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Item C14 C14 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 11, 2024 Agenda Item Number: C 14 2023-3365 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Leo Montiel AGENDA ITEM WORDING: Approval of a contract with Graef-USA Inc., for the Engineering Design and Permitting Services for the Flagler Avenue(Key West) Road Resiliency Project in the amount of$ 3,584,537. The contract is 75% funded by a Hazard Mitigation Grant Program(HMGP) grant and 25 % funded with local infrastructure sales tax funds. ITEM BACKGROUND: Flagler Avenue in Key West has been subject to periodic king tides and heavy rain events. The County's two year Sea Level Rise(SLR) Road Elevation Vulnerability Assessment identified the community as one that will be vulnerable to SLR impacts by 2025. On June 8, 2024, The County advertised the Request for Qualifications for the Engineering Design and Permitting Services for the Flagler Avenue (Key West) Road Resiliency Project. Five submittals were received on July 25, 2024. The selection committee met and ranked the respondents on August 26, 2024. Graef-USA Inc. was the highest ranked respondent. PREVIOUS RELEVANT BOCC ACTION: January 31, 2024 BOCC approved the Hazard Mitigation Grant Program(HMGP) Florida Department of Emergency Management Contract#H1044, in the amount of$ 10,315,823.41 to partially fund phase I Engineering Design and Permitting Services for the project#4399-161-R Monroe County , Countywide Roads Flood Control Projects, which includes the Flagler Avenue (Key West) Road Resiliency Project. The HMGP funds are approved in two phases, Design,phase I and Construction, phase II. The Flagler Avenue (Key West) Road Resiliency Project will be funded with a combination of FEMA HMGP funds (75%) and local match(25%) for design. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: new STAFF RECOMMENDATION: Approval 661 DOCUMENTATION: Flagler Ave Resiliency Design Contract with COlsmsigned.pdf FINANCIAL IMPACT: Effective Date: December 11,2024 Expiration Date: 60 days after construction completion Total Dollar Value of Contract: $3,584,537 Total Cost to County: $ 896,134.25 Current Year Portion: $ 2,300,000 Budgeted: yes Source of Funds: HMGP grant#H1044 for 75% or$2,688,402.75, Fund 304-27024-SC_00122 for 25% or $896,134.25 CPI: No Indirect Costs: None Grant: HMGP grant#H1044 for 75% or$2,688,402.75 County Match: 25% or$896,134.25 from Fund 304-27024-SC_00122 Insurance Required: Yes 662 AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERIVCES FOR THE FLAGLER AVENUE (KEY WEST) ROAD RESILIENCY AND ADAPTATION PROJECT This Agreement ("Agreement") made and entered into this 11 t h day of December, 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 GRAEF — USA INC,.a Corporation of the State of WISCONSIN, whose address is 275 W Wisconsin Ave SUITE 300 MILWAUKEE, WI 53203 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS COUNTY desires to employ the professional services of CONSULTANT for Engineering Design and Permitting Services for the Flagler Avenue (Key West) Road Resiliency and Adaptation Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Engineering Design and Permitting Services for the Flagler Avenue (Key West) Road Resiliency and Adaptation Project, which services shall collectively be referred to as the "Project". NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE I REPRESENTATIONS AND WARRANTIES 1.1 By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1 663 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 Flagler Road Elevation Resiliency and Adaptation Project. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A, and as described in the Agreement. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subcontractors, or both. 2 664 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: GRAEF—USA INC. 275 W Wisconsin Ave SUITE 300 MILWAUKEE,WI 53203 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. 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. 3 665 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 subcontractors 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 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. 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 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. 4. 666 5.3 Florida Division of Emergency Management Indemnification CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe County BOCC and Florida Division of Emergency Management(FDEM) its commissioners, officers, employees, agents and servants against all claims of whatever nature arising out of the performance of work under this agreement to the extent allowed and required by law. The CONSULTANT will include the above indemnification in any sub-contracts. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's (COUNTY's) sovereign immunity requirement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the hourly rates outlined in Attachment B in a total contract amount of $ 3,584,537. Amounts are lump sum unless noted as Not to Exceed(NTE). Task (GRAEF) Estimated Task amount Project Management $ 54,496 Meetings $ 124,110 Survey $ 21,987 NTE Geotechnical $ 40,030 Environmental $ 71,213 NTE Permitting $ 138,828 30% Roadway, Structures $ Drainage Design $ 985,486 60% Roadway, Structures & Drainage Design $ 787,910 90% Roadway, Structures & Drainage Design $ 376,198 100% Roadway, Structures & Drainage Design $ 107,919 Public Involvement $ 26,050 NTE Utilities $ 90,418 Project Controls $ 72,435 Bidding &Award of Contract $ 24,870 NTE Grant Support Services $ 90,542 5 667 Subconsultants Survey (Haddone) $ 264,379 NTE Geotechnical (Terracon) $ 103,766 Environmental (Search) $ 9,640 NTE Public Involvement (Quest) $ 26,260 NTE Allowance $ 100,000 NTE Reimbursable Expenses $ 68,000 (Actual) Total not to exceed $ 3,584,537 7.2 PAYMENTS For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 —September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 668 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $200,000 per person, $300,000 per occurrence, $200,000 property damage or $300,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and with $1,000,000 per occurrence An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Engineer's Errors and Omissions insurance of $1,000,000 per 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 7 669 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 and FDEM 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 and FDEM as additional insureds on General and Auto Liability. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 8 670 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty (30) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seven (7) days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the amount set forth in paragraph 7.1 Payment Sum. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the amount set forth in Paragraph 7.1 Payment Sum. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), 3 671 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 modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES; DISCRIMINATORY VENDORS; ANTITRUST VIOLATOR VENDORS Pursuant to Sections 287.133, 287.134 and 287.137, Florida Statutes, the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not 1 672 transact new business with a public entity. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes) and has not been placed on the convicted vendor list, the discriminatory vendor list, or antirust violator vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list, discriminatory vendor list, or antitrust violator vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10)years from the termination of this agreement or for a period of five years from submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater, and in accordance with the exceptions as set forth in 2 C.F.R. 200.334. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to 11 673 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 the Consultant. The right to audit provisions survives the termination of expiration of this Agreement. 9.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS,AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 12 674 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 1 675 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. Equal Employment Opportunity. Except as otherwise provided under 41 CR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause as set forth below: During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200,Appendix II, C, agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, 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 Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in 14 676 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 contractor's legal duty to furnish information. (4)The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor 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 Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor 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 noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States. The Applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 15 677 The Applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 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 1 678 by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT 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 17 679 RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040, PUBLICRECORDS(a-),MONROECOUNTY-FL.GOV, (305)293-3470. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 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 1 680 factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 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 13 681 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 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. 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 (Davis-Bacon is not federal required for procurements under FEMA's Public Assistant (PA) or Hazard Mitigation Assistance Grant Programs (HMGP)) , 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, Contractor 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, Contractor 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 (Davis-Bacon does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the Contractors , 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, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONSULTANT/Contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The CONSULTANT/contractor 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. 2 682 (2) Subcontracts. The CONSULTANT or subcontractor 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 Subcontractors/Subconsultants to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor 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. COPELAND "ANTI-KICKBACK" ACT The Contractor 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. Compliance with the Copeland "Anti-Kickback" Act. Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no 21 683 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 (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In 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 watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of$32 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 paragraph (b)(1). (3) Withholding for unpaid wages and liquidated damages— (i) Withholding Process. The COUNTY may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for 22 684 compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. (5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. (2) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job 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. 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 2 685 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 24 686 The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. CONSULTANT 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 et. seq.; 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. The Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Consultant agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. DEBARMENT AND SUSPENSION: (EXECUTIVE ORDERS 12549 AND 12689)—A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 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." 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. A Contract that is a covered transaction for purposes of 2 CFR Part 180 and 2 C.F.R. Part 3000 must comply with the following: Consultant is required to verify that none of the Consultant's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY and other State and Federal agencies. If it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY 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. 25 687 BYRD ANTI-LOBBYING AMENDMENT: (31 U.S.C. 1352)— CONTRACTOR/Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are 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 Consultant to the COUNTY.) COMPLIANCE WITH PROCUREMENT OF RECOVERED MATERIALS: As set forth in 2 CFR § 200.323. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as 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 Consultant shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— a) Competitively within a timeframe providing for compliance with the contract performance schedule; b) Meeting contract performance requirements; or c) At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, httK�s://www.eta.Gov/smm/comprehensive-procurement- guideline-cpg- program. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable." PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT AS SET FORTH IN 2 CFR §200.216. (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in this clause— (b) Prohibitions. 1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after 2 688 Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2) Unless an exception in paragraph (c) of this clause applies, the Consultant and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; iii. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. 1) This clause does not prohibit contractors from providing— i. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2) By necessary implication and regulation, the prohibitions also do not apply to: I. Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 3) Reporting requirement. 1) In the event the contractor/consultant identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor/consultant is notified of such by a subcontractor at any tier or by any other source, the contractor/consultant shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2) The Consultant shall report the following information pursuant to paragraph (d)(1) of this clause: I. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item 2.7 689 description; and any readily available information about mitigation actions undertaken or recommended. II. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Consultant shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Consultant shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. DOMESTIC PREFERENCE FOR PROCUREMENTS AS SET FORTH IN 2 CFR §200.322 The COUNTY and CONSULTANT 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. This includes but is 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 BUILD AMERICA, BUY AMERICA ACT(BABAA). Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to COUNTY with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency; subrecipients will forward disclosures to the passthrough entity, who will, in turn, forward the disclosures to FEMA. For FEMA financial assistance programs or other federally funded programs subject to BABAA, contractors and subcontractors must sign and submit the following BABAA certification to the next tier (e.g., subcontractors submit to the contractor; contractors submit to the County) each bid or offer for an infrastructure project that has not been waived by a BABAA waiver. Build America, Buy America Act (BABAA) for Architectural and/or Engineering Contracts Build America, Buy America Act Preference. Consultants and subcontractors agree to incorporate the Buy America Preference into planning and design when providing architectural and/or engineering professional services for infrastructure projects. Consistent with the Build America, Buy America Act (BABAA) Pub. L. 11758 §§ 70901-52, no federal financial assistance funding for infrastructure projects will be used unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. AMERICANS WITH DISABILITIES ACT OF 1990 (ADA): The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the 2 690 assurance by the CONSULTANT 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 agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and Contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and 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; 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 23 691 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"). ENERGY EFFICIENCY— CONSULTANT will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. FLOOD DISASTER PROTECTION ACT OF 1973: Consultant 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. UNIFORM FEDERAL ACCESSIBILITY STANDARDS CONSULTANT/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. NATIONAL HISTORIC PRESERVATION ACT OF 1966 CONSULTANT 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 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: (2) 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 (3) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (4) Abiding by the terms and conditions of the "Programmatic Agreement 30 692 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. (5) When any of the Sub-recipient's projects funded under this Agreement may affect a historic property, as defined in 36 C.F.R., Part 800.16 (1)(1), the Federal Emergency Management Agency (FEMA) may require the Sub- recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub-recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (6) 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. (7) 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 1 693 vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Subrecipient further acknowledges that FEMA may require the Sub-recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub-recipient also acknowledges that FEMA will require, and the Sub-recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (8) The Sub-recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub-recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. ENDANGERED SPECIES ACT OF 1973, 16 U.S.C. 1531-1544; CONSULTANT will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544. STATEMENT OF NO CONFLICT Neither the COUNTY nor any of its CONSULTANTS 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 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. ENVIRONMENTAL POLICY ACT OF 1969, CONSULTANT 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 2 694 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). 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. ACCESS TO RECORDS: The Consultant agrees to provide COUNTY, FDEM, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Consultant agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Additional Suggested Language Applicable to Contracts Entered into After August 1, 2017, Under a Major Disaster or Emergency Declaration: In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the COUNTY and the Consultant acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. CHANGES: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. FEMA recommends that all contracts include a changes clause that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may depend on the nature of the contract and the procured item(s) or service(s). The recipient or subrecipient should also consult their servicing legal counsel to determine whether and how contract changes are permissible under applicable state, local, or tribal laws or regulations. DHS SEAL, LOGO AND FLAGS: COUNTY must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgment that FEMA financial assistance will be used to fund all or a portion of the contract. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures and directive. 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, 33 695 Consultant, or any other party pertaining to any matter resulting from the contract. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. If applicable, the Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant's actions pertaining to this contract. SOCIOECONOMIC CONTRACTING The Consultant is encouraged to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)(5) to ensure small businesses, minority businesses, women's business enterprises, veteranowned businesses, and labor surplus area firms are considered when possible. COPYRIGHT License and Delivery of Works Subject to Copyright. The Consultant grants to the COUNTY, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Consultant will identify such data and grant to the COUNTY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Consultant will deliver to the COUNTY data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the COUNTY. PROVIDING GOOD, SAFE JOBS TO WORKERS Creating Good Jobs. Pursuant to FEMA Information Bulletin No. 520, the Consultant will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the Consultant commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The Consultant acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. BUY CLEAN COUNTY encourages the use of environmentally friendly construction practices in the performance of this Agreement. In particular, COUNTY encourages that the performance of this agreement include considering the use of low-carbon materials which have substantially lower levels of embodied greenhouse-gas emissions associated with all relevant stages of production, use, and disposal, as compared to estimated industry averages of similar materials or products as demonstrated by their environmental product declaration 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 Consultant and subcontractors are bound by the terms of this Agreement. o Consultant 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 Consultant and subcontractors may not give brand name or geographic 4. 696 preference (unless approved by FDEM/FDEP) o Consultant 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. 9.33.22 ADDITONAL STATUTES AND REGULATIONS The Consultant/subcontractor 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 11 of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and Part 39 (23) 42 U.S.C. 5154a 9.34 APPLICATION OF TERMS AND CONDITIONS This Agreement is funded in part with grant funds from the Florida Department of Environmental Protection- Resilient Florida Program and a grant through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), which is administered through Florida Department of Emergency Management(FDEM).All work will be required to conform to the grant program requirements and will include but not be limited to an FDEP Sea-Level Impact Projection (SLIP) Study, an FDEM required Hydraulic and Hydrologic Study, preparation of National Environmental Policy Act (NEPA) and National Historical Preservation Act compliance documents and a Benefit Cost Analysis. The Consultant will be bound by the terms and conditions of that agreement. 9.35 EXECUTION This Agreement may be executed electronically and shall be regarded as an original and shall constitute one and the same instrument of this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly 5 697 authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date: I MONROE COUNTY ATTORNEY ialt CHWI INE LAMBEU-BARROWS ASSISTANT'COUNTY AWORNEY DAIT, 1111/25/241111 (Seal) GRAEF-USA, INC. Attest: BY: By: Title: Title: END OF AGREEMENT 36 698 ATTACHM ENT A SCOPE OF SERVICES .7 699 9200 South DadelanuBoulevaru Suite 230 Miami,FL 33156 305/mao55o u05/om4553fax NEW °"°°.g=="°°.="m GRa"""" EF �/y/UI �b o r�7, t e / f o rm v,,K7*'t e / �i fn,, in,0 v 7,/,/it,e November 21. 2O24 Ms. Judith S. Clarke, P.E. Director of Engineering Services Monroe County 11OO Simonton Street Key West, Florida 33O4O SUBJECT: F|og|or Avenue Road Resiliency and Adaptation Project GRAEF Scope of Services and Cost Proposal Dear Ms. Clarke: We are very pleased to provide you with this proposal for professional services for the Flagler Avenue Road Resiliency and Adaptation Project. VVo anticipate executing the Monroe County Contract Agreement for our work on the Project. |tio our understanding that the nature of the Project iot000notruotmodwoyonddroinogoimpmvomontuto F|og|orAvonuo. For this Project, GRAEFpmp0000topmwidothoBaoioSomi000aod000hbodinA#oohmontA^Soopoof Somi000.^ GRAEF will endeavor to perform the Basic Services in accordance with the schedule outlined in Attachment A, SoodonO. You agree to compensate GRAEF for all basic services on a time and material not to exceed (NTE)or Lump Sum (LS) basis oo summarized below and included in Attachment B"Cost Pmp000|^ Task Activity Contract Amount LS or NTE 7A 30%Roadway, Structures&Drainage Design $985,486 LS 7B 60%Roadway, Structures&Drainage Design $787,910 LS 7C 90%Roadway, Structures&Drainage Design $376,198 LS 7D 100%Roadway, Structures&Drainage Design $107,919 LS TOTALS $3,416,537 PROJECT TOTAL $3,584,537 700 E= GRaEF �/Y,UI a�,'�,�b o r�7, t e / f o rm v,K7*'t e / �� in,o v 7,,,�''t e Mileage will bo billed ot the federal rate ot the time incurred. The GRAEF team can provide the following Additional Services with onadditional fee agreed toin advance ofthe services being performed: w Traffic Signal Design w Roadway Lighting Design w Right-of-Way mapping,easements, and/or agreement to assist in acquisition services. w Additional NEPA requirements above and beyond what is specified in Section G.3. w Private Utility Locates. w Double Ring |nfi|bnmeterTesting. w Construction Phase Engineering Services. VVo look forward to working with you on this important project. Please call uoot3O5'378'5555if you have any questions regarding this proposal. Ginooro|y' Nelson H. Ortiz, PE Scott D. Hinrichs, PE OffiooLoudor—Miumi | Prinoipu| Office Leader—Orlando | Principal AttuohmontA—GoopoofGomi000 AttuohmontB—CootPmpooa| e 701 ATTACHMENT A SCOPE OF SERVICES A. TABLE OF CONTENTS A. TABLE OF CONTENTS.............................................................................................................1 B. INTRODUCTION......................................................................................................................3 C. TASK 1: PROJECT MANAGEMENT.............................................................................................4 C.1 PROJECT SCHEDULE: .....................................................................................................4 C.2 PROJECT PROGRESS REPORTS:......................................................................................4 C.3 PROJECT MAINTENANCE AND MONITORING: .....................................................................4 D. TASK2: MEETINGS.................................................................................................................5 D.1 TECHNICAL MEETINGS:...................................................................................................5 D.2 PROGRESS MEETINGS:...................................................................................................5 E. TASK 3: SURVEY ....................................................................................................................5 E.1 RIGHT-OF-WAY RESEARCH AND LOCATION .......................................................................5 E.2 LIDAR SURVEY...............................................................................................................6 E.3 TOPOGRAPHIC SURVEY..................................................................................................6 EA QUALITY LEVEL B SUBSURFACE UTILITY INVESTIGATION....................................................7 E.5 QUALITY LEVEL A UTILITY SOFT DIGS...............................................................................7 F. TASK 4: GEOTECHNICAL .........................................................................................................7 F.1 ROADWAY SPT BORINGS (6 FT DEEP) &DCP TESTS ...........................................................7 F.2 PUMP-STATION STP BORINGS (30 FT DEEP).......................................................................8 F.3 REASONABLE ASSURANCE REPORT (RAR)........................................................................9 FA ENGINEERING AND REPORTING.....................................................................................11 G. TASK 5: ENVIRONMENTAL .....................................................................................................11 G.1 ENVIRONMENTAL INVESTIGATIONS................................................................................11 G.2 NATIONAL HISTORICAL PRESERVATION ACT COMPLIANCE: (If needed)................................12 G.3 NEPA 8-STEP PROCESS ................................................................................................12 H. TASK 6: PERMITTING ............................................................................................................12 H.1 PERMITTING AT PRELIMINARY DESIGN ...........................................................................12 H.2 PRE-APPLICATI ON MEETINGS—60%...............................................................................13 H.3 PERMIT PACKAGE SUBMITTALS—90%/100%....................................................................13 I. TASK 7: ROADWAY, STRUCTURE &DRAINAGE DESIGN .............................................................13 1.1 30%DRAINAGE ANALYSIS .............................................................................................13 Page 11 702 1.2 STRUCTURES ..............................................................................................................14 1.3 HYDROLOGIC&HYDRAULIC MODEL ...............................................................................14 1.4 30%ROADWAY SUBMITTAL............................................................................................15 1.5 60%ROADWAY, STRUCTURE&DRAINAGE SUBMITTAL .....................................................16 1.6 90%ROADWAY,STRUCTURE &DRAINAGE SUBMITTAL ......................................................17 J. TASK 8: PUBLIC INVOLVEMENT..............................................................................................17 K. TASK 9: UTILITIES.................................................................................................................18 K.1 IDENTIFY EXISTING UTILITY AGENCY OWNER(S) ..............................................................18 K.2 MAKE UTILITY CONTACTS..............................................................................................18 K.3 FIELD REVIEWS............................................................................................................18 KA COLLECT&REVIEW PLANS AND DATA FROM UAO(s) ........................................................18 K.5 REVIEW UTILITY MARKUPS &AGREEMENTS ....................................................................18 K.6 UTILITY COORDINATION/FOLLOW-UP..............................................................................18 L. TASK 10: PROJECT CONTROLS..............................................................................................19 L.1 OPINIONS OF PROBABLE COST: .....................................................................................19 L.2 CONSTRUCTION TIME CHART:........................................................................................19 L.3 QUANTITIES.................................................................................................................19 LA TECHNICAL SPECIAL PROVISIONS: .................................................................................19 L.5 FIELD REVIEWS:...........................................................................................................19 L.6 QUALITY ASSURANCE/QUALITY CONTROL:......................................................................19 M. TASK 11: BIDDING AND AWARD OF CONTRACT ........................................................................20 N. TASK 12: GRANT SUPPORT SERVICES ....................................................................................20 N.1 DIVISION OF EMERGENCY MANAGEMENT GRANT SUPPORT..............................................20 N.2 DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT SUPPORT..................................21 0. PROJECT SCHEDULE............................................................................................................21 P. SERVICESIINFORMATION PROVIDED BY MONROE COUNTY.......................................................22 Q. ADDITIONAL SERVICES NOT INCLUDED IN CONTRACT..............................................................22 Page 12 703 B. INTRODUCTION Monroe County (COUNTY)will be constructing improvements to Flagler Avenue, which is located in the City of Key West. Improvements will include reconstructing the road using asphalt base to adapt for current and future sea level rise impacts based on the NOAA 2017 intermediate high sea level rise predictions through 2045 and replacing the existing gravity drainage system, which no longer functions well during seasonal king tides. Work will include installation of a stormwater management system consisting of a collection system, treatment unit, pump station and injection wells for disposal, utility coordination for adjustment and relocation, coordination with adjacent property owners as needed, private property harmonization and all other improvements necessary to provide a functioning roadway system. The County requires the services of GRAEF-USA, Inc. (CONSULTANT)to provide engineering design and permitting services for the work. This project will be partially funded by a grant through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), which is administered through Florida Department of Emergency Management(FDEM). All work will be required to conform to the grant program requirements and will include but not be limited to an FDEP Sea-Level Impact Projection (SLIP) Study, an FDEM required Hydraulic and Hydrologic Study, preparation of National Environmental Policy Act (NEPA) and National Historical Preservation Act compliance documents and a Benefit Cost Analysis. The proposed scope of work shall improve the existing drainage system by installing a new stormwater collection system and modifying the roadway throughout the project limits. The proposed stormwater management system improvements include the installation of catch basins and piping to collect stormwater within the County right-of-way, construction of pump stations that include submersible pumps, a stormwater treatment unit(i.e., pollution control structure), a control panel for telemetry and a permanent emergency generator, force main, and pressurized injection wells for stormwater disposal. Sediment baffles shall be installed at all catch basins and upstream to the pump stations to prevent heavy particulates and other pollutants from entering the system. The capacity of the pump station(s) depends on the size and characteristics of the project area and are to be determined during the drainage analysis portion of the engineering design phase. A minimum target edge of pavement elevation of 2.26 feet(NAVD88) is required to meet the projected 2045 Sea Level Rise; however, to avoid disruptions and right-of-way impacts throughout the project limits, some sections of the roadway may have to remain at the existing grade. To make the roadway more resilient, it shall be reconstructed with an asphalt"Black" base course to mitigate the decreasing groundwater clearance and to provide an impermeable layer that shall withstand future submerged conditions. All pump stations shall be provided with a permanent emergency diesel generator with a capacity of 600 kW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical utility. The project also includes the installation of a concrete pad and an Automatic Transfer Switch (ATS). The County's target runtime for the generators is 72 hours, but the fuel use anticipated duration and fuel tank location, if necessary, shall be defined in the design phase. 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 Page 13 704 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. 1. The CONSULTANT shall analyze and document Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 2. The CONSULTANT shall design the project using the most appropriate consideration for the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, existing vegetation to be preserved, pedestrian and bicycle concerns, and Americans with Disabilities Act(ADA) requirements. 3. The CONSULTANT shall establish a design that minimizes impacts to the private properties while meeting corresponding design criteria based on safety, operation, and resiliency. 4. The CONSULTANT shall furnish construction contract documents as follows to adequately control, coordinate, and approve the work concepts. 5. The CONSULTANT shall distribute electronic submittals as directed by the COUNTY. 6. It is the responsibility of the COUNTY to compile all comments from the various reviewing party and submit to the CONSULTANT. C. TASK 1: PROJECT MANAGEMENT .1 PROJECT SCHEDULE: 1. The CONSULTANT shall provide a detailed project activity/event schedule for COUNTY. The CONSULTANT will schedule activities necessary to meet the current COUNTY Production Dates in compliance with associated grants and communicated funding milestones. For the purpose of scheduling, the CONSULTANT shall allow for a two (2)week review time for each phase submittal. 2. The schedule shall provide a summary of required submittals. The project schedule shall be reviewed with the approval of the COUNTY. C.2 PROJECTG : 1. The CONSULTANT shall prepare monthly progress meetings that summarize: i. Items completed in the prior month. ii. Items planned for completion in the next month. iii. Items needed from Monroe County. iv. Critical risks to project schedule, scope and/or budget. C.3 PROJECTMAINTENANCE AND MONITORING: 1. 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. Page 14 705 D. TASK 2: MEETINGS D.1 TECHNICAL MEETINGS: 1. The CONSULTANT shall hold a project kick-off meeting. 2. 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. 3. The CONSULTANT will assist the COUNTY with FDEM grant assistance including quarterly updates, reimbursement request, and deliverables. 4. The CONSULTANT shall hold milestone review meetings at 30%, 60%, and 90%. PROGRESSI G : 1. The CONSULTANT will hold VIRTUAL bi-weekly progress meetings, as needed, during the design. E. TASK3: SURVEY Limits of project survey: The project survey limits include the public right-of-way of Flagler Avenue between First Street and A1A inclusive of the termini intersections. The survey will collect data =25' past the public right-of-way line to aid with grading and design, specifically at driveways. Crossroad survey will include 75' beyond the radius of the Flagler Avenue intersection. The area is shown in diagram below with a red outline. MIAkdl i mmA i J i°INS, E.1 RIGHT-OF-WAY RESEARCH AND LOCATION THE CONSULTANT will compile a parcel map of the properties adjacent to the survey. 1. Monroe County property records will be searched to obtain the plats of the parcels adjacent to the survey. i. A title search is not included. 2. 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. 3. Property corners that are observed during survey will be imported into the drawing. The property corners will be used to place the drafted plats and deeds on State plane coordinates Page 15 706 LIDAR SURVEY 1. The CONSULTANT will conduct a 3-dimensional survey using LiDAR technology to model the existing conditions of the project and location. This 3-dimensional survey will consist of the following tasks: 2. The CONSULTANT Dimensional Modeling team leader will conduct a site visit for reconnaissance purposes to familiarize himself with the site, determine Primary Control, Target Control, and Scan Position locations. 3. The CONSULTANT survey crew will setup a Primary Control Network surrounding the project site. Horizontal and Vertical coordinates will be established on these points based on an coordinate system/datum. This Primary Control Network will be used as the basis of all additional surveying activities on the project site. 4. The CONSULTANT survey crew will setup a Target Control Network based on the Primary Control Network to be used during the scanning process. This Target Control Network will be used to register, or"stitch", multiple scan positions together to build one complete 3- dimensional point cloud model that is spatially correct between each scan position. 5. The CONSULTANT survey crew will perform approximately 500 scan positions in total encompassing the project site. 6. LiDAR technology relies online of sight access to acquire the area(s) of interest. Often these areas of interest have obstacles in the way preventing complete line of sight access. 40% shadowing can be expected. 7. Once all Primary Control, Target Control, and Scan Positions have been completed, the CONSULTANT Dimensional Modeling team leader will perform an assessment on the point cloud data. This assessment will include registering "stitching"each scan positon together, validating scan position alignment, scan position to survey control alignment, image alignment, point cloud density and random uncertainty(noise). 8. After successful assessment of the registered point cloud, modeling will be performed extracting relevant data from this point cloud which is needed for design purposes, producing a AutoCAD DWG models. TOPOGRAPHIC SURVEY 1. Perform a full Topographic Survey of the corridor as defined above. Elevations will be on NAVD 88. 2. Cross sections of the roadway will be surveyed using conventional methods. 3. 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. 4. THE CONSULTANT will attempt to collect features twenty-five feet beyond the right of way at the private properties and seventy-five feet beyond the right of way at each roadway/driveway; however, if fences, walls, mangroves, swamps, forested areas, thick vegetation, or homeowners prevent access, the survey will terminate at the right-of-way. Page 16 707 5. THE CONSULTANT will attempt collect all above ground features within the survey limits, however; structures covered by dumpsters, stored materials, or covered by other obstructions that prevent access will not be included in the deliverables. EA QUALITY LEVEL B SUBSURFACE UTILITY INVESTIGATION 1. 811 Tickets will be called in for the project limits. Once the CONSULTANT receives notification that all utilities have been marked, the CONSULTANT will survey the paint marks. Subsurface Utility Investigation will be completed for the full width of right-of-way as shown within the project limits outlined in red above. The CONSULTANT shall notify the COUNTY to locate storm drains along the corridor. E.5 QUALITY LEVEL A UTILITY SOFT DIGS 1. Once the Level A locations have been provided the locations will be marked in the field. 2. Quality Level B designation will be completed at each location prior to digging. 3. Excavate using vacuum/air pressure or hand digging to avoid damaging any utilities. 4. Install a marker over the utility and determine the elevation of the marker and the top of the utility. 5. The material removed from the holes or material excavated from the holes will be removed and disposal will be performed per COUNTY requirements. Backfill of the test holes will be in accordance with COUNTY standards. . 50 Test Holes are assumed for scoping purposes. F. TASK 4: GEOTECHNICAL F.1 ROADWAY SPT BORINGS (6 FT DEEP) & DCP TESTS 1. The CONSULTANT proposes to perform 22 SPT Borings, at an approximate frequency of one every 500 LF of road alignment of roadway exploration within the Flagler Avenue project area. The SPT borings will be extended to a nominal depth of 6 FT below the existing surface (BES), or refusal. (B-1 to B-22) 2. Boring Layout and Elevations: The CONSULTANT will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of±1 0 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. We can alternatively coordinate with your Project Surveyor to include locations and surface elevations in project information if so requested. 3. Subsurface Exploration Procedures: The CONSULTANT will advance borings with a truck- mounted drill rig using drilling mud and casing. Three samples will be obtained in the upper 6 feet of each boring. Soil sampling is typically performed using the split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test(SPT). The samples will be placed in appropriate containers, taken to our soil laboratory IMM Page 17 G R E F 708 for testing, and classified by a Geotechnical Engineer. In addition, the CONSULTANT will observe and record groundwater levels during drilling and sampling. 4. The CONSULTANT will perform Dynamic Cone Penetration (DCP)test in general accordance with ASTM D6951 —Standard Test Method for Use of Dynamic Cone Penetrometer in Shallow Pavement Applications from a depth of 9 inches to 18 inches below existing grade. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling and the CONSULTANT'S interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation and include modifications based on observations and laboratory tests. 5. Traffic Control: The CONSULTANT has included an estimated budget for subcontracting traffic control services during our drilling activities, which is anticipated to take three days. The subcontracted traffic control services include: i. MOT Permitting ii. MOT Plans iii. MOT setup No work will be performed within School Zones during critical hours. 6. The fee presented assumes that the work can be completed during daytime hours and one traffic lane can be closed temporarily within a hundred feet(+/-) of our drill rig during our drilling activities. If night work or additional days are required, the CONSULTANT will need to revise the fee presented. 7. Property Disturbance: The CONSULTANT will take reasonable efforts to reduce damage to the property. However, in the normal course of CONSULTANT'S work some disturbance could occur including rutting of the ground surface and damage to landscaping. The CONSULTANT will backfill borings with cement-bentonite grout upon completion. The material removed from the holes or material excavated from the holes will be removed and disposal will be performed per COUNTY requirements. Pavements will be patched with cold- mix asphalt and/or ready-mixed concrete, as appropriate. The CONSULTANT'S services do not include repair of the site beyond backfilling our boreholes and patching existing pavements. Excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, the CONSULTANT recommends boreholes to be periodically checked and backfilled, if necessary. . - AI I G ( ) 1. The CONSULTANT also proposes to perform four(4) SPT borings to a depth of 30 feet. (BPS-1 through BPS-4). Page 18 709 2. Boring Layout and Elevations: The CONSULTANT will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of±10 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. 3. Subsurface Exploration Procedures: The CONSULTANT will advance borings with a truck- mounted drill rig using drilling mud and casing. Five samples will be obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using the split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test(SPT). The samples will be placed in appropriate containers, taken to a soil laboratory for testing, and classified by a Geotechnical Engineer. In addition, the CONSULTANT will observe and record groundwater levels during drilling and sampling. 4. CONSULTANT'S exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation and include modifications based on observations and laboratory tests. F.3 REASONABLEASSURANCE ( A ) 1. The CONSULTANT also proposes to perform two (2) RAR borings to a depth of 150 feet. (RAR-1 and RAR-2) 2. Boring Layout and Elevations: The CONSULTANT will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of±10 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. 3. Subsurface Exploration Procedures: The CONSULTANT will advance borings with a truck- mounted drill rig using drilling mud and casing. Five samples will be obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using the split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test(SPT). The samples will be placed in appropriate containers, taken to a soil laboratory for testing, and classified by a Geotechnical Engineer. In addition, the CONSULTANT will observe and record groundwater levels during drilling and sampling. 4. The CONSULTANT'S exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling and the interpretation of subsurface conditions between samples. Final boring logs, prepared from Page 19 710 field logs, represent the Geotechnical Engineer's interpretation and include modifications based on observations and laboratory tests. 5. RAR Report: The purpose of this study is to complete a Reasonable Assurance Report(RAR) to support the stormwater drainage wells design and well permitting by the Florida Department of Environmental Protection (FDEP). FDEP requires that specific conditions be met prior to issuing a Class V, Group 6 stormwater drainage well permit, to ensure that water quality in the surficial aquifer or in surface water bodies is not adversely affected by vertical migration of dissolved solids and contaminants. Specifically, the following should be met for construction of the stormwater drainage wells: i. The well casing shall penetrate a zone containing a minimum of 10,000 mg/L Total Dissolved Solids (TDS); ii. The well casing is set deep into or below an aquitard (confining or semi-confining strata); and iii. Reasonable assurance that the buoyant stormwater discharge into a Class G-111 aquifer(TDS >10,000 mg/L) via the drainage well(s) has a minimum potential to i) rise into a preferential pathway in a Class G-11 aquifer system Underground Source of Drinking Water(USDW: TDS<10,000 mg/L), and ii) impact any surface water bodies in the vicinity of the project via groundwater discharge. 6. Injection Well System: The CONSULTANT will drill one SPT borings/well at each well location. The boring will be sampled continuously for the first 10 feet and in intervals of 5 feet thereafter to collect data regarding the subsurface conditions/geology. In addition, The CONSULTANT will collect water samples in connection with Total Dissolved Solids (TDS)testing. The water samples will be collected at 5-foot intervals from 45 to 135 feet at the discretion of the geotechnical engineer. Prior to collecting the water samples, the boring/well will be developed. In doing so, a quantity equal to twice the well volume will first be pumped before collecting the water sample. The groundwater samples will be collected in the appropriate new certified clean sample containers provided by the laboratory and transported under chain of custody procedures to an independent Laboratory. The groundwater samples will be analyzed for Total Dissolved Solids via EPA Method 160. 7. Property Disturbance:. The CONSULTANT will backfill borings with cement-bentonite grout upon completion. The material removed from the holes or material excavated from the holes will be removed and disposal will be performed per COUNTY requirements. Pavements will be patched with cold-mix asphalt and/or ready-mixed concrete, as appropriate. CONSULTANT'S services do not include repair of the site beyond backfilling boreholes and patching existing pavements. Excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, the CONSULTANT recommends boreholes to be periodically checked and backfilled, if necessary. The CONSULTANT can provide this service for additional fees at your request. Page 110 711 FA ENGINEERING AND REPORTING 1. Upon completion of the fieldwork, the CONSULTANT will prepare an engineering report which would include the results of a field and laboratory exploration. The report will describe, in detail, the methodology utilized for obtaining the data. Based upon the data obtained from the CONSULTANT'S 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. G. TASK 5: ENVIRONMENTAL G.1 ENVIRONMENTAL INVESTIGATIONS 1. The location of the pump station may be near or adjacent to wetland areas. The conceptual plans show a proposed area of the pump station at the intersection of Flagler Ave. and S. Roosevelt Blvd., which may have possible wetlands. The CONSULTANT will conduct an Environmental Investigation of the proposed pump station locations and as coordinated with the County. The CONSULTANT will delineate the limits of wetlands in the area to be disturbed by the proposed activities in accordance with the Florida wetland delineation method, "Delineation of the Landward Extent of Wetlands and Surface Waters" (Chapter 62-340, FAC). The limits of wetlands will be delineated in the field and marked with labeled field flagging and/or pin flags. These points will be documented with a handheld Global Positioning System (GPS) unit with sub-meter accuracy. Field observations will also be documented in field notes, field forms, and digital photographs. The CONSULTANT will identify and mark the wetland seasonal high-water line (SHWL) and normal pool elevations where these occur above the ground surface. The CONSULTANT will evaluate the existing wetlands using the Uniform Mitigation Assessment Method (UMAM). 2. The CONSULTANT will conduct a Threatened and Endangered (T&E) species survey of the project site including the viable locations of the pump station as referenced in the Conceptual Plans (in the vicinities of 1) Flagler Ave. and S. Roosevelt Blvd. and 2) Government Rd. and Linda Ave.)to determine if listed species or critical habitats are present. The survey will include a literature search and mapping effort to identify species potentially found on the site. Maps of previous sightings and the essential habitat of listed species will be developed. Distances from the project site to each feature will be calculated and compared to regulatory constraints. The scientists will also conduct direct investigations and observations of the project site. The site will be inspected by qualified scientists. The scientists will conduct a pedestrian visual survey of the site. Records will be made of wildlife observed, listed plant species found, evidence of wildlife utilization, and appropriate habitat for listed species. The locations of notable wildlife, plant, and habitat observations will be recorded using a sub-meter GPS. 3. The CONSULTANT will prepare and submit an Environmental Report describing the natural resources in the area and listed species observed within the project site. The report will also Page 111 712 contain maps of sightings as well as adjacent species occurrence in proximity to the project site. 4. 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. G.2 NATIONAL HISTORICAL PRESERVATION ACT COMPLIANCE: (if needed) 1. Color maps including topographical and aerial with the project location clearly marked. 2. Color photographs of any area with ground disturbance (electronic). 3. Indicate if project site is located within a designated historic district or historic neighborhood. 4. Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format)of the proposed construction areas and staging areas. The total impacted area should also be indicated on the map. 5. General description of the type of construction equipment that may be used during the proposed project's implementation and what activities it will facilitate. 6. Previous and current use of proposed project area. 7. Any known site work or historic uses for the proposed location. 8. Any available studies that may have taken place on the property. G.3 NEPA 8-STEP PROCESS 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. 2. The design will incorporate measures to mitigate and monitor adverse impacts, ensuring the project enhances the overall environmental resilience of the area, as needed. H. TASK 6: PERMITTING 1 PERMITTING AT PRELIMINARYSIG 1. 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 Biological Assessment needs for listed species. List of Required permits and agencies with jurisdiction may include the following: i. National Pollutant Discharge Elimination System (NPDES) Permit Page 12 713 ii. Environmental Resource Permit—South Florida Water Management District (SFWMD) iii. Construction/Clearance Permit Application for Class V Well/Florida Department of Environmental Protection iv. 404 Section Permit—US Army Corps of Engineers (if needed) v. Right of Way (ROW) Permit—SFWMD (if needed) vi. Fish and Wildlife/Army Corps of Engineers Permit(if needed) vii. Florida Keys National Marine Sanctuary viii. City of Key West Building Department Works (Pump Station requires Building Department Permit) ix. Monroe County Transportation and Public 2. The CONSULTANT will provide a list of regulatory agencies and required permits PRE-APPLICATION MI —6 % 1. 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. The CONSULTANT will record and prepare meeting minutes when not provided by the agency. PERMITA AG SUBMITTALS— °/0/1 % 1. The CONSULTANT will submit final permit application packages as defined by permit applications completed in Tasks 6. The CONSULTANT will submit the required permit applications and possible re-submittals with attachments and supporting data to the permitting agencies. ® , STRUCTURE & DRAINAGE DESIGN The CONSULTANT shall analyze and document Roadway, Structure & Drainage Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 1.1 % DRAINAGE ANALYSIS 1. The CONSULTANT will prepare a conceptual drainage plan to outline the potential location of drainage infrastructure, including injection wells, pumping stations. 2. The CONSULTANT shall analyze and document Drainage Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The drainage design tasks will include the following elements: 3. A gravity conveyance system will be provided throughout the project, based on estimated quantities provided as part of the COUNTY Vulnerability Study. Page 113 714 4. Pump stations and associated force mains will be provided at select locations within the project limits. The number of estimated pump stations is based on estimated quantities provided as part of the COUNTY Vulnerability Study. 5. Injection wells will be provided throughout the project, based on estimated quantities provided as part of the COUNTY Vulnerability Study. The existing ponding observed during the field review and/or documented by photographs provided by the COUNTY will be addressed with injection wells. The injection wells will be detailed in the plans. 6. CONSULTANT will determine the horizontal extent of underground utilities including water and sewer at the drainage conveyance system, at the pump station and the selected disposal system such as force main and injection wells. 7. CONSULTANT will review the proposed location of the conveyance drainage system and the selected disposal system such as force main and injection wells and will make an effort to avoid utility impacts. Due to the limited right-of-way, it is expected that utility conflicts will be unavoidable. 8. A detailed drainage approach inclusive of existing topography, existing utilities, proposed typical sections, proposed horizontal and vertical alignments, with locations of the proposed drainage improvements will be included in the 30% Design submittal. 1.2 STRUCTURES 1. A culvert exists along Flagler Avenue east of Venetian Drive that will likely be impacted by the project. 2. Depending on the roadway design along Flagler Avenue, the culvert will be evaluated for Load Rating in accordance with FDOT requirements if necessary. 3. Placement of utilities with attachments to the existing headwall will be investigated, or the use of free-standing utility bridges may also be considered as a potential solution. 4. The CONSULTANT shall prepare all construction documents for up to two (2) pump stations within the project limits. 5. 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. 6. 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. 1.3 HYDROLOGICY A LI L 1. 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. 2. The CONSULTANT will prepare a preliminary existing and proposed conditions stormwater model to address regulatory and grant requirements for the site. The CONSULTANT will create a (pre and/or post condition)working drainage basin map to be used in defining the system hydrology. This map shall incorporate drainage basin boundaries, existing survey and/or LiDAR and field observations, as necessary, to define the system. Basin delineations shall also Page 114 715 include any existing collection systems in a logical manner to aid in the development of the hydraulic model. 3. The H&H study shall contain at least 3 scenarios as mutually agreed with the COUNTY, where one represents the level of protection; under each scenario, the study must identify the losses before and after mitigation (structural, content, displacement, road closure duration, or any other needed to show the improvements after the mitigation project is implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. 1. % ROADWAY SUBMITTAL 1. Typical Section Design i. The CONSULTANT shall prepare the Typical Sections based on the corresponding design criteria. Coordination will be conducted with the County for review and approval of Typical Sections. 2. Pavement Design Package i. The CONSULTANT shall provide an approved Pavement Design Package for the entire neighborhood. This effort includes estimation of Equivalent Single Axle Load (ESAL) value if traffic data is available and review of pavement coring data through coordination with the geotechnical engineer. 3. HorizontalNertical Master Design Files i. The CONSULTANT shall design the geometrics using the latest version of the FDOT 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. 4. Cross Section Design Files i. The CONSULTANT shall establish and develop cross section design files in accordance with CADD standards acceptable to the COUNTY. 5. Traffic Control Analysis i. 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 Page 115 716 times. The design shall include construction phasing of roadways to accommodate the construction or relocation of utilities. ii. The CONSULTANT shall investigate the need for temporary traffic signals or signs, temporary lighting, and alternate detour roads in the analysis. The Traffic Control Plan shall be prepared by a certified designer who has completed training as required by FDOT and COUNTY. Before proceeding with the Traffic Control Plan, the CONSULTANT shall meet with the appropriate COUNTY personnel. The purpose of this meeting is to provide information to the CONSULTANT that will better coordinate the Preliminary and Final Traffic Control Plan efforts. iii. 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 and coordinated with the FDOT as applicable. Diligence shall be used to minimize negative impacts by appropriate specifications, recommendations or plans development. Local impacts to consider will be local events, holidays, peak seasons, detour route deterioration and other eventualities. 1. % ROADWAY STRUCTURE & DRAINAGESUBMITTAL 1. The CONSULTANT shall prepare Roadway and Drainage plans, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. i. Title Sheet ii. Key Sheet with street names and page numbers iii. Project Overview\Alignment Diagram iv. Summary of Pay Items Including Quantity Input v. Typical Section Sheets vi. General Notes/Pay Item Notes vii. Summary of Quantities Sheets viii. Project Layout ix. Storm Sewer Sheets x. Plan/Profile Sheet A. Profile Sheet xii. Plan Sheet xiii. Special Details including up to 80 details for ADA replacement curb ramp replacement. xiv. Cross Sections xv. Temporary Traffic Control Plans (up to 3 stages per signal) 1. Flagler&AIA (monotube) 2. Flagler& Kennedy Drive (span wire) 3. Flagler& 5th Street(span wire) 4. Flagler& 1 st Street\Bertha Street(span wire) xvi. Temporary Traffic Control Details Page 16 717 xvii. Project Control Sheets xviii. Utility Verification Sheets (SUE) xix. Summary of Drainage Structures xx. Site Plan with proposed drainage element locations xxi. Pump Station general notes xxii. Pump Station Mechanical Plan Sheet xxiii. Wet Well Plan, Sections and Details xxiv. Junction Box plan and details xxv. Trash Rack plan and details xxvi. Pollution Treatment Unit plan and details xxvii. Dissipator Structure Plan and details xxviii. Electrical service (lightning protection) xxix. Forcemain/ Injection Well xxx. Erosion Control Plan Sheet(s) 2. Quality Assurance/Quality Control 1.6 % ROADWAY STRUCTURE & DRAINAGESUBMITTAL 1. Construction plans shall be in accordance with FDOT Plans Preparation Manual 2. The CONSULTANT will incorporate COUNTY comments from the 60%submittal and prepare the 90%plans, Special Provisions, technical specifications, Developmental Specifications (as necessary), Supplemental Specifications (as applicable), Standard Specifications, and costing for permitting submittal. J. TASK 8: PUBLIC INVOLVEMENT 1. 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. 2. The Public Involvement effort includes conducting two (2) hybrid Public Information Workshops to be held at a mutually agreed upon location in Key West, FL. 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. 3. 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. 4. The CONSULTANT will create a sign in sheet with resident email addresses, phone numbers, home addresses, etc. for all future correspondence. The CONSULTANT will summarize all Page 117 718 comments made during or after the meeting and responses to those comments for future correspondence. 5. The CONSULTANT will attend the meetings with an appropriate number of personnel to assist the COUNTY'S Project Manager. K. TASK 9: UTILITIES 1. 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. .1 IDENTIFY EXISTING UTILITY AGENCY OWNER( ) 1. The Consultant shall identify all utilities within, and adjacent to, the project limits that may be impacted by the project. Coordination with Florida Keys Aquaduct Authority (FKAA)on any planned water upgrades for the community, Keys Energy Services on power requirements for the pump station, and City of Key West Utility Department for any planned sewer upgrades for the community to get buy in by them for design early on to avoid impacts. K.2 MAKEUTILITY CONTACTS 1. First Contact: The CONSULTANT shall send letters and a set of plans to each utility. Includes contact by phone for meeting coordination. 2. 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. 3. Not all projects will have all contacts as described above. . FIELD REVIEWS 1. The CONSULTANT shall have access to the project site as required to obtain necessary data for all elements of the project. KA COLLECT& REVIEW PLANS AND DATA FRQMjAO(s) 1. The CONSULTANT shall review utility marked plans and data (Red, Green, Blue (RGBs) 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. K.5 REVIEW UTILITY MARKUPS &AGREEMENTS 1. The CONSULTANT shall review utility marked-up plans (RGBs) 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. .6 UTILITY COORDINATION/FOLLOW-UP 1. 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 Page 118 719 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. L. TASK 10: PROJECT CONTROLS L.1 OPINIONS OF PROBABLECOST: 1. 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. L.2 CONSTRUCTIONI CAT: 1. The CONSULTANT is responsible for producing a proposed construction schedule based on quantities and documented construction rates for the Monroe County area. L.3 QUANTITIES 1. The CONSULTANT shall develop accurate quantities and the supporting documentation, including construction days when required. 2. The CONSULTANT shall prepare Summary of Pay Items Including Quantity Input 3. Summary of Drainage Structures LA TECHNICAL SPECIAL PROVISIONS: 1. The Consultant shall provide Drawings and applicable Technical Specifications for the County's review. The specifications will conform to the most recent version of Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook) standards. 2. 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. 3. The Technical Special Provisions shall provide a description of work, materials, equipment and specific requirements, method of measurement and basis of payment. L.5 FIELDVI W : 1. The CONSULTANT shall have access to the project site as required to obtain necessary data for all elements of the project. L.6 QUALITY ASSURANCEQUALITY CONTROL: 1. 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. Page 119 720 M. TASK 11: BIDDING AND AWARD OF CONTRACT 1. 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. 2. CONSULTANT will provide the following services to assist Monroe County for the procurement of a contractor for the construction of the project: i. Assist with a Request for Proposal Package for Monroe County review which will include the 100%Construction documents completed by CONSULTANT ii. 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. N. TASK 12: GRANT SUPPORT SERVICES 1 DIVISION OF EMERGENCYMANAGEMENT GRANT 1. The CONSULTANT shall execute the project in accordance with the Hazard Mitigation Grant Program application requirements and supporting documentation will be provided for approval by the Florida Division of Emergency Management(Division) and FEMA. 2. The CONSULTANT will submit the following documents with sufficient supporting documentation. i. Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and Hydraulic (H&H) Studies. ii. Construction Plans/bid documents developed as part of Task 7. iii. Bid-phase Opinion of Probable Construction Cost developed as part of Task 10. iv. Color maps including topographical, aerial, and ground disturbance. v. General description of the type of construction equipment that may be used during the proposed project's implementation and what activities it will facilitate. vi. Color photographs of the project area and areas of ground disturbance. vii. Copy of environmental permits or applications. viii. Copy of USACE or FDEP Section 404 permit or No Permit Required notification from the appropriate permitting agency. ix. Copy of the floodplain permit or notification of No Permit Required from the local floodplain administrator. x. A letter from the professional of record stating if the project will have any upstream or downstream impacts. A. A Benefit-Cost Analysis (BCA) using developed technical data and study results based on the inputs and outputs of the design. No assumptions or historical damage will be utilized in the calculation of the BCA. Page 120 721 DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPORT 1. The CONSULTANT will submit the following documents with sufficient supporting documentation. i. SLIP study report, if applicable, pursuant to the relevant Florida Statute and Florida Administrative Code to be provided to the COUNTY in suitable time to allow the COUNTY to be approved and published by FDEP at least 30 days prior to construction beginning. ii. Construction Plans/bid documents developed as part of Task 7. iii. Bid-phase Opinion of Probable Construction Cost developed as part of Task 10. iv. Copy of environmental permits or applications. v. Copy of USACE or FDEP Section 404 permit or No Permit Required notification from the appropriate permitting agency. vi. Copy of the floodplain permit or notification of No Permit Required from the local floodplain administrator. 0. PROJECT SCHEDULE 1. The following items of work will be completed and submitted to the MONROE COUNTY by the indicated dates, if CONSULTANT has received the Notice to Proceed by December 6, 2024. Task I Milestone Task Date DESIGN DEVELOPMENT PHASE Initial Project Review December 2024 Project Kick-Off January 2025 3 LIDAR Survey Data by the County January 2025 3 Supplemental Topo& Utility Survey Spring 2025 7 30%Plan Review(30%Drainage& Roadway Design) June 1, 2025 8 PIM#1 July 2025 5 NEPA Environmental Document(If Required) July 2025 7 Hydraulics& Hydrology Study(Final) August 2025 3 Right-of-Way Research and Location Mapping Sept 2025 7 Preliminary Road Plan (60%Drainage& Roadway October 2025 Design) (DD) 6 Pre-Application Permitting Work October 2025 CONSTRUCTION DOCUMENT PHASE(HMGP PHASE 1) 8 PIM#2 October 2025 9 Utility Submittal (Plans Ready for Identification of Utility December 2025 Conflicts) 7 60%Permit Application February 2026 7 Pre-final Road Plans (90%Design Plans) (CD) March 2026 Page 21 722 Task Milestone Task Date 6 Final Permits May 2026 12 FDEM/FEMA Submittal (Grant Compliance) May 2026 7 Final PS&E (100%) June 2026 11 LET Fall 2026 Construction Late 2026/2027 P. SERVICESIIN FORMATION PROVIDED BY MONROE COUNTY 1. Monroe County LIDAR Data 2. Traffic data for use in Pavement Design 3. Real Estate Services 4. Prior NEPA Documentation 5. Traffic Signal and Lighting Design Record plans from City of Key West 6. Record Plans for Flagler Avenue Q. ADDITIONAL SERVICES NOT INCLUDED IN CONTRACT 1. No work is planned for the permanent traffic signals or roadway lighting along the corridor. 2. Right-of-Way mapping, easements, and/or agreement for acquisition of properties is not included. 3. The COUNTY will acquire all real estate needed for the project. 4. Additional NEPA requirements above and beyond what is specified in Section G.3. 5. Private utility locations required on privately owned lands. 6. Double Ring Infiltrometer Testing. 7. Geotechnical exploration at night. 8. Construction Phase Engineering Services. is= Page 22 G R E F 723 ATTACHMENT B COST PROPOSAL 38 724 § : - a § - k � & « z _ - - « � o Lzu a � § § k ) \- - R . z 2 LU / \\ § � a \ ol �o. - � . LU 2 LL : ¥ w 0 ml § t � 0 � W � � o ( I ) \\ k § - ---- / m 3 e ) f\ l\�} w w g : _ § /\M- z - ® 2y§:))_ke)(\\\}/ !_}§± / ;,la; ® o z o 2 : \�(�k LU - : \ : \: LU k § / { z 8 / ------- ) § z 2 yyyyyy!!ly222222 -99999! -M, ! 725 Land Surveyors and Mappers HADONNE Land Development Consultants Subsurface Utility Designates PROPOSAL / AGREEMENT November 14, 2024 SENT VIA: nelson.ortiz@graef-usa.com SUBMITTED TO: Nelson H. Ortiz, P.E. GRAEF 9200 South Dadeland Blvd., Suite 230 Miami, FL 33156 ABOUT: Surveying Services for the project known as ""Monroe County Flagler Ave (Key West) Road Resiliency and Adaptation Project Design and Permitting Project", located in Monroe County, Florida. Dear Mr Ortiz: Pursuant to your request regarding a fee estimate for surveying and mapping services for the above referenced project. HADONNE (HQ is pleased to submit the following proposal for your consideration: DELIVERABLES: Up to four signed and sealed copies of the resulting Map of Survey together with a PDF Digitally Signed and DWG Cad file. SCHEDULE OF FEES: The fee to complete this project shall as follows: Task Description Sub-Total 1) Survey Work $141,295.19 2) SUE VVH 50 Test Holes $82,561.78 3) SUE Utility Designate $12,480.04 4) Hotel Stay and per diem $28,041.00 Total: $ 264,378.01 TIME OF COMPLETION: We have estimated Two calendar months to submit a preliminary survey and three weeks for the final submittal. PROJECT AREA, LENGTH, SIZE AND LOCATION: See attached (Exhibit""A"). By signing below, I APPROVE AND ACCEPT this letter as a legal contract and read and agree to the payment terms as set forth above. By: Title: (Authorized Signature) Date: (Typed or printed name) I thank you for this opportunity to present this proposal for your consideration and look forward to your favorable response. In the interim, if there is anything, we can do to be of service in this or any other matter, please do not hesitate to call me directly at +1(305) 266-1188. Respectfully, Abraham Hadad, PSM President HADONNE 1 1985 NW 88t'Court-Suite 101 -Doral,FL.33172-P:+1(305)266-1188-F:+1(305)207-6845-www.hadonne.com-LB7097 1 /4 726 Prop_keywest Flag ler Avenue_Topo_11-13-2024.docx RIGHT-OF-WAY RESEARCH AND LOCATION THE CONSULTANT will compile a parcel map of the properties adjacent to the survey. 1. Monroe county property records will be searched to obtain the plats of the parcels adjacent to the survey. i. A title search is not included. 2. The plats will be redrafted in AutoCAD Civil 3D. 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. 3. 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 LIDAR SURVEY 1. The CONSULTANT will conduct a 3-dimensional survey using LiDAR technology to model the existing conditions of the project and location. This 3-dimensional survey will consist of the following tasks: 2. The CONSULTANT Dimensional Modeling team leader will conduct a site visit for reconnaissance purposes to familiarize himself with the site, determine Primary Control, Target Control, and Scan Position locations. 3. The CONSULTANT survey crew will set up a Primary Control Network surrounding the project site. Horizontal and Vertical coordinates will be established on these points based on a coordinate system/datum. This Primary Control Network will be used as the basis of all additional surveying activities on the project site. 4. The CONSULTANT survey crew will set up a Target Control Network based on the Primary Control Network to be used during the scanning process. This Target Control Network will be used to register, or""stitch", multiple scan positions together to build one complete 3-dimensional point cloud model that is spatially correct between each scan position. 5. The CONSULTANT survey crew will perform approximately 500 scan positions in total encompassing the project site. 6. LiDAR technology relies on online sight access to acquire the area(s) of interest. Often these areas of interest have obstacles in the way preventing complete line of sight access. 40% shadowing can be expected. 7. Once all Primary Control, Target Control, and Scan Positions have been completed, the HADONNE Dimensional Modeling team leader will perform an assessment on the point cloud data. This assessment will include registering ""stitching"each scan position together, validating scan position alignment, scan position to survey control alignment, image alignment, point cloud density and random uncertainty (noise). 8. After successful assessment of the registered point cloud, modeling will be performed extracting relevant data from this point cloud, which is needed for design purposes, producing an AutoCAD DWG. TOPOGRAPHIC SURVEY 1. Perform a full Topographic Survey of the corridor as defined above. 2. Cross sections of the roadway will be surveyed using conventional methods. HADONNE 11985 NW 88'"Court-Suite 101 -Doral,FL.33172-P:+1(305)266-1188-F:+1(305)207-6845-www.hadonne.com-LB7097 2/4 727 Prop_keywest Flag ler Avenue_Topo_11-13-2024.docx 3. 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. 4. THE CONSULTANT will attempt to collect features twenty-five feet beyond the right of way at the private properties and seventy-five feet beyond the right of way at each roadway/driveway. However, if fences, walls, mangroves, swamps, forested areas, thick vegetation, or homeowners prevent access, the survey will terminate right-of-way. 5. THE CONSULTANT will attempt collect all above ground features within the survey limits, however; structures covered by dumpsters, stored materials, or covered by other obstructions that prevent access will not be included in the deliverables. QUALITY LEVEL B SUBSURFANCE UTILTIY INVESTIGATION 1. 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. QUALITY LEVEL A UTILITY SOFT DIGS 1. Once the Level A locations have been provided the locations will be marked in the field. 2. Quality Level B designation will be completed at each location prior to digging. 3. Excavate using vacuum/air pressure or hand digging to avoid damaging any utilities. 4. Install a marker over the utility and determine the elevation of the marker and the top of the utility. 5. The hole will be backfilled with the material that was removed from the hole. 50 Test Holes are assumed for scoping purposes. HADONNE 11985 NW 88'"Court•Suite 101 •Doral,FL.33172•P:+1(305)266-1188•F:+1(305)207-6845•www.hadonne.com•LB7097 3/4 728 0) N o CN Co LL i I nor„ �� uuuuuu ' � r l � , w AP,'o�a�hW✓r r�mp nr�J r r�° I ! / � p✓ r ar dlGl/r h, CI ;�: nia ro ! f Y 1 trUN`i V 00 j� jk. r �a �✓Y�NHr Ni ,�r , N' ca N00 co O /�►/ f / l � Pry,✓i�/i a ar/ C) V r 7 ` f r co rrv1 i u O LIM M LL �f I uuuuuuuuuuuuuuquiouuuuuuuuuuuuuuuuuuuuuuuuuuuuuu� �/� �� I,,� �k '( vuuuuuuu� y u.vvvvvvvvvvvvvvvl �Ilf�r% I uu u(i 0 l � p rr Ny➢✓ rn w ngg)rmrirnsm,,..Wrracon 16200 NW 591" Avenue, Suite 106 Miami Lakes, Florida 33014 P (305) 820-1997 Teulr°ulr°acoin coini"i November 11, 2024 Graef 9200 South Dadeland Boulevard, Suite 230 Miami, Florida 33156 Attn: Nelson Ortiz, P.E. - Office Leader / Principal P: (786) 814-1453 E: nelson.ortiz@graef-usa.com RE: Proposal for Geotechnical Engineering Services Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue Flagler Avenue between Bertha Street and A1A Jimmy Buffet Memorial Highway Key West, Monroe County, Florida Terracon Proposal No. P34245089 Dear Mr. Ortiz: We appreciate the opportunity to submit this proposal to Graef to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location Exhibit E1 to E6 Anticipated Exploration Plan Our base fee to perform the Scope of Services described in this proposal is presented in Exhibit C. Exhibit C includes details of our fees and consideration of additional services as well as a general breakdown of our anticipated schedule. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Agreement for Services to our office. Sincerely, Te ulr°ulr°a co in ' , L Nicholas Mata, P.E. Hugo E. Soto, P.E. Senior Engineer Principal uuila,;,rr II II ill Orr:;uunumuatunt�:aW II Geotechnical I IIV"bt:ruzds 730 iN�s ��oia.fer � �� Reference Number:P34245089 AGREEMENT FOR SERVICES This AGREEMENT is between Graef USA Inc("Client")and Terracon Consultants, Inc. ("Consultant")for Services to be provided by Consultant for Client on the Flagler Avenue Key West project ("Project"), as described in Consultant's Proposal dated 11/05/2024 ("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters,terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement,the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal,state,or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement,subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $60,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts,errors,or omissions. In the event such claims, losses,damages,or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s)or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i)workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($2,000,000 occ/$4,000,000 agg); (iii)automobile liability insurance ($2,000,000 B.I. and P.D. combined single limit); (iv) umbrella liability ($5,000,000 occ/ agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Page 1 of 2 Rev. 11-22 731 iN�s ��oia.fer � �� Reference Number:P34245089 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations,and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce-not eliminate-project risk. Client shall cause all tests and inspections of the site, materials,and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work,or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities,when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others,any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials("Affected Materials")at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service,or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre-task planning and risk assessment processes. PURSUANT TO SECTION 558.0035 OF FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE. Consultant: Terracon Consultants, Inc. Client: Graef USA Inc By: % ;, - Date: 11/11/2024 By: Date: Name/Title: Hugo E Soto/ Manager Regional Services Name/Title: Nelson H Ortiz/ Address: 3347 NW 55th St Address: 9200 South Dadeland Blvd Suite 230 Ft Lauderdale, FL 33309-6306 Miami, FL 33156 Phone: (954) 741-8282 Fax: (954) 741-8240 Phone: (305) 378-5555 Fax: Email: Hugo.Soto@terracon.com Email: nelson.ortiz@graef-usa.com Page 2 of 2 Rev. 11-22 732 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Exhibit A - Project Understanding Our Scope of Services is based on our understanding of the project as described by Graef and the expected subsurface conditions as described below. We have not visited the project site to confirm the information provided. Aspects of the project, undefined or assumed, are highlighted as shown below. We request Graef and/or the design team verify all information prior to our initiation of field exploration activities. Planned Construction Item Description The following information has been provided: Information Conceptual Site Plans Provided 0Additional information was provided in email correspondence between Terracon and Nelson Ortiz with Graef. The project consists of the following: Roadway improvement along Flagler Avenue between Project Description Bertha Street and A1A Jimmy Buffet Memorial Highway Two new pump stations along Flagler Avenue Two deep injection wells Finished Floor Not provided; boring depths have assumed that finished floor is Elevation not more than two feet below existing grade Site Location and Anticipated Conditions Item I Description The project is located at Flagler Avenue between Bertha Street Parcel and A1A Jimmy Buffet Memorial Highway in Key West, Monroe Information County, Florida. The location of the two pump stations and two deep injection wells have not been finalized. Existing Existing roadway Improvements Current Ground Asphalt Pavement Cover Existing The area along Flagler Avenue appears relatively level Topography uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 733 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Site Access We expect the site, and all exploration locations, are accessible with our truck-mounted drilling equipment and support vehicles. Expected Our experience near the vicinity of the proposed improvements Subsurface indicates subsurface conditions consist of pavement underlain by Conditions surficial fills, fine sand, and by the limestone formation. uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 734 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Exhibit B - Scope of Services Our proposed Scope of Services consists of three scopes of work. Each of the three scopes of work includes field exploration, laboratory testing, and engineering/project delivery. Each of the three scopes of work includes optional services. These services are described in the following sections. Roadway Soil Survey AlongI I r Avenue Field Exploration Graef requested the following boring locations and depths: Number of Planned Depth Below Existing 7 Planned Location Tests Grade 22 Soil Borings 0 ft to 6 ft Along Flagler Avenue Soil Boring B-1 through B-22 11 DCP Tests 9 inches to 18 inches Along Flagler Avenue 1. The planned boring locations are shown on the attached Exploration Plan. Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of ±10 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. We can alternatively coordinate with your Project Surveyor to include locations and surface elevations in project information if so requested. Subsurface Exploration Procedures: We will advance borings with a truck-mounted drill rig using drilling mud and casing. Three samples will be obtained in the upper 6 feet of each boring. Soil sampling is typically performed using the split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test (SPT). The samples will be placed in appropriate containers, taken to our soil laboratory for testing, and classified by a Geotechnical Engineer. In addition, we will observe and record groundwater levels during drilling and sampling. Terracon will perform Dynamic Cone Penetration (DCP) test in general accordance with ASTM D6951 - Standard Test Method for Use of Dynamic Cone Penetrometer in Shallow Pavement Applications from a depth of 9 inches to 18 inches below existing grade. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 735 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation and include modifications based on observations and laboratory tests. Traffic Control: We have included an estimated budget for subcontracting traffic control services during our drilling activities, which is anticipated to take three days. The subcontracted traffic control services include: ® MOT Permitting ® MOT Plans ® MOT setup The fee presented assumes that the work can be completed during daytime hours and one traffic lane can be closed temporarily within a hundred feet (+/-) of our drill rig during our drilling activities. If night work or additional days are required, we will need to revise the fee presented. Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur including rutting of the ground surface and damage to landscaping. We will backfill borings with cement-bentonite grout upon completion. Pavements will be patched with cold-mix asphalt and/or ready-mixed concrete, as appropriate. Our services do not include repair of the site beyond backfilling our boreholes and patching existing pavements. Excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service for additional fees at your request. Additional Services Private Utility Locate: Terracon has not included in our scope the coordinating and subcontracting of a private utility locating services. Fees associated with the additional services are included as optional in our current scope of services. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities. uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 736 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 StationsTwo Pump Field Exploration Graef requested the following boring locations and depths: Number of Planned Depth Below 7 Planned Location Tests Existing Grade Two Soil Borings at each Pump 4 Soil Borings 30 ft Station Soil Boring BPS-1 through BPS-4 1. The planned locations of the pump stations are not finalized at this time. Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of ±10 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. We can alternatively coordinate with your Project Surveyor to include locations and surface elevations in project information if so requested. Subsurface Exploration Procedures: We will advance borings with a truck-mounted drill rig using drilling mud and casing. Five samples will be obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using the split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test (SPT). The samples will be placed in appropriate containers, taken to our soil laboratory for testing, and classified by a Geotechnical Engineer. In addition, we will observe and record groundwater levels during drilling and sampling. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation and include modifications based on observations and laboratory tests. Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur including rutting of the ground surface and damage to landscaping. We will backfill borings with cement-bentonite grout upon completion. Pavements will be patched with cold-mix asphalt and/or ready-mixed concrete, as appropriate. Our services uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 737 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 do not include repair of the site beyond backfilling our boreholes and patching existing pavements. Excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service for additional fees at your request. Additional Services Private Utility Locate: Terracon has not included in our scope the coordinating and subcontracting of a private utility locating services. Fees associated with the additional services are included as optional in our current scope of services. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities. Double Ring Infiltrometer Services: Double Ring Infiltrometer (DRI) tests can be performed in general accordance with ASTM D-3385. ReasonablerReport Field Exploration Graef requested the following boring locations and depths: Number of Planned Depth Below Existing 7 Planned Location Tests Grade 2 Soil Borings 150 ft Deep Injection Well Locations Soil Boring RAR-1 and RAR-2 1. The planned locations of the wells are not finalized at this time. Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of ±10 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. We can alternatively coordinate with your Project Surveyor to include locations and surface elevations in project information if so requested. Subsurface Exploration Procedures: We will advance borings with a truck-mounted drill rig using drilling mud and casing. Five samples will be obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using the split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test (SPT). The samples will be placed in uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 738 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 appropriate containers, taken to our soil laboratory for testing, and classified by a Geotechnical Engineer. In addition, we will observe and record groundwater levels during drilling and sampling. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation and include modifications based on observations and laboratory tests. RAR Report: The purpose of this study is to complete a Reasonable Assurance Report (RAR) to support the stormwater drainage wells design and well permitting by the Florida Department of Environmental Protection (FDEP). FDEP requires that specific conditions be met prior to issuing a Class V, Group 6 stormwater drainage well permit, to ensure that water quality in the surficial aquifer or in surface water bodies is not adversely affected by vertical migration of dissolved solids and contaminants. Specifically, the following should be met for construction of the stormwater drainage wells: a) The well casing shall penetrate a zone containing a minimum of 10,000 mg/L Total Dissolved Solids (TDS); b) The well casing is set deep into or below an aquitard (confining or semi-confining strata); and c) Reasonable assurance that the buoyant stormwater discharge into a Class G-III aquifer (TDS >10,000 mg/L) via the drainage well(s) has a minimum potential to i) rise into a preferential pathway in a Class G-II aquifer system [Underground Source of Drinking Water (USDW: TDS<10,000 mg/L)], and ii) impact any surface water bodies in the vicinity of the project via groundwater discharge. Injection Well System: Terracon will drill one SPT borings/well at each well location provided by the project design team. The boring will be sampled continuously for the first 10 feet and in intervals of 5 feet thereafter to collect data regarding the subsurface conditions/geology. In addition, Terracon will collect water samples in connection with Total Dissolved Solids (TDS) testing. The water samples will be collected at 5-foot intervals from 45 to 135 feet at the discretion of the geotechnical engineer. Prior to collecting the water samples, the boring/well will be developed. In doing so, a quantity equal to twice the well volume will first be pumped before collecting the water sample. The groundwater samples will be collected in the appropriate new certified clean sample containers provided by the laboratory and transported under chain of custody procedures to an independent Laboratory. The groundwater samples will be analyzed for Total Dissolved Solids via EPA Method 160. uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 739 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur including rutting of the ground surface and damage to landscaping. We will backfill borings with cement-bentonite grout upon completion. Pavements will be patched with cold-mix asphalt and/or ready-mixed concrete, as appropriate. Our services do not include repair of the site beyond backfilling our boreholes and patching existing pavements. Excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service for additional fees at your request. Additional Services Private Utility Locate: Terracon has not included in our scope the coordinating and subcontracting of a private utility locating services. Fees associated with the additional services are included as optional in our current scope of services. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities. Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials observed while drilling will be noted on our logs. Exploration efforts require borings into the subsurface, therefore Terracon will comply with local regulations to request a utility location service through SSOCOF. We will consult with the landowner/client regarding potential utilities or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods as the safety of our field crew is a priority. Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. Terracon proposes to subcontract with a private utility locating service. Fees associated with this service are included as optional in our Scope of Services (See Exhibit CZ uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzdS 740 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the landowner/client of their responsibilities in identifying private underground utilities. Site Access: Terracon must be granted access to the site by the property owner. Without information to the contrary, we consider acceptance of this proposal as authorization to access the property for conducting field exploration in accordance with the Scope of Services. Our proposed fees do not include time to negotiate and coordinate access with landowners or tenants. Terracon will conduct field services during normal business hours (Monday through Friday between 7:OOam and 5:OOpm). If our exploration must take place over a weekend or at night, please contact us so we can adjust our schedule and fee. Laboratory Testing The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil strata. Exact types and number of tests cannot be defined until completion of fieldwork, but we anticipate the following laboratory testing may be performed: ® Material Fine than the No. 200 Sieve in general accordance with ASTM D1140 ® Moisture Content in general accordance with ASTM D2216 ® Organic Content in general accordance with ASTM D2974 ® Total Dissolved Solids via EPA Method 160 (RAR Report) Our laboratory testing program often includes examination of soil samples by an engineer. Based on the results of our field and laboratory programs, we will describe and classify soil samples in accordance with the Unified Soil Classification System (USCS). uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 741 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Engineering and Project Delivery The results of our field and laboratory programs will be evaluated, and a geotechnical engineering report will be prepared under the supervision of a licensed professional engineer. The geotechnical engineering report will provide the following for the three scopes presented. Roadway iil Survey AlongFla ler Avenue The geotechnical report will include the following: ® Boring logs with field and laboratory data ® Stratification based on visual soil classification ® Groundwater levels observed during and after the completion of drilling ® Site Location and Exploration Plans ® Subsurface exploration procedures ® Description of subsurface conditions ® Soil survey for roadway rehabilitation Two PumpStations The geotechnical report will include the following: ® Boring logs with field and laboratory data ® Stratification based on visual soil classification ® Groundwater levels observed during and after the completion of drilling ® Site Location and Exploration Plans ® Subsurface exploration procedures ® Description of subsurface conditions ® Subgrade preparation/earthwork recommendations ® Recommended foundation system(s) ® Allowable bearing capacity (if applicable) ® Anticipated settlement and differential settlement ® Subgrade modulus, friction angle, and unit weight of soil ® Lateral pressures for active, passive and at-rest conditions ® Coefficient of sliding friction ® Anticipated construction problems which may be encountered on site to install foundations ® Soil site class per the International Building Code (IBC) 2015 ® Calculation of lateral load-resisting capacity for deep foundation elements. ® Uplift capacity of deep foundation elements. ® Shear and moment curves due to lateral loads for deep foundation elements. ® P-Y curves for lateral loads for deep foundation elements. ® L-Pile data entry values for deep foundation elements. uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 742 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 ® Calculation of lateral load-resisting capacity for deep foundation elements. Reasonable Assurance Report ( ) The geotechnical report will include the following: ® Boring logs with field and laboratory data ® Stratification based on visual soil classification ® Groundwater levels observed during and after the completion of drilling ® Site Location and Exploration Plans ® Subsurface exploration procedures ® Description of subsurface conditions ® We will develop a report of current geologic conditions and provide recommendation for well depth casing that would be sufficient to restrict buoyancy from a class G-III aquifer into a Class G-II aquifer system - Reasonable Assurance Report (RAR). uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 743 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Exhibit C - Compensation and Project Schedule Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our base fees are shown in the following tables. A detailed fee estimate is presented in the attachments. Roadway oil Survey AlongFla ler Avenue Lump Sum Task Feel Subsurface Exploration, MOT Services, Laboratory Testing, $46,656 Geotechnical Consulting and Reporting Total $46,656 a., A detailed fee estimate is presented in the attachments Additional Services not part of the base fee include the following: Lump Sum Initial for Additional Services (see Exhibit B) Fee Authorization Yes/No Private Utility Locate Service - One Day 7 $4,914 1. If the owner/client is unable to accurately locate private utilities, we can subcontract a private utility locating firm and/or utilize geophysical equipment, if necessary. The detection of underground utilities is dependent upon the composition and construction of utility lines. Some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private locate service does not relieve the owner of their responsibilities in identifying private underground utilities. 2. A detailed fee estimate is presented in the attachments Our Scope of Services does not include services associated with site clearing, wet ground conditions, tree or shrub clearing, or repair of/damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 744 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Two PumpStations Lump Sum Task Feel Subsurface Exploration, Laboratory Testing, Geotechnical Consulting $20,995 and Reporting Total $20,995 2. A detailed fee estimate is presented in the attachments Additional Services not part of the base fee include the following: Lump Sum Initial for Additional Services (see Exhibit B) Fee Authorization Yes/No Private Utility Locate Service - One Day 7 $4,914 Double Ring Infiltrometer Testing - Two Tests $4,200 I. If the owner/client is unable to accurately locate private utilities, we can subcontract a private utility locating firm and/or utilize geophysical equipment, if necessary. The detection of underground utilities is dependent upon the composition and construction of utility lines. Some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private locate service does not relieve the owner of their responsibilities in identifying private underground utilities. 2. A detailed fee estimate is presented in the attachments Our Scope of Services does not include services associated with site clearing, wet ground conditions, tree or shrub clearing, or repair of/damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 745 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Reasonable Assurance Report ( ) Lump Sum Task Feel Subsurface Exploration, Laboratory Testing, Geotechnical Consulting $36,115 and Reporting Total $36,115 3. A detailed fee estimate is presented in the attachments Additional Services not part of the base fee include the following: Lump Sum Initial for Additional Services (see Exhibit B) Fee Authorization Yes/No Private Utility Locate Service - One Day 7 $4,914 I. If the owner/client is unable to accurately locate private utilities, we can subcontract a private utility locating firm and/or utilize geophysical equipment, if necessary. The detection of underground utilities is dependent upon the composition and construction of utility lines. Some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private locate service does not relieve the owner of their responsibilities in identifying private underground utilities. 2. A detailed fee estimate is presented in the attachments Our Scope of Services does not include services associated with site clearing, wet ground conditions, tree or shrub clearing, or repair of/damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. Combined co a of Services: Roadway Survey Along Fla er Avenue, Two Pump Cations, and Reasonable Assurance Report ( ) Lump Sum Task Feel Roadway Survey Along Flagler Avenue: Subsurface Exploration, $46,656 Laboratory Testing, Geotechnical Consulting and Reporting Two Pump Stations: Subsurface Exploration, Laboratory Testing, $20,995 Geotechnical Consulting and Reporting Reasonable Assurance Report: Subsurface Exploration, Laboratory $36,115 Testing, Geotechnical Consulting and Reporting Total $103,766 uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 746 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Additional Services not part of the base fee include the following: Lump Sum Initial for Additional Services (see Exhibit B) Fee 2 Authorization Yes/No Private Utility Locate Service - One Day 7 $4,914 Double Ring Infiltrometer Testing - Two Tests $4,200 I. If the owner/client is unable to accurately locate private utilities, we can subcontract a private utility locating firm and/or utilize geophysical equipment, if necessary. The detection of underground utilities is dependent upon the composition and construction of utility lines. Some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private locate service does not relieve the owner of their responsibilities in identifying private underground utilities. 2. A detailed fee estimate is presented in the attachments Our Scope of Services does not include services associated with site clearing, wet ground conditions, tree or shrub clearing, or repair of/damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. Payment Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field exploration beyond our control, such as weather conditions, delays resulting from utility clearance, permit delays, or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. uuuila�,;,rr II Il r hrNr�:;uu umu�;u +saW II Geotechnical II Ilafhat:ruzds 747 Proposal for Geotechnical Engineering Services erracon Monroe County Roadway Vulnerability Analysis and Capital Plan - Flagler Avenue I Key West, Monroe County, Florida November 11, 2024 1 Terracon Proposal No. P34245089 Roadway Soil Survey Along Fla ler Avenue Delivery on Client Portal Schedule (Working Days) Kickoff Call with Client 2 days Site Characterization 10 days Geotechnical Engineering 20 days Two Pump Stations Delivery on Client Portal! Schedule (Working Days) Kickoff Call with Client 2 days Site Characterization 10 days Geotechnical Engineering 20 days Reasonable Assurance Report ( ) Delivery on Client Portal Schedule (Working Days) Kickoff Call with Client 2 days Site Characterization 10 days Geotechnical Engineering 30 days uuuila,;,rr II Il r hrNr:;uu umu;u +saW II Geotechnical II Ilafhat:ruzds 748 d� ti M F IL 0 g 1� u LU i o > 0 a a a 43 0 M ° N 1� U h 1jf t'�N I/ w Y 0 w a i I w If a > Pfn O Q U/ U 01 � F LL Z 1 0 c U 0 a w m 0 .� w 0" � ra 0 o w m Lrl z 01 ro z 0 c _ Z •L Q m Q J � a Z 0 C W U/ c 0 C O F � i U U_ O •C � w4a q 6 Q csi 3 — cc i/ 6 ' w 0 O N Z Gl a o w N C7 K L 0 0 0 O L (n U � 0 Q 0 p K 0 , Q L O O a z z uj 0 Wi LO r U r a rr r'at�l ✓e � �� 1 1 m rim M tL 16. CJ g IJrrj� ��j�t��a y/wl/i f ��J//w'r'w �1,;n�i ��. y,' ✓. l� I, ��+ iw cn cn "i o U a® l I/r �f m01 co /. 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Q >Illi } ` M h' / p r /r 31k C0 OF r i n) w o / r w , a v / �/ i�r r► � 41tif�i r 1� �pppl�I I I�� u U mJIMILL l d / (%/1/ �, z 'Y u r uj Q / m If / 9 / / r1 Q >1 0 JIM o LC cl / // // t � r-jo / l cl� L U r Pf /' a L O 0 a 2: z //-, piro �mm r, ml Geotechnical Engineering Services-Fee Estimate (bra! " Monroe County Roadway Vulnerability Analysis and Capital Plan-FlaglerAvenue Flagler Avenue between Bertha Street and A1AJimmy Buffet Memorial Highway Key West,Monroe County,Florida ROADWAY SOIL SURVEY Terracon Proposal No.P34245086 07-Nov-24 DESCRIPTION OF TASK UNIT U O 8 UNIT RATE TOTAL Field Exploration,Laboratory Testing,and Reporting Services Task 1.Field Exploration Services Boring Layout Per Hour 16 $ 120.00 $ 1,920.00 Per diem&Hotel -Boring Layout(1 crew member for 1 nights) Per Day 1 $ 500.00 $ 500.00 Mileage-Boring Layout(170 miles each way,1 trip for boring layout) Miles 340 $ 0.60 $ 204.00 Underground Utility Clearance(One-call) Per Hour 4.0 $ 90.00 $ 360.00 Mobilization/Demobilization Truck Rig Equipment Each 1.0 $3,000.00 $ 3,000.00 Standard Penetration Test Boring(0'to 50'):22 borings to 6 ft Per I.ft. 132 $ 18.00 $ 2,376.00 Casing-SPT Soil Borings(0'-50'):22 borings to 6 ft Per I.ft. 132 $ 8.00 $ 1,056.00 Per diem&Hotel -Drilling(2 crew members for 4 nights) Per Day 8 $ 500.00 $ 4,000.00 Dynamic Cone Penetrometer Testing Each 11 $ 300.00 $ 3,300.00 Moving between borings(30 min per location) Per Hour 11 $ 300.00 $ 3,300.00 Subtotal-Task 1 $ 20,016.00 Task 2.ESTIMATED Fee for MOT Services MOT Set Up/3 Labor(up to 10 hours) Per Day 3 $2,220.00 $ 6,660.00 Mobilization Charge(Travel) Per Day 3 $ 300.00 $ 900.00 Construction Sign' Each 1 $ 0.78 $ 0.78 36"Traffic Cone-Rental Each 36 $ 0.60 $ 21.60 Arrow Board' Each 300 $ 30.00 $ 9,000.00 MOT Drawing Each 1 300 $ 300.00 Additional MOT(Maintenance of Traffic Drawing) Each 2 $ 180.00 $ 360.00 Permit Processing(Per Municipality,Labor Hrs) Each 1 1 $ 900.00 1 $ 900.00 Subtotal-Task 2 $ 18,142.38 Task 3.Laboratory Testing Services Moisture Content Each 22.0 $ 15.00 $ 330.00 Material Finer than the No.200 Sieve Each 22.0 $ 55.00 $ 1,210.00 Organic Content Each 22.0 $ 60.00 $ 1,320.00 Subtotal-Task 2 $ 2,860.00 Task 4.Geotechnical Engineering Services Principal Geotechnical Engineer Per Hour 4.0 $ 270.00 $ 1,080.00 Senior Engineer,PE(project coordination,select laboratory samples,review laboratory test results, analysis,report) Per Hour 12.0 $ 185.00 $ 2,220.00 Staff Engineer Per Hour 12.0 $ 135.00 $ 1,620.00 CADD Operator Per Hour 6.0 $ 75.00 $ 450.00 Administrative Assistant Per Hour 4.0 $ 67.00 $ 268.00 Subtotal-Task 3 $ 5,638.00 TOTAL-Tasks 1,29 3,and 4 $ 469666.38 Optional Services Private Utility Locate-Ground Penetrating Radar Per Day 1.0 $3,360.00 $ 3,360.00 Staff Engineer-Onsite with Private Locator Per Hour 10.0 $ 135.00 $ 1,350.00 Mileage-Private utility Locator(170 miles each way,1 trip) Miles 340 $ 0.60 $ 204.00 Subtotal $ 4,914.00 756 Geotechnical Engineering Services-Fee Estimate racn Monroe County Roadway Vulnerability Analysis and Capital Plan-Flagler Avenue Flagler Avenue between Bertha Street and A1A Jimmy Buffet Memorial Highway Key West,Monroe County,Florida TWO PUMP STATIONS Terracon Proposal No.P34245086 07-Nov-24 DESCRIPTION OF TASK UNIT U O 3 UNIT RATE TOTAL Field Exploration,Laboratory Testing,and Reporting Services Task 1.Field Exploration Services Boring Layout Per Hour 10 $ 120.00 $ 1,200.00 Mileage-Boring Layout(170 miles each way,1 trip for boring layout) Miles 340 $ 0.60 $ 204.00 Underground Utility Clearance(One-call) Per Hour 3.0 $ 90.00 $ 270.00 Mobilization/Demobilization Truck Rig Equipment Each 1.0 $3,000.00 $ 3,000.00 Standard Penetration Test Boring(0'to 50'):2 borings to 30 ft per Pump Station,Total 4 Per I.ft. 120 $ 18.00 $ 2,160.00 Casing-SPT Soil Borings(0'-50'):2 borings to 30 ft per Pump Station,Total 4 Per I.ft. 120 $ 8.00 $ 960.00 Closing holes with grout(0'-50'):2 borings to 30 ft per Pump Station,Total 4 Per I.ft. 120 $ 9.00 $ 1,080.00 Per diem&Hotel(2 crew members for 2 nights) Per Day 4 $ 500.00 $ 2,000.00 Double Ring Infiltrometer Testing-Two tests Her Hour 16 $ 200.00 $ 3,200.00 Per diem&Hotel(2 crew members for 1 nights) Per Day 2 $ 500.00 $ 1,000.00 Subtotal-Task 1 $ 15,074.00 Task 2.Laboratory Testing Services Moisture Content Each 8.0 $ 15.00 $ 120.00 Material Finer than the No.200 Sieve Each 8.0 $ 55.00 $ 440.00 Organic Content Each 8.0 $ 60.00 $ 480.00 Subtotal-Task 2 $ 1,040.00 Task 3.Geotechnical Engineering Services Principal Geotechnical Engineer Per Hour 4.0 $ 270.00 $ 1,080.00 Senior Engineer,PE(project coordination,select laboratory samples,review laboratory test results,analysis,report) Per Hour 12.0 $ 185.00 $ 2,220.00 Staff Engineer Per Hour 8.0 $ 135.00 $ 1,080.00 CADD Operator Per Hour 4.0 $ 75.00 $ 300.00 Administrative Assistant Per Hour 3.0 $ 67.00 $ 201.00 Subtotal-Task 3 $ 4,881.00 TOTAL-Tasks 1, 2, and 3 $ 20,995.00 Optional Services Private Utility Locate-Ground Penetrating Radar Per Day 1.0 $3,360.00 $ 3,360.00 Staff Engineer-Onsite with Private Locator Per Hour 10.0 $ 135.00 $ 1,350.00 Mileage-Private utility Locator(170 miles each way,1 trip) Miles 340 $ 0.60 $ 204.00 Double Ring Infiltrometer Testing-Two tests Her Hour 16 $ 200.00 $ 3,200.00 Per diem&Hotel for Double Ring Infiltrometer Testing(2 crew members for 1 nights) Per Day 2 $ 500.00 $ 1,000.00 Subtotal $ 9,114.00 757 J� rtma Geotechnical Engineering Services-Fee Estimate �rracon Monroe County Roadway Vulnerability Analysis and Capital Plan-Flagler Avenue Flagler Avenue between Bertha Street and A1A Jimmy Buffet Memorial Highway Key West,Monroe County,Florida REASONABLE ASSURANCE REPORT(RAR) Terracon Proposal No.P34245086 07-Nov-24 DESCRIPTION OF TASK UNIT U O 3 UNIT RATE TOTAL Field Exploration,Laboratory Testing,and Reporting Services Task 1.Field Exploration Services Boring Layout Per Hour 10 $ 120.00 $ 1,200.00 Mileage-Boring Layout(170 miles each way,1 trip for boring layout) Miles 340 $ 0.60 $ 204.00 Underground Utility Clearance(One-call) Per Hour 3.0 $ 90.00 $ 270.00 Mobilization/Demobilization Truck Rig Equipment Each 1.0 $3,000.00 $ 3,000.00 SPT Test Boring-Penetration Depth(0 to 50'):1 boring to 150 ft Foot 100 $18.00 $1,800.00 SPT Test Boring-Penetration Depth(50'to 100'):1 boring to 150 ft Foot 100 $20.00 $2,000.00 SPT Test Boring-Penetration Depth(100'to 150'):1 boring to 150 ft Foot 100 $22.00 $2,200.00 Casing-SPT Soil Borings(0'-50'):1 boring to 150 ft Per Lft. 100 $ 8.00 $ 800.00 Casing-SPT Soil Borings(50'-100'):1 boring to 150 ft Per Lft. 100 $ 9.00 $ 900.00 Casing-SPT Soil Borings(100'-150'):1 boring to 150 ft Per Lft. 100 $ 10.00 $ 1,000.00 Closing Holes with Grout(0'to 100') Foot 200 $7.00 $1,400.00 Closing Holes with Grout(100'to 150') Foot 100 $8.00 $800.00 Collecting Water Samples for RAR Each 36 $200.00 $7,200.00 Per diem&Hotel(2 crew members for 4 nights) Per Day 8 $ 500.00 $ 4,000.00 Subtotal-Task 1 $ 26,774.00 Task 2.Laboratory Testing Services Moisture Content Each 2.0 $ 15.00 $ 30.00 Material Finer than the No.200 Sieve Each 2.0 $ 55.00 $ 110.00 Organic Content Each 2.0 $ 60.00 $ 120.00 Total Dissolved Solids Per Test 36.0 $ 75.00 $ 2,700.00 Subtotal-Task 2 $ 2,960.00 Task 3.Geotechnical Engineering Services Principal Geotechnical Engineer Per Hour 4.0 $ 270.00 $ 1,080.00 results,analysis,report) Per Hour 15.0 $ 185.00 $ 2,775.00 Staff Engineer Per Hour 15.0 $ 135.00 $ 2,025.00 CADD Operator Per Hour 4.0 $ 75.00 $ 300.00 Administrative Assistant Per Hour 3.0 $ 67.00 $ 201.00 Subtotal-Task 3 $ 6,381.00 TOTAL-Tasks 1, 2, and 3 $ 36,115.00 Optional Subcontracted Services Private Utility Locate-Ground Penetrating Radar Per Day 1.0 $3,360.00 $ 3,360.00 Staff Engineer-Onsite with Private Locator Per Hour 10.0 $ 135.00 $ 1,350.00 Mileage-Private utility Locator(170 miles each way,1 trip) Miles 340 $ 0.60 $ 204.00 Subtotal $ 4,914.00 758 uuuuuuuuiuuuui°�»»»��rrriiirrrrrrriii � °°°°° 11111111 111111111111111 JJ»,iuul�((((d uuuuuuuiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiii I''' 1IIII, qtEN Monroe County Flagler Ave Road Resiliency and Adaptation Project KEY WEST, FL PRICE PROPOSAL I Southeastern Archaeological Research, ILILC PROPOSAL P24-0910 TERMS Price is valid for 90 days SUBMITTED 13 November 2024 Client approval required SUBMITTED TO Nelson Ortiz FROM Geoff DuChemin Office Leader, Principal Project Manager Graef Development Sector Leader 9200 South Dadeland Blvd. Suite 230 SEARCH Miami, FL 33156 Jacksonville, Florida nelson.ortiz@graef-usa.com geoff.duchemin@searchinc.com 305-378-5555 904-379-8338 SCOPE& PRICE $7,365 TASK 1: BACKGROUND RESEARCH and REPORT M Includes color maps of project location and footprint, proposed construction areas and staging areas, photographs of project area and areas with ground disturbance. M General description of the type of construction equipment that may be used during M Description of the proposed project's implementation and what activities it will facilitate. M Description of previous and current use of proposed project area. M List of any known site work or historic uses for the proposed location. M List of any available studies that may have taken place on the property. M Electronic report sent to client, hard copy to reviewing agency if requested $2,275 TASK 2: SITE VISIT M In-person observation of project area M Photo documentation of current conditions including disturbance M GPS coordinates of potential cultural features within or proximal to the project area M Includes 1 day for 1 archaeologist, plus day for travel M Includes lodging M Results will be included in Report(Task 1) $9,640 TOTAL PRICE* *Each task and the total based upon completion of all interrelated tasks as listed. PRICING & M Period of Performance is 12 months commencing on contract execution. PROJECT NOTES M This is a Lump Sum/Fixed Price contract and will be invoiced 100%upon desktop submittal M SEARCH's standard assumptions apply(attached). PROJECT- M Project area is 0.25 acres based on plans provided by the client SPECIFIC M No archaeological testing will be required ASSUMPTIONS M No artifact collection will be required M Fieldwork includes Crew of 2 for 1 field day and 1 travel day. M No cultural resources will be recorded M No cultural resource permits are required. M Electronic deliverables to Client within 30 days of executed contract. We appreciate your review and consideration of this proposal. Contact me directly with questions regarding this submission. On behalf of the SEARCH team,thank you for the opportunity to work with you. Sincerely, Geoff DuChemin, PhD, RPA Southeastern Archaeological Research, LLC tnrw r ea chinc com 759 SEARCH Proposal No. P24-0890 �llllll!l1U11111111U1�j 12 November 2024 1�12yU101n�� Attachment 1 : 2024 Standard Assumptions The price estimate and schedule for the Project is subject to the following Assumptions. In the event that any of these standard assumptions or project-specific assumptions noted within the proposal prove untrue or change,the Client will be notified and a modification to the Project will be required. 1.0 MANAGEMENT 1.1 Changes There will be no changes to the Project area,scope of services,schedule,travel,or the sequencing of tasks. 1.2 Delays There will be no delays because of circumstances beyond the control of SEARCH,such as inclement weather,government shutdowns, national or local emergencies,travel cancelations, pandemics,strikes,or protests. 1.3 Data Quality Project data delivered to SEARCH will be accurate,timely,organized,and will not require conversion,correction,or the purchase of new software or equipment. 2.0 HEALTH,SAFETY,AND ENVIRONMENT 2.1 Notification The Client will immediately notify SEARCH of any known hazardous conditions on the Project and provide any applicable site-specific safety training. 2.2 Stop Work SEARCH may suspend, redirect, or terminate work if a hazardous condition exists, up to and Authority including dangerous heat (consistent with SEARCH's Heat Safety Policy), contamination in the soils in and around the project work site,crop dusting,wildfire smoke,sea state,and surf zones, etc. 2.3 Specialized No special safety equipment,certification,personal protective equipment(PPE),or training is Requirements required. 2.4 Productivity Crew productivity and worksite access will not be impacted by extreme or abnormal weather Impacts conditions,unanticipated long walking distance to project site,difficult or hazardous terrain,or access road closures. 2.5 Site Access There are no specialized vehicle requirements, lighting, placarding,or branding required to drive on-site. Any site access issues were revealed in the RFP or pre-bid deliverables. 2.6 Support Vehicle Staff will be able to stay within a safe proximity to a vehicle for emergency support. 2.7 UXO There is no Unexploded Ordnance(UXO),nor a risk of UXO on the Project,and SEARCH will not be responsible for conducting a UXO detection survey. For sites with UXO potential,the client will provide a qualified UXO tech as an escort,with credentialing and proof of qualification available upon request. 2.8 Hazardous There is no risk of discovering or coming into contact with any hazardous chemicals or Chemicals/Waste hazardous waste. 2.9 Hunting/Shooting There is no hunting, illicit hunting,or shooting on or adjacent to the Project. 2.10 Illegal Activity There is no illegal activity on or adjacent to the Project. 2.11 Opposition There are no hostile persons,opposition groups,landowners,or neighbors that will engage or threaten SEARCH on the Project, including after work hours. 2.12 Security Site security, protective services,or police officers will not be required. 2.13 Emergency SEARCH personnel will have ready access to public or private emergency care services without Response the use of an airlift or sealift. 2.14 Force Majeure Force Majeure events will not impact the job or the Health and Safety of SEARCH employees to an extent that SEARCH will not be able to fulfill project requirements. 2.15 Pandemics Regulations, restrictions,advisories, protocols,or best practices issued by the government, client, landowner,or project stakeholder will not affect the project schedule,travel,or team assignments. 3.0 FIELD 3.1 Access The Client will secure landowner and/or land manager permission for SEARCH to access the Project and will supply SEARCH with the authorization in advance of fieldwork. 3.2 Keys/Codes The Client will provide gate keys and security codes to access the Project in advance of fieldwork. 3.3 Ingress/Egress There will be proximate and direct ingress and egress to the Project. 3.4 Sequential SEARCH will receive sequential access to the Project. Access 3.5 Accessibility The Project will be accessible and will not require clearing of heavy vegetation,crossing of water bodies, use of equipment other than hand shovels,or have other access obstacles. 3.6 Known Data The Client will provide SEARCH with knowledge of rumored,suspected,or unrecorded cultural resources and/or historical events that are known to the Client to be on,adjacent to,or relevant to the Project. SILI AIRCII I IPIIR0IPOSAII.. 2 760 SEARCH Proposal No. P24-0890 �llllll!l1U11111111U1�j 12 November 2024 1�1yU101n�� 2024 Standard Assumptions (cont.) 3.7 Buried Utilities Buried utilities, if present,will be clearly marked by the Client prior to fieldwork;SEARCH will not be required to coordinate with buried utility location contractors except for Department of Transportation projects,when applicable. 3.8 Deep Testing Unless otherwise stated in the RFP and proposal,no deep testing or trenching will be conducted. 3.9 Delineation Delineation of archaeological sites will comprise no more than 5%of the fieldwork and will not extend outside the Project boundaries. 3.10 Field The level of effort, number of cultural resources,and artifact quantities proposed will not be Expectations exceeded. 3.11 Artifacts The artifacts and samples can be inventoried, processed,analyzed,and reported within the allotted laboratory labor hours,as scheduled. 3.12 Burials Unless otherwise stated in the proposal, no burials,cemeteries,unmarked graves,grave goods,or skeletal remains will be on the Project. 3.13 Archaeological A minimum 24 hours' notice is given to SEARCH per call out;the workday includes travel time Monitoring to the work site and a minimum of eight(8) hours is charged per call out request. Work associated with project discoveries will require a separate agreement or modification 4.0 MARITIME 4.1 Reservation of SEARCH reserves the right to adjust diving technologies and methodologies that best align with Rights the project environment and diver safety in line with industry standard best practices and/or consultation with agency diver safety officers. 4.2 Work Plan If the project area is in an area that is considered hazardous by the SEARCH team,SEARCH will Changes adjust or exclude items from the Work Plan. 5.0 TRAVEL,MOBILIZATION/DEMOBILIZATION 5.1 Lodging Suitable overnight accommodations will be in proximity to the Project. 5.2 Modes of Proposed modes of transportation (rental,flight, POV,etc.)will be available at time of booking. Transportation 5.3 Bookings Travel bookings will not exceed the proposed cost. 5.4 Mobilization A minimum of 7 days' notice will be provided prior to SEARCH mobilization of field personnel. 5.5 Demobilization SEARCH will demobilize field personnel per the project schedule;the Client will not require unscheduled demobilizations of field personnel. 6.0 REPORTING 6.1 Cut-off Date The date of the proposal serves as the cut-off date for the consideration of new research, methods,reports,theories, laws,regulations,guidelines, policies,etc. 6.2 Comments Comments will be provided via one round of review by the Client and then each agency prior to the final deliverable.Comments are expected to: (1)offer clear direction of changes requested;(2) be non-contradictory between reviewers and with previous guidance;(3) not request information or action outside the scope of services;(4) not request substantial reworking of the deliverable;and(5)be delivered within 30 calendar days of submittal. 6.3 Digital Project deliverables will be digital, unless a hard copy is specified in the scope of services with the quantities defined. 7.0 EXCLUSIONS 7.1 Additional Unless otherwise stated in the proposal,additional services or products,such as out-of-scope Services fieldwork,special analysis or tests,subcontractors,travel,meetings, media communications, public outreach,deliverables, reports,other direct costs,fees,tariffs, insurance,or labor requested from a Tribe,Agency, Landowner,Stakeholder,Government,or Client is not included in this Project. 7.2 Curation Because the size and character of the artifact collection is unknown,the cost to prepare, insure,ship or deliver,and curate the artifact collection at an appropriate repository is not included in this Project, unless otherwise stated in the proposal. 8.0 FINANCIAL SEARCH will submit project invoices monthly for work performed and not yet billed, using 8.1 Invoicing SEARCH's standard invoice form, unless otherwise stated in the contract and provided by the client. Client shall pay invoices via wire/ACH within 30 days of receipt of invoice, unless otherwise agreed in writing. Late payment shall incur the maximum interest rate allowed under law from 8.2 Payment Terms the due date until payment is received.SEARCH reserves the right to demobilize or stop work for payment not received within 60 days of receipt of invoice,90 days if contract provides for Pay When Paid. SILI AIRCII I IPIIR0IPO I II.. 3 761 QUEST Public Involvement Services Monroe County—Engineering Design and Permitting Services for the Flagler Avenue(Key West) Road Resiliency and Adaptation Project November 7,2024 Quest Corporation of America Inc.(Quest)welcomes the opportunity to support Graef and Monroe County with public involvement services for engineering design and permitting services for the Flagler Avenue Road Resiliency and Adaptation Project. The following outlines Quest's proposed Scope of Services of Fee. TASK 7:PUBLIC INVOLVEMENT 1. Public involvement includes communicating to all interested persons,groups,and government organizations information regarding the development of the project. Quest shall prepare the necessary materials for use in public meetings. • Project information flyers(kickoff flyer and public meeting flyer)(2 x 10 hours) • Project poster(8 hours) • Social media posts(2 hours x 4 posts) • Media release to be sent by Monroe County(2 hours) • Notification letters to elected officials and government partners to be sent by Monroe County(5 hours) • Quest will create the email database and create up to 4 email updates throughout the project(3 hours x 4 emails) The kickoff flyer will invite interested persons to sign up for email updates throughout the project. All materials will be provided in English,Spanish,and Creole. Hours include graphic design(3 hours)and translation services(4 hours). 62 II° ouuurs 2. 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%.Quest will 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(16 hours x 2 workshops). IT support for planning and facilitating the hybrid workshops including travel to workshop location,preparation,support during meeting,breaking down equipment,and virtual support(18 hours x 2 workshops). 68 II° ouuurs 3. Quest shall attend public meeting(s),assist with meeting setup,and take down(8 hours per meeting).Quest 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(20 hours). Hours include one public meeting. 28 II° ouuurs 4. Quest will create a sign in sheet with resident email addresses,phone numbers,home addresses,etc.for all future correspondence(8 hours).Quest will summarize all comments made during or after the meeting and responses to those comments for future correspondence (8 hours). 16 II° ouuurs 5. Quest will attend the meetings with an appropriate number of personnel to assist the COUNTY'S Project Manager(8 hours per meeting). The hours include meeting attendance excluding set up and take down mentioned above in item#3. Hours includes up to four meetings. 32 II° ouuurs Classification of Staffing Sr.Community Outreach Specialist/135 Hours @$110.00 Graphic Designer/35 Hours @$110.00 IT Support/36 Hours @$110.00 I"u°tM II ours:::::266 x 110 00 22,666.66 stli'u°ruatuud Il;lzlluuusuus at Atuuali) 1,333 for Ilostuua3uu and$2,300for approxuiinat(fly$1,500 IlumuutuudIluuums 3,666.66 I'()Wq lll::c,c 26,266.66 E,',6&6E 2 62, ^ 1 C'Orpera�e i U,.As.€zr a ccorn i r.X l'Ac.Asa.f.+zim I r:eUfled M.1V ! 11,1131.. / .,htl /Vfld[�,�; 762 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) 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) N/A I 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: Florida Professional Engineers (Check mark items above, as a reminder that they are included.) Mailing Address: 9400 S. Dadeland Boulevard, Suite 601 Telephone: 305-378-5555 Miami, FL 33156 Fax: 305-279-4553 Date: July 22,2024 Signed: _ Witness: (Seal Scott Hinrichs, RE (Name) Principal,Vice President (Title) M µ' PRY V M � „toll q6�� COO 763 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Graef-USA Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signat re) Date: July 22, 2024 STATE OF: Orange COUNTY OF: Florida Subscribed and sworn to (or affirmed) before me, by means of® physical presence or ❑ online notarization, on July 22, 2024 (date) by Scott Hinrichs, P.E. (name of affiant). He/She is personally known to me or has produced personally known (type of identification) as identification. WAW M,ZMAMMM c Gulfs StatatffMda comma 0211 NOTARY PUBL C My commission expires: July 17, 2026 764 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) NON-COLLUSION AFFIDAVIT 1, Scott Hinrichs, P.E. of the city of Maitland, Florida according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Principal, Vice President of the firm of Graef-USA Inc. the bidder making the Proposal for the project described in the Notice of Request for Competitive Solicitations for: Design and Permitting Services for the Big Coppitt Road Elevation Resiliency and Adaptation and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. July 22, 2024 (Sig ature bf Respondent) (Date) STATE OF: Florida COUNTY OF: Orange Subscribed and sworn to (or affirmed) before me, by means of EZ physical presence or ❑ online notarization, on July 22'° 024, (date) by Scott Hinrichs, P.E. (name of affiant). He/She is personally known to me or has produced personally known (type of identification) as identification. XWWFUAN NOTAFW PUBLIC NaurypQbfir., state of Mrvida mm#HK2501,11, My Commission Expires: Jul y 17, 2026 765 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Graef-USA Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Sign ture) Date: July 22.,20,24 STATE OF: Florida COUNTY OF: Orange Subscribed and sworn to (or affirmed) before me, by means of ® physical presence or ❑ online notarization, on July 22,2024 (date) by Scott Hinrichs, P.E. (name of affiant). He/She is personally known to me or has produced personally known (type of identification)as identification. NOTARY PU I r M,404WR NrAary Public My Commission Expires: July 17, 2026 Stato Ef Floddt Comm@ HH25M11 -61- 766 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):Design and Permitting Services for the Flagler Avenue(Key West)Road Resiliency and Adaptation Respondent Vendor Name: Graef-USA Inc. Vendor FEIN: 39-1083592 Vendor's Authorized Representative Name and Title: Scott Hinrichs, P.E.-Principal,Vice President Address: 9400 S.Dadeland Boulevard,Suite 601 City: Miami State: FL Zip: 33156 Phone Number: 305-378-5555 Email Address: scott.hinrichs@graef-usa.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: Scott Hinrichs,P.E. who is authorized to sign on behalf of the above refer n d c`img any. Authorized Signature: ; Print Name:Scott Hinrichs,P.E. Title:Principal,Vice President Note:The List are available at the following Department of Management Services Site: j1U1)-//www.dms. iiatsiness on)erations/Stage u)irrchasinlo/vendor�inforination/convicted sassy ende d discriniinatory„conipilaints vendor lists 767 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $100,000/$500,000/$100,000 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, FDEM and FDEP 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. Graef-USA Inc. -- Respondent Signat re 768 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) 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 Professional Liability $250,000 per claim General Liability $0 per occurence Vehicle Liability $0 per occurence WC/Employers Liability $0 per occurence Liability policies are X Occurrence X Claims Made Risk Strategies Company 2 ,t�walb Insurance Agency Signa ure 61 Print Name: Mary Jo Nowak 769 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Graef-USA Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signatur ) Date: July 22, 2024 STATE OF: Florida COUNTY OF: Orange Subscribed and sworn to (or affirmed) before me, by means of W physical presence or ❑ online notarization, on July 22, 2024 (date) by Scott Hinrichs, P.E. (name of affiant). He/She is personally known to me or has produced personally known (type of identification)as identification. NOTARY BLIC NotarOWk FWI& My Commission Expires: July 17, 2026 770 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) ,� rm a Minority Owned Business Declaration Graef-USA Inc. , a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or 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 of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children 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 Date: July 22, 2024 Sign ture Print Name: Scott Hinrichs, P.E. Title:Principal,Vice President Address: 9400 S. Dadeland Boulevard, Suite 601 City/State/Zip Miami, FL 33156 For Monroe County Verification: Title/OMB Department: Verified via: https://osd.dms.myflorida.com/directories 771 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) Attachment HI e tft*j nu' 6,aia,r ding pe! aif init, iuulspensb mi,it llii ijoililoity And olunta_' 'Excllu', ion Subcontractor Covered Transactions The prospective subcontractoir, Graef-USA Inc. of tlhe Sulb-Recilpient certifies, by srabmission of thiis document,that neitheir it its princciipalls, 1110ir affiluaties are presently debarred, iru 1peinded,proposed for debarment, declared inelhgible,voluntartly exclludecl, ar >disgual[died froirn Ipairkic:ipabon in this tiransactuon by any IFedera1 department or agency- SUBCONTRACTOR Bey: �,°„ _. ° .._ Monroe oun'ty Siignatu,e Sulb-Reciipient's Name Scott Hinrichs, P.E.-Principal, Vice President H11044 Marne and Title DEM Contract Number 9400 S. Dadeland Boulevard, Suite 601 4399-161-R Street Address FEMA Pirolect Nuirnbleir Miami, FL 33156 City,, State,Zip July 22, 2024 Date 772 RFQ for Engineering Design and Permitting Services Flagler Avenue (Key West) Attachiment K Certification, IRegiard�ing Lobbying Check the appropriate box: 11 This Certification Regarding Lobbying is req6lred becajuse the Contract,Grant, Loan,or Cooperative Agreeirnent will exceed $100,0010 pUrsuant to 2 C.FR. Part 20,01,Appendix 1 31 Ul.S.C. § 1352-1 and 44 C.F.R. Part 10. 11 This Certification is not required)because the,Contract,Grant, Loan,or Cooperative Agree nient will be less than$1010,000. APIPENDM A,4,4 C.F.R PART118—CERTIFICATION REGAIRIDENG,LGIBEYING, Certification for Contracts,Grants, Loans,and Cooperative Agreements The Undersigned certifies,to the,best of his or her Iknowl,edge and(belief,that: 1. No,Federal a ppropiria led f u nds have Ibee ni paid or will be p ajid1, by or on beha If of the u adeirs ig ned, to any person for influencing or attempting to influence an,officer or eirnployeeof an agency,a Mernber of Congress, ain officer or employee of Congress, or an empllloyee of a Ipwtemdber of Congress in connection with the awarding of any Federal contract,the making of any Fedeirall grant,the making of any Fedeirall Moan,the,entering into of any cooperative agreeniient,and the extension,continuation, renewdl, arnendimenit,or modification of any Federal)contract,grant, loan,or cooperative agireement. 2. If any funds Other than Federal appropriated funds have been paid or will Ibe paid to any person for inifilLiencling or attempting to,influence an officer or emplloyee of any agency,a Menilber of Congress, ain officer or e,niplloyee of Congress,or an emplloyee of aj IMemdber of Congress in connection with this Federal contract,grant,(loam,or cooperative agree,niie,nt,the undersigned shall complete and subirnit Standard Forrn-LLL,"Disdosuire Foirmi to Report Lobbying,"in accordance with its ihistructions. 3. The Lindeirsigined shall require that the language of this certification be included in the,award documents,for al$SlLibawards at all tier-, (iniclUding SILibcontraicts,subgrants, ajind contracts under girants, lo,ains,and cooperative agreerne,nts)and that all siubreclpiients sliaR certify and disclose ajccordiniglly. This certification is a material repiresentition of fact upon wliiiclhi reliance was 1pRacecl when this transaction was made,or entered iiinto. Submission of this certification is a prereqUilsite,for making or entering into thiis trinsactioin imposed by section 1352, title 31, U.S. Code.Any person who,fails to faille the requitred certification shaR be subject to a civil penalty of not less than,$10,000 and not more than,$100,0001 for each such failure. The SiLib-Recipient or subcontractor, Graef-USA Inc. I certifies or affirms tihe, truth fullness and accuracy of eadh statemient of its ceirtification ainddisclosuire, iif any IIn,addition,the Contractor understands and agrees that the provisions of 31 U.S.C.Ghap.38,Administrative Riemiedies for IFalke Claims and S'tat Ments apply to this certification and CliiSC[OSIJre,if any. 7 Siigiinature of Sub, ecipieiit/suibco,ntractoir's AlLithorized(-if16ial Scott Hinrichs, P.E.-Principal, Vice President Name and Title Of 9,Lllb-RecipiieniVsubcoiiitrLictor"s Authonzed Official July 22, 2024 Date 773 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Vendor FEIN: Vendor's Authorized Representative: (Name and Title) Address: City: State: Zip: Phone Number: Email Address: 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: , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Title: 774 Build America, Buy America Act(BABAA) Certification The undersigned certifies, to the best of their knowledge and belief, that: The Build America, Buy America Act(BABAA) requires that no federal financial assistance for "infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52. The undersigned certifies that for the Flager Avenue Resiliency Project that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined,produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. The CONSULTANT, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the CONSULTANT 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. Signature of CONSULTANT Authorized Official Name and Title of CONSULTANT Authorized Official 775 GRAEINC-01 JVANDERL ACORO"° CERTIFICATE OF LIABILITY INSURANCE D TE 11/22/2024Y) 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 Jeanne Hilger Risk Strategies Madison PHONE FAX 1103 Hunter Dr Ste 100 (A/C,No,Ext): (414)270-2203 (A/C,No):(877)254-8586 Mount Pleasant,WI 53406 E-MAIL jhilger@risk-strategies.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Continental Casualty Company 20443 INSURED INSURERB:Valley Forge Insurance Company 20508 Graef-USA Inc. INSURERC:Continental Insurance Company 35289 275 West Wisconsin Ave.,Suite 300 INSURER D: Milwaukee,WI 53203 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 6057508580 6/1/2024 6/1/2025 DAMAGE TO RENTED 1,000,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: EBL AGGREGATE $ 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 6057508594 6/1/2024 6/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 6057508630 6/1/2024 6/1/2025 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 6057508627 6/1/2024 6/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab AEH254072949 6/1/2024 6/1/2025 Each Claim 5,000,000 A Professional Liab AEH254072949 6/1/2024 6/1/2025 Aggregate 7,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Flagler Avenue(Key West)Road Resiliency and Adaptation Project Monroe County BOCC and Florida Division of Emergency Management are additional insureds with respect to General Liability and Automobile Liability. By 11 25 24 w/attachments CERTIFICATE HOLDER CANCELLATION ) y" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. 11100 Simonton St Ste 205 Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reser— The ACORD name and logo are registered marks of ACORD 776 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: 0 0 A. coverage broader than required by the written contract; or 0 B. a higher limit of insurance than required by the written contract. N IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 6057508580 Page 1 of 2 Endorsement No: 12 CONTINENTAL CASUALTY COMPANY Effective Date: 06/01/2024 Insured Name: GRAEF-USA INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 777 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 6057508580 Page 2 of 2 Endorsement No: 12 CONTINENTAL CASUALTY COMPANY Effective Date: 06/01/2024 Insured Name: GRAEF-USA INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 778