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Item C20
C20 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: C20 2023-3471 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Clark Briggs AGENDA ITEM WORDING: Approval of a task order with CSA GROUP in the not to exceed amount of$265,590 for engineering design and permitting services for the Harbour Drive(Duck Key) Drainage Improvements Project. ITEM BACKGROUND: The county requires the services of an engineering consultant for the design of a positive stormwater drainage system for Harbour Drive located in Duck Key. Flooding occurs along Harbour Drive and into the driveways of adjacent properties. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved an on-call engineering contract with CSA Central, Inc. at the February 2022 BOCC meeting. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval of task order DOCUMENTATION: 2025-02-06 Harbour Drive CSA Task Order_ ig ed.pdf Executed Contract-CSA.pdf 2025 02 COI CSA Central exp 7.21.25 signed.pdf FINANCIAL IMPACT: Effective Date: February 19,2025. Expiration Date: 60 days after completion of project. Total Dollar Value of Contract: $265,590.00 Total Cost to County: $265,590. 962 Current Year Portion: $265,590.00. Budgeted: yes, Source of Funds: 102-22500-SC_00038 CPI:N/A Indirect Costs:N/A Estimated Ongoing Costs Not Included in above dollar amounts:N/A Revenue Producing: No If yes, amount: Grant: No County Match:NA Insurance Required: yes 963 TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND CSA CENTRAL, INC. FOR HARBOUR DRIVE DRAINAGE IMPROVEMENTS PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 16th day of February, 2022 between Monroe County hereinafter referred to as the "County" and CSA CENTRAL, INC, hereinafter referred to as "Consultant" where professional services are allowed if construction costs do not exceed $7,500,000 in accordance with F.S. 287.055 (as amended per Chapter 2024-204, Laws of Florida) pursuant to which recital/whereas clause No. 2 and related references in the Contract are hereby modified to incorporate Chapter Law 2024-204 which increased the construction cost from $4,000,000 to $7,500,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Task Order is effective on the 19t" Day of February, 2025 and shall expire 60 days after construction is complete. Article II Scope of Basic Services, Paragraph 2.1 is amended to add 2.1.1 as follows: The scope of services for the Harbour Drive Drainage Improvements Project will include: completion of design for construction and any required SFWMD permitting for the roadway grading and drainage. The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment, and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. Details of the scope of services are outlined below and in Attachment A: 1.0 DESIGN DEVELOPMENT The Consultant will evaluate existing conditions and provide drainage improvements. 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the pertinent sections contained in the following: CSA CENTRAL,INC.Task Order Harbour Drive February 2025 - 1 964 1. Florida Department of Transportation Standard Plans 2. Florida Department of Transportation Design Standards 3. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways 4. Florida Department of Transportation Surveying Procedure 5. Florida Department of Transportation Drainage Manual 6. Manual on Uniform Traffic Control Devices (MUTCD) 7. American Disabilities Act 8. Florida Department of Transportation Flexible Pavement Design Manual 9. Florida Statutes 2.2. The Consultant shall provide Drawings and applicable Technical Specifications for the County's review. 2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. The Consultant shall provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. 2.4 The Consultant shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 2.5 The Consultant's construction documents (plans, specifications, etc) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no CSA CENTRAL,INC.Task Order Harbour Drive February 2025 -2 965 charge or cost to the County, unless said requirements are changed during the course of the project. 2.6 The County shall be responsible for the timely submittal of all permit application fees. 2.7 At the 30% 60%, 90% and 100% design phases the Consultant shall provide drawings and other documents which depict the current status of design for the County's review and information. The Consultant shall provide an estimate of anticipated construction costs and construction schedule. 2.8 As needed, the Consultant will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Structures Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Standard Plans. 3.2 Specifications — For general specifications, FDOT and LAP Big Four Specifications will be used. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.3 Schedules — Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. 4.0 CONSTRUCTION COST The Consultant shall submit to the County in writing its final Opinion of Probable Construction Cost (OPCC) for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Consultant. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for Contractor's overhead and profit. CSA CENTRAL,INC.Task Order Harbour Drive February 2025 -3 966 4.3 Construction cost does not include the compensation of the Consultant and the sub-consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.0 CONSTRUCTION PHASE 5.1 The Consultant shall review and approve or take other appropriate action upon Contractor submittals and requests for information. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. 5.2 The Consultant will provide answers to Requests for Information (RFIs) from the Contractor, as needed during construction and will implement any required plan revisions. 5.3 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. 5.4 The County will seek reimbursement from the Consultant for any "added costs" paid if the work product of the Consultant, its consultants, or both fails to meet engineering professional license and industry standards. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the work product that fails to meet the engineering processional license and industry standards. The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the project and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for a delay in the construction of the project or for hidden deficiencies that could not reasonably be determined through a review of current field conditions by the Consultant or subconsultants. 5.5 The Consultant shall furnish to the County, upon project completion, the following: • 2 sets of 11" X 17" signed and sealed Record Drawings • 2 sets of final documentation • 1 set of final as built CADD and pdf files including a table of drainage structures with GPS coordinates labeled for each structure CSA CENTRAL,INC.Task Order Harbour Drive February 2025 -4 967 The Consultant's Engineer of Record in responsible charge of the project's design shall professionally endorse/certify the record prints, the special provisions and all reference and support documents. 5.6 The Consultant will attend the pre-construction meeting and as needed, attend the periodic construction progress meetings. Article VII, Paragraph 7.1 is amended to include the following: The Consultant shall be paid monthly for time and expenses based on hourly rates/timesheets and lump sum amounts (as noted below), with the right to reallocate the not to exceed budget between tasks as required to accomplish the scope of work. Houry rates are to be in accordance with the On Call Agreement rates, in the following Maximum Not to Exceed amount of$265,590.00. Design Sequence Task Description Budget Estimate Fee Type Task 1: Phase 1: 30% Plan Submittal $45,000.00 Task 2: Phase 1: 60% Submittal $43,000.00 Task 3: Phase 1: 90% Submittal $30,000.00 Task 4: Phase 1: 100% Submittal $15,000.00 Task 5: Permitting & Coordination $20,000.00 Task 6: Bidding Assistance $5,000.00 Task 7: Construction Administration & Project Close-out $36,000.00 CSA Labor Sub-Total $194,000.00 T&M Reimbursable Expenses (as outlined) $2,090.00 T&M CSA Total Budget $196,090.00 SUB Surveying $34,300.00 Lump Sum SUB Geotechnical Investigation $35,200.00 Lump Sum Total (Not to Exceed) $265,590,00 Article IX Miscellaneous, Paragraph 9.29 Federal Highway Administration Requirements do not apply to this project. CSA CENTRAL,INC.Task Order Harbour Drive February 2025 -5 968 IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Consultant Witness: CSA CENTRAL, INC. ..-._02/06/2025 02/06/2025 Signature Date Signature Date VP, Florida Operations Title (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: by: Deputy Clerk Mayor/Chairman Date: CSA CENTRAL,INC.Task Order Harbour Drive February 2025 -6 969 ATTACHMENT A 970 CSAGROUP tlPIW 6 S T - 1 9 5 6 January 28, 2025 Clark Briggs Senior Project Administrator Monroe County Engineering 2955 Overseas Hwy. Marathon, FL 33050 Via e-mail: briggs-clark@monroecounty-fl.gov RE: PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR HARBOUR DRIVE DRAINAGE IMPROVEMENTS IN DUCK KEY, MONROE COUNTY, FL CSA Project Number 24-0108 Dear Mr. Briggs: CSA Central, Inc. (the "Consultant" or "CSA") respectfully submits this proposal to Monroe County (the"County", or the"Client")to provide Engineering Services for the design of Harbour Drive Drainage Improvements located in Duck Key 33050. Services will be provided per the terms and conditions of the executed AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES with date February 16, 2022. The County requests the Consultant to provide professional services for the design of drainage improvements, preparation of construction documents, and probable construction cost estimates at different project submittal phases, permitting assistance, bidding assistance, Construction Administration. Below is our project understanding, scope of services for Harbour Drive in Duck Key. PROJECT BACKGROUND AND UNDERSTANDING Harbour Drive is experiencing localized flooding along both sides of the existing pavement. The roadway does not have an existing structural drainage system nor positive slope at edge of pavement to direct this flood accumulation to a particular area. CSA proposes improvements that may include a design of a drainage system which could be composed of exfiltration trenches with an overflow to a drainage well. at certain strategic locations. EXISTING CONDITIONS OBSERVED AND APPROACH Existing Conditions a) Length of Road: Project length is 1500 linear feet b) Drainage System: Existing Harbour Drive does not have a positive drainage system, leading to flooding into the driveways of adjacent home parcels. There is no existing outfall from the drainage area. c) Pavement: The edge of the pavement does not have a concrete curb, causing runoff to flow into adjacent properties and existing driveways. The existing pavement is in 1.40() NW 1 07tIh Ave.,SLJitc 205, I ibimi i, If::] 331.72 2746 rd:305.4fs1,548 www,csagirWA1p,coirn 971 Page 2 of 13 CSA �, OUP Mr.Clark Briggs �� � ES good condition but is several years old. Reconstruction is expected at drainage improvement locations. d) Driveways: Most adjacent properties have concrete driveways or brick pavers up to the edge of the pavement within the right-of-way. e) Sewer Line: The main sewer line runs down the center of the road. f) Reclaimed Water: Runs north-south along the east side of the right-of-way. g) Power Poles: Existing power poles run along the northeast side of the roadway. h) Sea Level Rise: Information available about sea level rise will be studied, including mean high water elevations and tidal impacts on the proposed drainage system. Issues Approach and Assumptions h) Pavement Design: Proposed drainage work will be installed under the existing pavement which will be milled and resurfacing. One pavement design is expected, with potential adjustments to pavement grading through milling and resurfacing with overbuild. i) Impacts to Pavers and Landscaping: Some impacts to existing pavers and landscaping are expected due to reconstruction. j) Drainage Wells: Drainage wells are anticipated, in conjunction with exfiltration trenches. This proposal anticipates the construction of a minimum of two (2) Drainage wells. Drainage Wells are anticipated to be 120 feet deep and the construction cost could vary from $80K to $115K depending on the type of soil findings. This price includes the well's capacity evaluation and the well's validation report. k) Exfiltration Trenches: To be provided as part of the drainage system. Percolation parameters will be tested by Tierra South Florida. 1) Storm Event Design: The design will meet the South Florida Water Management District (SFWMD) standards for a 5-year storm event. m) No Master Plan: The scope does not involve a master plan for the project. n) Right of Way: The scope includes exploration and design for the entire 50-foot width of the right of way. o) Plans: Will be prepared on 11"x 17" sheet size. p) Utility Conflicts: Utility relocation and lift station design is not included in the scope of work, but can be added as an additional service. SCOPE OF SERVICES The Consultant will provide design services as part of the scope of service and will provide a set of Construction plans for review at: • PHASE 1: 30% Plan Submittal • PHASE 2: 60% Submittal • PHASE 3: 90% Submittal • PHASE 4: 100% Submittal Additionally, the Consultant will provide the following services: • PERMITTING & COORDINATION • BIDDING ASSISTANCE • CONSTRUCTION ADMINISTRATION www,csagirWA1p,coirn 972 Page 3 of 13 CSA �, OUP Mr.Clark Briggs 60 � ES Opinion of Probable Construction Cost A Probable Construction Cost estimate (PCCE) will be generated by the Consultant which will include all disciplines involved. The PCCE will be reviewed at each submission phase of 30, 60, 90 and 100%. Opinions of probable costs will be based on the information known to the Consultant at time of data collection and represent only the Consultant's judgement as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that the proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Project Representation / Meetings The Consultant shall attend, as requested, up to 4 formal and informal meetings related to the design process for this project including status meetings and coordination meetings with governmental agencies. This scope includes one meeting with all disciplines per project phase. Additional meetings can be provided as needed as additional service. Technical Investigations Prior to design, CSA will retain subconsultants to perform geotechnical analysis required for pavement and drainage design and topo survey of the project area. Scope of work is detailed in the attached proposals. If it is determined that drainage wells would be advantageous, additional fees may be applicable for well capacity analysis. Soft dig of potential underground utility conflict areas may be required after analysis of utility maps and comparison to proposed drainage improvements. This can be provided as an additional service. TASK 1: Phase 1 (30% Plan Submittal) The intent of this submittal is that a clear understanding of the scope of the project is communicated. All existing infrastructure will be shown including relevant preliminary design features. This will include any existing survey and pertinent RW indicated, that elevations and dimensions for all the major points of interest and utilities be shown as well as existing landscaping and specialty driveways. The 30% plans set may include: - Cover Sheet - General notes - Civil o Preliminary Grading and Drainage plan of roadway pavement and driveway based on recent Survey. o Preliminary Stormwater Drainage design. o Existing Utility Investigation. o Updated Topographical Survey The Consultant may attend, as requested, formal and informal meetings related to the design process. www .csagitWAI .coirn 973 Page 4 of 13 CSA �, OUP Mr.Clark Briggs 60 �01 E S The consultant will provide three (3) copies of the drawings or an electronic submittal at the County's discretion for review and approval. TASK 2: PHASE 2 (60% Submittal) This submittal includes Consultant quality control review, quantities, 60% notes and specifications and preliminary cost estimate and addressing Client comments from the 30% review. During this phase, CSA will aim to resolve utility conflicts and hold a pre-app meeting with the SFWMD to review the preliminary drainage design and stormwater analysis results. The 60% plan set may include: - Cover Sheet - General Notes - Civil o Incorporation of 30% comments to designated plans Grading and Drainage plan. o Draft drainage report o Utility adjustment Sheets. o Construction Details Plan 0 60% Technical Specifications o Probable Construction Cost Estimate The consultant will provide three (3) copies of the drawings or an electronic submittal at the County's discretion for review and approval. TASK 3: PHASE 3 (90% Submittal) This submittal includes Consultant quality control review, quantities, 90% specifications including special provisions and preliminary cost estimate and addressing Client comments from the 60% review. The Consultant may attend, as requested, formal and informal meetings related to the design process. It is assumed that CSA may receive and address up to 1 round of Client comments from the 60% Plan Set submittal. Additional comments can be addressed as an additional service. The 90% plan will include: - Cover Sheet - General Notes - Civil o Incorporation of 60% comments to designated plans o Roadway Plan o Grading and Drainage Plan o Construction Details Plan 0 90% Technical Specifications www,csagirWA1p,coirn 974 Page 5 of 13 CSA �, OUP Mr.Clark Briggs 60 � ES o Probable Construction Cost Estimate o Final Drainage Report The consultant will provide three (3) copies of the drawings and calculations or an electronic submittal at the County's discretion for review and approval. TASK 4: PHASE 4 (100% Submittal) This submittal is to include final Consultant quality control review, final quantities, final specifications including special provisions and final cost estimate including addressed comments from the 90% review. The Consultant may attend, as requested, formal and informal meetings related to the design process. It is assumed that CSA may receive and address up to 1 round of minor Client comments from the 100% Plan Set submittal. Additional comments can be addressed as an additional service. The 100% plan set may include: - Cover Sheet - General Notes - Civil o Final Roadway Plan o Final Grading and Drainage Plan o Final Construction Details Plan o Final Technical Specifications o Final Probable Construction Cost Estimate Three (3) sets of final signed and sealed plans and calculations and/or an electronic copy as required.. TASK 5: PERMITTING & COORDINATION This phase includes coordination, preparation and submission of construction drawings and permit application(s) to the agencies with jurisdiction over the project. It is anticipated that the agencies are Monroe County, South Florida Water Management District and Florida Department of Environmental for the Drainage Wells. The Consultant may attend, as requested, formal and informal meetings related to permit processing for the projects such as coordination and review meetings with the agencies. CSA will edit plans as necessary to respond to reasonable agency comments during the permit review process. Comments that require major design rework may require an amendment to this proposal for additional budget. www,csagirOU .coirn 975 Page Ci 0f 13 CSA �, OUP Mr.Clark Briggs 60 � ES TASK 6: BIDDING ASSISTANCE The consultant will provide Bidding assistance to Monroe County in responding to any questions that may arise during the procurement process. We are assuming a 4-month bidding assistance. TASK 7: CONSTRUCTION ADMINISTRATION The consultant will provide the following services during the construction period, assuming an 8-month construction duration and 1 month for project close out: a) Attendance to Pre-Construction Meetings 0 1 Trip: The consultant will attend the pre-construction meeting to discuss project details and expectations. b) Attend bi-weekly Virtual OAC Meeting o CSA PM will attend bi-weekly virtual meeting during construction with Client, CEI, and GC for 8 months for up to 1 hour each. o CSA assumes Client, GC, or CEI will maintain meeting agenda and minutes. c) Responding to Requests for Information (RFIs) 0 RFIs: The CSA budget assumes up to 5 RFIs may be received. d) Processing Shop Drawings and Submittals 0 Shop Drawings / Submittal Packages: The CSA budget assumes up to 10 shop drawings and submittal packages will be received. e) Reviewing Material Test Reports 0 The consultant will review material test reports to ensure compliance with project specifications. f) Recording Changes to Contract Documents (Revisions during Construction) 0 The consultant will record any changes to the contract documents, including plan revisions. CSA maybe provide as-built final PDF drawings as required for project close out or certifications. g) Certifying Nonconforming Work 0 The consultant will certify any nonconforming work to ensure it meets project standards. h) Project Closeout 0 The consultant will manage the project closeout process, ensuring all documentation and final inspections are completed. i) Site Construction Observation 0 The consultant will conduct site observations to monitor construction progress and provide observation report as required to close out the project and as requested by the Client. Some trips may require 2 personnel. One trip will be for a punch list visit. Budget allocates time for 4 observation visits during the 8 month construction duration. www,csagirWA1p,coirn 976 Page 7 0f 13 CSA �,, OUP Mr.Clark Briggs 60 � ES REIMBURSABLE EXPENSES Reimbursable expenses will be incurred for travel and other out-of-pocket costs directly related to the project. These expenses will be billed in addition to the labor fees outlined in the proposal. The following outlines the anticipated reimbursable expenses for the design and construction phases of the project: Travel Expenses • Distance: 100 miles (one-way) from CSA office to the site (Harbour Drive, Duck Key). 200 miles per trip. • Personnel: 2 persons per trip. Design Phase • Field Recognition Trip: 1 trip • Utility Investigation Trip: 1 trip • Design Review Trip: 1 trip 0 Total Design Phase Trips: 3 trips Permitting Phase • TBC Trip: 2 trip Construction Phase • Pre-Bid Meeting Trip: 1 trip • 4 Site Observation Visits: 4 trips (assuming at 30, 60, 90, and punch list or as needed) 0 Total Construction Phase Trips: 5 trips Total Trips • Total Trips: 10 trips (3 design & permit phase trips + 12 construction phase trips) 0 10 trips x 200 miles x $0.445 FL State mileage rate = $890 0 10 trips x 2 people x $36 per diem = $700 Allowance for Courier fees related to delivery of hard copies of plans and reproduction costs if required: $500.00 Total Estimated Expense Budget = $2090.00 EXCLUSIONS 1. Landscaping areas treatment. www,csagirWA .coirn 977 Page 8 of 13 CSA �,, OUP Mr.Clark Briggs 60 � ES anUary 28,202401 E �� T . , SCHEDULE Proposed schedule attached as ATTACHMENT "A". CSA has assumed permitting, bidding, and construction phase durations, but will not be in direct control of the timing. Delays in Client or Agency plan review may impact the overall project schedule. SURVEYING See ATTACHMENT "B" for Survey Proposal. GEOTECHNICAL INVESTIGATION See ATTACHMENT "C" for Geotechnical Investigation proposal. PROFESSIONAL COMPENSATION Proposed Fees are summarized in the table below. Task 1 through 7 and Reimbursable Expenses are time and materials fees with a not-to-exceed budget of$196,090.00. Labor will be invoiced based on labor hours worked per month per the MSA rate table (attached for reference in Attachment D) and Expenses based on actual expenses incurred up to the limits of this agreement and FL State Statues. CSA reserves the right to reallocate the not-to-exceed budget between tasks as required to accomplish the scope of work. Sub-Consultant fees will be invoiced as a lump sum amount with no mark up. FEE SUMMARY TABLE Sequence Budget FEE of Design Task Description Estimate TYPE Task 1 PHASE 1: 30% Plan Submittal $ 45,000.00 Task 2 PHASE 2: 60%Submittal $ 43,000.00 Task 3 PHASE 3: 90%Submittal $ 30,000.00 Task 4 PHASE 4: 100%Submittal $ 15,000.00 Task 5 Permitting &Coordination $ 20,000.00 Task 6 Bidding Assistance $ 5,000.00 Task 7 Construction Administration & Project $ 36,000.00 Close-Out CSA Labor Sub-Total $ 194,000.00 T&M Reimbursable Expenses (as outlined) $ $2,090.00 T&M CSA Total Budget $ 196,090.00 SUB Surveying $34,300.00 Lump Sum SUB Geotechnical Investigation $35,200.00 Lump Sum Total Project Proposed Budget $ 2 ,590.00 www,csagirWAI .coirn 978 Page g of 13 CSA �, OUP Mr.Clark Briggs 60 �01 E S Any services not specifically provided for herein, as well as changes in the scope of proposed services and revisions requested by the Client after substantial completion of the proposed services, will be considered Additional Services, and can be performed at our then current hourly rates. The fees quoted herein shall remain in effect for a period of forty-five (45) days from the date of this proposal, an excess of this time will cause this proposal to be renegotiated to the mutual satisfaction of both parties. If you find this proposal acceptable and wish to direct us to proceed with the aforementioned scope of services, we ask that you provide written Notice to Proceed and upon receipt,we will immediately begin with the scope of services described herein. Should you have any questions, or wish to discuss this proposal further, please contact Mr. C. Ignacio Sarasqueta P.E. or the undersigned at your earliest convenience. CSA looks forward to continuing to strengthen our relationship with the County. Sincerely, CSA Central, Inc. i Stephanie Kassoy, PE, LEED AP Vice President, Florida Operations Inclusions: Attachment A, B, C, D ACCEPTANCE A signed copy of this proposal constitutes an acceptance of the professional services described herein. CSA will interpret this acceptance as conformance of the Client with the Scope of Services, and Compensation. Accepted by: Date: (Signature) Name: Position: www,csagirOU .coirn 979 Page 10 of 13 o CSAGIROUP Mr.Clark Briggs C60041,10, E S JanUary 28,2024 ATTACHMENT "A" PROPOSED SCHEDULE www,csagirWAjp,coirn 980 s o_ M C rl O N �G N O N O N rl W rl W eOi M N � IA Q N O u m o a` ❑ Y m Y g 2 Y Y Y `o Y - N E �• �• � v �'n v �' v �' v v � °q o 0 •E �, v y a c a c a c a c ,Y � ,. � 2 = o' °J a` E E � � m � vzv = 000000 � o v � � o 0 981 Z a l7 7 m V �o V m V V � a - m u Q H O N M O i!f lO I� Page 11 of 13 o CSAGIROUP Mr.Clark Briggs C60041,10, E S JanUary 28,2024 ATTACHMENT "B" SURVEYING SCOPE OF WORK www,csagirWA ip,coirn 982 &� M.G. VERA 13960 SW 47rh St, Miami, FL 33175 t: 305.221.6210 1 f: 305.221.1295 www.mgvera.com Mark J Kuntz, PE December 2, 2024 CSA Group 1400 NW 107th Ave STE 205, Sweetwater, FL 33172 Reference: Topographic Survey with Elevations Location: Harbour Island, Duck Key (PB 6— PG 84) See Exhibit"A"for limits. Mr. Kuntz, MGV appreciates the opportunity to perform our surveying services on this project. Below is our scope of services for the Topographic Survey with Elevations of the above referenced project. All survey work will adhere to the STATE OF FLORIDA STANDARDS OF PRACTICE, as per Chapter 427.027 Florida Statutes and Rule 5J-17 Florida Administrative Code. The proposed Survey Scope of work includes the following: Horizontal and Vertical Control • Horizontal Control will be established on the Florida State Plane Coordinate System, East Zone, and North American Datum (NAD) of 1983/2011 Adjustment. • Vertical Control will be established on NAVD 1988 Datum. Topographic Survey • The Topographic Survey will locate all above ground features and improvements including fences, walls, and appurtenances, Buildings (if any), fire hydrants, manholes, catch basins, meters, valve boxes, existing lighting, pavement markings, all visible above ground utilities, drainage structures, etc. lying within the right of way limits. • Drainage survey will include all type of structures (Storm and Sanitary sewers) and their details. Rim elevation, Bottom Elevations, Inverts elevations, pipe type, material, and diameter. • Right of way lines will be established based on existing plat of records and found monumentation. Deliverables • Electronic Cad files in AutoCAD Format. • Signed and Sealed PDF file • Signed and sealed hard copies as needed. Notes • Mean High Water Line is not a part of the scope of the project. • If additional services are needed, a separate proposal will be prepared. • SUE (Subsurface Utility Engineering) is not a part of this proposal. • This proposal includes travel time, hotel and per-diem. 983 Fee: M.G.V. shall perform the Work detailed in this Proposal for a Lump Sum of Thirty-four thousand three hundredth dollars ($34,300.00). Method of Payment: Upon completion of work. If this agreement is satisfactory to you, please signify your acceptance by signing in the space provided below and return a signed copy to our office. We look forward to providing our services and please contact me if you have any questions or require additional information. Sincerely, Manuel G. Vera &Associates, Inc. Approved Date Carlos E. Alonso, PSM, El. Project Manager 984 d — oo° ors - IX w «F z y lk M— O v i u a _ O o ro N $o o it v r � M ° x 1/ u c ° 0 o y u m �y 7-W d 0 ¢ 3 x o' DIY .._— S o.. M:°S Hios�aJ � ONV75/ NO/1V1NV7d 985 Page 12 of 13 o CSAGIROUP Mr.Clark Briggs C60041,10, E S JanUary 28,2024 ATTACHMENT "C" GEOTECHNICAL INVESTIGATION SCOPE OF WORK www,csagirWAjp,coirn 986 Revised December 24, 2024 December 23, 2024 CSA Group 8200 NW 41st Street, Suite 305 Doral, FL 33166 Attn: Mark J. Kuntz, P.E. Email: uu�.:➢uu�� �. RE: Proposal for Geotechnical Services Duck Key Drainage Wells Duck Key, Florida TSFGeo Proposal No. 2412-753 Dear Mark: As requested, TSFGeo is pleased to submit this proposal for the above-referenced project. Based on our understanding of the project, the proposed construction will consist of drainage wells/French drains along the finger island on the northeastern end of Duck Key in Monroe County, Florida. This proposal includes an outline of our proposed scope of work, an estimate of the total fees, and our anticipated schedule for completion of the work. PROPOSED SCOPE OF WORK Based on our understanding of the project, the following field testing will be performed: Table 1 —Proposed Field Testing Location Proposed Services Drainage Wells - Two (2) Standard Penetration Test(SPT)borings to depths of 120 feet below existing grade French Drains - Two (2) Borehole Permeability (BHP) Tests Prior to drilling at the project site, TSFGeo will notify the local utility companies and request that underground utilities be marked(Sunshine State One Call). Our experience,however,is that the utility companies will not mark privately owned utilities. Our proposal assumes that the Client will locate private utility lines, if any, in the field or clear boring locations of utility conflicts prior to mobilization of the drill rig. TSFGeo can recommend a utility line locating service upon request. Maintenance of Traffic (MOT)will be required to perform this work. Upon completion of the field exploration, some laboratory testing and visual classifications will be performed on selected samples. The results of all drilling and laboratory testing will be evaluated by a geotechnical engineer. A report will be issued that contains the exploration data, a discussion of the site and subsurface conditions, and percolation test results, along with some construction considerations. 2765 Vista Parkway,Suite 10+West➢'aflm Beach,Florida 3341.1. 561. 687-82 36 9 w w'I'S- rmcOm 987 State of Florida Professional Engineers License##28073 CSA Group TSFGeo Proposal No.2412-753 Page 2 ESTIMATED FEES It is proposed that the fee for the performance of the services outlined above is determined on a unit fee basis and that the work be performed pursuant to TSFGeo's General Conditions enclosed herewith and incorporated into this proposal. Our fees for the above scope of work will be $35,200.00. Our estimate covers the work needed to provide drilling services and geotechnical report. Not included are reports, reviews of foundation drawings, preparation of construction specifications, special conferences and any other work requested after submittal of our report. SCHEDULE AND AUTHORIZATION TSFGeo will proceed with the work after receipt of a signed copy of this proposal.With our present schedule, we can commence work within a few days of project approval (weather permitting and permit approval) and after utilities have been cleared. The fieldwork is expected to take 4 to 5 days to complete. The test results can be submitted about 3 weeks after completion of the field exploration. Verbal preliminary recommendations can be made to appropriate parties prior to submittal of the written report. We at TSFGeo appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you should have any questions concerning our proposal,please contact our office. Respectfully submitted, TSFGeo .,, . . Ramakuma`Vedula, RE,` Sean Tromans, E.I. Principal Engineer Staff Engineer Attachments: General Conditions Fee Schedule Site Location Plan AUTHORIZED BY INVOICE TO: Nance: Firms: Title: Name: Date: Address: Phone 988 CSA Group TSFGeo Proposal No.2412-753 Page 3 TSFGeo's General Conditions 1. SCOPE OF WORK:Work means the specific geotechn ical,analytical,testing or other service to be performed by Tierra South Florida,Inc.(TSFGeo)as set forth in TSFGeo's proposal,Client's acceptance of the scope of work and these General Conditions.Additional work ordered by Client shall also be subject to these General Conditions."Client'refers to the person or business entity ordering the work to be done by TSFGeo.Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of TSFGeo's work.TSFGeo shall have no duty or obligation to any third parry greater than that set forth in TSFGeo's proposal,Client's acceptance of TSFGeo's proposal and these General Conditions.The ordering of work from TSFGeo,or the reliance on any of TSFGeo's work,shall represent acceptance of the terms of TSFGeo's proposal and these General Conditions,regardless of the terms of any subsequently issued document. 2. RIGBT-OF-ENTRY-The client will provide right-of-entry for TSFGeo and all necessary equipment in order to complete the work.While TSFGeo will take all reasonable precautions to minimize any damage to the property,it is understood by Client that in the normal course of work some damage may occur;the correction of which is not part of this agreement. 3. DAMAGE TO EXISTING MAN-MADE OBJECTS-The Client,will provide the location of all underground utilities or obstructions to TSFGeo who,in the prosecution of their work,will take all reasonable precautions to avoid damage or injury to any such subterranean structure or utility.The Owner agrees to hold TSFGeo harmless for any damages to subterranean structures which are not called to TSFGeo's attention and correctly shown on the plans furnished and will reimburse TSFGeo for any expenses in connection with any claims or suits including reasonable attorney fees at the trial and appellate levels. 4. IN-PLACE MATERIALS TESTING-TSFGeo will not be responsible for repair or damage to portions of structures designated for in-place materials testing.Repairs can be made for aesthetic reasons if requested in advance of the work to be performed.The cost for labor and materials would be charged. 5. SAMPLE RETENTION-TSFGeo will retain all soil and rock samples obtained for geotechn ical explorations for 30 days.Samples subjected to Construction Materials and Laboratory testing are disposed of subsequent to testing.Father storage or transfer of samples can be made at Clients expense upon written authorization. 6. DEFINITION OF RESPONSIBILITY(OBSERVATION SERVICES)-The presence of our field representative will be for the purpose of providing observation and field testing.Our work does not include supervision or direction of the actual work of the contractor,his employees or agents.The contractor for this project should be so advised. 6.1. The Contractor should also be informed that neither the presence of our field representative or the observation and testing by our film shall excuse him in any way for defects discovered in his work.It is understood that TSFGeo will not be responsible for the Contractor's job or site safety on his project.That will be the sole responsibility of the contractor. 7. STANDARD OF CARE-Service performed by TSFGeo under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.No other warranty,expressed or implied,is made. 7.1. Client recognizes that subsurface conditions may vary from those encountered at the location where borings,surveys or explorations are made by TSFGeo and that the data,interpretations and recommendations of TSFGeo are based solely on the information available to it TSFGeo shall not be responsible for the interpretation by others of information developed. 8. ORAL AGREEMENTS-No oral agreement,guarantee,promise,representation or warranty shall be binding. 9. OWNERSHIP OF DOCUMENTS-All reports,boring logs,field data and notes,laboratory test data,calculations,estimates and other documents prepared by TSFGeo,as instruments of service,shall remain the property of TSFGeo until furl payment is received and a letter of copyright transfer been executed. 10. BASIS OF PAYMENT-Payment is due within 30 days of date of invoice.Payments not made when due shall bear interest at eighteen(18)percent ainum or at the maximum rate allowed by law from the date of the invoice until same is paid. 10.1. If the Client fails to make any payment due to TSFGeo for service and/or expenses within 60 days of date of invoice,TSFGeo may,after giving seven days'written notice to Client,suspend services until all outstanding amounts have been paid to TSFGeo in full.Further,TSFGeo may,in addition to withholding services,or singularly,withhold reports,plans and other documents not paid in full by the Client.In the event that final payment for completed work is not made,TSFGeo shall request that all copyrighted documents which were submitted to client be retuned and all information used in project plans be removed from project documents. 10.2. In the event it is necessary to take legal action to effect collection,whether or not Litigation is commenced,the Client agrees to reimburse TSFGeo for expenses in connection with any claims or suits,including reasonable attorney's fees,including but not limited to the trial and appellate levels. 10.3. This contract shall be governed by the laws of the State of Florida. 11. CONSTRUCTION REVIEW-TSFGeo cannot accept responsibility for any design work unless the work includes services for construction review to determine whether or not the work performed is in substantial compliance with TSFGeo's conclusions and recommendations. 12. INDEMNIFICATION-TSFGeo agrees to hold harmless and indemnify Client from and against liability arising out of TSFGeo's negligent performance of the work.Client agrees to indemnify and hold TSFGeo harmless from all liability including all costs,attorney's fees and expenses of defense for any claims by any other person or corporation which may arise out of the performance or breach of this contract for which TSFGeo was not solely negligent. 13. LIMITATION OF LIABILITY-The Client/Owner agrees to limit TSFGeo's liability for negligent professional acts,errors or omissions,such that the total aggregate liability of TSFGeo shall not exceed$50,000 or the total fee for the services rendered on this project;whichever is greater.The Owner further agrees to require the contractor and his subcontractors a similar limitation of liability suffered by the contractor or the subcontractors arising from TSFGeo's negligent professional acts,errors or omissions. 13.1. If Client prefers to have higher limits on professional liability,TSFGeo agrees to increase the limits up to a maximum of$1,000,000 upon Clients written request at the time of accepting our proposal provided that Client agrees to pay an additional consideration of 5 percent of our total fee.The additional charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance. 14. INSURANCE-TSFGeo represents that it and its agents,staff and consultants employed by it are protected by Worker's Compensation insurance and Employer's Liability Insurance in conformance with applicable state laws.TSFGeo has such coverage under public liability and property damage insurance policies that TSFGeo deems to be adequate.A Certificate of Insurance can be supplied evidencing such coverage upon request. 14.1. Within the limits and conditions of such insurance,TSFGeo agrees to indemnify and save client harmless from and against any loss,damage or liability arising from any negligent acts by TSFGeo,its agents, staff and consultants employed by it.TSFGeo shall not be responsible for any loss,damage or liability beyond the amounts,limits and considerations of such insurance.TSFGeo shall not be responsible for any loss,damage or liability arising from any acts by clients,its agents,staff and other consultants employed by it 14.2. Cost of the above coverage is included in our quoted fees.If additional coverage or increased limits of liability are required,TSFGeo will endeavor to obtain the requested insurance and charge separately for costs associated with additional coverage or increased limits. 15. TERMINATION-This agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof Such termination shall not be effective if the substantial failure has been remedied before expiration of the period specified in the written notice.In the event of termination,TSFGeo shall be paid for services performed to the termination notice date plus reasonable termination expenses. 15.1. In the event of termination or suspension for more than three months,prior to completion of all reports contemplated by this Agreement,TSFGeo may complete a report on the services performed to the date of notice of termination or suspension.The expenses of termination or suspension shall include all direct costs for TSFGeo in completing such analyses,records and reports. 16. CLIENT'S OBLIGATION TO NOTIFY TSFGeo-Client represents and warrants that it has advised TSFGeo of any known or suspected hazardous materials or conditions,utility lines and pollutants at any site at which TSFGeo is to do work hereunder,and unless TSFGeo has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits,Client agrees to defend,indemnify and save TSFGeo harmless from all claims,suits,losses,costs and expenses,including reasonable attorney's fees as a result of personal injury,death or propeity damage occurring with respect to TSFGeo's performance of its work and resulting to or caused by contact with subsurface or latent objects,structures,lines or conduits where the actual or potential presence and Location thereof were not revealed to TSFGeo by Client. 17. HAZARDOUS MATERIALS-This agreement shall not be interpreted as requiring TSFGeo to assume the status of an owner,operator,generator,storer,transporter,treater or disposal facility as those terms appear within RCRA or within any Federal or State statute or regulation governing the generation,transportation,treatment,storage and disposal of pollutants. Initial 989 CSA Group TSFGeo Proposal No.2412-753 Page 4 TIERRA SOUTH FLORIDA,INC. Unit #of Units Unit Price Total I. FIELD INVESTIGATION Mobilization of Men and Equipment Track-Mounted Equipment Trip 4 $ 1000.00 $ 4,000.00 Suppport Vehicle Trip 4 $ 175.00 $ 700.00 Per Diem(lodging,hotel,tools,etc.) L.S. 1 $ 5000.00 $ 5,000.00 Standard Penetration Test Borings (By Truck-Mounted Equipment) 0-50ftdepth L.F. 100 $ 18.00 $ 1,800.00 50-100 ft depth L.F. 100 $ 20.00 $ 2,000.00 100-150 ft depth L.F. 40 $ 24.00 $ 960.00 Grout-Seal Boreholes (By Truck-Mounted Equipment) 0-50 ft depth L.F. 100 $ 7.00 $ 700.00 50-100 ft depth L.F. 100 $ 9.00 $ 900.00 100-150 ft depth L.F. 40 $ 11.00 $ 440.00 Casing Allowance (By Truck-Mounted Equipment) 0-50 ft depth L.F. 100 $ 9.00 $ 900.00 50-100 ft depth L.F. 100 $ 11.00 $ 1,100.00 100-150 ft depth L.F. 40 $ 13.00 $ 520.00 Auger Borings L.F. 30 $ 12.00 $ 360.00 Field Permeability Test Test 2 $ 1000.00 $ 2,000.00 Maintenance of Traffic(MoT) Day 4 $ 1800.00 $ 7,200.00 II. LABORATORY TESTING Visual Examination by Staff Engineer Hour 4 $ 145.00 $ 580.00 Natural Moisture Content Tests Test 4 $ 25.00 $ 100.00 Full Grain-Size Analysis-(8 sieves) Test 4 $ 80.00 $ 320.00 Grain-Size Analysis-Single Sieve Test 4 $ 60.00 $ 240.00 Organic Content Tests Test 2 $ 50.00 $ 100.00 Atterberg Limit Tests Test 2 $ 90.00 $ 180.00 Corrosion Series(pH,sulfates, Set 0 $ 195.00 $ 0.00 chlorides,resistivity) III. FIELD ENGINEERING AND TECHNICAL SERVICES Site Recon./Utility Coordination/Traffic Control Sr.Engineering Technician Hour 16 $ 105.00 $ 1,680.00 IIIA. ENGINEERING AND TECHNICAL SERVICES Principal Engineer Hour 2 $ 275.00 $ 550.00 Senior Geotechnical Engineer Hour 4 $ 225.00 $ 900.00 Engineer,P.E. Hour 8 $ 175.00 $ 1,400.00 Draftperson Hour 6 $ 95.00 $ 570.00 TOTAL FEE FOR GEOTECHNICAL SERVICES $ 35,200.00 990 IIIII� �DIYu u* ' dP °� ,� / Ir ��wa SWDYIW� Z% �✓�" tl aM � 81 I 2 i r" ly ,yfl � I III I I u I 9 i y � ouIIYiVVVVVVVVVVVVVVVVVVVV p;p� ��/% ° luuuumlgmq, u 4� ii r' mYlu u � I r / .I � ill�ll I uuiuuV�ii' r� t d 6' Vumlmlo W J I I V , � IIIIIIIIIIIIIVI 0 Ir � i m i 991 Page 13 of 13 CSA �, UP Mr.Clark Briggs 60 �01 E S T . , anruary 28,2024 : ATTACHMENT "D" CSA RATE TABLE FROM MONROE COUNTY MSA CSAGROUIP C SA u;:;,eno,Wl,, Inc.: Ii �p Vi aa� a "our a( .,..,.., rmiv�r��ur0i N rm�r�i� ��r���ltrvwr��;f, �C�u�iP ��u�tl fir or>I�ur��irl�wY�l�pmh��fl�k=ru�J,�ro�a��u� r�� l 91�i��u�il� EnvVmmmie ,1W N� utim r a ur a,rf rµ" uk y mm�cu� ro rb r��tl lr�Cer°��iw Mu "r $90 00 m n C)00, tred1 In e�ro�r i�a wood Ju,"tumor F6@l 6i ............................................................................. „� „ SURV EYORS ....... a0osq,mw ........ ......... ......... ......... ... uu Tertni m $70 CIAO urnU rv. �m w...:................................................................... ......... ....... ........i...!! ......00 Man,y tiff ti titititititititititititititititititititititititititititititititititititititititititititititititititititititi ���� yI ,011 ti .. Ilyy 1 0 � II' i�if m arilr � Cr M� mui sw� ,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. .,.,.,.,.,.,.,.,. h"O... 15)- ------. ,csagIrWAI ,coIrn 992 10 tlI cquRf4 Kevin Madok, cPA U Clerk of the Circuit Court&Comptroller—Monroe County, Florida. DATE: February 25, 2022 TO: Judidi Clarke, PE, Director Engineering/Roads&Bridges ATTN: Nicole Twyman Executive Assistant FROM: Pamela G. Hanco k, .C. SUBJECT: February 16'BOCC Meeting Attaclied are copies the following items for your liandling: C27 Agreement for On Call Professional Engineering Services wide CSA Central, Inc. for a period of four years witli an option to renew for one additional year. CSA Central, Inc.was one of the top six ranked respondents to the solicitation. C33 Agreement for On Call Professional Engineering Services witli WSP USA, Inc. for a period of four years with an option to renew for one additional year.WSP USA, Inc.was one of die top six ranked respondents to the solicitation. Should you leave any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 3 993 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ("Agreement") made and entered into this 16th_day of February, 2022 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 CSA Central, Inc. a foreign corporation of the State of Ohio, authorized to do business in the State of Florida, whose address is 8200 NW 41st Street, Suite 318, Doral, FL 3316 its successors and assigns, hereinafter referred to as "CONSULTANT" OR "CONTRACTOR", WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida; and WHEREAS, CONSULTANT has agreed to enter into a continuing contract to provide Professional services for miscellaneous COUNTY projects in which construction costs do not exceed $4,000,000.00, and for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000.00 in accordance with F.S. 287.055 (herein after referred to as "Project"; and WHEREAS, The professional services required by this Contract will be for services in the form of a continuing contract, commencing on February 16, 2022 (the "effective date" of this agreement) and ending four years thereafter, with options for the County to renew for one additional 1 year period; and WHEREAS, Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders; and WHEREAS, Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order; and WHEREAS, The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described; 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 1 Rev. 2/3/2022 994 ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project (and individual Task Order) until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become or will become familiar with the Project site for the individual Task Order and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and 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 (and individual Task Order). 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. ARTICLE II 2 Rev. 2/3/2022 995 SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in thls Agreement and the specific Task Order. The work performed under this Agreement will be in accordance with the provisions of F.S. 287.055 for Continuing Contracts. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 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: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Roberto Levan, PE 8200 NW 41 st Street, Suite 318 Dorel, FL 33166 ARTICLE III 3 Rev. 2/3/2022 996 ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project (and individual Task Order) 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 (and individual Task Order). 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 (and individual Task Order) or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V 4 Rev. 2/3/2022 997 INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 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 caused by the CONSULTANT'S negligence, recklessness or intentional wrongful conduct the CONSULTANT agrees and warrants that the CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 5.3 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 5.4 This indemnification shall survive the expiration or earlier termination of the contract. 5.5 FDOT Funded Project will require the following language to be included in each Task Order: To the fullest extent permitted by law, the CONSUL TANT shall indemnify and hold harmless the Agency (COUNTY), the State of Florida, Department of Transportation, and its 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 CONSULANT and persons employed or utilized by the CONSUL TANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (COUNTY) Agency's sovereign immunity." ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Roberto Leon Project Management Matias Crego Project Coordination/Civil Engineering Felix Fuentes CEI Jorge Aviles Transportation Engineering 5 Rev. 2/3/2022 998 So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately, but this does not require a formal amendment to the Agreement. ARTICLE VII COMPENSATION AND TERM 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 6 Rev. 2/3/2022 999 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.5 TERM OF AGREEMENT 7.5.1 This continuing contract shall commence on February 16, 2022 (the "effective date" of this agreement) and end four (4) years thereafter, with options for the County to renew for one additional 1 year period. 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 $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. 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; 7 Rev. 2/3/2022 1000 Broad Form Property Damage and with One Million Dollars ($1,000,000) per occurrence and annual aggregate. 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. Professional Liability insurance of $1,000,000 per occurrence and $2,000,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract. F. G. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. H. 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. I. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. J. 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 8 Rev. 2/3/2022 1001 The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party 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 CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to 9 Rev. 2/3/2022 1002 termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. E. For Contracts of any amount, if the County determines that the Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of$1,000,000 or more, if the County determines that the Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for 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 attachment A, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an 10 Rev. 2/3/2022 1003 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. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT RECORDS 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 five years from the termination of this agreement and if applicable in accordance with 2 C.F.R. § 200.333. 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 five 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 a Construction Project (Project), which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors 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 CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., 11 Rev. 2/3/2022 1004 running form the date the monies were paid to CONSULTANT. The right to audit provisions survives the termination of expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 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 12 Rev. 2/3/2022 1005 Agreement. Any conditions imposed as a result of funding that effect the scope of work or individual project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101- 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 13 Rev. 2/3/2022 1006 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 11, ¶ C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The 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 by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the 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 CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 14 Rev. 2/3/2022 1007 7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. If federally funded by FHWA, FAR 52.203-5 Covenant Against Contingent Fees applies to this Agreement. 9.21 PUBLIC ACCESS. Public Records Compliance. Consultant must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Consultant. Failure of the Consultant to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 15 Rev. 2/3/2022 1008 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 contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Consultant does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Consultant. A Consultant who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 16 Rev. 2/3/2022 1009 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 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. 17 Rev. 2/3/2022 1010 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 E-Verify System Beginning January 1, 2021, in accordance with F.S. 448.095, the 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 9.30 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in 2 C.F.R. §200.326-Contract provisions and Appendix 11 to Part 200, as amended, including but not limited to: 9.30.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, 18 Rev. 2/3/2022 1011 Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also 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 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 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) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime 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. 9.30.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any 19 Rev. 2/3/2022 1012 part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4). 9.30.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.30.4 Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of 20 Rev. 2/3/2022 1013 $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 9.30.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under a "covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.qov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9.30.6 Byrd Anti-Lobbying Amendment (31 U.S.C. � 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 9.30.7 Compliance with Procurement of recovered materials as set forth in 2 CFR 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 21 Rev. 2/3/2022 1014 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https:// .epa. ov/smm/compreensiveprocur,ement- guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 9.30.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.30.9 Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items 22 Rev. 2/3/2022 1015 and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal Requirements: 9.30.10 Americans with Disabilities Act of 1990, as amended (ADA) — The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.30.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 9.30.12 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the CONSULTANT during the term of the Contract and shall expressly require any 23 Rev. 2/3/2022 1016 subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.30.13 Energy Efficiency- CONTRACTOR will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant FEMA Requirements: 9.30.14 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 9.30.15 DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 9.30.16 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. 9.30.17 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal Law, regulations, executive orders, FEMA policies, procedures, and directives 9.30.18 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 9.30.19 Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 9.30.20 Florida Department of Emergency Managrement (FDEM or Division) Requirements. If funded by FDEM, the CONSULTANT is bound by any terms and conditions of 24 Rev. 2/3/2022 1017 the Federally-funded subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division). The CONSULTANT shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONSULTANT's performance of work under this Agreement, to the extent allowed and required by law. [The remainder of this page intentionally left blank.] 25 Rev. 2/3/2022 1018 IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly the o d representative on the day and year first above written. BOARD OF;COUNTY COMMISSIONERS A e NEVI ADOK, Clerk OF MONROE'COUNTY,FLORIDA /Ox@qNf02T \ •OU Y By: As Deputy'Clerk Mayor/Chairman MONROEEpCOMM AnOHRR r�r"f'P7'RW�0 OM.22.71 CHRISTTNE LIMHERT•DARROWS ASSISTANTCOUNTY ATTORNEY DATE:JU-22 (Seal) CSA CENT L, INC. At BY: By: / Title:. Senior VP Title: Senior VP END OF AGREEMENT !V c-n cp �7• Ci 26 Rev.2/3/2022 1019 ATTACHMENT A CONSULTANT RATES 27 Rev. 2/3/2022 1020 ***vO'O CSAGROUP Y' E S T . 1 9 S 6 Attachment A—Consultant Rates CSA Central, Inc.: Classifications Hourly Rate ENGINEERS &ARCHITECTS Principal In Charge $225.00 Principal Engineer/Architect $175.00 Project Manager $150.00 Senior En ineer/Architect/Environmental $140.00 Engineer/Architect/ Environmental $120.00 Junior Engineer/Architect/Environmental/Grant Writer $90.00 Construction Manager/Senior Field Inspector $110.00 Field Inspector $65.00 Junior Field Inspector $60.00 Senior Technician (CADD) $65.00 Technician (CADD) $50.00 Administrative Clerk $35.00 SURVEYORS Professional Surveyor Mapper $110.00 Survey Technician $70.00 2 Man Survey Crew $85.00 3 Man Survey Crew $110.00 GIS Senior GIS Analyst $100.00 GIS Analyst $75.00 GIS Technician/CADD Technician $60.00 Rates may be adjusted annually 1021 RFQ for On Call Professional Engineering Services LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STAT 0-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE CSA Central, Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on hislits behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 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 frorn 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". nalurg) atea 11-15-2021 STATE OF- ........... COUNTY OF- 0,C1, Subscribed and sworn to (or affirmed)before me, by means of Q''physical presence or 0 online notarization, on C3 j (date) by (name of affi ant). He/She is personally known to me or has produced �b L (type of identification)as identification, �OTARY PUBLIC My commission expires. FRNANDOVALENFINO My COMMISSION 9 KH 194910 -44- �g E.XPIREZ:November 4,2025 A.v,m Bonded Thm NdM Pubk W"*" 1022 RFQ for On Call Professional Engineering Services NON-COLLUSION AFFIDAVIT Roberto Leon of the city of Moral, FL according to law on my oath, and under penalty of perjury, depose and say that: I am Sr. Vice President of the firm of CA Central, Inc. the bidder making the Proposal for the project described in the Notice of Request for Competitive Solicitations for On Call Professional Engineering Services and that I executed the said proposal with full authority to do so: Z 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; 1 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 statement's contained in this affidavit are true and correct, and made with full knowled that onroe unity relies upon the truth of the statements contained in this ,a ina, r contrpets for said project. 11-15-2021 signature of Respondent) (Date) STATE COUNTY OF- Subscribed and sworn to or affirmed) before me, by means of a/physical presence or 0 online notarization, on (date) by name of afflant). He/ is personally known to me or has produced (type of identification), as identification. NOTARY PUBLIC My Commission Expires: 1 1 I 0 FERNANDO VALENTINO 45 MY COMMISSION#H14 194940 EXPIRES:November4,20 Bor&d TW WZY PuW UfWerwrftm 1023 RFQ for On Call Professional Engineering Services DRUG-FREE WORKPLACE FORM' The undersigned vendor in accordance with Florida Statute 287.087 hereby cent es that: CSA Central, 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 thtat. is firm complies fully with the above requirements. Si9 ature) Date: V STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization, on (date) by (name of affiant), HeJShe is personally known to me or has produced LD L -1 11-M,-w 1-c- -__- __ mation)as identification. -(type of identif �CICNC�o voktpk""o NOTARY PUBLIC My Commission Expires-, VALMINO EI My MLSS S NOvemW 4 2025 Fq FX -46- 1024 RFQ for On Call Profi-ess ion al Engineering Services VENDOR CFRTIFICATJON REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s) _On Call Professional EngineS!,in,,-Services Respondent Vendor Name: CSA Central,Inc. Vendor FEIN: 31-1446286 . re Vendor's Authorized Representative Name and Title. Roberto Leon,Sr Vice P sident Address,., 820ONW 41st Street, Suite 318 city: Doral —State: Florida zip 33166 PhorieNtunber: 305461-5484 Ernail Address- ricoii@,csa roup.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 front bidding on. submitting a, proposal for, or entering into or renewing a contract for goods or services of S 1,000.000 or more, that are on either the Scrutinized Corn parties with activities in Sudan List or the Scrutinized Companies with Activities in the ]ran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name' is not lisic<l on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of S1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petro learn Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the subnalssion of a false certification may subject company to civil penalties, attorney's fees,and/or costs. I further understand that any contract with tile 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 !ran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By., Roberto Leon who is authorized to pa sign on behalf of the above rep&,— pa 51�. Authorized Signature'. Print Name: Roberto coil Title: Sr,Vice Presi?�e�nw Note:The List are available at the following Department of Management Services Site: UI O-J, Ala -47- 1025 CSAGROU-01 BLITZ CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) �..�--� 2/8/2022 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 Jennifer Neidle NAME: American Global LLC PHONE FAX 390 North Broadway (A/C,No,Ext): (516)231-4262 (A/C,No): 3rd Floor ADDRIESS:jennifer.neidle@americanglobal.com Jericho,NY 11763 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Valley Forge Insurance Company 20508 INSURED INSURER B:The Continental Insurance Company 35289 CSA Central,Inc. INSURER C:Continental Casualty Company 20443 8200 NW 41st Street,Suite 306 INSURER D: Doral,FL 33166 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 j OCCUR 7016302366 7/21/2021 7/21/2022 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ APPROVED BY RISK MANAGEMENT MED EXP(Any oneperson) $ 5,000 B - '-:' PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER DATE.. 2/8/2022 GENERAL AGGREGATE $ 1,000,000 POLICY JECT LOC WAVER NSA_YES PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO 7016302369 7/21/2021 7/21/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 7016302372 7/21/2021 7/21/2022 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 7015302341 7/21/2021 7/21/2022 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 $ C Professional Liab. AEH691941326 7/21/2021 7/21/2022 Occ$5,000,000/Agg 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included as Additional Insured in accordance with the policy provisions of the General Liability Policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. The Gato Building 1100 Simonton Street Room 2-213 AUTHORIZED REPRESENTATIVE Key West,FL 33040 "IG/ Y ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights res-___-' The ACORD name and logo are registered marks of ACORD 1026 DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 01/30/2025 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 Bellwether Insurance Group NAME: Bellwether Insurance Group,LLC HCNN. Ext: (954)800-6400 a/c,No): (954)935-7597 225 SE 15th Terrace E-MAIL Certificates@bigriskmanagement.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Deerfield Beach FL 33441 INSURERA: Valley Forge Insurance Company 20508 INSURED INSURER B: American Casualty Company of Reading,Pennsylvania 20427 CSA Central,Inc. INSURER C: The Continental Insurance Company 35289 1400 NW 107th Ave Ste 205 INSURER D: National Fire Insurance of Hartford 20478 INSURER E: Continental Casualty Company 20443 Miami,FL 33172 INSURER F: Ace American Insurance Company 22667 COVERAGES CERTIFICATE NUMBER: 24-25 Master 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000 MED EXP(Any one person) $ 15,000 A Y 7092588498 07/21/2024 07/21/2025 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 7092624500 07/21/2024 07/21/2025 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 C EXCESS LAB CLAIMS-MADE Y 7092624500 07/21/2024 07/21/2025 AGGREGATE $ 10,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDED? N/A 7092625906 07/21/2024 07/21/2025 (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 $ Professional&Pollution Liability Each Occurrence $5,000,000 E Cyber Y AEH591941325/DO232801A 07/21/2024 07/21/2025 Aggregate $10,000,000 Cyber Incident Limit $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Harbour Drive Drainage Improvements In Duck Key,Monroe County,FL. 1Y - Monroe County BOCC is named as additional insured z. : s WAMM ,kx CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC The Gato Building ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Room 2-213 r ' Key West FL 33040 - @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 027