stormwater 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 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: HDR Engineering, Inc. 8333 NW 53rd Street, Suite 302 Doral, FL 33166 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 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 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 PAYMENTSUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the lump sum amount for each task except where designated as not to exceed (NTE), which will be based on the hourly rates outlined in Attachment B for a total contract amount of $1,767,080.19. Task (HDR) Estimated task Amount Project Management $ 117,668.19 Data Collection/Processing $ 45,497 30% Roadway and Drainage Submittal $ 200,000 60% Roadway and Drainage Submittal $ 200,000 90% Roadway and Drainage Submittal $ 114,818 100% Roadway and Drainage Submittal $ 100,000 5 Permitting $ 31,374 Public Outreach $ 33,916 NTE Bid Support Services $ 11,141 NTE Subconsultants Survey (Woolpert) $ 155,832 Test Holes (Woolpert) $ 65,000 NTE Geotechnical (WSP) $ 56,672 Drainage (WSP) $ 541,528 Permitting (Bermello and Ajamil) $ 42,250 NEPA 8-Step Process (Bermello &Ajamil) $ 18,000 NTE Public Involvement (Erin Deady) $ 10,000 NTE Reimbursable expenses (Actual) $ 23,384 Total not to exceed amount $ 1,767 080.19 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; 6 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 —September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing 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 7 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 claim 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 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 8 agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party 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 9 that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran 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, 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 10 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, 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, 11 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 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. 12 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 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, 13 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 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 14 discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONSULTANT's legal duty to furnish information. 4).The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided 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 15 United States to enter into such litigation to protect the interests of the United States. 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 (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 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 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 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 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 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 Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the 22 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, 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. 23 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, htt�s://www.eta.Gov/smm/comprehensive-procurement- guideline-cpg- program. The Contractor also agrees to comply with all other applicable 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 24 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 e produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such eguir�ment. (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 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 25 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 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. 26 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. (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 27 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 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 be 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 28 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 POLICYACTOF 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 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. 29 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. 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). 30 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 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 31 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 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. /J•:;,'-1:-'..(SEAL), ?.uc BOARD OF COUNTY COMMISSIONERS °'''>;''' '-==.�y 1,tte§ .KE �IN MADOK,Clerk OF MONROE COUNTY, FLORIDA 3 I a. [fie' 5 f (i`` E d,s l y:i � a t,r f f(�{I1 r Wi II4 `f .t � ��, �� it x, �v F „b r , .t .4b-4-. F /Gadso,stioutyv\q/ B "I' AI 1 ,,,,'a,`` ; P3 , "As eputy Clerk Mayor/Chairman f, Date: LO) ej20ZL1 MONROE COUNTY ATTORNEY (`'li:. iPPR )TD AS TO FORD'(• CHRISTINE LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY DATE 91_30/24 (Seal) HDR ENGINEERING, INC. Attest: B BY: y;. ati e E. Dut Title: Elizabeth C. Buell,Assistant Secretary Title: Vice President ,.6. END OF AGREEMENT w a % SEAL :Q '''' • a •. ,!�. •..err. ::-.) .....';, 'P0 �� '•• '••'�• Tt `tea � ,:4.." � '�!v � 47,1 .a : .. ,wit r~1-1 32 ATTACHM ENT A SCOPE OF SERVICES 33 EXHIBIT A u I Y r ' SCOPE OF SERVICES ENGINEERING DESIGN AND PERMITTING SERVICES FOR THE WINSTON WATERWAYS ROAD ELEVATION AND STORMWATER DESIGN PROJECT F)l 8333 NW 53rd Street, Suite 302 September 2024 Doral, FL 33166 Monroe County Engineering Department 01 Winston Waterways Design Project EXHIBIT`A' SCOPE OF SERVICES Description of the services outlined below in Section 0.0-General is intended to be general in nature and should not be construed to be a complete description of the services or a limitation on the Scope of Services to be provided. Refer to Sections 1 through 3 for the definition of specific scope items to be performed by CONSULTANT. 0. GENERAL This Exhibit forms an integral part of the agreement between the Monroe County Engineering Department (hereinafter referred to as the COUNTY) and HDR Engineering, Inc. (hereinafter referred to as the CONSULTANT)relative to the transportation facility described as follows: Engineering design and permitting services for stormwater management systems to include elevating roads in the Winston Waterways subdivision in Key Largo, Monroe County, Florida. The Scope of Services establishes which items of work are specifically prescribed to accomplish the work included in this contract and 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. Project Description and general scope 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 required permitting for elevating specified roadways, resurfacing/reconstruction and drainage system improvements in the Winston Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project Waterways Amended, Winston Waterways No. 2, Winston Waterways No. 2 Amended, and Largo Gardens Subdivisions in Key Largo (Michelle Drive, Tina Place, Rose Place, Gale Place, 2nd Lane, 3rd Lane, 4th Lane, 5th Lane, 6th Lane, 7th Lane, 8th Lane, Tamarind Road, La Paloma Road, Mahogany Drive, Valencia Road, Cardinal Lane, Spoonbill Lane, Egret Lane, and Blue Heron Lane). The project will also include design for construction and required permitting of a pretreated pressurized closed system. The Winston Waterways specified roads will be designed to 2.26-feet of elevation NAVD88 measured at the edge of pavement. Scope entails Project General and Roadway, Drainage, Utility Coordination, Environmental Permits, Compliance, and Environmental Clearances, Structures, Signing &Pavement Marking, Survey, Geotechnical, and Public Involvement. 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. 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. Construction Documents for the project including Winston Waterways Amended, Winston Waterways No. 2, Winston Waterways No. 2 Amended, and Largo Gardens Subdivisions will be prepared and issued by the CONSULTANT as one (1)construction contract. CONSULTANT will review the SLR projections and determine if it is appropriate for locations. Concept plans are not an instruction on the way forward. If minimum elevation can be increased without impacting the construction budget, it will be considered. In accordance with State of Florida Department of Environmental Protection (FDEP)grant agreement, the CONSULTANT is responsible for performing a Sea Level Impact Projection (SLIP)study and submitting the resulting report to the COUNTY and FDEP. The SLIP study report must be submitted to FDEP, approved, and published for at least 30 days before construction begins. This will inform the project owner about the potential effects of sea level rise and coastal flooding on the structure so they can use this information in project planning and adaptation. The SLIP tool website (Florida SLIP Tool)is to be used. Project Schedule: After the Notice-To-Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall provide a detailed project activity/event schedule for COUNTY and CONSULTANT scheduled activities required to meet the current COUNTY Production Date. For the purpose of scheduling, the CONSULTANT shall allow for a two (2)week review time for each phase submittal and any other submittals as appropriate. The schedule shall indicate all required submittals. Periodically, throughout the life of the contract, the project schedule shall be reviewed with the approval of the COUNTY, adjusted as necessary to incorporate changes in the Scope of Services and progress to date. Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project Submittals: The CONSULTANT shall furnish construction contract documents as follows to adequately control, coordinate, and recommend the work concepts: - 30% Submittal—7 Months Duration (Includes Data Collection) - 60% Submittal—6 Months Duration - 90% Submittal—4 Months Duration - 100% Submittal—4 Months Duration The CONSULTANT shall distribute submittals as directed by the COUNTY. The COUNTY will determine the specific number of copies required prior to each submittal. It is the responsibility of the CLIENT to compile all comments from the various reviewing party and submit to the CONSULTANT.The CONSULTANT will provide one round of comments in response. Provisions for Work: All 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 include FDOT,AASHTO, FDEP SFWMD, USACE or applicable codes to the design components. Services to be Performed by the COUNTY When appropriate and/or available, the COUNTY will provide project data including: • All information that may come to the COUNTY pertaining to future improvements. • All future information that may come to the COUNTY during the term of the CONSULTANT's Agreement, which in the opinion of the COUNTY is necessary for the prosecution of the work. • Available traffic and planning data. • All available information in the possession of the COUNTY pertaining to utility companies whose facilities may be affected by the proposed construction. • All future information that may come to the COUNTY pertaining to subdivision plans so that the CONSULTANT may take advantage of additional areas that can be utilized as part of the existing right of way. • Existing pavement evaluation reports. • Design Reports • Letters of authorization designating the CONSULTANT as an agent of the COUNTY in accordance with F.S. 337.274. • Phase reviews of plans and engineering documents. • Regarding Environmental Permitting Services: o Approved Permit Document when available. o Approval of all contacts with environmental agencies. o Appropriate signatures on application forms. Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project 1. Scope Tasks A. Task 1: Project Common and General Tasks Project Common Tasks, as listed below, are work efforts that are applicable to many project activities.These tasks are to be included in the project scope in each applicable activity when the described work is to be performed by the CONSULTANT. Cost Estimates: The CONSULTANT is responsible for producing a construction cost estimate and reviewing and updating the cost estimate when scope changes occur and/or at milestones of the project.A Summary of Pay Items sheet shall be prepared with all required Plans submittals as required. Technical Special Provisions: The CONSULTANT shall provide Technical Special Provisions for all items of work not covered by the County design standards and the FDOT Standard Specifications for Road and Bridge Construction and the workbook of implemented modifications. A Technical Special Provision shall not modify the Standard Specifications and implemented modifications in any way. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. Field Reviews: The CONSULTANT shall have access to the project site as required to obtain necessary data for all elements of the project. Technical Meetings: The CONSULTANT shall attend all technical meetings necessary to execute the Scope of Services of this contract. This includes meetings with COUNTY and/or Agency staff, between disciplines and subconsultants, such as local governments, progress review meetings (phase review), and miscellaneous meetings. The CONSULTANT shall prepare, and submit to the COUNTY's Project Manager for review, the meeting minutes for all meetings attended by them. The CONSULTANT will hold bi-weekly progress meetings, as needed, during the design. The CONSULTANT will assist the COUNTY with FDEP grant assistance including quarterly updates, reimbursement request, and deliverables. Quality Assurance/Quality Control: It is the CONSULTANT'S responsibility to independently and continually QC their plans and other deliverables. The CONSULTANT should regularly communicate with the COUNTY's Design 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 all 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 Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project 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 on a point- by-point basis will be required, if requested by the COUNTY,with each phase submittal. Supervision: The CONSULTANT shall monitor all technical design activities. Coordination: The CONSULTANT shall coordinate with all disciplines of the project to produce a final set of construction documents. Project General Tasks represent work efforts that are applicable to the project as a whole and not to any one or more specific project activity. The work described in these tasks shall be performed by the CONSULTANT when included in the project scope. a. Specifications Package Preparation 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 all items and areas of work and include any Mandatory Specifications and Technical Special Provisions. The COUNTY is to provide Front End Specs. b. Contract Maintenance and Project Documentation Contract maintenance includes project management effort for complete 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. B. Task 2: Survey The COUNTY in 2019 completed a mobile LiDAR survey that covered the project limits and the area between the public Right-of-way. It is the COUNTY's intent to continue using the collected LiDAR data for the design and preparation of Construction Plans for the Winston Waterways project. The COUNTY will provide existing LiDAR data. Survey Sub Task 1 —Right-of-Way Research and Location Woolpert will compile a parcel map of the properties adjacent to the survey. • Monroe county property records will be searched to obtain the plats of the parcels adjacent to the survey. o A title search is not included. • The plats will be redrafted in Autocad Civil 3D using the FDOT template. This task includes the drafting of the Right-of-way and parcels from the available property records. It does not involve the recreating of formal plat documents. The associated folio number, lot/block, plat book/page, and owner information will be noted for each parcel. • Property corners we recover, and survey will be imported into the drawing. The property corners will be used to place the drafted plats and deeds on state plane coordinates Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project Survey Sub-Task 2—Topographic survey Woolpert will verify the point cloud data aligns with the current conditions prior to beginning extraction efforts. • Cross sections of the roadway will be surveyed using conventional methods. These cross sections will be compared to the existing point cloud to determine if the horizontal and vertical data are the same. • If the cross section and point cloud data agree,we will begin extracting the topographic features from the point could and import into the CAD file. • Relevant topographic features to be included in the survey are pavement, sidewalk curbs, existing structures, trees six inches or larger at DBH, overhead utilities and the elevation of the low point of the lowest wire, curb, above ground visible utility features, utility test-hole locations, and tentative soil boring locations. • Woolpert will attempt to collect features ten feet beyond the right of way; however, if fences, walls, mangroves, swamps, forested areas, thick vegetation, or homeowners prevent access, the survey will terminate at the right-of-way. • Woolpert will attempt collect all above ground features within the survey limits, however; structures covered by cars, dumpsters, stored materials, or covered by other obstructions that prevent access will not be included in the deliverables. Survey Sub-Task 3—Quality Level B Subsurface Utility Investigation • 811 Tickets will be called in for the project limits. Once we receive notification that all utilities have been marked,we will survey the paint marks. Subsurface Utility Investigation will be completed for the full width of right-of-way of the roads shaded in red in map shown below. Survey Sub-Task 4—Quality Level A Utility Soft Digs • Once the Level A locations have been provided the locations will be marked in the field. • Quality Level B designation will be completed at each location prior to digging. • Excavate using vacuum/air pressure or hand digging to avoid damaging any utilities. • Install a marker over the utility and determine the elevation of the marker and the top of the utility. • The hole will be backfilled with the material that was removed from the hole. Pricing as follows: 0 5 test hole locations$12,000.00 0 10 Test Hole locations $22,000.00 0 15 Test Hole locations $31,000.00 Survey Deliverables • Deliverables will include an AutoCAD Civil 3D FDOT compliant dwg. Survey will be signed and sealed and deliver in PDF and in AutoCAD Civil 3D file formats. • The survey will be based on NAD 1983, Florida East Zone 901, 2011 Adjustment and a description of the control point which the survey is based will be shown on the survey. The NAVD88 will be used for the vertical control with description of benchmarks provided. • A test hole report noting the conditions of the site, utility attributes, utility elevations, and photos Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department Winston Waterways Design Project Iff w ti r rry � r r � fVk4»; Ur f �" °°,,,rw Lini@ Y Dr ¢ No C. Task 3: Geotechnical Roadway STP Borings (6 ft Deep) The CONSULTANT proposes to perform 20 SPT Borings, at an approximate frequency of one every 500 Lf of road alignment of roadway exploration within the Winston Waterways project area. The SPT borings will be extended to a nominal depth of 6 FT below the existing surface (BES), or refusal. Although, is expected that most of the SPT borings will reach Limestone between 4 and 6 FT BES, if refusal is not encountered, or soft (unsuitable) material is encountered at the proposed depth (6 FT), the CONSULTANT's site representative is authorized to increase the exploration upon conferencing with the CONSULTANT Project Geotechnical engineer. The SPT borings will be logged/monitored by a Sr. Geotechnical Technician who will verify accurate soils descriptions and boundaries. The soil samples will be transported to our laboratory in West palm Beach for soil classification and testing.Approximately 130 laboratory tests, including grain sizes, organics, fines content, Modified Proctors, CBR 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 two (2)SPT borings to a depth of 150 feet. The testing will be pair with collecting water samples approximately every 5 feet from a depths ranging from 45 to 135 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. The CONSULTANT's driller will leave about 45 ft of steel casing in the ground to allow water sampling to proceed. Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project Pump-Station STP Boring (25 ft Deep) In addition to the above-described exploration, the CONSULTANT proposes to perform one (1)SPT Boring, to a depth of approximately 25 feet, at the location of the proposed Pump Station. The SPT boring will be extended to a nominal depth of 25 FT below the existing surface (BES), or refusal. If refusal is not encountered, or soft(unsuitable) material is encountered at the proposed depth (25 FT), the CONSULTANT's site representative is authorized to increase the exploration upon conferencing with the CONSULTANT 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 PS site soils, for supporting the planned structure. Double Ring Infiltrometer(DRI) As part of our exploration, the CONSULTANT proposes to perform six(6) Double Ring Infiltrometer (DRI)tests. This testing will be performed on selected areas along the Winston Waterways road(s) alignment. The DRI tests data will be used to obtain site specific infiltration rates for stormwater drainage design. Engineering and Reporting Upon completion of the fieldwork, the CONSULTANT will prepare an engineering report which would include the results of our field and laboratory exploration. The report will describe, in detail, the methodology utilized for obtaining the data. Based upon the data obtained from our exploration, the CONSULTANT will provide the parameters needed to complete pavement design, selection and depths for the site Injection Points, as well as parameters for design of the proposed Pump Station, and field data applicable for the site stormwater drainage design. D. Task 4: Roadway Analysis The CONSULTANT shall analyze and document Roadway Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. a. 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. b. Pavement Design Package The CONSULTANT shall provide an approved Pavement Design Package prior to the 60% plans submittal date. One pavement design for the entire neighborhood is anticipated. This effort includes estimation of ESAL value if traffic data is available and review of pavement coring data through coordination with the geotechnical engineer. c. 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. Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project d. Cross Section Design Files The CONSULTANT shall establish and develop cross section design files in accordance with the COUNTY's CADD standards if available. e. 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 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. f. 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. g. Design Report The CONSULTANT shall prepare a Design Report to document decisions and establish design criteria. h. Quantities The CONSULTANT shall develop accurate quantities and the supporting documentation, including construction days when required. i. Cost Estimate - To be developed at 60%, 90%and 100%design submittals. Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project j. Field Reviews k. Quality Assurance/Quality Control E. Task 5: Roadway Plans 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. a. Key Sheet with street names and page numbers b. Summary of Pay Items Including Quantity Input c. Typical Section Sheets d. Typical Sections — A total of six typical sections are anticipated. e. General Notes/Pay Item Notes f. Summary of Quantities Sheets g. Project Layout h. Plan/Profile Sheet-To include roadway geometry, pavement, signing and pavement marking features. Plans will be at 1"=20' horizontal scale on 11"x17"sheet size. Effort includes sheet setup and minor labeling only. i. Special Details j. Cross Sections k. Summary of drainage structures table with GPS coordinates and street names I. Temporary Traffic Control Plans m. Temporary Traffic Control Details n. Project Control Sheets o. Utility Verification Sheets (SUE) p. Quality Assurance/QualityControl Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project F. Task 6: Drainage Analysis The CONSULTANT shall analyze and document Drainage Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater management system.All design work shall comply with the requirements of the appropriate regulatory agencies and the FDOT's Drainage Manual. The CONSULTANT shall coordinate fully with the appropriate permitting agencies and the COUNTY's staff. All activities and submittals should be coordinated through the COUNTY's Project Manager. The work will include the engineering analyses for any or all of the following: a. Drainage Map Hydrology 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 existing collection systems in a logical manner to aid in the development of the hydraulic model. Include coordination hours needed to convey drainage hydrologic features onto produced drainage maps. b. Design of Storm Drains Delineate contributing drainage areas, determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine design tailwater and, if necessary, outlet scour protection. c. Drainage Wells 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. d. Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. e. Cost Estimate Prepare cost estimates for the drainage components, earthwork for stormwater management and flood compensation sites. f. Other Drainage Analysis Includes all efforts for a drainage task not covered by an existing defined task. Includes all efforts for developing a system-wide 1-dimensional hydrologic and hydraulic computer model of the drainage system.Also include hydraulic analysis of pump station as follows: The work under this project is comprised of new storm water pump stations that will include a stormwater treatment system. Engineering services for the proposed pump stations and improvements shall provide design drawings and specifications in accordance with the requirements of the County. The Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department Winston Waterways Design Project CONSULTANT will prepare the detailed hydraulic modelling for the pump station components. A hydraulic model will be prepared for the proposed Winston Waterways Community pump station in Key Largo. This task also includes coordinating the specific design elements for the pump station with the lead structural and geotechnical engineers responsible for the structural design of the pump station structures. The CONSULTANT will determine the necessary invert elevations, dimensions, and clearances related to the proposed drainage system, and will provide to the lead structural and geotechnical engineers. The CONSULTANT will then incorporate the necessary modifications into the drainage analysis and design plans. FDEM HMGP requirements stipulate that the project shall be designed to provide protection against a 5-year storm event. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. The generator(s)and pump station(s)shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s)outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood Insurance Program(NFIP)requirements, and shall be protected against wind with a rated enclosure and appropriate anchoring based on its location requirements per ASCE 7 standards. The selected site shall provide sufficient space to maintain and fuel the generator(s)and shall comply with the National Electrical Code working clearance requirements. Activities shall be completed in strict compliance with Federal, State, and Local applicable Rules and Regulations. The CONSULTANT will be responsible for: Coordination with the pump manufacturer for the purposes of determining the physical and performance measures of the pumps and pump station wet well complying with the County's design requirements; Coordination with the pollution control structure manufacturer(Contech Engineered Solutions or equal approved by Monroe County)for the purposes of determining the physical and performance measures complying with the County's design requirements. The CONSULTANT will be responsible for the detailed design and preparation of AutoCAD- based design files related to the proposed pump station,which includes design and development of the trash rack, pollution control structures, associated pipes, and pump station wet well. G. Task 7: Drainage Plans The CONSULTANT shall prepare Drainage plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. a. Summary of Drainage Structures b. Pump Station Plans, Details and Notes Effort includes all engineering, design, sheet setup and drafting. 1. Site Plan with proposed drainage element locations 2. Horizontal control plan of proposed drainage system Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project 3. Pump Station general notes 4. Pump Station plans, cross sections and detail sheets: 5. Pump Station Mechanical Plan Sheet 6. Wet Well Plan, Sections and Details 7. Junction Box plan and details 8. Trash Rack plan and details 9. Pollution Treatment Unit plan and details 10. Dissipater Structure Plan and details 11. compliance with BABA provided for all manufactured parts unless meets waiver requirements. 12. Electrical service 13. Forcemain /Injection Well c. Erosion Control Plan Sheet(s)-Plans will be at 1"=100' horizontal scale on 11"x17"sheet size and dual panel sheets. d. SWPPP Sheet(s) e. Quality Assurance/QualityControl H. Task 8: 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. a. Identify Existing Utility Agency Owner(s) The Consultant shall identify all utilities within and adjacent to the project limits that may be impacted by the project. Coordination with FKAA on any planned upgrades for the community, FKEC on power requirements for the pump station and KLWTD to get buy in by them for design early on to avoid impacts. b. 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 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. c. Field Reviews Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project d. 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. e. 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. f. 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. I. Task 9: Environmental Permits,Compliance and Environmental Clearances Environmental Assessment,Surveying,and Delineation The purpose of this task is to obtain Federal, State and Local permits for the construction of the road and drainage systems. The CONSULTANT will conduct an Ecological Investigation of the proposed project site. The CONSULTANT scientists 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 scientists 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 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. Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project 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. 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. Florida Division of Emergency Management Hazard Mitigation Grant Program (HMGP) The CONSULTANT shall monitor and manage the Phase I portion of this project,which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render Phase II determination upon completion of the review of Phase I deliverables. Phase I deliverables: • Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic(H&H)Studies. • Construction Plans/bid documents. • Revised cost estimate for Phase 11 construction (include Phase I costs), to implement the design project. • Design documents shall provide a detailed description which includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. • Color maps including topographical, aerial, and ground disturbance. • General description of the type of construction equipment that may be used during the proposed project's implementation and what activities it will facilitate. • Color photographs of the project area and areas of ground disturbance. • Copy of all environmental permits or applications; any obtained from the Florida Department of Environmental Protection (FDEP), and/or local Water Management District(WMD)shall be required. Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. • Copy of the United States Army Corps of Engineers (USACE)or FDEP Section 404 permit or No Permit Required notification from the appropriate permitting agency. • Copy of the floodplain permit or notification of No Permit Required from the local floodplain administrator. • A letter from the professional of record stating if the project will have any upstream or downstream impacts. • Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. • A final BCA using developed technical data and study results will take place. The data inputs to the final BCA for Phase 11 approval, must be based on the inputs and outputs of a hazard related study such as erosion, Hydraulic&Hydrologic study, damage calculations, road Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project closures, etc. No assumptions or historical damage will be acceptable for final BCA of Phase II approval. Permitting at Preliminary Design During this task the Consultant will review background information, assess existing conditions, research similar projects completed in the area and prepare a list of permits needed for the project with contact information for each agency, including coordination for wetland delineation and environmental permits. List of Required permits and agencies with jurisdiction may include the following: • National Pollutant Discharge Elimination System(NPDES) Permit • Environmental Resource Permit—South Florida Water Management District • Construction/Clearance Permit Application for Class V Well/Florida Department of Environmental Protection • 404 Section Permit—US Army Corps of Engineers (if needed) • Right of Way(ROW) Permit—SFWMD (if needed) • Fish and Wildlife/Army Corps of Engineers Permit(if needed) • Monroe County Transportation and Public Works (Pump Station requires Building Department Permit) Deliverables: Consultant will provide a list of agencies and contact information for required permits Pre-application meetings -60% During this task the Consultant will contact and coordinate for Pre-application Meeting(s)with regulatory Agencies. Prior to commencing detailed design at 90%, the Consultant will meet with each of the governmental agencies having jurisdiction over the project in order to confirm the agency's design criteria required for the project. The Consultant will give advance notice to Monroe County of planned meeting with agencies and allow Monroe 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. Deliverables: Agency meeting summary notes—one (1) hard copy and an electronic copy Permit Package Submittals-90%/100% After 90 percent design completion, the Consultant will 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. Deliverables: Two final copies of each permit application will be submitted to the Monroe County, coordinate for RFIs. NEPA 8-Step Process(Optional Services) Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project The Consultant will provide engineering and environmental assistance in collaboration with Monroe County following the NEPA process as well as FEMA's Special Flood Hazard Area designation, as compliance with the 8-Step Process and requisite notices, as needed. This will include Water and air quality, floodplain management,wetland protection, noise, environmental justice, historical resources, hazardous wastes and wildlife habitats among other environmental issues. The design will incorporate measures to mitigate and monitor adverse impacts, ensuring the project enhances the overall environmental resilience of the area, as needed. J. Task 10: Structures The CONSULTANT shall analyze, design, and develop contract documents for all structures in accordance with conceptual design plans. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. K. Task 11: Signing and Pavement Marking 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. L. Task 12: Public Involvement Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. The CONSULTANT shall prepare the necessary materials for use in public meetings. The Public Involvement effort includes conducting two (2) hybrid Public Information Workshops to be held at the Murray Nelson Government Center(102050 Overseas Highway, Key Largo, FL 33037) and concurrently displayed virtually for those remote attendees. The first Public Information Workshop should be scheduled before 60% and the second one at 100%. CONSULTANT is to prepare and distribute flyers/brochures to all property owners within the project limits depicting project information including but not limited to project limits, project description, typical sections, MOT approach, construction information, and contact information for submittal of comments before conducting the first Public Information Workshop. The CONSULTANT shall attend public meeting(s), assist with meeting setup and take down. The CONSULTANT shall also prepare a summary of the public meeting that includes all copies of all materials shown or provided at the public meeting. The summary shall also include a listing of all written comments made during or after the meeting and responses to those written comments. Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project The CONSULTANT will create a sign in sheet with resident email addresses, phone numbers, home addresses, etc. for all future correspondence. The CONSULATNT will summarize all comments made during or after the meeting and responses to those comments for future correspondence. The CONSULTANT will attend the meetings with an appropriate number of personnel to assist the COUNTY'S Project Manager. 2. Phase Submittals Table 1 -Plan Submittal Schedule Key Sheet Preliminary Updated Final Final Typi cal'Section.....................................................................................................Prelim inary........Updated.............Final...................Final............. Typical Section Details Preliminary Updated Final Final General Notes/Pay Item Notes Preliminary Updated Final Final Summary of Quantities Preliminary Updated Final Final ...Project Layout......................................................................................................Preliminary.......Updated............Final...................Final.............. Roadway Plan/Profile Preliminary Updated Final Final Special Details(Includes driveway connection details) Preliminary Updated Final Final Drainage Plans Preliminary Updated Final......................................Final.......................... ............... Drainage Structures Preliminary Updated Final Final Injection Well Details Preliminary Updated Final Pump Station Details......................................................................................................................Prelim inary........Updated............Final............. Cross Section Pattern Sheets Preliminary Updated Final Final ..Cross Sections....................................................................................................Preli mina ry........Updated............Final,,,,,,.............Final ............. Stormwater Pollution Prevention Plan Preliminary Updated Final Final Temporary Traffic Control Plans Preliminary Updated Final Final Temporary Traffic Control Details Preliminary Updated Final Final Signing'and Pavement Marking General Notes/Pay Item Notes Preliminary Updated Final Signing and Pavement Marking Plans Preliminary Updated Final MiscellaneousStructures Plans Preliminary Updated Final Project Control Sheets Preliminary Updated Final Final Roadway Soil Survey.........................................................................................Preliminary........Updated............Final...................Final................. Utility Verification Sheets Final Final Final Phase 1: 30% Construction Documents a. Preparation of plans as shown in Table 1. b. Preparation of schematic design and construction schedule c. Draft drainage report- The CONSULTANT will prepare a preliminary existing and proposed conditions Stormwater model to address regulatory requirement 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. d. Design Team Coordination Meetings. CONSULTANT will conduct 3 design team coordination meetings during this phase to coordinate among the disciplines and subconsultant team members. e. Submit phase deliverables. CONSULTANT will submit the phase deliverables for review comments and approval by the County. f. Submittal review meeting. CONSULTANT shall coordinate and attend one (1) meeting with the County to review the submittal. The CONSULTANT will provide written minutes from the meeting. Phase 2: 60% Construction Documents a. Preparation of plans as shown in Table 1. b. Update of design and construction schedules Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project c. Preparation of Engineering Cost Estimate d. Prepare draft technical specifications e. Prepare draft Engineer's Report f. Stormwater permitting g. Design Team Coordination Meetings. CONSULTANT will conduct 3 design team coordination meetings during this phase to coordinate among the disciplines and subconsultant team members. h. Submit phase deliverables. CONSULTANT will submit the phase deliverables for review comments and approval by the County. i. Submittal review meeting. CONSULTANT shall coordinate and attend one (1) meeting with the County to review the submittal. The CONSULTANT will provide written minutes from the meeting. Phase 3: 90% Construction Documents a. Preparation of plans as shown in Table 1. b. Update of design and construction schedules c. Preparation of Engineering Cost Estimate d. Prepare draft technical specifications e. Prepare draft Engineer's Report f. Stormwater permitting g. Design Team Coordination Meetings. CONSULTANT will conduct 3 design team coordination meetings during this phase to coordinate among the disciplines and subconsultant team members. h. Submit phase deliverables. CONSULTANT will submit the phase deliverables for review comments and approval by the County. i. Submittal review meeting. CONSULTANT shall coordinate and attend one (1) meeting with the County to review the submittal. The CONSULTANT will provide written minutes from the meeting. Phase 4: 100% Construction Documents a. Preparation of plans as shown in Table 1. b. Prepare final construction schedule c. Preparation of final Engineers Cost Estimate d. Prepare final technical specifications e. Prepare final Engineer's Report f. Design Team Coordination Meetings. CONSULTANT will conduct 3 design team coordination meetings during this phase to coordinate among the disciplines and subconsultant team members. g. Submit phase deliverables. CONSULTANT will submit the phase deliverables for review comments and approval by the County. h. Submittal review meeting. CONSULTANT shall coordinate and attend one (1)meeting with the County to review the submittal. The CONSULTANT will provide written minutes from the meeting. Deliverables: An electronic deliverable of the bid set plans, technical specifications and Engineering Cost Estimates Phase 5: Bidding and Award of Contract Upon completion of the Construction Documents, CONSULTANT will assist Monroe County,who will be procuring the construction of the project,with the necessary procurement documents. CONSULTANT will provide the following services to assist Monroe County for the procurement of a contractor for the construction of the project: Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project Assist with a Request for Proposal Package for Monroe County review which will include the 100% Construction documents completed by CONSULTANT Respond to applicable Proposers' Requests for Information (RFI's)and assist in the preparation of Addenda, including revising the Request for Proposal Documents, as required. 3. Schedule and Fee Invoices will be submitted monthly and shall include deliverable backup which sufficiently document for the work performed. The costs of providing the professional services shall be included on the mayor design tasks to be Lump Sum and the Public Involvement and Post Design support to be time and material not to exceed (T&M NTE)basis. The total project amount to complete the assignment is$1,767,080.19. See below breakdown of the tasks deliverable,duration (included 2 week COUNTY review), and invoice amount. TASK ACTIVITY DELIVERABLE DURATION INVOICE (FROM NTP) AMOUNT 1 Project Common and Electronic copies of ENTIRE $1 17,668.44 General Tasks (Project invoices, project CONTRACT (LS) Management) (HDR) status reports, and quality assurance / control reports 2 Data Collection/ Electronic copies of 3 MONTHS $323,000.89 Processing ecological, survey, and geotechnical reports Environmental (HDR) Electronic copies of $45,496.75 ecological survey (LS) Survey R/W and Topo Electronic copies of $155,832.14 (Woolpert) Survey (LS) Survey Test-Holes Electronic copies of $65,000.00 (Woolpert) Survey and Report (NTE) Geotech (WSP) Electronic copies of $56,672.00 Geotech Report (LS) 3 30%Roadway and Electronic copy of 7 MONTHS $370,000.00 Drainage Submittal plans and Draft (LS) Drainage Report Roadway/Utilities (HDR) Electronic copy of $200,000.00 plans (LS) Drainage (WSP) Electronic copy of $170,000.00 plans and Draft (LS) Drainage Report 4 Public Outreach Meeting Electronic copy of 5 MONTHS $25,000.00 #1 and Flyers meeting minutes (NTE) Public Involvement Electronic copy of $20,000.00 (HDR) meeting minutes (NTE) Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department 01 Winston Waterways Design Project Public Involvement (Erin Electronic copy of $5,000.00 Deady) meeting minutes (NTE) 5 60%Roadway and Electronic copy of 13 MONTHS $370,000.00 Drainage Submittal plans, Draft (LS) technical specifications,and engineer cost estimate Roadway/Utilities/Signing Electronic copy of $200,000.00 & Pavement plans, Draft (LS) Marking/Structures technical (HDR) specifications,and engineer cost estimate Drainage (WSP) Electronic copy of $170,000.00 plans, Draft (LS) technical specifications,and engineer cost estimate 6 90%Roadway and Electronic copy of 17 MONTHS $214,817.82 Drainage Submittal plans, Draft (LS) technical specifications,and engineer cost estimate Roadway/Utilities/Signing Electronic copy of $114,817.82 & Pavement plans, Draft (LS) Marking/Structures technical (HDR) specifications,and engineer cost estimate Drainage (WSP) Electronic copy of $100,000.00 plans, Draft (LS) technical specifications,and engineer cost estimate 7 Permitting Electronic copy of 17 MONTHS $91,623.84 permit applications and final copies Permitting Process Permitting $42,250.00 (Bermello &Ajamil) Packages (LS) NEPA 8-Step Process Electronic Report $18,000.00 (Bermello &Ajamil) (NTE) Monitoring and Support Grant $31,373.84 (HDR) Requirements and (LS) submittals 8 100%Roadway and Electronic copy of 20 MONTHS $201,528.00 Drainage Submittal plans, Final (LS) technical specifications, and Project Number 4399-161-R Exhibit A Revision 0.0 Monroe County Engineering Department Winston Waterways Design Project Final engineer cost estimate Roadway/Utilities/Signing Electronic copy of $100,000.00 & Pavement plans, Final (I-S) Marking/Structures technical (HDR) specifications,and Final engineer cost estimate Drainage (WSP) Electronic copy of $101,528.00 plans, Final (I-S) technical specifications,and Final engineer cost estimate 9 Public Outreach Meeting Electronic copy of 20 MONTHS $18,916.00 #2 meeting minutes (NTE) Public Involvement Electronic copy of $13,916.00 (HDR) meeting minutes (NTE) Public Involvement (Erin Electronic copy of $5,000.00 Deady) meeting minutes (NTE) 10 Bid Support Services Electronic copy of 23 MONTHS $1 1,141.20 (HDR) inspection report (NTE) 11 Expenses (HDR) Indirect Costs Entire Contract $4,000.00 (NTE) 12 Expenses (WSP) Indirect Costs Entire Contract $19,384.00 (NTE) Team Roles HDR 0 Project management • Roadway, Signing, and Pavement Marking design • Misc. Structural design • Maintenance of Traffic • Public Involvement • Utilities WSP • Stormwater design and Hydrologic Modeling • Geotech Bermello&Ajamil 0 Permitting Woolpert • Topographic survey and SUE Erin Deady 0 Public Involvement Project Number 4399-161-R Exhibit A Revision 0.0 ATTACHMENT B COST PROPOSAL 35 ell it na Mill - - - --------- - -- -- -- --- LL r I I i JILL � { \� }\ \, } \} \ tE / � � � \ \ \\ \ )� } `� � } }/ \)\// � I E Monroe County Engineering Department Winston Waterways Design Project Subconsultant Contract Bermello&Ajamil Project Number 4399-161-R Exhibit A Revision 0.0 \ ! !` / k \ « ) § FH a §! § # : § / . \ ) \ } Monroe County Engineering Department Winston Waterways Design Project Subconsultant Contract Erin Deady Project Number 4399-161-R Exhibit A Revision 0.0 � {\ } \ \ ® ,_; d 2 ) `� � ( /_! `` » 2 j k§ � a ■- {! ) Bk \ k §� i � , k � | � \� § ! ! `} ! ! § / \ { � \ \\ j\ ) \ } @ ; :, , , ; Monroe County Engineering Department Winston Waterways Design Project END OF EXHIBIT A Project Number 4399-161-R Exhibit A Revision 0.0 u II ululululu IG IIII II�I�I IIIIII V W County/Grant Required Forms RFQ for Engineering Design and Permitting Services Winston Waterways SECTION FOUR: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST,FLORIDA 33040 1 acknowledge receipt of Addenda No.(s) 1 1 have included: o Submission Response form x o Lobbying and Conflict of Interest form x o Non-Collusion Affidavit form x o Drug Free Workplace form x o Certification Regarding Scrutinized Companies List x o Respondent's Insurance and Indemnification form x o Insurance Agent's Statement form x o Public Entity Crime Statement form x o Minority Owned Business Declaration form x o FDEM Certification Regarding Debarment form x o FDEM Disclosure of Lobbying Activities form x In addition, I have included a current copy of the following professional and occupational licenses: All learn member professional registrations. (Check mark items above,as a reminder that they are included.) Mailing Address: 8333 NW 53rd St.,Suite 302,Doral,FL 33166-4786 Telephone: (305)728-7400 Fax: (305)726-7447 Date: 5/17/24 d a � .::: y Wifness:Signe � 7 o E (Seal) Melanie E.Fowler Elizabeth C.Buell,Assistant Secretary (Name) Vice President (Title) a ' S L •'do- CCR�� 5 8 .....'...., 73 IMoniroe County I I::i:n jneedng Desgn and 1=yerrnitting Services for the Vvnston WaterwaysFYZ [Road f.::.]evation and Stormwater Design and Permitting 1=yrgect = 1::::Q-546 RFQ for Engineering Design and Permitting Services Winston Waterways LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE HDR Engineering, 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". �w (Signature) Date: 5/16/24 STATE OF: Florida COUNTY OF: Hillsborough Subscribed and sworn to (or affirmed)before me, by means of O'physical presence or❑ online notarization, on HAY fit` 2.C'22 (date) by M f )�A32, (name of affiant). Ne/She is personaJCy known to rrie"ar has produced (type of identification) as identification. P,"�eW6'a0m,.°ryma^'U"",neNa'cuVwaNuuPN%u.dwn"as'any Fhdaa"a A'NVr„Ywy. .__..., r_.:..' .-, av NOTARY PUBLIC JOY((�Mh1ISS1(JN tf IIl18�2R75R 3 Sufi' FXP1R1 S:A11(ydiSL Ul, 027 y C - ,.,,�.- My commission expires: �., 74 RFO for Engineering Design NON-COLLUSION AFFIDAVIT Melanie' E. Fowler 7- m/��/��i�� _ / �M�//{�� / �� [ ' ofth� �tvof r according to |avv on my oath, and under penalty Ofperjury, depose and say that: 1 ) arn ��' President f v |� �� / ��|w�� Engineering,'�l[] Inc.ofthe�mnof , "^�` ^ ^-' '��' ' ' ��/ ^ 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 Winston Waterways Road slevmw°and amrmvum Project(Rpu-546) and that | executed the said proposal with full authority todnso: 2. the prices in this bid have been arrived at independently without co||uoion, 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; 1 unless otherwise required by |mvv' 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 ortV any competitor; and 4. no 8ttgOlpi has been made or will be nneda b the bidder to induce any other penaon, partnership or corporation to subnnit. or not to subrnii, a bid for the purpose Of restricting competition; 5. the statements contained in this affidavit are true and correct and made with full knowledge that Monroe County relies upon the truth of the statements contained ,PJ is affidavit 5/16/24 (Signature ofRespondent) (Date) } '� / STATE OF: Florida Hillsborough n COUNTY OF: 8ubaoribed and 0w0rn tO (or affirmed) before me, by means nf7ohysioe| preaanCe~Dr1~T- ~em/nennzmnizaoorr, on l (date) by V' tA (name ofeffiant). He/She is personally known tnnneor has produced (type of identification) aoidentification. 11+128258 MY COMM ISSION�1 NOTARY PUBLIC K8y Commission Expires: C)^�-� Q for EngineeringWaterways PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the COMvioiad vendor list following a conviction for public entity crime may not submit g bid on 8 contract to provide any goods or Sen/ioaa to a public entity, may not submit a bid on a contract with @ public entity for the construction or repair of a public building or public vvnrk, may not submit bids on leases of real property to public entitv, may not be awarded or p8dbrDl work as 800ntr8oto/. 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." | have read the above and state that neither HDR Engineering, Inc. (Pr0poeer`ananne) nor any Affiliate has been placed on the convicted vendor list within the last 5Omonths. (Signature) Date: �44 ^ I/" ` 2,r�7-4 STATE OF: Florida COUNTY OF: mnnuomvyo Subscribed and sworn to (or affirmed) before me, by means of Yphysical presence by T—tJ (name ofaff iant). H ntome or has produced (type of identification) amidentification. -1114282-581 MY COMMISSION#I NOTARY PUBLIC -�� My Commission Expires: / -65- IMoniroe County I ::.::.:injneedng De§gn and 1=yerrnitting Services for the Vvnston VVaterways FYZ [Road ::.::.]evafion and Stormwater Design and Permitting 1::)role(.t I :R1::::Q.546 RFQ for Engineering Design and Permitting Services Winston Waterways DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: HDR Engineering,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 contenclere 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 firm complies fully with the above requirements. (Signature) Date: STATE OF: Florida COUNTY OF: Hillsborough Subscribed and sworn to (or affirmed) before me, by means of ['f,,physical presence or 0 online notarization, an t,,JAf, _(date) by M�-LIAP L 6,' b7,' (name of aff iant). Hefi &-LUt[§!0-Qgy.Lq,-Qwn to me or has produced .,.Itvpe of identification)as identification, NOTARY PUBLIC My Commission Expires: 1�0(111R D PATTGN MY COMMISSli)N A W1428258 EXPIRES AUgUSt 01,2027 VV 76 IMoniroe County I ::.::.:inJneeltng De§gn and 1=yerrnitting Services for the Vvnston VVaterways FYZ [Road ::.::.]evafion and Stormwater Design and Permitting 1::)role(.t I :R[::Q-546 RFQ for Engineering Design and Permitting Services Winston Waterways Respondent's Insurance and Indemnification Statement Insurance Requirement Reguired Limits Worker's Compensation Statutory Limits Employer's Liability $100,000/$500,000/$1 00,000 General Liability $1,000,000 Combined Single Limit Vehicle Liability $200,000 per person, $300,000 per occurrence, $200,000 property damage or$300,000 Single Limit per Occurrence Professional Liability $1,000,000 per occurrence $3,000,000 aggregate 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 Commissioners, its officers and employees, FIDEM and FIDEP from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere 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. Melanie E. Fowler,Vice President HDR Engineering, Inc. Respondent Signature 77 IMoniroe County I ::.::.:injneedng De§gn and 1=yerrnitting Services for the Vvnston Waterways FYZ [Road ::.::.]evafion and Stormwater Design and Permitting 1::)role(.t :R[::Q-546 RFQ for Engineering Design and Permitting Services Winston Waterways INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES See attached certificate See attached certificate Liability policies are X Occurrence Claims Made Lloyd's of London 00, Insurance Agency Signature Melanie E. Fowler,Vice President Print Name: HDR Engineering, Inc. 78 Q for EngineeringWaterways PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the COMvioiad vendor list following a conviction for public entity crime may not submit g bid on 8 contract to provide any goods or Sen/ioaa to a public entity, may not submit a bid on a contract with @ public entity for the construction or repair of a public building or public vvnrk, may not submit bids on leases of real property to public entitv, may not be awarded or p8dbrDl work as 800ntr8oto/. 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." | have read the above and state that neither HDR Engineering, Inc. (Pr0poeer`ananne) nor any Affiliate has been placed on the convicted vendor list within the last 5Omonths. (Signature) Date: �44 ^ I/" ` 2,r�7-4 STATE OF: Florida COUNTY OF: mnnuomvyo Subscribed and sworn to (or affirmed) before me, by means of Yphysical presence by T—tJ (name ofaff iant). H ntome or has produced (type of identification) amidentification. -1114282-581 MY COMMISSION#I NOTARY PUBLIC -�� My Commission Expires: / -65- IMoniroe County I ::.::.:inJneedng De§gn and ::Ierrn�tfing Services for the Winston Waterways FYZ [Road ::.::.]evafion and Stormwater Design and Permitting 1=yr Oct :R1::::Q.546 RFQ for Engineering Design and Permitting Services Winston Waterways VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):Engineering Design and Permitting services for the Winston Waterways Road Elevation and Stommater Project(RFQ-546) Respondent Vendor Name: HDR Engineering,Inc, Vendor FEIN: 47-0680568 Vendor's Authorized Representative Name and Title: Melanie E.Fowler,Vice President --- Address: 8333 NW53rd St.,Suite 302 City: Doral State: FL Zip: 33166-4786 Phone Number: (813)2821300 Entail Address: Melanie.Fowler@lidriric.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,oi-engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: Melanie E.Fowler,Vice President who is authorized to sign on behalf of the ab e referenced company. Authorized Signature:. Print Name:Melanie E.Fowler Title:Vice President Note:The List are available at the following Department of Management Set-vices Site: litti)://w\vw.(Iilis.iiiyflorida.coiii/business operations/state purchasing/vendor information/convicted suspende d discriminatory complaints vendor, lists 82 IManiroe County I I:::::ng'ineering Desgn and I::yerrnitt'ung Services for the Vvnston WaterwaysFYZ [Road f.::.]evat'uon and Stormwater Design and Permitting 1=yr Oct :R[::Q-546 RFQ for Engineering Design and Permitting Services Winston Waterways Minority Owned Business Declaration NOR Engineering,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 x 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 o'fa 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 underrepreserrtation 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 mernbers of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 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 e- � � ... .. Date; " Signature Print Name: Melanie E.Fowler Title:Vice President Address:8333 NW 63rd St.,Suite 302 City/State/Zip Dotal,FL 331664786 For Monroe County Verification: Title/OMB Department: Verified via:https://osd.dms.myflorida,gp Vd.irectories 83 IMoniroe County I ::.::.:ingineedng De§gn and 1=yerrnitting Services for the Vvnston Waterways FYZ [Road ::.::.]evafion and Stormwater Design and Permitting 1::)roie(.t I :R1::::Q.546 RFC!for Engineering Design and Permitting Services Winston Waterways Attachment H Certification Regarding Debarment,Suspension,Ineligibility And Volunta!y Exclusion Subcontractor Covered Transactions The prospective subcontractor, HDR Engineering, Inc. of the Sub-Recipient certifies, by submission of this document,that neither it, its principals,nor affiliates are presently debarred,Suspended, proposed for debarment, declared ineligible,voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency. SUBCONTRACTOR HDR Engineering, Inc. ................ By: Monroe County Signature Sub-Recipient's Name Melanie E. Fowler, Vice President H1044 Name and Title DEM Contract Number 8333 NW 53rd St., Suite 302 4399-161-R Street Address FEMA Project Number Dora], FL 33166-4786 City, State, Zip 5Z16Z24 Date 84 IMoniroe County I ::.::.:ingineedng De§gn and ::Ierrn�tfing Services for the Vvnston Waterways FYZ [Road ::.::.]evafion and Stormwater Design and Permitting 1=yr Oct I :R1::::Q-546 RFQ for Engineering Design and Permitting Services Winston Waterways Attachment K Certification Regarding Lobbying Check the appropriate box: V1 This Certification Regarding Lobbying is required because the Contract,Grant, Loan,or Cooperative Agreement will exceed$100,000 pursuant to 2 C.F.R.Part 200,Appendix 11(l);31 U.S.C.§ 1352; and 44 C.F.R.Part 18. 0 This Certification is not required because the Contract,Grant,Loan,or Cooperative Agreement will be less than$100,000. APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or all employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement- 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Farm-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all SUbawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section'1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each Such failure. The Sub-Recipient or subcontractor, HDR Engineering, Inc. ,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.Chap,38,Administrative Remedies for False Claims and Statements,apply to this certification and disclosure,if any. Signakure of Sub-Recipient/subcontractor's Authorized Official Melanie E. Fowler, Vice President Name and Title of Sub-Recipient/subcontm ctor's Authorized Official 5/16/24 Date 85 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: HDR Engineering, Inc. Vendor FEIN: 47-0353452 Vendor's Authorized Representative: John E. Wimberly, Vice President (Name and Title) Address: 8333 NW 53rd St., Suite 302 CST- nnral FL Zip: 33166-4786 State: Phone Number: (305) 728-7400 Email Address: johnmimberly@hdrinc.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: John E. Wimberly , who is authorized to sign on behalf of the above referenced company. Authorized r h ized Signature: ntNa e. John E. v Title: Vice President Page 1 of 2 ' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 10/O1/2024Y) 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 WTW Certificate Center NAME: Willis Towers Watson Midwest, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 FAX 1-888-467-2378 AIC No Ext: AIC,No): E-MAIL certificates@wtwco.corn P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Ohio Casualty Insurance Company 24074 HDR Engineering, Inc. 1917 South 67th Street INSURERC: Liberty Insurance Corporation 42404 Omaha, NE 68106 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:W35437551 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 ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LTR MM/DDIYYYYJ fMM1DDIYYYYJ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE �X OCCUR DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ A X Contractual Liability MED EXP(Any one person) $ 10,000 Y Y TB2-641-444950-034 06/01/2024 06/01/2025 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY� JECT PRO � LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y AS2-641-444950-044 06/01/2024 06/01/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 51000,000 X EXCESS LIAB CLAIMS-MADE Y Y EUO(25)57919363 06/01/2024 06/01/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER C ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? No NIA Y WA7-64D-444950-014 06/01/2024 06/01/2025 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below . 6K T E.L.DISEASE-POLICY LIMIT $ nZ 10.2 24 DATE—�.,__ ._-.... WNWR I _X . DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured on General Liability, Automobile Liability and Umbrella/Excess Liability on a Primary, Non-contributory basis where required by written contract. Waiver of Subrogation applies on General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Compensation where required by written contract and as permitted by law. Umbrella/Excess policy is follow form over General Liability, Auto Liability and Employers Liability. 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 AUTHORIZED REPRESENTATIVE Attn: Olympia Newton 1100 Simonton St. /fry Key West, FL 33040 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 26520780 BATCH: 3641957 AGENCY CUSTOMER ID: LOC#: ACCOR 0 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Midwest, Inc. HDR Engineering, Inc. 1917 South 67th Street POLICY NUMBER Omaha, NE 68106 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE: Engineering Design and Permitting Services for the Winston Waterways Rd Elevation and Stormwater Design Additional Insureds: Monroe County BOCC, Florida Department of Environmental Protection and Florida Division of Emergency Management ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 26520780 BATCH: 3641957 CERT: W35437551 Policy Number: TB2-641-444950-034 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All locations owned by or rented to the Named Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits" brought; or obligated to pay as damages caused by "occur- c. Persons or organizations making claims or rences" under Section I — Coverage A, and for all bringing "suits". medical expenses caused by accidents under Section I — Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "loca_ damages or under Coverage C for medical tion" shown in the Schedule above: expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shall not re- Aggregate Limit applies to each designated duce the General Aggregate Limit shown in "location", and that limit is equal to the the Declarations nor shall they reduce any amount of the General Aggregate Limit other Designated Location General Aggre- gate Limit for any other designated "location" 2. The Designated Location General Aggregate shown in the Schedule above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except damag- Occurrence, Damage To Premises Rented To es because of "bodily injury" or "property You and Medical Expense continue to apply. damage" included in the "products-completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I — Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to operations at a single designated reduce the Products-completed Operations Ag- "location" shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen- damages or under Coverage C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi- under the General Aggregate Limit or the nitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit, whichever is applicable; and "Location" means premises involving the same or 2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit. interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 Policy Number: TB2-641-444950-034 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All construction projects not located at premises owned, leased or rented by a Named Insured Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I — Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- 11property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I — Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 POLICY NUMBER: TB2-641-444950- COMMERCIAL GENERAL LIABILITY 034 CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of 'your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor designated above. engaged in performing operations for a principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III — Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement; or by the contract or agreement to provide for such additional insured. 2. Available under the applicable limits of B. With respect to the insurance afforded to these insurance; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable limits of insurance. "property damage" occurring after: SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): Any person or organization with whom you have agreed All locations as required by a written contract or through written contract, agreement or permit to provide agreement entered into prior to an"occurrence"or additional insured coverage offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 © Insurance Services Office,Inc., 2018 Page 1 of 1 POLICY NUMBER: TB2-641-444950- COMMERCIAL GENERAL LIABILITY 034 CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization to whom or to which you are Any location where you have agreed,through written, required to provide additional insured status in a written contract, agreement,or permit,to provide additional contract, agreement or permit except where such insured coverage for completed operations contact or agreement is prohibited. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 12 19 © Insurance Services Office,Inc., 2018 Page 1 of 1 Policy Number TB2-641-444950-034 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Section IV-Conditions 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed prior to a loss, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (3) This insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same 'occurrence", claim or"suit". LID 24 153 08 16 ©2016 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: TB2-641-444950-034 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): As required by written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: AS2-641-444950-044 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage 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 Organ ization(s): As required by written contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2-641-444950-044 Issued by: Liberty Mutual Fire Insurance Company 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 where the Named Insured has agreed by written contract to include such person or organization Regarding Designated Contract or Project: Any 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 0811 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc., with its permission. POLICY NUMBER: AS2-641-444950-044 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract of the contract requires you to obtain this agreement from us but only if the contract is executed prior to the injury or damage occurring. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a c ontract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by contract or written agreement prior to loss. Issued by:Liberty Insurance Corporation For attachment to Policy No WA7-64D-444950-014 Effective Date 06/01/2024 Premium Issued to:HDR Engineering, Inc. WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 Policy Number TB2-641-444950-034 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): As required by written contract or As required by written contract or 30 written agreement written agreement A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 03 14 ©2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS2-641-444950-044 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): As required by written contract 30 or written agreement A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 03 14 ©2014 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): As required by written 30 contract or agreement All other terms and conditions of this policy remain unchanged. Issued by Liberty Insurance Corporation For attachment to Policy No.WA7-64D-444950-014 Effective Date 0610112024 Premium$ Issued to HDR Engineering, Inc. Endorsement No. WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed.1210112016 7TE/(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE6/1/20251/2024 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). CONTACT PRODUCER LOckton Companies,LLC NAME: 444 W 47th Street,Suite 900 PHOfAIC,NE FAx Kansas City MO 641 1 2-1 906 E-MAIL Ext: A/C No (816)960-9000 ADDRESS: kcasuGlOckton.cOm INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyds Of London INSURED HDR ENGINEERING,INC. INSURER B: 1429683 1917 SOUTH 67TH STREET INSURER C: OMAHA NE 68106 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20878084 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYW W MMIDD/ YY COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX OCCUR DAMAGE TO RENTED CLAIMS-MADE El PREMISES Ea occurrence) ccurrence $ XXXXXXX MED EXP(Any one person) $ XXXXXXX 1,K T ERSONAL&ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: y �I "J ""' ENERAL AGGREGATE $ XXXXXXX 6Y,_ �. POLICY JE� LOC DA 10. .24 _RODUCTS-COMP/OP AGG $ XXXXXXX OTHER: W $ AUTOMOBILE LIABILITY NOT APPLICABLE OMBINED SINGLE LIMIT $ to accident XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XrXrXrXrXrXrXr AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX A ARCH&ENG N N P1001412400 6/1/2024 6/1/2025 PER CLAIM:$1,000,000 PROFESSIONAL AGGREGATE:$3,000,000 LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CFRTIFTCATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICARLE TO THE CARRIERS LISTED AND THE.POLICY TERMS)REFERENCED. RE:TATTANA GUiNGUE,FORT LAUDERDALE.ENGINEERING DESIGN AND PERMITTING SERVICES FOR THE WINSTON WATERWAYS RD ELEVATION AND STORMW,ATER DESIGN. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ZO$7$OH4 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY HOCC ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: OLYMPIA NEWTON AUTHORIZED REPRIESENTATIV j 1100 SIMONTON ST. KEY WEST FL 33040 ©19884015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D608624 Master ID: 1429683, Certificate ID:20878084 This endorsement, effective: 06/01/2024 - 06/01/2025 Forms a part of policy no.: P1001412400 Issued to: HDR Engineering, Inc. By: Lloyd's of London NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS ENDORSEMENT Except respect cancellation non-payment premium (10 day notice cancellation), the Insurer shall give 30 day notice cancellation the Certificate Holder(s) set forth herein, provided that: The First Named Insured is required by contract give notice cancellation the Certificate Holder, and Prior the Insurer sending notice cancellation the First Named Insured the First Named Insured shall provide the Insurer in writing, either directly or through the First Named Insured broker record, the name each person or organization requiring notice cancellation and the corresponding address such person orther employee responsible receipt of notice of cancellation on behalf of such organization. Notice cancellation be sent in accordance the terms and conditions the policy, except that the Insurer may provide written notice individually or collectively the Certificate Holders by email at the current email address given by the First Named Insured Proof sending the notice of cancellation by email shall be sufficient proof of notice. Any failure provide notice cancellation the Certificate Holder due inaccurate or incomplete information provided by the First Named Insured shall remain the sole responsibility the First Named Insured The following definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown in Item 1. of Declarations. 2. Insurer means the insurance company shown in the header on the Declarations. All other terms and conditions of the policy remain the same