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HomeMy WebLinkAbout07/16/2025 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 30, 2025 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges Tyler Jackson, Project Manager Engineering/Roads & Bridges ATTN: Samantha Yeoman Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: July 16, 2025 BOCC Meeting The following item has been executed and added to the record: C14 Contract between Monroe County and RS&H, Inc. for Construction Engineering and Inspection (CEI) Services for the Mosquito Creek Bridge Replacement Project in the not to exceed amount of$629,162.50. This project is partially funded by a Local Agency Program (LAP) grant from the Florida Department of Transportation. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE #904984 This Agreement ("Agreement") made and entered into this 16th day of July, 2025 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 RS&H, Inc., a, Engineering Consultant of the State of Florida, whose address is 17 Ships Way, Big Pine Key, FL 33043 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT construction engineering and inspection (CEI) services for the CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include providing construction engineering and inspection (CEI) services for the CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE #904982 Project, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated, and adequate for use in verifying work Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 completed and shall be in conformity and comply with all applicable law, codes, and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the scope of services no later than Thirty (30) days after Final Completion of construction by the contractor. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. The Consultant shall comply with the requirements of section 337.015, F.S. Claims against the consultant for time overruns and substandard work products not in conformance with contract specifications shall be vigorously pursued. Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 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: Ms. Christine Hurley Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: RS&H, Inc. 17 Ships Way, Big Pine Key, FL 33043 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required by the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. FDOT will not fund additional services other than the scope as set forth in Basic Scope of Services. Any additional services must be funded and approved by the Board of County Commissioners. ARTICLE IV COUNTY'S RESPONSIBILITIES, 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county-maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to, will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 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 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within the Agreement. Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDOT INDEMNIFICATION To the extent provided by law, CONSULTANT shall indemnify, defend, and hold harmless the COUNTY and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of CONSULTANT, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by CONSULTANT. The foregoing indemnification shall not constitute a waiver of the Department's or COUNTY's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by CONSULTANT to indemnify COUNTY for the negligent acts or omissions of COUNTY, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by CONSULTANT to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel (and provide resumes) to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Jacki Hart Senior Project Engineer Jackson Taylor Project Administrator Elizabeth Edbrooke Inspector Igor Muguruza Senior Bridge Inspector 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 7.1 COMPENSATION BASED ON SPECIFIED RATES 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the hourly rates or test rates outlined in Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Attachment B. in the not to exceed amount of Six Hundred, Twenty-Nine Thousand, One Hundred Sixty-Two Dollars and Fifty Cents. $(629,162.50) The individual hour and test amounts are estimates and may be adjusted as needed as long as the total contract amount of $(629,162.50) is not exceeded. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE Vill INSURANCE Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage, or $100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000 per Person, $500,000 per Occurrence, $200,000 Property Damage or $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Engineer's Errors and Omissions insurance of $300,000 per occurrence and $500,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a"tail"to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY and FDOT shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY and FDOT as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD-PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 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 sixty (60) days' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B, C, D, E and F, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or 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 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES. Consultant under penalty of perjury attests that Consultant does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Consultant, I certify under penalties of perjury that Consultant does not use coercion for labor or services in accordance with Section 787.06. Additionally, Consultant has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 9.9 MAINTENANCE OF 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 final payment or termination of this agreement. 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 final payment or termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 9.10 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 16t" 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. 9.11 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. 9.12 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of- pocket expenses in appellate proceedings. 9.13 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. 9.14 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. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 conditions imposed as a result of funding that effect the Project will be provided to each party. 9.16 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. 9.17 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. 9.18 NONDISCRIMINATION 1. 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. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The 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, Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 241 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 . Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT 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 section 119.10, 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(-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 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 fee and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.30 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR/CONSULTANT and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as amended including but not limited to: 9.30.1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, the Federal Water Pollution Control Act as amended, and the National Environmental Policy Act and will report violations to FDOT, FEMA, and the Regional Office of the Environmental Protection Agency (EPA), as needed. 9.30.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 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. § 8747 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. 9.30.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.30.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.30.5 Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, the Federal Water Pollution Control Act as amended, and the National Environmental Policy Act (NEPA). Violations must be reported to FDOT, the Federal awarding agency, FEMA, and the Regional Office of the Environmental Protection Agency (EPA), as needed. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 9.30.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.30.7 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 non-Federal award. 9.30.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the 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://www.epa.gov/smm/comprehensiveprocurement- guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Other Federal Requirements: 9.30.9 Americans with Disabilities Act of 1990 (ADA) —The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.30.11 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 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. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 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. 9.30.12 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). (h) 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. 9.30.13 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 and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the FDOT. 9.31 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract and all consultant subcontracts. a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment C. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability, or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability, or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub-consultants during the term of the contract. f). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency Program (LAP) Agreement between FDOT and Monroe County for this project. g). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29.10, Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will utilize the FDOT Equal Opportunity Compliance (EOC) web-based application designed to manage the DBE Program and ensure compliance of DBE reporting. The EOC Contractor/Consultant module is for Prime Contractors and Consultants to report their Bidder Opportunity List, DBE Commitments, and DBE Sub payments. The Prime Contractor/Consultant is responsible for DBE reporting on Construction, Maintenance, Professional Services and Local agency contracts. FDOT has a race neutral program with an 10.54% goal. For specific instructions, refer to FDOT form 275-030-11. Attachment D. The Bid Opportunity list (Professional Services Commitment) form is required and included in Attachment F. h). The CONSULTANT will complete the required county forms and include them as Attachment E, and submit the most current version of the following FDOT forms included in Attachment F: Form Number Form Name 375-030-30 Truth in Negotiation Certification 375-030-50 Conflict of Interest Certification 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntar Exclusion for Federal Aid Contracts 375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contract 375-030-34 Standard Form-LLL, Disclosure of Lobbying Activities (if required) 375-030-83 Bid Opportunity List— Prof Services Commitment Form Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 i). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT requirements utilizing the appropriate FDOT form after final acceptance as part of the project closeout process. j). Acquisition of tangible capital assets for COUNTY ownership through service contracts is normally not acceptable. The requirements of Rule 60A-1.017, F.A.C., must be considered when this is necessary. Property acquired as part of a service contract must be handled in accordance with FDOT Procedure No. 350-090-010, Tangible Personal Property Procedure. k). Allowable Costs: Determination of allowable costs in accordance with the Federal cost principles will be performed for services rendered under this contract (Requirement No. 03, Compliance with State and Federal Contracting Requirements, No. 13). I.) The Parties agree to comply with s.20.005(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.005(5), Florida Statutes. m.) Neither the Recipient not any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer, or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract, subcontract, or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Recipient or of the locality duding his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provision of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. n.) For all FHWA federally funded projects: Section 287.057 F.S; 23 CFR 1.33; 23CFR 172.7(b)4; and FAR 52.203-5 will also apply to this agreement. Balance of Page Left Intentionally Blank Docusign Envelope ID:D1344A65-8D5A-4690 A863-05665EF1 E5D5 IN WITNESS WHEREOF, each party has caused this Agreement:to be executed byits duly authorized representative on the day and year first above written. y p,('x (rSEAL). -' BOARD OF COUNTY COMMISSIONERS 1'''':' ,. :.,Attest: ���evin Madok, Clerk OF MONROE COUNTY, FLORIDA if . to e{i �� s s",,.. k �,+• F usf i �' 'iC Jq M J ';';e fr--, iei s ,,,a-- sii i ;�J�! ,fit x,:7.r,; �;;,:ia Paz deG� „�, t 0 0 1 r 1 9 4()4 1 4 c 1/ ' i • . , , ai fl..4 Q...,.:By•N ..,. By r,T w:V,y fi , As:Deputy Clerk M-1411 Chairman MONROE COUNTY ATTORNEY ..i 2� APPROVED AS TO FORM Date:.. t' If . . a;cu i - r ivy, CHRISTINE LIMBERT BARROWS SR.ASSISTANT COUNTY ATTORNEY DATE: 6/25/25 (Seal) RS&H, Inc. Attest: s . p -DocuSigned by: 05&H:tic, 6k. A Kirk F..a u rl aapof s BY r 4:ue B 'VN.l : e - ; : : Y -FF1AEDD7RBBQ1C,' .. * Executive Vice President Title- Assistant Corporate.Secretary. Title: END OF AGREEMENT /VM.y{'. r 'irk CI Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 ATTACHMENT A SCOPE OF BASIC SERVICES Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 SECTION TWO: SCOPE OF WORK 1.0 The Consultant shall provide Construction Engineering and Inspection Services (CEI) for the CARD SOUND ROAD AT MOSQUITO CREEK BRIDGE #904984 Project. The construction consists of the replacement of Tubby's Creek (#904982) and Mosquito Creek (#904984) bridges located on C.R. 905A to include two phase removal and replacement of bridge deck, cap, bents, piles, embankment wall, approach base-work, embankment, guardrail, asphalt, and striping, maintenance of traffic, and signage. The CEI firm shall be prequalified for FDOT Work Group type 10.1 Roadway Construction Engineering Inspection and Work Group 10.3 Construction Materials Inspection. The project is being administered through the Florida Department of Transportation's (FDOT'S) Local Agency Program (LAP); the Consultant will comply with all LAP requirements. The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Task Order. Pursuant to Section 4.1.5 of the FDOT's Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the Department's Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with the LAP requirements, FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Task Order unless otherwise directed in writing by the County. The Consultant shall oversee compliance with the conditions set forth in the NEPA document (Type 1 Categorical Exclusion Checklist), including all applicable plan notes and/or environmental commitments. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the County and the Contractor either directly or indirectly. The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. -5- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Milestone Dates (may be approximate) RFQ Advertisement October 26, 2024 Deadline for Questions (10 or more days prior to opening) November 29 , 2024 RFQ Due Date December 12, 2024 Selection Committee Ranking Meeting (tentative) December 19, 2024 County Commission Agenda to Approve Negotiations February 2025 Contract Negotiations March, 2025 Notice of Award May, 2025 County Commission Agenda to Approve Agreement May, 2025 2.0 LENGTH OF SERVICE: The Consultant services for the Construction Contract shall begin upon written notification to proceed by County. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, the Consultant shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty(30)working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract. Construction Contract Estimate: (Duration 18 months construction plus 90 days FDOT closeout) Bid Award Date: June 2025 Start Date: July 2025 3.0 DEFINITIONS: A. Resident Engineer:neer: The Engineer assigned to a particular Project or area to administer Construction Contracts for the County. B. Construction Project Manager: The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement. C. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. E. Agreement: The Professional Services Agreement between the County and the Consultant setting forth the obligations of the parties thereto, including but not limited -6- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 to the performance of the work, furnishing of services, and the basis of payment. F. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. G. Consultant Project Administrator: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services one or more Construction Projects. H. Contractor: The individual, firm, or company contracting with the County for performance of work or furnishing of materials. I. Construction Contract: The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. J. CPAM: Florida Department of Transportation, Construction Project Administration manual; latest. K. Department: Florida Department of Transportation. L. F.D.O.T.: Florida Department of Transportation. M. Count : Monroe County Board of County Commissioners. 4.0 REQUIREMENTS: 4.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. The Consultant shall observe the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. The Consultant is hereby designated by the County to negotiate Supplemental Agreements. However, the Consultant must seek input from the Construction Project Manager. The Consultant shall prepare the Supplemental Agreement as a recommendation to the County, which the County may accept, modify or reject upon review. The Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action or direction. All Supplemental Agreements or Change Orders must be approved by FDOT. The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for -7- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 the satisfactory performance of the Construction Contract. 4.2 Survey Control: The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary to calculate and document quantities for pay items; (2) make and record pre- construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project; and (3) perform incidental engineering surveys. The Senior Project Engineer will establish the specific survey requirements for each project prior to construction. Any questions or requests for "Waiver of Survey" should be directed to the Senior Project Engineer. 4.3 On-site Inspection: The Consultant shall monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. The County will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone traffic control plan and review of modifications to the Work Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant employees performing such services shall be qualified in accordance with F.D.O.T. department procedure. 4.4 Sampling and Testing: The Consultant shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the project for verification and acceptance. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done. If required, the Consultant will transport samples to be tested in a Department laboratory to the appropriate laboratory or appropriate local FDOT facility. The Consultant will input verification testing information and data into the Department's MAC system database using written instructions provided by the Department. -8- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 The Consultant will review and approve contractor samples in FDOT's MAC system. The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. Sampling, testing and laboratory methods shall be as required by the Department's Standard Specifications, Supplemental Specifications or as modified by the special provisions of the Construction Contract. 4.5 En Oneerinq Services: The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the County for failure of such parties to follow written direction issued by the Consultant. Services include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract, maintaining complete, accurate records of all activities and events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services- (1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre- construction conference for the project in accordance with County and FDOT LAP procedures. The Consultant shall provide appropriate staff to attend and participate in the pre-construction meeting. (2) The Consultant shall record a complete and concise record of the proceedings of the pre-construction meeting and distribute copies of this summary to the participants and other interested parties within seven days. (3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (4) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. (5) Analyze problems that arise on a project and proposals submitted by the Contractor, endeavor to resolve such issues, and process the necessary paperwork. -g- Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 (6) Produce reports, verify quantity calculations, field measure for payment purposes as needed to prevent delays in Contractor operations and ensure prompt processing of such information in order for the County to make timely payment to the Contractor. . (7) Provide Public Information services as required to manage inquiries from the public, public officials, and the news media. Prepare newsletters for distribution to adjacent property owners. The County Construction Project Manager shall approve all notices, brochures, responses to news media, etc., prior to release. (8) Prepare and submit to the Construction Project Manager monthly, a Construction Status Reporting System (CSRS) report. (9) Schedule and conduct a meeting with the County Engineering Office at least Forty-five (45) calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as-builts, necessary to close out the permit(s). (10) Video tape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (11) The Consultant shall have a digital camera for photographic documentation of noteworthy incidents or events to cover the following areas: (a). Pre-construction photographs (b). Normal and exceptional progress of work (c). Critical path activities (d). Accidents showing damage (e). Unsafe working conditions (f). Unusual construction techniques (g). Damaged equipment or materials (h). Any activity, which may result in claims These photographs will be filed and maintained on the Consultant's computer. Copies of photographs will be electronically transferred to the County at an interval determined by the Senior Project Engineer and the Construction Project Manager. The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and/or Final Acceptance. -10- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 (12) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with FDOT LAP Department procedures. (13) Provide a Resident Compliance Specialist for surveillance of the Contractor's compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll, and Subcontracts. The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested. (14) As needed, prepare and make presentation before the Dispute Review Boards in connection with the project covered by this Agreement (15) Provide information/documentation to the Local Agency to obtain approval from the FDOT regarding any proposed changes during construction, as needed. Coordination with FDOT is required to determine if changes to the project's proposed design would require a NEPA Reevaluation/Update, prior to the commencement of any additional work. FDOT requires a minimum of 15 calendar days (excluding weekends and FDOT observed holidays) to review any proposed changes and comment for all project deliverables. This review time does not include review time performed by outside agencies. If required, the FDOT shall conduct all coordination with the appropriate outside agencies during the preparation of the Reevaluation/Update. 5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT: A. The County, on as needed basis, will furnish the following Construction Contract documents for this project. These documents may be provided in either paper or electronic format. 1 Construction Documents (drawings, specifications) 2 Special Provisions 3 Copy of the executed Construction Contract. 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 County Documents: All applicable documents referenced herein shall be a condition of this Agreement. 6.2 Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the -11- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 vehicle. 6.3 Field Equipment: The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those non-consumable and non-expendable items, which are normally needed for a CEI project and are essential in order to carry out the work under this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. The Consultant's handling of nuclear density gauges shall be in compliance with their license. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 6.4 Licensing for Equipment Operations: The Consultant will be responsible for obtaining proper licenses for equipment and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the County, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON: The Consultant shall keep the Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant's performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. 8.0 PERSONNEL: 8.1 General Requirements: The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Not all positions listed below may be required; however, personnel performing a specific task must have the qualifications required for the task. -12- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Unless otherwise agreed by the County, the County will not compensate straight overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Specialist. 8.2 Personnel Qualifications: The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the Consultant within one week of County notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for obtaining the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team but shall not be at any additional cost to the County and should occur as workload permits. visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The County Engineer or designee will have the final approval authority. CEI SENIOR PROJECT ENGINEER -A Civil Engineer degree and be registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six (6) months and six (6) years of engineering experience two (2) years of which are in major road and bridge construction), or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with County standards. Also must have the following: Qualification: FDOT Advanced MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post- tensioning Tendons" (If applicable) Attend the CTQP Quality Control Manager course and pass the examination. -13- Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 Certifications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CEI PROJECT ADMINISTRATOR-A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road and bridge structures. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning Tendons" (If applicable) CTQP Final Estimates Level II Certifications: None Other: Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience. CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High School diploma or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in CTQP Final Estimates Level II course and maintain a current qualification. CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High school graduate or equivalent plus four years of experience in construction inspection, two years of which shall have been in bridge and/or roadway construction inspection. Must have the following: Qualifications: CTQP Concrete Field Inspector Level I CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level II (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable) -14- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 CTQP Grouting Technician Level I (If applicable) CTQP Post-Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level Certifications: Nuclear Radiation Safety Or a Civil Engineering degree and one year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. 8.3 Staff Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 9.0 QUALITY ASSURANCE (QA) PROGRAM: 9.1 Quality Reviews: The Consultant shall conduct semi-annual reviews to make certain his own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one month after the review. On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two months of the start of construction. 9.2 QA Plan: Within thirty (30) days after receiving award of an Agreement, the Consultant shall -15- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization to assure conformance with the Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Reviews: The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Records: The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D. Control of Sub-consultants and Vendors: The Consultant will detail the methods used to control sub-consultants and vendor quality. E. Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and County procedures. 9.3 Quality Records: The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 10.0 CERTIFICATION OF FINAL ESTIMATES: -16- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 10.1 Final Estimate and As-Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Consultant's approved QC Plan and the County's Procedures. Submit the Final Estimate(s) and three (3) sets of final as built plans documenting Contractor's work (one record set with two copies) as follows: (a) Within thirty (30) calendar days after final acceptance; or (b) Where all items of work are complete and conditional/partial acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty calendar days, the final estimate(s) will be due on the thirtieth (30th) day after conditional/partial acceptance. A memorandum with documentation will be transmitted to the Director of Engineering Services at final acceptance detailing any necessary revisions to the pay items covered under the conditional/partial acceptance. The Consultant shall be responsible for making any revisions to the Certified Final Estimate. 10.2 Certification: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Department procedures. 11.0 SUBCONSULTANT SERVICES: Upon written approval by the Construction Project Manager and the County, and prior to performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. 12.0 OTHER SERVICES: Upon written authorization by the Director of Engineering Services or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. C. Provide on- and off-site inspection services in addition to those provided for in this -17- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Agreement. 13.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to this Agreement. 14.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 15.0 THIRD PARTY BENEFICIARY: It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 16.0 COUNTY AUTHORITY: The County shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. -18- Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 ATTACHMENT B: HOURLY RATES o LO LO CD Q co o Goo ti o ti LO LO N 14- LO c�0 ICN Q � I-- cc C=) � LO o LO O� CN N. O� N a <1M o z z Do' 0 Do L Q �6� � 000 o a olio tits' ti U-) H O CO Cli cN 0 CCf O N m 6g 8g U1 ti O W) 1CI - 111:t O .it O W � CD OWC 2 R V C C CY U) oLotto � Q � N 00 CO 00-007 4�7 Or N N O O O > O O O p Lq Lq Z O O O O O O LO LO N ca O O O O O p N Q O O O O O O O O C � C> O O O O LO � � O O O O U-) O O O Q O O O O L U') O O O O O O O p U') CD Ln LO CD O O O O O O O O O O O O O O O y LO LO J O O O O O O O 0 0 0 0 O Q O O U-)0 0 0 U-) L N O m N O f` 0 M CO C1') Ln p � � H N Z O O O O en,bF}yg y} y} tg b9 ++ Cn 0 0 O O O O O O O O UiU') 0 0 0 0 0 0 O O O O z LO O LO LO O LO 04 �CO CO � N � CD N N N M r J co O O O O EA e3 H3 69 69 E!}Q O O O O O . " w a CEO O ~ a aa ❑r- a >+ o u, z w w w 0 wco = U O O O C O� N H N CV M CO N ";4- O O U � G O O 6g p 0.- N Cc R LJ.. 4o} Cl) C.D CD C C z W ®® O cm2 m m LL w • C '� 4 � 00 I—, LO C eo v OD Q c U) o u °6 o ' C ,c 2 ;; ;v � o cy [If � •� u, an cn o o ,� • a y 0 O 00 oo z y C7 . d Z CN > Z Q j �'o y H Cn � H cp w w Q �_�O L cm cwco o co �, M V LJJ cc LUN OG v o - OG 'p o O C) 0 O O N C� m J L O q� m Q - 70 Q > �C �C eo m :.a m c v v .N 0 0 m Q Cc E m y W CU Cc Q Q o Q c W J Co J J J U J CA 3 t� O 0 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 ATTACHMENT C FDOT FORM 375-040-84 APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT Docusign Envelope ID:D1344A65-8D5A-4690-A863-05665EF1 E5D5 For S S `R ES"C NN (' S. F' G F OR,F E DEFRAL-PdaD C0NT ,;TS ,A��I'IF"F D1 1.: A fill ft is i ,5 a: ", at the services,in di e the,expenditure le y s: 1�� � flowing � s,applyu�ucy contracts�n� � � � I � r ,r A. It s u s a a-g; that 'l is ol• ;l el ti g to,inspection.re ie p I� caopyr ply s ° , ��� -hons,n7aps,� cost;records,relarxV, to this Argre e „e .t shalt/also be,res,er an ' e15 u o -eld Un�ed States i s s s u ,� � Ps^,II n sw i I i �es ,� � ; reports prepared'or r er iAgreement.ass s II � III ;gethef with, sup ,.pries and,chart5 derivedtherefram 's madie,fror, ire an , °< ,beco �*thve pfope.rtyofthe Agiercy upon oomvoleton,or,r � i n l on or1 ni th-° 5 . ; available, � n r � the A e � ,an ti- �� ance °�such ��r�use �� a i nre ur�R ,�e ��� rs ;rcr � �le �cn or tear° �� c^ s A,ro �� �� �� �� eul��er e„ ger�ccr s - �urnents,, iy„e�, . . gen , well �, e, e o,st^ ��i n° in accordance w� F Chi p�ter°119,Fig ida S tutes Tbe,Consuuftant wmil] ,,t c��p° i hit n ° rial and uc� s, r'I�p t , n � ,,developed n� �this greedent,,. e Agency wi av e, tyre ^ryOt to,wish the,site fbr inspr tion cd the w r end the,p � ; n m m e CcrsItr�t Y C. z is,u nderstmod� ,%`agreed tha t in arder to � i w erami,par,tuccO, i,no su -1 ement Beer n—eM o,,,f'an y nnatur- ` 5e enber ed, in'to 5 . I.�°es herelo,W,"Mi,regard r e rformfed,h eqeunder v ft out the,ap provadof" rye U r S.Departraent of" sportzben,a niytli ing cant , in th is Agreememtnot w Ah s f in e Co su ' s ,l pmmde access �eFloridae t '"r>>ra t (rb fe t�, no su5rec° =nth,° Fe er l ,i� ,� r ,,t„ ti n Y �, � t e . p�;rt Fir° s^ the, (Cor�pdm, ffer Gieneizill,of the h-e,(Sinited StaMes.c"r an, .it 14 41 authorized,represent tr es tc o s. . cu ��e�n pap _,,,and records Gf th e C. si a W1h,i ireedy peflinenl,'Az di at s e, rf,, -, r c fdf e P,I pose,c^ g id',ft'w exam m bon,excerpts and transeniptons. E. Cora t i„ Re uI ; , �g� n . uv�e nsu�l, � � n �i� t �e;,Fl, ul � �,�:� �II �l� e tc pr �, s of e ..3-Depa rt o Tr sp akion Ti 2 Code,c"1 Federal Ra l ", 'I,as,they�> " amended mane r ;N tirne tea bnrie,,(hereinafter refeq,7ed to as eelgulticGns),which,are herein nc omit, b)yreferenoe and m�3, e a pan of 1fi i� .,- ,t F. o n ischmin tion: The Consultant,,with r l � � �, , ,� to t. e� pe� ���n,;e ur �,�. t�� �e�ntr °°, s �w�ll t � �n �"�, is race",cclo�r�N o� i ort�i ,see,age, ,s i e"�� ��,,� ,,�or�� .� st �t�,ts in e,s�, -. ,�cn �n� re�tentrcn�� of Ub,cc r ;o�� `,y iii, u i ;, fir a e�r is �f�, e ii� n ,e , eg i� � nt,. e� fl p i it el s . either ire, o �n re 7 i the sc,r rn t� p h i ^Sept 2 .5--of&*R eig u laations,iin )I n p c ,.nit practioes wh e l ntr t cover sa pqqggrar keth in Append ix E of th o e : I k o s m G. [ ^^��,, ,s, , u n ,ts,Including"in Procoemoenels of M er"i is aa ndi E, i' .scent In,sly solicitatons 5e 5 -e u.bidding crw oti, o ct u ns� w�t�either �rrr tit, � � e e rer°a s;,utaxAtract,Onlud,",i procuremu eats of, r h v and$eases of equipment,,each,potenbal su r , t supppli r "r be,nct»ffle the (,' nsdftant of the C nsuft; t�s vbdigatioris under,,itsmntrad and >i oe Regifla on l relalive to di rin-ri ,, o the m , I r, religion orfamily suns- H ui ation, ,t e �� l�-e �s The��c s� �l°���-,t "lii � e��11� ��� ��� °", � -���s r- �^r��e� rt t e,:I It�i, ,^ ,�,, ,. ves, issued puirsuaMt thefetz,, h1I s,books.recoirds,accountts,Dother yrr-*s i, c . " gin,and u1s - 1i es as may be iyy the Looal , ncy,Florida n " of,7"r s rt i ,"Federal,, A ins ,Federal 7rans,it oA m nis r t ,Fed era]Aykat mi.ni'sl,"raton,,,,w,.dlo)r F d-T otor erh er C ,)e y A mirn��str t I e, ne t°Vic, ort n r plc n �su egule�ti�o s or ;e rm instru��t ns,µ �e ire of,the, onsid ant�ss ri,s the e cl"usave, ssess� "a c anWvheir vft fails or, sksses to°um,its thisii. n is ^u IIXI�I�.m r ^J u r n RV �, II. r�w e Iry tv e ^ I nt s L, l Agency,Fl . i �p , er�1, Fr ,,s t �F e l Iig; n � � w , � I� w � �m �q art. II niin�s Y io y,F erc l Faro t ,i t i,F- Aviation int,st�r° ,c� , � ; re Feder ;� t Carrier Ad .i its� t on ,,�� p iN N^ ;r; ,s ha I I t hu wh at of orts, i Kas m, to obtainte,i; f c u �.n Iior�the _ e °�°F -C ;Gas, Int s r���or� �� I,,, �� ,�n ��� , on ��^I ^ LL e wAh,'the i °;`orms; of th is contract-, I e cy i M,pozse s U"Ch c ntr t sanction s �°c r t -F i 3 Be part,7* Of T .n rt) on,,N Fe er ii ^ r N% °„r r F�ederal"Fr sit , inis �ticn,Fee , Sri ^Administration, an&br Federal oCanner Safe4y, Adrn,i s on ; , e �,,i to be but not ited tc.. 1 in of''payments to theConsuttaartt underthe con'tract unIfIthe Consuhaznt complies and.fbr ne^tion cr—sus the oon tra ct,�in'Whole0,F. in paft. rhroorpor-atiall or Is��: e Fcr�s1Ir � ill�n � e pr � is� rs 'Paragraph�trclu Y1 e ,er s5�c ���,racl, including,procure oe its I'malerials and,leatses, o �,iprrent unless exeni t i° a Regdaty ns,order,or ins dion's Docusign Envelope ID:D1344A65-8D5A-4690-A863-05665EF1 E5D5 LOCAL AGENCY PROGRAM FEDERk L-AIDD TERMS �.N , N �If. ,,, C fur, 9 For T, Ilw� � issued p,,uoFsua,,,,nin,,thp-.reto,., The,Consultant shall take such aebticrn, respect any stt,,bcontraxt orprocuTernent as the L, Agency.Ronda,D*parlment `Tmra'sper a ,� ar iF� inis ra ion,,,Federal'Tr W„°i ii i,s " fa, " Fe, r;zl A i 'ion°Ar i�nis r ° n,an for the F `beral t c car Czirr,e "�a�e �A n ;��s;rah �may dire as a,, ,ea�ns ' en c'r i g su �provisions,in }N ,� g saneticxns ftr noncomjpkanoe. In tffie ever,i1- oonsul } ;'beDoomaesionvclved in,of,J rein itl�lr „ "c r su su1 cr"s i s result su recta i,1, e 3w n �o ant, a r®m ueest e Local y° enter i� ; rh t"1 e ire° esr �c h L �,�4�.w z, i 1" c s ,;° may es t dtke`U n i°t ed Slates m e ter�i � ;siu I itigat on, to prccdect t hoe i° tere5 s of the a wlyd e Eta' s° es and A I tes °F ie "ti Rights, � .19 4 `° „rC,,,, 2. K. Co �� �f� n' �? cn �;s� ��ii; �� � � ° �� �N � ,et°seg ( rc b"s inatian on the is of race,colon.n'a, nal cn i -and,49 CFR; , Part,21,E" Un c Relocation Assistance yea ��' F1�cs " 190�J��N4 lNw .C. ll�t e ; rs s displaced or , °e"projo*,rly h1as been aoqui tise izif Federal r Fed,',ecaf-aid pmgrzams and projects); Federakkd Flip of 9 3.( 0 U.S.C.§32A,et s_ .)N :��s i serimn,J n>a,rr n cin the asp of se x);S c rc n 504 off d7pe,,RI bili.tabon ,,,. 1 "� .�� � - .. ., �,n,IB"u...' ,� �,<4 ..." ,, ,,� fi w, .... �uY w wl, JY' f' 4,9� .. c:c 1 . " ° ,, ,yen w ibi i t i a n e"basis refdisability);and F Pa, .27 � i 'III w' i, ', Tr'�e Age,IL1iscr � a� ,. � 9T �ors; ,per e.�>� U.S.C.�.�� �1' et se � � ' �n,�, �I I ,�5i i ire r� i s��.s, o i� :; ;` �-„. N �u, � m�'" m� �,� �' "Irma �, °� f May l Nve >eir�,t o'1902".l4 . C 4 1, e mn 4 1 ZY e rcl it� �i; "rn ,ate , se c race, w pe , zdcg, c ral fin� sex);�T e Rig hts,is Res i n� � 11, (F � oIBroa e e scope, er�� e and ap'pfi c bifit°c Fib_ 1 of tyre il�evil IFlt�g A,�' " I,I,The is l� n rna i n Ac � n n c��t, �e lie' rt cn Ad""of 1 73,by expa , hg it e Tie fi ntigan,,of the l,,errr s pr in l ad e,,all of th,e p rograms or Y des,c a Fe°`' ,l-aid recipients,su pients,aridoontrxtors,, lie; r"such prograrns,or c i"4 , ar F 11° cr n ) T es 11 ,lil l f re e r' s , Disabilities ., is prohibit ° i atii e'Sas s c �1 m �, t, r " , n Jn ,e c ", p 6bl. ee tim e s„ tic w,,e bran s',; 'n s:;� ilk s&, a .��c .o��. m,end: . � i tea m % m� III ° J�yid•m w' "' i k�"'' ,, "-� 5 a e c,T�ir n ti ro r.� l ati s °t °9 C.F.: - a� s 3 '.. .�. �I 1 °1 °1„__ 1 '1� s� ale,>' p„ and °� � � _ . , �; � ��a '� � w ,� �� 30;T e Federal Av�ia�tic'n�A inis��� ii�c s" cn� �� rn �cn stamu 49,U.S.C. 4 1..3i�i rc � �t lsc �,� n ,e bassis, r Auk,°,res°s�E nv m er t, l Jars"t, a inc~ri "" ccYl r,a na rcr-ral n n,,,, Nn se r,»N, ec ut, e �r er 1 9 Fe r l, ns c in Fc ,� ,;i s an. Lc. I l rl t s�v Luc ens! es c arrr mat ln, ulat' ,s J, c "ur° ° s� policies,a 'd activiibes with; visprc i natel ig and,adverse human hteafth effects,on , i °"tb and i -"n , pcp rrns. xif - Ordi-:,r 1,3166, Irr1proV Aceerss tc Services ibrr Persons, witrh L mnite i Eingl F r c nc , resodting ags-:,ncy gujdwz,, e,,,national origOn isc i wus°e c fi lie' lis TD e isure=npliwce, 74e 1, you,mnuvvt,a'"e re s � s eF's, e) sine that LEF; rs have, rneaning l access to your prograIms,(7,0 Fe .R egg,, at 7403 T to,74 Ti le I ct, ,,. E,,,d,,uca iiitri A,m I mneid,s c f 19 T 1',,as sor n t:rn �ca of see>; e u�c at, s ore ivAlies i"' '. :C.1 �N 1 e soe rnen, e .� F �, �� you�rcn��l 9 g� L. i is°te,, „:t c Me ers c', ong ss: the,UMed,St-ateswill'be, , ��lh to any a e or,park ct°this contraot omr,to an y net,a ris, tt,,aretorn i�z ct F li'c vials: No member,er,c �-r wi� employee smployee afthe,public body or ofa local, i lic body IdUhnghis nurev��r°�r cane �e; r "!. eters�ra�` s ere `. '�Fcr purposes 1hispr u rall r� ci r s i )si„ s af Stafles-and� -li c cc rations,bos dsmand comm. sions esta, _ under _[ �s� ��� -.., Part i p o A Ert fines C' ns Ala' us� a�11 agree'to bi e by the folk "ng s ,er;ent t ronni�49 CFR 2 d 13( ) This stateim,ent sell beincluded:n;all su se ,uen1-e'greem*snts ate n the Co n s0lan, tarAar�y rzuboD n s u t n.t ter°cent°rack.,. r°ill nc �� c ine " n� e su,,, I, cns,u1" n,su rep'� n�� rlgrn„h min e Ape ;nc�e � is., r� c� "' cn� c��r all c �u ; � ` le�" a iir-la end,cl 49 CFRR Part,,26 in the x and a lrninis,M,ionof D s e trac s iF i,l'ure l-re v ,cnsul ant tc oiu,t° e,requirements ui ens is material reach of this, to i guy,re, lit in °e' in i�c�� , 1 i rcontra ct cr er,s° rer�nre ' s the rectpien eems, p rc ,i.ale,, t 49 F .` �.11 cw,, e ; ,+ws Itr t shall su i° c unit" Ii - i e bra eye"c > w an shall en it 10}E commit ,ant°an e °,Ii�� t , in the,Florid) .a ° e of T, s ° �unfty Compl; n E CAI syslemd,. The Consultant,shail re es° r.,, es°ws lothe E, , system using Form,Nra. 0. Prompt Paymeni, c° and Retum ctw Retainage 't °u i eConsultant wffl p c ies owed to s t s pliers or cAther ri es within thirtyl '310)days of theCon,sultant receirving,payment,ftom);tlte Lxzai, Agercy. = e LoI Agencyis Ntii 'kfthholding re,t A g e c ,cansruft3nts. To the exlen e sele'c i -rs retlain , e ftim its, '. ~nsuftants)N, it must t-e w � d,,in, its entirety-wift",,,lhlirty 1(30,) dayrs '��° satist t,o c > iw co 'e s'u5�c nsul �work- The LocaiA cy is. e arbiter of Whaltowf),stitute's satirsfaclory co 'e4ck,r%. T ese Apr v ions ty tD 1 s°ul ants W � I hers su c ir��g F. 6llftiis,mutually un ers tood and-al rem as the wil ig°W,,'s Sri ,ion,. �isti n 'r rr��i,s�, res at rc i resp e a�to )r fa ds. ° rely e '� e pro.ect, 'W s .sari in this.A fire,�. ienl'is �� �bc of �*Federal Law.Acocr in lyy,i�� �i �w t� s e', .- Tie 18,,Section"10.2��0,is hereby,i �r°-abe l by i eremz IIII made�a i is mAgreernen. Docusign Envelope ID:D1344A65-8D5A-4690-A863-05665EF1 E5D5 575111'1140.$tAl For C N L'RCTS rofoy_ Mki"r , "I''F, Q. if 'is un erstcod nd'agar° ,d,t zit i ; Consul"taut at n ' ��e lea ��th �e it � ion it p �id,, �° °Local ern iFen submitted or N„� , �� p�l'i ���J,� �� �CE .Y,,,°��,e�e��tw � ' °I, r� �� � °��- ° �� 5 imm �errcneoujs ah angedo� u st, nces e CCCISUllant shall ow -�mrr*diaite r°ten �cf tm, r Local'Agency'.,It is.;��� ,,. that �),,e dl use t° 4 "'Certi ka f Regard g Debarnient,,,SuspensJon,my ,i it �°and Vickuntwy,Exclusion _ LowrerTier vve ,Trans ion"'as set fndh in 49 CFI ,.Sectim shall 5e°in a °G by,the,Ccnsuttant in all Imer tiercowerpad,transactions and in aor'e nt e rani mguiwicn,, The Lw.,aal Agency herk&y lceff"i iow s, ne r tie Consu nt or t, e, : �.r l°ant s�repres rtati has� eJ by °° the o a'r,Ag k �y arse 'orin i�reo� as an e s air implied coon d,i'on in r� n ton w obtainingorcairying this contra„ ., iploy or relmin or a ,eie°to e p loy w,retain,an y 5 n rn or perso,n 1,or 2. pay,lior agree to paxy,to a; P, ,persion,or o;rganiz za°cm, ,,fee, m ut,"ion,donatto ides axtion o aryy kind-, The Local A � er es t � �;,rs,amgr n rrt i i %°��� i°s°,�� �Ya 4_,ral agency,J� :�mm� on h1his 4 ract inwD1'mgd funds,,or°pats o e - is leoIlk u to Federal s, ,both civ'1_ S ThsConsultarmt hereby Oas riot. u, emplayed �,n or ' r rom n, en , r ,, n � e,GYP"o r, n i n, n firm or person „ot er°, b ,e e 1 r " ,a [ ° solely i"or the ., e o tor)t sa it " ri�ecuree ih,iis emn trao agnme ,as, � dition for o t iinir this o° tram to _, F i o ;n e teas or ,„o o min t° ;e° � �s o��; N,, i,�a or , in �; r rg llci is contract;'o 3, paid,or„agreed' o p ix persan(ather, thian a bores fide ed,p"' ee"'mrking,sd ° w th e vie��° �ctc ' anA °eoe o n rtron,,loon �i. �,r, oons� rat of r�dll r'l or n connect „�With,� .p,T,Dc*,rin,,g or o z gig Mire r� c� _ i g � y es at trs�- ;ree� nt ` l _ r-n�s a to e� .,�I �enc „°° .��to Off Florida� e ent of T ns ire"tron an ya f, e ai c ��n oon nactr on rt:h is n° t involving� rt,,ior at n F, ,er A°i in n,s°,an is,su j c to appkizalb4'State and F, 'aral Laws, of ors inal arvd dvf. T. mim_C onsu t it util izre t ,e UC.Deqprhma nt,of H c metand Seouri 's E,-V syste,i 'sh eG e TFl e.t el igi Wily,o ne � yees hired by the C'i r� r �� t e to �� e C o � t and,shalle� rest ' r�e uire:.an. subwntpp.racwsi orb,air prowting semioes,purse rt too e C-ontracultz,lid is ili e the 'S.ire a e t, o Hmelannd 3 ecou i 's E-Veri ,'ws,1y the em),ipfoynient eli dbdl "afi,nevi emm pto(y „s h. re°Y'by,this, su ur w the Contaidt tee U. Ctlean Nr Acc7he C r nt' ees p, ,,h apGplicaifble stzanvdardmo ers, lor,regul4njomsis e su t Mien AJr Act(42,U5%.0§74D 1 el,se ),as ,merry ._ 'T, e Consu �,ret°agrees tfio ire port each viclaton.to, r �Florida,Depammrnent cO Tr ns cor undo tans and,"a reers t apt= ;-L Deparl,ment will,,in ui ,repoitpearch v of wt,i s required Fars n di ic .iti=on to ttre Emergency r EFe eral t � t gen ,, ,N�,t e; g�rc r�note minsentl Frutecion, ;n,,oy,fRe-giar4l, e,, e Consultm4,agrees to m K ode these, s,lien ea ;r submantract ex irrg$1,50,GoOD financed in whote,or Jin, r1 with Federal,assist oce e e °l„ er Pdfl tib ontrorl ,e ` e S -sul nt ag;� " ;ALL with ii��a to s sr orr" . r i ,s ssued ursaat°°to the Fe,derail Water Pollubon,SoActi33 U.S.C.. t� Ise s , eni_ra The Consultant agrees to kmiude,these r'e ,iui e ,insachi,su nVac e: ',in $1 ,G0­D financtfed in e or in part with Fe Kraal asses Uce, E yrd Amrti-Lotboy°n m Consultan t°s award ar a eon tramt 1 0, g iorr,i, re sh a, r 5Ie th,e regu i l i c n..E, rtffiesce rmlhe fiefr aab<we thaat nots nc4auused, Federal approp6aled fUnds le pay any peqson or Docusign Envelope ID:D1344A65-8D5A-4690-A863-05665EF1 E5D5 PROGPAMv m^ m P* r id I 'L,r n for i enc"ii„ U , _ i° ' of Congress, org " a n or „ � , any Federal conr ,or ,, o r. �e r 34 1352.Eac m ties shall alsodisclose any lobbying v'Ah„ _, ' yes place in oonn t inin Fe e l a . Such is °lm:i s re, , airy e�° ,o tier°to tier a recipient,wtio in `'il fe arri tie cer l FORN I ISCL OF LOGSBYING AvCT1VJT1',,'E,, "'3 ON FEDERALAID CC ' CTS-( ,ormplianoe ° i ^ »F R.Sect on.2111 G ` r�1 Thi e 0-onns;Utan t c Pert ifi es at: ,1,3)N,o if, re e upcW-ri- nd s h ave been�pa i, or� �� p i :, y ix, on, e of thle,Corr , N am y pemcn for in I u e crn o r aA,)em-,pting to,inou�,enc*.eithe r odfire , cr rnd �of Ficerorr em, , of an. s ,J agiei nz. me,,, beer,° e " Congress,. �a�o � �r or�_,:� .gee Congress,, ��e o� ,, ,, of n e° n on Wfth dle e air, i ,0 of any-Fe er -i e ng of an y Fed erzt, r 4:1,,the, e in; of„ n y F I to .thfe ennterrs i to e ag ree ant,anmd the e:ten sin,contnualicn.,irerme° I,a me nfd m,,ern,'., °`�cffli.ati '� F v ��1 ,,ntr arct,grangy log or e: r a e eeme (b V, fu n .s N e" � n e die-mil, ro "� r s e,ve �,an m a nt Fay i r it e,paid to any n m rsan for i n ��,e�rrc og of attempting too yin ueme,,an ;��� ''or em " e c(Pj,any Fed e�� e», : ,,a Memt er of'Congaress, an c*,r or e plo yee. of C,angress,orr an eim; oy-, � ern � t n sur �" ' � � r Congress rasa connector,� ��, �„��s Agreement, C � ulna shall iiic ple " ��, , ` r F -LLL.'Disl�oure of L� . ing "vie i0 �'i Th,is.cem n is ar i gate 1 repro � �"a wn up cm i r°e�'�°� � was, 1 '�e en W ro ;io is er uisi°te f k oar e terin��rs � «�cs - "f�� s �� a or° °e �';i ®,� � °rssrc ',� � ,� � �� is,, P" �" R�� as a, a or°e�neree rn .Su ,rli�nrssioY�r ��"� ���o "on`is prerequisite, � ,� o ant nn ��nto t�r ti �w ..Any 1so n e requi fi s-hall be subject 1 to a civil� ."I ' not less pan ', , ,gin not �or a "n 1 ,,v wr e ic-1 rs �') iI 3)The U °- ° rrs L ;�en s- e��'��ns� �°���n��� � ��im�r`es�� � ��sign, �,� contract � . � e,. � ��� � � require,"& ngtiag;e cyf this cert n b included in afl low, r~lie;si , 1;a , ;I i e:; "' 1 0,01GG'G°and al", ll su ,,J su recipients oer-ti and, m Statement f' Leos .Guarante a.,nid Lcoam l °slur. e th,eu n dersig e sues of th,erb est of h is ix h er k nowleidge an�d,bskef, `�, 'L; person for°infl,°;e ci , �" m ting Flo in a aenofficer" _ p, fee of arvyagency,a Member,of Commgmessan offlicer ore plcyiee ern.ploiee of a Mernler. af,Congriss°s in cormys-cion° is i ., _ undef,signed sill com,plete andl su ,' S'Uardard Fo _,LLL„" is re F°o to l,ea m,Lo in ,"1"in accordzilm its emu: ass o this statement is aper uusrte t � or entenng� n° ; �b imposeid d sect 1, 2.t tfe 3 1 U-S.,C ode.An y personta i1s,toftem th ere Lji to���e ,be-sit b ct,Ito a civi f e �ty o less th an 1 G,GO-0 am i�dl ncl,"Yrina n 1 f(or e„ J]tFe. W Buy �, ,, - the e ems°c �u; is e, with a the non,-Federal'oral � l t; e e". �r, e s �, r, ait � t exteM',p racli cable imber a F er° l' Baird 6 :e r°e,, ren f e . ,, c . �i; use f" s products, rears gals produced f th-e l nited °ties"(including but not,kimitedaluminum, steel.oeNl nt,o' f( cd er aanufacturaed pro, uct°s.The,requireiments,of this section mustbe,in y m, ,all baw',ar s i u'h ,aN o n'tracts and purchiase orders for ruc` under t.ss � r: F'I ern a f ar r�, � in �, f the, n States e, tor. l � s'_ r ts�,. rat F ��s u° 4r°in i r,o� _,s w e initi ° el � s fah oe a fi b`o n °s,occurred,in e Unitied,States,,,, "Manuf re ro imeans it_ s fishtoorr7� ,,e GIs � o � a or i� art ° on-„ i s metals such ° x; r ipe� s suc m " coon r e"-gAaass,in&t,din„g optical fibe,)r,and 1,u.de :° core, Feder' agencies proar �n � for","in 's' "c re projects Hunt%nip erm',.tthe Buy " er°ta pre°feirenc set , ,l in 2 CFR,part 1 a - Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Attachment D FDOT DBE Instruction form 275-030-11 Docusign Envelope ID:D1344A65-8D5A-4690-A863-05665EF1 E5D5 �� EQUAR7UNrrY OFFICE CBE PACKAGE INFORMATION .N � DBE Utill',J.,zation; the e eri t; e. an its D 3E race neutral p,,rograniJanuary 1, ,0 m . Cantract&poecffic figo is are not pi° creel on FederalfState couritr- cts,� tiro ever, tihe Dep,,artrneiit has e r overail 1 achieve. In order to assist cotitrattors itn ret.e nJni r,, their DBE corn°, i i,e,nt (level, the Departmient has reviewed tl�ie ester i tes for this le fting. s you relp„are, your t id"� p:feaze rnoi it v�,r potential or an'tircipated DBE.,uitfiLzation for contracts. ' e",n the Jow bidder e eo tes the contr ct, itl°i r e Dep, ent.i,,n,,f6rmzt,,ioni will be re rreste ° of the corrtractor"s D BE partz,,,Jp,,at,ibn for tl e project.. While the u`tiliz t; n, is not mandatory in order to be a" r e tyre pr fectl, corgi Huhn i ti�l�, tenon of DB,E fern s on conlr° cts. °s jpports tl e suctess of Flom 's D �E, Rirogrmm, andf supports contractors`Equa.,,lErnploymerit D portun ity and DBE ffir 1, tiv e"Acti ri Programs. Any project listed as,0% DIRE avai',,Jabifity does not,i e n that a, D rE may not be, on'that t project. o w F DBE availability may have been esta b sl ed d,,,u,,e to an,Y of the following reasons: �liF.r,mite :identified u bcontraGfintg oppportunirties,i ini,-i nl contra ct ;z 9 andtor small contract,do,lar, v,,OU i t.. Contractors a re encouraged enco,,,,,uraged to it e n " N,,, op«pafttinffies t ,s cGn act mto LSE E"s. ,cruse,co n ta ct tine E qiiu a 10 p,,,portu n rty o <i ce at 65"O 414,-4 7 47 rf m oLii have a q aestio ins reg,ar d i ng tth,is, infori iazti i . RepottingDBE If you are the prriirne m ntr ctor orr a proect,,., enter your r IiI E ertici tio!ri�� in the Equal Ospofftuniity Coni,pliance system pr�Jor to the pre-construction or pire-work conference, for all federal and state funded roiects- This w itt not,be,com,e a rn a n d a to ry,pa rt.of the,comer a ct. It . iii assisµt tyre D e rtimen't in trm mEing ailidreporting pielanned or estimated DBE ut'ifizationm D,,urt tl��e cotintr .ct,the riri e contractor is required to report act,ual p ;r� eats two DBE, and MBE s i,l cointracrto ,roil theweb-based Eqitial Ipf o% r t i ompliai°ice EOC s swte . ail D BE p a,i'n7ierrrts ni ust e re p,arted whh e thf er or,riot y,oar rrriti ]ly p la rune `ze t�,,e�co, �, r� l�to rd er fo r our race neutral DB E Rrog,',narm to be su ccessf iil,yout coo r ration is rmper ti e. if you h,ave and uestioi s,, lease contract E , Help clotst ,te.fl.us.. Bid Op ortuni, ` e e,aer i,, rogram rre ti res States to maintain a datab a- e o firms that are parflcif,paling or ttenippti,n,, to piart;icipate orr FD t -w ssiste corgi acts. The lust cmust include all ,rms that 1,id on prime contracts or bid orquote subcontracts,on F DOT- ssistei i pf0jeCtS, i;ri,cl�ui.i ding l oltl° D °"s and urn - E Es. Pleiaze co Mete the Biddersrspporn it List throughthe E oIporturMR o iplo`a,,,, ce s ster it in 3 business days of submission of the bi or ropos l r,ALL subcontractors or sub-Consultants, l o,quoted to yo,,u,far specific project for is, letting., tiewe ress to the Equal"D portunAyC oni, tia,nce system isY�i-itts:r�; @ f got.� o .iu Flo,„p� rori°i e c.sti°trrru. Docusign Envelope ID:D1 344A65-8D5A-4690-A863-05665EF1 E5D5 Z7 S-MU-11 STNTE 4:PF'FLOROA CHEPARTM ENT 03F'7RM'SF0R,7A7'IYON D EQUAL CkP POR.7"UMMf 4DFFZE BE BID PACKIAGE INFORMATION Cl Page':of 2, DBEYAA Plans, Co n tra cto rs lei d d i n g o,,,,.n,,F"D 0 7"c antr a cts ere to lave a in a p p roved ed D 6 E it maxtive A utio-n P I a n(F D OT F o,�,r m, 275-120-11 B)on file wifli the FDOT Equal Op,,,,,, or 'ty p u�,ni , Office bet re exiezutior'n of a ccnntr,'act.DBE�A,A P[an is nest berece0ved wit',"h,the coil ntractors,bid or,received by the Equal Op,,,',,por,1unJty Office g,",riior to th(e lawa,d f" the cont,,nritet 'Plans are app�rcrv'ed by die'Equal Opportunity Oiffxe in accordan,ce with, Ch. 14-78, Floriida Adminicstrative ,Co,d,,,,e,. Plans.tin,'at do not ni,,eet tlii�'esil ma;,ndatory may riot,be apprrovled., Ap p��,'rovals are,for'la ,(3)three,year pe6od and shou,"Id L�e'uupodiatfed at anyfirne tlliere, is a Ghangle in the conlpa:ny's DBE Liaisoni) Office,r are dlor resit derg t- Contractors niay evidence adoptian of the OBE/AA, P&Jicy an "la n anidfor a, change in the,demzignated,DBE Liaison c­ffi,ce,,,r asfollows,'." Print the first page, of tl e. dacurnent on company stationery (,"Ietterh end"), th a,"t indicatesz dille, coni,pan'lis nanne,,majNng add,,resz,phone, etle. Rrint tie complanv's naim lie in tr',,'he 'w,space; next to, "Date""prinn't the motithldavilve'ar the olic is being signedr recoord the siignatire of I.,he cormpany"'s C":,,hJef Executive OrfTnzaer,,, Pre's"ident or Chai,r, ;,in,pe error 'the space next to""by0'and print,the it first and lest nanie and, of flhe official rig;niing t1lie pa',,"ficy.. addrew,blusiiness mailing address,and phone,number Prin,t the DBEI Liaisoon's fuill name,le�n%zixjR thie,,b,ottom ofemaff. E-mad tie,cornpleted a.,,,nd signied DiBE AA Plan to: eleofotmis(, "dotstatcfl.us.' The Departnient wi[i]review,the por'licy', up,,date departmenti,,records and issue a rtiot' c,ation of apprrow a,[ar disa,ppl�r,ava,[:,a c e R co.yof t le suty,',,mitt, d,,.pla,,'n wi[Irtnt be,,,ret erne d'toll the contractor'. Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 ATTACHMENT E: COUNTY FORMS Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms IlRespoinse Fainirn RFQ for CI Services for Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito,Creek Bridge#9,04984 ATTACHMENT E: COUNTY FORMS SECTION FOUR" RESPONSE FORMS RESPOND TO- MONROE COUNTY BOARD OFCOUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT ,GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 1 acknowledge receipt,of Addenda No.(s)#I,#2, #3,#4,#5 I have included: o The Submission, Response X o, Lobbying and Conflict of Interest Clause X o Non-Collusion Affidavit X o Drug Free Workplace X o Affidavit attesting to Noncoercive Conduct for Labor or Services X o Respondent's Insurance and Indemnification Statement X o Insurance Agent's Statement X o Public Entity Crimes Statement X o Vendor Certification Regarding Scrutinized Companies Lists X o Certification of Disclosure of Lobbying Activities on Federal Aid Contracts X o Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid',Contracts X o Conflict of Interest Certification X o Truth in Negotiation Certification X o Bid OpportUnity List—Professional Services Commitment X In addition, I have included a current copy of the following professional and occupational licenses. Jacki IHart, PE, Rob Bennett, PE, L,EED AP, Juan Vasquez,, PE "Check mark it above as a remi,nder that tho 11re include,d.1 Maifing,Address:, 17 Ships Way Telephone: 954-775-6949 Big Pine Key, FL 33043 Fa,x-,, N/A —Date: 12,/12,/2,024 signed: Witness: A William Downey, PE, LEED AP (Name) TA NIOTARY Vice President . Ic Pub (Title), FZ10 r� -65- �, ,, C013 Monroe County CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 54 RS&H and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms 111..........olblbyiing aind Coin'-ftict af 111intelrest Clause RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creep Bridge#904984 .............. LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETA IGS CLAUSE RS&H, Inc. (Company/indivdUal)warrants that he it has not employed, retained or otherwise had act on his/its behalf any former,County officer or employee in,violation of,Section 2 of Ordinance No., 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 0 10-1990. For breach or violation of this provision the County,may, in its discretion terminate this Agreement without liability and may also$ in its discretion, deduct from the Agreement or purchase price, or,otherwise recover, the full amount of any fee,commission, percentage,gift, or consideration, paid to the former County officer or employee 1,Ll ,i , o, William Downey, PE, LEED AP ll� � (Signatur�,� '77, Date- 12,/12,/2,024 STATE OF,, (aa COUNTY OF: S bscribed and sworn to or affirmed) before me, ly means of 11 physical presence or L7r,`online on (date by )k (name of affiant). He/Sh����) T known to me or has produced as identification. (type of identification) A 0 NO"FARI' NOTARY PUBLIC �'' PUBI ic My cornmission expires,: � C Vs 0 -66- Monroe County CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 55 RS&H and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms imain iioin Affidaviit RF'Q,for CEI Ser,Vicesfor Card SOUnd,Road at Tubby s Creek Bridge,#904982 and Card Sound Road at Wsquito Creek Bridge,#904984 NON-COLLUSION AFFIDAVIT 1, William Downey, PE, LEED AP _according to law,, on my oath, and under penalty of perjury, depose,and say that: I any Vice President of the firm of RS&H, Inc. the bidder making the Proposal for the project described in the Request for Competitive Solicitations for: Professional CEI Saari cesfor Card Sound Road atr Tubby"s Creek Bridge,# 2 and Card Sound Road at Mosquito Creek Bridge 0904984 and that I executed the said proposal with full authority to do so. 2. The rates in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting, competition, as to any matter relating to such, rates with any other bidder/responder or with any competitor. 3. Unless otherwise required by,law,'the rates which have been quoted in'this proposal have not been knowingly,disclosed by the bidder/responder and will not knowingly be disclosed by the bidder prior to the opening of the responses, directly or indirectly,, to any other bidder/responder or to any competitor., 4. No attempt has been made or will, be made by the bidder/responder tc induce any other person,, partnership or corporation to submit, or not to submit, a, proposal for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full I nowledge that Monroe County relies upon the truth of the staternents contained in this affidavit,in awarding contracts for said project. '12/12/2024 William Downey, PE, LEED AP p ( )o"ignture of Respondent,), Date STATE OF: COUNTY OR Subscribed and sworn to or affirmed) before me, by means,off-I physical presence,or E2,16"niline, the undersigned authority, who, after, first being sworn by me, (name of s individual signing) affixed his/her signature in the s ace provided above on this Qday of 20 A NOTARY PUBLIC NOTARY PUBLIC My Commission Expires,: *8 C'0A3 ­67- Monroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 56 RS&H and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms it iiFree Wairikpilace RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at, Mosquito Creek Bridge#904984 ............... ---.. ...... DRUG­FREE WORKPLACE, FORM The undersigned vendor in accordance wait h Florida Statute 287.087 hereby ,certifies,that,°; RS&H, 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 drugabuse in the workplace,, the, business's policy Of maintaining a druig-free w,orkpl�ace, any available drug counseling, rehabilitation, and employ assistance prograrns, and the penalties that may be imposed upon employees for drug use violations. 3. Give each employee engaged in providing the commodities or contractual services that are under, bid a copy of the staternent 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, he employee will abide by the terms of the,statement and will notify the employer of any conviction of, or plea of guilty or no,lo 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 (51) 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,throe gh 'implementation of this section. As the person authorized to sign the statement, I certify that this, firm complies fully with the above requirements,, .................William Downey,, PE, LEED AP —7 Rn esp o, t.s Signature, -121/1 2/2024 Date Subscribed and sworn to (or,affirmed before me, by means, of 0 physical presence or online, the undersigned authority, ho, after first, be,ing, sworn by me, a , above on this.- day of.,, ;-2024.ffixed his/her signature in the space provide SA L. 0 NOT L. PUB B NOTARY' ,PU BLI,C My Commission Expires: 6 Vt in,e -68- C 0 Monroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 7 5 RSSH and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Affidaviit AttestiIingtoIIII Ilr IIII °°° Canduct Fair Illr air Seirvites RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge#904984 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: RS&H, Inc. Vendor FEIN: 59-2986466 Vendor's Authorized Representative: William Downey, PE, LEED AP - Vice President (Name and Title) Address: 17 Ships Way City: Big Pine Key State: FL Zip: 33043 Phone Number: 386-527-5281 Email Address: Bill.Downey(a rsandh.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: William Downey, PE, LEED AP - RS&,H, Inc. who is authorized to sign on behalf of the above referenced company. /2 Authorized Signature:r/-//- ZA. Print Name:William Downe , , LEED AP Title: Vice President -69- RS&HMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 58 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms IlRes�llpaindein"'U IIn IIII Iln IIn IIII III III IIII" IIII " IIII IIII Stateirnein't RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge#904984 Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $1001 000/$500,000/$1001000 General Liability $300,000 per Person, $500,000 per Occurrence, $200,000 Property Damage or $500,000 Combined Single Limit Vehicle Liability $50,000 per Person, $100,000 Per occurrence, $25,000 Property Damage or$100,000 Combined Single Limit Professional Liability $300,000 per occurrence $500,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS 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. 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. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. FDOT INDEMNIFICATION -70- RSMMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 59 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms IlRes�jjpaindein"'U IIn IIII IIn IIn IIII III III IIII" IIII " IIII IIII Statement RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge#904984 To the extent provided by law, CONSULTANT shall indemnify, defend, and hold harmless the COUNTY and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of CONSULTANT, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by CONSULTANT. The foregoing indemnification shall not constitute a waiver of the Department's or COUNTY's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by CONSULTANT to indemnify COUNTY for the negligent acts or omissions of COUNTY, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by CONSULTANT to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." RESPONDENT'S STATEMENT understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Aw William Downey, PE, LEED AP Respondent Signature INSURANCE AGENT'S STATEMENT have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Commercial General Liability(GLO1466409-02) Prem/Ops&Prod/Comp Ops:$25,000 Business Auto(BAP1469564-02) Liability:$50,000; Comprehensive:$5,000;Collision: $5,000 -71- RS41Monroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 60 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms IlRes�jjpaindein"'U IIn IIII Iln IIn IIII III III IIII" IIII " IIII IIII Statement RFQ for CE I Services for Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge##904984 Liability policies are X Occurrence _ Claims Made Brown&Brown Insurance Services Insurance Agency Signat Joshua P.Be(* m Print Marne: D062474 -72- t RS&HMonroe County CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 61 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Ceiirti'-ficate of 11hinsuraince ACC OR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/11/25/ 0242024 Y) ��,,,,.'' 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 Lori Duvall CIC NAME: Brown&Brown Insurance Services,Inc. A/CON o Ext: (904)565-1952 FAX,No: (904)565-2440 10151 Deerwood Park Blvd E-MAIL Lori.Duvall@bbrown.com ADDRESS: Bldg 100,Ste 500 INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville FL 32256 INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: American Guarantee and Liability Insurance Company 26247 RS&H,Inc INSURER C: Travelers Property Casualty Company of America 25674 10748 Deerwood Pk Blvd S INSURER D: Continental Insurance Company 35289 See Second Page for All Named Insureds INSURER E: Jacksonville FL 32256 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25 Liability 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 UBR POLICY NUMBER MM/D/YYYY MM DD/YYYY LIMITS POLICY EFF POLICY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 300,000 CLAIMS-MADE Fx_]OCCUR PREMISES Ea occurrence $ X I Blanket Al-PNC MED EXP(Any one person) $ 10,000 A X Blanket WOS Y GLO1466409-02 06/28/2024 06/28/2025 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRO- POLICY�JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 77". OTHER: o„A-�?28.25 $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ 2,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y BAP 1469564-02 06/28/2024 06/28/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X Blanket AI X Blanket WOS PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 29,000,000 B EXCESS LIAB CLAIMS-MADE See Attached 06/28/2024 06/28/2025 AGGREGATE $ 29,000,000 DED I X1 RETENTION$ 10,000 $ WORKERS COMPENSATION X1 STATUTE ERH AND EMPLOYERS'LIABILITY y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A WC0411471-02 06/28/2024 06/28/2025 (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 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#:RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982&#904984 Monroe County and FDOT are included as Additional Insured with respects to General Liability and Commercial Automobile as required by written contract. Umbrella policy follows form.30 Days Notice of Cancellation applies except 10 days for non-payment of premium.All coverages are subject to the terms& conditions within the policy forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County,Attn:Ms.Judith Clarke,P.E.,Director of ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Services AUTHORIZED REPRESENTATIVE 1100 Simonton St,Room 2-216 , Key West FL 33040 m ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD RS&HMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 62 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Ceiirti'-ficate of 11hinsuraince AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown Insurance Services,Inc. RS&H,Inc POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes Umbrella Total Limit:$29,000,000 Primary$9M-American Guarantee and Liability Insurance Company;Policy#AUC-1469558-02 $10M XS$9M-Travelers Property Casualty Company of America;Policy#EX-6T35064A-24-NF $10M XS$19M-Continental Insurance Company;Policy#7039681430 NAMED INSURED LIST: HB&A,LLC Reynolds,Smith and Hills Architects—Engineers Planners,P.A. Reynolds,Smith and Hills CS,Incorporated Reynolds,Smith and Hills,Inc. RS&H Alabama,Inc RS&H Architect and Engineer,P.C. RS&H Architects-Engineers-Planners,Inc. RS&H Arkansas,Inc. RS&H California,Inc. RS&H Commercial Realty,Inc. RS&H Idaho,P.C. RS&H Illinois,inc. RS&H Iowa,P.0 RS&H Maryland,Inc. RS&H Massachusetts,Inc. RS&H Michigan,Inc. RS&H Mississippi,P.C. RS&H Montana,P.C. RS&H Nevada,Inc. RS&H Ohio,Inc. RS&H Oregon,Architects-Engineers-Planner,P.C. RS&H Pennsylvania,Inc. Tsiouvaras Simmons Holderness,Inc. ACORD 101(2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RS&HMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 63 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Ceiirti'-ficate of 11hinsuraince DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 11/25/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Greyling COI Specialist Edgewood Partners Insurance Agency PHONE FAX 3780 Mansell Rd.Suite 370 A/c No Ext:770.756.6599 A/c No): Alpharetta GA 30022 E-MAIL greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Lloyd's of London 85202 INSURED RS&HINC INSURER B RS&H, Inc. 10748 Deerwood Park Blvd South INSURER C Jacksonville, FL 80237-0000 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:927201592 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE FIOCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY❑PRO- F LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED . PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY 1K (Per accident p� ry $ UMBRELLA LIAB 28 25 EACH OCCURRENCE $ � OCCUR I?A i EXCESS LIAB CLAIMS-MADE k AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ Y/N OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab B0146LDUSA2404894 6/28/2024 6/28/2025 Per Claim $5,000,000 Incl.Pollution Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982&#904984 Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days'written notice(except 10 days for nonpayment of premium)to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD RS&HMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 64 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms ic ciiri III me Statement RFQ for CEI Services for Card Sound Road atTubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge#904984 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a, conviction for public entity crime may not submit a bid on a contract to provide any, goods or services, to a public entity, may not, submit a bid on a,contract with a public entity for the construction or repair of a public, building or public work, may not ubm,it bids on leases of real property to, public entity, may not be awarded or perform work, as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact, business with any public entity in excess, of the threshold amount provided in Section 287.01T, Florida Statutes, for CAT EGORYTWO for a period of 36, months from the date of being placed oil the convicted vendor list." I have read the, above and, state that neither R,-S&H, Inc. (Proposer's name) nor any Affiliate has been placed on the,convicted vendor list,within the last 36 monthis. jj�/?' 11101, 1� /? 11........... his41� (Signat6fe) 12/12/2024, Date: STATE 0 F: COUNTY OF: Subscribed and sworn to or affirmed) before me,, by,means of 0 physical presence or if"online on the, day of jkamba 12024, ------------ by m--- (narne,of affiant). He/She is person y known to me or has produced (type of identification) as identification. ly 0 NOTARY-PU NOTARY' r PtfhLic x �;�z d'Olne 14.�, My Commission Expires:_--( C OA3 -7 3- Monroe Services M County I CEI Sices for Card Sound Road at Tubby's Creek Bridge#904982 65 RS&H and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Veindair Ceiirti'-ficatian ii°��zegaiirdiing Sc in i zed III p II IIII ..........i RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 and Card Sound Road at Mosquito Creek Bridge#904984 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 and Project Description(s):Card Sound Road at Mosquito Creek Bridge#904984 Respondent Vendor Name: RS&H, Inc. Vendor FEIN: 59-2986466 Vendor's Authorized Representative Name and Title: William Downey, PE, LEED AP-Vice President Address: 17 Ships Way City: Big Pine Key State: FL Zip: 33043 Phone Number: 386-527-5281 Email Address: Bill.Downey@rsandh.com Section 287.135, Florida Statutes prohibits a company from bidding on,submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran 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 listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: William Downey, PE, LEED AP-Vice President , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Ile Print Name: William Downey, PE, LEED AP Title: Vice President Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida:com/business operations/state purchasing/vendor information/convicte d suspended discriminatory complaints vendor lists -74- RS&HMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 66 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 ATTACHMENT F: FEDERAL HIGHWAY ADMINISTRATION FORMS Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Ceirtificatiain iiRegairdiing IlDelbairiment, IIII IIII IIII IIII IIII IIII IIII IIII" IIIIVolluntairy IlExcilusibinfair Fedeirall Aid STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROCUREMENT 11/15 INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Contractor: RS&H,Inc. By: William Downey, PE, LEED AP Date: 12/12/2024 Title: Vice President Instructions for Certification Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the Excluded Parties List System website (https://www.epis.gov/),which is compiled by the General Services Administration. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 6 RS&HMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 °°°°� and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Illr" IIII" IIII " IIII IIII " IIIIDiisdlosuire af i..........olblbyiiingIII iiFedeirall kid STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34 DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT 02/16 Is this form applicable to your firm? YES❑ NO If no,then please complete section 4 below for"Prime" 1.Type of Federal Action: 2.Status of Federal Action: 3.Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan Year: Quarter: e. loan guarantee Date of last report: f. loan insurance (mm/dd/yyyy) 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and 0 Prime ❑ Subawardee Address of Prime: Tier , if known: RS&H, Inc. 17 Ships Way Big Pine Key, FL 33043 Congressional District,if known:4c Congressional District, if known: 6.Federal Department/Agency: 7.Federal Program Name/Description: CFDA Number,if applicable: 8.Federal Action Number,if known: 9.Award Amount,if known: 10.a. Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if (if individual,last name, first name, Ml): different from No. 10a) (last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is a Signature: 46?1Z VJZ' .,.M- material representation of fact upon which reliance was placed 7f by the tier above when this transaction was made or entered William Downey, PE LEED AP into.This disclosure is required pursuant to 31 U.S.C.1352. Print Name: y> > This information will be available for public inspection.Any person who fails to file the required disclosure shall be subject Title: Vice President to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.: 386-527-5281 Date(mm/dd/yyyy): 12/12/2024 Federal Use Only: Authorized for Local Reproduction Standard Form LLL Rev.7-97 RS41Monroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 68 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Cainfliict af iiiinteirest Illr" IIII" IIII " IIII III " Ilr CoIiiri ,-taIiiri,-t/CoIiiri"tIirac"toIiir STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CUREMENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRO OGC-1/20 FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that I will recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships)which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement Information").I understand that Procurement Information includes, but is not limited to,documents prepared by or for the Department related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers").I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals,financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel"). I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such request to the Department's Procurement Office.I will also maintain security and control over all documents containing Procurement Information which are in my custody. agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Department or may otherwise be a violation of the law. agree not to engage in bid tampering,pursuant to Section 838.22,Florida Statutes. realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22,Florida Statutes.. Advertisement No./ Description Financial Project Number(s) Solicitation No RFQ-573 RFQ for CEI Services for Card Sound Road at Tubby's Creek Bridge (FDOT FPN 447769-1-68-01 & #904982 and Card Sound Road at Mosquito Creek Bridge#904984 FDOT FPN 447770-1-68-01) Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signatures Date William Downey,PE, LEED AP _ ���„ ����������� 12/12/2024 77 RSMMonroe County CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 69 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Illr Iiin imegotiatibin Ceirtificatiain STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30 TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT 05/14 Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR,the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1)year following the end of the contract. For purposes of this certificate,the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department,whichever is later. RS&H, Inc. Name of Consultant By: William Downey, PE, LEED AP - 12/12/2024 Date 0 RSOfMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 °°°° and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms Professiaii eiirviicesIII III IIII" Illr III STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-83 PROFESSIONAL SERVICES COMMITMENT FORM PROCUREMENT 10/24 Submit this form as required in the Request for Proposal or alternatively, at the time of Expanded Letter of Response is due: Contract/Advertisement No.: RFQ-573 I Prime Consultant: I RS&H, Inc. Project Description: Construction En 3ineering and Inspection Services for Card Sound Road at Tubby's Creek Bridge#904982&Card Sound Expected percentage of contract fees to be utilized by DBE(s): 25 %. (Combine DBE Prime and DBE subconsultants, if applicable). Expected percentage of contract fees to be utilized by Non-DBE Small Businesses %. (Combine Non-DBE Small Business Prime and Non-DBE Small Business subconsultants, if applicable). The proposed Prime and subconsultants/subvendors'work is as follows: Non Type of Work % DBE/ Prime (List each type of work separately, of overall DBE Small Non only one type of work per line) contract Business amount Small Business RS&H,Inc. 10.1 55 ❑ ❑ 10.3 5 10.4 10 Dhoose III o se a iii lii III iii,.ii,.i� C III o sl,, a iii°i lii I: 'iti CIII i)osi"; &II liiI: i1''1 ( III 1 0 1:1&i i e iii'r C III o s iii.iu lii I: i',ri C III oose :iiif°ii lii III iiif.,i C h 0 0 S 1 CIIIoosi C h ID 0S 1 � SEµ CIII oo iiif.iu li4 I,1'1 is III l o S e :gym I,111 S( C' iii"' lii I iii°. CIII�o e&II li4 iii11 cdII� Gun lii�I:&ii i C h o e a n t CIII s e&i lit iii CIhoose Non Type of Work of overall DBE Small Non% DBE/ Subconsultant/Subvendor (List each type of work separately, contract BUSIneSS only one type of work per line) Small amount Business PINNACLE CONSULTING ENTERPRISES,INC. 10.1 25 ® ❑ ❑ 10.4 5 ❑ ❑ ❑ ❑ ❑ ❑ IIII ��,���: :iiif°ii lii II iii ❑ ❑ ❑ IIII :iii. lii t iiiI s e ..m ❑ ❑ ❑ (::;III oo m: 4&1'1. ❑ ❑ ❑ (-d III I oo s e ❑ ❑ ❑ C'iooseiii°i lii 111 iiif.ii.°ii ❑ ❑ ❑ CIhooseiii°iu lii III iii,..°iu ❑ ❑ ❑ RS&HMonroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 °°°°�1 and Card Sound Road at Mosquito Creek Bridge#904984 Docusign Envelope ID: D1 344A65-8D5A-4690-A863-05665EF1 E5D5 Tab 6 - County/FHWA Forms ProfessiIII eiirviices CoIII III rnit iiFaiir III m STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-83 PROFESSIONAL SERVICES COMMITMENT FORM PROCUREMENT10/24 Non Type of Work % DBE/ Subconsultant/Subvendor (List each type of work separately, of overall DBE Small Non contract Business only one type of work per line) Small amount Business ("I 1,'I)ioc�se El El El CI`100S,E.,, El El El CI,wose&,­i� te ri­� El El El t&en. C�,molse&,'i� tE�,d`ll El El El Total percent for Prime and Subs committed: (Note to Consultants:should be 100%when submitted to FDOT) 100 Total percent for Prime and Subs remaining to be committed: (Note to Consultants:should be 0%when submitted to FDOT) 0 The percentage column must total 100%for Prime and all subs. Please note,the number one ranked firm is required to enter DBE Participation in the Equal Opportunity Compliance(EOC)System subsequent to contract award and any future contract amendments or task work orders(if applicable). DBE status for all firms can be verified by using the DBE Directory: https://fdotxwg02.dot.state.fl.us/EgualOpgortunityOfficeBusinessDirectoEy/CustomSearch.asp Small Business status for Non-Professional Services firms can be found here: https://ssrs.fdot.gov/Reports/report/PDA%20Reports/Public`/`2OReports/EOOSmaliBusinessCertification Report Small Business status for Professional Services firms is located here: https://www.fdot.gov/procurement/internetReports.shtm#gual By:William Downey, PE, LEED AP Title: Vice President Date: 12/16/2024 Monroe County I CEI Services for Card Sound Road at Tubby's Creek Bridge#904982 72 RSOf and Card Sound Road at Mosquito Creek Bridge#904984 ACC'`" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/26/2025 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 Edgewood Partners Insurance Center PHONE Greyling COI Specialist FAX 3780 Mansell Rd. Suite 370 A/c No EXt: 770.756.6599 A/c No): Alpharetta GA 30022 AD RIESS: greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Lloyd's of London 85202 INSURED RS&HINC INSURER B: National Union Fire Ins Co of Pittsburg 19445 RS&H, Inc. 10748 Deerwood Park Blvd South INSURER C: New Hampshire Insurance Company 23841 Jacksonville FL 32256 INSURER D:Westchester Surplus Lines Insurance Co 10172 INSURER E: COVERAGES CERTIFICATE NUMBER:708792993 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY GL5489501 6/28/2025 4/1/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE � OCCUR DAMAGE TO RENTED i T PREMISES Ea occurrence $300,000 � irMED EXP(Any one person) $10,000 6 27.25 ,,, PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: WAN"WAX GENERAL AGGREGATE $4,000,000 POLICY� PE� LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY CA5309780 6/28/2025 4/1/2026 COMBINED SINGLE LIMIT $2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY APer accident D X UMBRELLA LIAB X OCCUR **G48655828001 6/28/2025 4/1/2026 EACH OCCURRENCE $30,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $30,000,000 DED X RETENTION$1 n nnn $**See Below C WORKERS COMPENSATION WC072113410 AOS 6/28/2025 4/1/2026 X PER � OTH- B AND EMPLOYERS'LIABILITY Y/N WC072113411 (CA))) 6/28/2025 4/1/2026 STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liab B0146LDUSA2504894 6/28/2025 4/1/2026 Per Claim $5,000,000 Incl.Pollution Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) **Umbrella limits are comprised of the following policies: Primary$5M Policy#G48655828 001 Westchester Surplus Lines Insurance Company,effective dates 6/28/2025-4/1/2026 $5M 1st XS Policy#020744026 Lexington Insurance Company,effective dates 6/28/2025-4/1/2026 $5M 2nd XS Policy#XC3EX00722251 Everest Indemnity Insurance Company,effective dates 6/28/2025-4/1/2026 $5M 3rd XS Policy#EX-B444902A-25-NF Travelers Excess and Surplus Lines Company,effective dates 6/28/2025-4/1/2026 $10M 4th XS Policy#FFX 8018772548 The Continental Insurance Company,effective dates 6/28/2025-4/1/2026 Re:706-0001-XXX. Monroe County BOCC and FDOT is named as an Additional Insured with respects to General&Automobile Liability where required by written contract.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days'written notice(except 10 days for nonpayment of premium)to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC; 1100 Simoton Street AUTHORIZED REPRESENTATIVE Key West FL 33040-0000 iIVJ;pr� n!4rNlwn rau�m- '"""hmmr. � r wr6. ho ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD