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HomeMy WebLinkAboutItem C09COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting March 11, 2026 Agenda Item Number: C9 26-0607 BULK ITEM: Yes DEPARTMENT: Engineering Services and Roads TIME APPROXIMATE: N/A STAFF CONTACT: Tyler Jackson AGENDA ITEM WORDING: Approval of Amendment 2 to the Agreement with CW3 Engineering, Inc. for engineering design and permitting services for the Key Deer Boulevard (North of Watson Blvd.) Roadway Project to extend original contract expiration to 60 days after completion of construction for post design services at no additional cost. ITEM BACKGROUND: The northern section of Key Deer Boulevard from Watson Boulevard to the end (approximately 2.6 miles) is in need of repair. CW3 was awarded the engineering design and permitting contract in the amount of $862,539.38. This amendment revises the original contract duration to allow for FDOT plan reviews, final design completion, and post design services by providing additional time for these services to be performed. PREVIOUS RELEVANT BOCC ACTION: October 16, 2024-The BOCC approved Amendment 1 to revise the contract to reflect that payment under the contract will be by lump sum amount by task, except reimbursable expenses. July 17, 2024 - The BOCC approved contract with CW3 Engineering, Inc. for Engineering Design and Permitting Services for the Key Deer Boulevard (North of Watson Blvd.) Roadway Project in Big Pine Key in the amount of $862,539.38. March 20, 2024 - The BOCC approved negotiations of a contract with CW3 Engineering, Inc. the highest ranked respondent, for Engineering Design and Permitting Services for the Key Deer Boulevard (North of Watson Blvd.) Roadway Project. February 15, 2023 - The BOCC approved submitting an application for a Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) grant in the amount of $6,148,052 to partially fund the repair, resurfacing and elevation of Key Deer Boulevard north of Watson Boulevard on Big Pine Key. The approved grant will be programmed in the FDOT work program fiscal years 2026, 2027, 2028, and FY 2029 to partially fund construction services INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Amendment STAFF RECOMMENDATION Approval as Requested DOCUMENTATION: CW3 Amendment #2 CW3 Amendment #1 Key Deer BLVD executed CW3 Engineering Inc_Executed Contract FINANCIAL IMPACT: No change from original Agreement Effective Date: March 11, 2026 Expiration Date: 60 Days after Completion of Construction Total Dollar Value of Contract: $862,539.38 Total Cost to County: $862,539.38 Current Year Portion: $862,539.38 Budgeted: Yes Source of Funds: 304-27020 Indirect Costs: N/A Grant: County Match: Insurance Required: Yes AMENDMENT 2 TO THE CONTRACT FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY BOCC AND CW3 ENGINEERING, INC. FOR THE KEY DEER BOULEVARD (NORTH OF WATSON BLVD.) ROADWAY PROJECT THIS AMENDMENT 2 to the CONTRACT is entered into this 11th day of March 2026, between Monroe County, whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter the "COUNTY" and CW3 Engineering, Inc. whose address is 5783 Bayshore Road, Suite 113, N. Fort Myers, FL 33917, hereafter referred to as "CONSULTANT". WHEREAS, on the 17th day of July 2024, the parties executed a contract authorizing the CONSULTANT to perform Professional Services for the Engineering Design and Permitting Services for the Key Deer Boulevard (North of Watson BLVD.) Roadway Project, for an estimated not to exceed amount of $862,539.38; and WHEREAS, on the 16th day of October 2024, the parties executed Amendment 1 in order to amend the CONSULTANT's compensation from an hourly wage rate to not to exceed lump sum amount of $862,539.38; and WHERAS, in order to allow for FDOT plan reviews, final design completion, and post design services, the COUNTY seeks to amend the Agreement to include updated Representation and Warranties section of the contract to provide additional time for these services to be performed: NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CONSULTANT agree to amend Article I, Representation and Warranties, Section 1.1.8 of the contract as follows: 1.1.8 The Consultant shall complete the scope of services no later than 60 days after final completion of construction for the design of Key Deer Boulevard (North of Watson BLVD) Roadway Project. This AMENDMENT 2 is effective March 11th, 2026. In all other respects, the Contract approved July 17, 2024, as amended by Amendment 2, remains in full force and effect. Remainder of Page Left Intentionally Blank In WITNESS WHEREOF, each party hereto has caused this contract to be executed by its duly authorized representative, BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CW3 Engineering, Inc. Consultant BY: ---Mayor/Chairman BY. TITLE: The foregoing instrument was subscribed and swam to (or affirmed) before me, by means (SEAL) of Ophysical presence or L7 online Attest: KEVIN MADOK, Clerk this day of FC 1 2076 ?QAO&2�-, by BY: (AJ/Z/Gg-j- As Deputy Clerk Who is person known to me orwho( pr du d a driver's iiceW as identificatio DATE: NOTARY B STAT fill MY Commission HH 38308o Expires 4/512027 Print, type of stamp commissioned name o no MONROE COUNTY ATTORNEY APPROVED AS TO FORM CHRISTINE LIM8ERT-BARROWS SR ASSISTANTJ..OU ,,,,�Ty ATTORNEY DATE: 26__ 4 �cou �GJS COURTS w °°fi A Kevin Madok, CPA o ...... �' Clerk of the Circuit Court & Comptroller — Monroe County, Florida LROE COVNSy DATE: November 7, 2024 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: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: C9 1 st Amendment to the Agreement with CW3 Engineering, Inc. for engineering design and permitting services for the Key Deer Boulevard (North of Watson Blvd.) Roadway Project to amend consultant compensation method from time and materials using hourly wage rates to not to exceed lump sum amount. The previously approved contract amount of $862,539.38 remains unchanged. 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 AMENDMENT 1 TO THE CONTRACT FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY BOCC AND CW3 ENGINEERING, INC. FOR THE KEY DEER BOULEVARD (NORTH OF WATSON BLVD.) ROADWAY PROJECT THIS AMENDMENT 1 to the CONTRACT is entered into this 16th day of October 2024, between Monroe County, whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter the "COUNTY" and CW3 Engineering, Inc. whose address is 5783 Bayshore Road, Suite 113, N. Fort Myers, FL 33917, hereafter referred to as "CONSULTANT". WHEREAS, on the 17th day of July 2024, the parties executed a contract authorizing the CONSULTANT to perform Professional Services for the Engineering Design and Permitting Services for the Key Deer Boulevard (North of Watson BLVD.) Roadway Project, for an estimated not to exceed amount of $862,539.38; and WHERAS, in order to amend the CONSULTANT compensation from hourly wage rate to not to exceed lump sum amount, the COUNTY seeks to amend the Agreement to include updated Compensation section of the contract: NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CONSULTANT agree to amend Article VII, Compensation, Section 7.1.1 of the contract as follows: 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance for this Agreement based on work completed. The total estimated amount of eight hundred and sixty-two thousand, five hundred thirty-nine dollars and thirty-eight cents ($862,539.38) will apply to this agreement. The CONSULTANT shall be paid monthly. The total fee of $862,539.38 will apply and is estimated as follows: CW3 Enaineerina (Lump Sum Project General Tasks $71,225 Roadway Analysis & Plans $439,335 Drainage Analysis & Plans $50,375 Utility Coordination $13,135 Permitting $40,150 Signing & Marking Analysis & Plans $21,970 Survey Services $8,750 Geotechnical Services $13,055 Cost Opinions $5,725 Prepare Bidding Documents & Bidding Assistance $10,380 Total $674,100 Subconsultant Fee (Lump Sum Utility Coordination — Hurley LP $17,280 Permitting — Cecos $18,829.38 Survey Services — T2 $98,220 Geotechnical Services — UES $44,110 Total $178,439.38 Reimbursable Expenses $10,000 Total Design Fee $862,539.38 This AMENDMENT 1 is effective October 16th, 2024. In all other respects, the Contract approved July 17, 2024, BOCC, remains in full force and effect. In WITNESS WHEREOF, each party hereto has caused this contract to be executed by its duly authorized representative. 11 BOARD OF COUNTY COMMISSIONERS OF CW3 Engineering, Inc. MONROE COUNTY, FLORIDA Consultant BY: BY: 6 - ,� Mayor/Chairman r TITLE: p(2 ( IOc-N i The foregoing instrument was subscribed and sworn to (or affirmed) before me, by means of physical presence or o online Atts§t} KEVI'I,MADOK, Clerk k this _ day of-92024, by rt Who is (ram) personally known to me c �� q As Oe'u{y CI rk or who ( ) pr d a driver's li s �p identificati rf NOTA Y PUBLIC, STATE OF FLORIDA 2ANbAL it l Print, type of stamp commissioned name of notary Notary Public.Slate of Florida Randall A Bair 1111 MY CoMMISSIOA NH 363090 ExpireS 4I5I2027 �✓ ia.+' t.. �. MONROE COUNTY ATTORNEY /t 1PPRgVkD AS TO FOR A: `t) ioF.rr f l�r Jo U— i C'.`i ; , r (Gr t tits rr CHRISTINE LIMBERT•BARROWS . ASSISTANT COUNTY ATTORNEY La.I: DATE' . _uciz4__ i 2 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 07/03/2024 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 Lauren Caporale NAME: The Hilb Group of Florida PHONE (813} 636-4000 FAX AtC Na Ext : A/C, No): 5850 TG Lee Boulevard E-MAIL servicefl@hilbgroup.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Suite 340 INSURERA: Phoenix Insurance Company 25623 Orlando FL 32822 INSURED INSURER B: Travelers Property Casualty Insurance Co 36161 CW3 Engineering, Inc. INSURER C : Travelers Casualty & Surety Co 19038 5783 Bayshore Rd., #113 INSURER D: National Casualty Company 11991 INSURER E : North Fort Myers FL 33917 INSURER F : COVERAGES CERTIFICATE NUMBER: CL247321601 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MWDDNYYY POLICY EXP MWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMISES Ea occurrence ---- 1,000,000 $ ' MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A Y 660-5N42858A 07/10/2024 07/10/2025 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fx_1 JECT PRO ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y 660-5N42858A 07/10/2024 07/10/2025 BODILY INJURY (Per accide nt) $ X PROPERTYDAMAGE Per accident $ HIRED HNON-OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B EXCESS LAB CLAIMS -MADE CUP-1S658322 07/10/2024 07/10/2025 DED I X1 RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A UB-5R378156 07110t2024 07/10/2025 X SPER TATUTE ER E.L. EACH ACCIDENT 1 OOOOOO $ E.L. DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1000000 $ D Professional Liability JE00002816 07/10/2024 07/10/2025 Professional Liability Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Key Deer Boulevard (north of Watson Blvd.)Professional Liability is written on a claims made and reported basis. Monroe County shall be named as an Additional Insured on the General Liability & Auto Liability when required by written contract and prior to rendering of services. JS 'T r 7.19 24 24 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County & Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE , KeyWest FL 33040 ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR THE KEY DEER BOULEVARD (NORTH OF WATSON BLVD.) ROADWAY PROJECT This Agreement ("Agreement") made and entered into this 17th day of July , 2024 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), E CW3 Engineering, Inc., an Engineering Consultant of the State of Florida, whose address is 5783 Bayshore Road, Suite 113, N. Fort Myers, FL 33917 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Engineering Design and Permitting Services for the Key Deer Boulevard (North of Watson Blvd.) Roadway Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing Engineering Design and Permitting services for the Key Deer Boulevard (north of Watson Blvd) Roadway 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 REPRESENTATIONS AND WARRANTIES 1.1 By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated, and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes, and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the scope of services no later than 18 months after the award date for the design of Key Deer Boulevard (North of Watson BLVD.) Roadway Project. ARTICLE 11 SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A, and as described in the Agreement. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Kevin Wilson. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: CW3 Engineering, Inc. 5783 Bayshore Road, Suite 113 N. Fort Myers, FL 33917 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required by the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county -maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 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. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. ARTICLE VII 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the hourly rates outlined in Attachment B in a not to exceed amount of $862,539.38. The CONSULTANT shall be paid monthly. The total lump sum fee of $862,539.38 will apply and is estimated in Attachment A and B. 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. 7.3.1 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. INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) day notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non - owned vehicles, with $1,000,000 combined single limit and $1,000,000 annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents, or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and with $1,000,000 per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Engineer's Errors and Omissions insurance of $1,000,000 per occurrence and $2,000,000 annual aggregate. If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT arising out of work governed by this contract. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured on General and Auto Liability. The COUNTY reserves the right to require a certified copy of such policies upon request. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 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 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. 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. 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 COSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with seven (7) days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the amount set forth in paragraph 7.1 Payment Sum. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 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 amount set forth in Paragraph 7.1 Payment Sum. E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on a list created pursuant to F.S. 215.473, relating to scrutinized active business operations in Iran or is found to be placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A and B, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of TEN (10) years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. WIWIK! Zi7»C7er1[7r•I In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VII I of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. 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. MPTIMLIL •IRLyllIf_ri1Wklf:I-AM►TiWki11 The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. The CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any 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 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. Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 9.29 EXECUTION This Agreement may be executed electronically and shall be regarded as an original and shall constitute one and the same instrument of this Agreement. Remainder of page intentionally left blank. i I IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. I (,SEAL) BOARD OF COUNTY COMMISSIONERS Att`e'st Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA -- ByI'l0 y As e tit - Clerk p �' Mayor/Chairman -Date: I-1 -1 202-�1 MONROECOUNTYATTOR.NEY .. 4PPR VkO AS TO PQ=��X1+�z�tY1 CHRISTrNE LIMRERT.BARROWS ASSISTANT COUNTY ATTORNEY PATE:,-_6/26/24__ CONSULTANT CVii3 Engineering, Inc. (feel) Attest: By: Title: P" 51 oi-"-j Title: ikwi n i j;rret�- END OF AGREEMENT C— M p _ CD T.a an I ;�u HN III S B: TAB 6: COUNTY FORMS CW3 I g e el IIII g, II I i c RFQ for Eng0eenlng Design and Permitting Services for Key Deer Boulevard (north of Watson Blvd.) Roadway Project 1211 RESPONDTO: MONROECOUNTY BOARD OF COUNTY COMM ISS[ONERS cto PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 11 100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge revel of Addenda No.(s) 01 I have Included. - el) The Submission Response (:) t-obbying and Conflict of Interest Clause * Non-000L)sion; Affidavit * Drug Firee Workplace Form * Respondent's Insurance and Indemnification Statement Insurance Agent's Statement Public Entity Crime Statemeni— * Scrufined Companies List * Minority Owned Business Declaration (ilapplicable),__ * Local Preference Form, — In addition, I have incIuded, a Guirrent copy of the following professional and occupational licenses: j1,Qh2c_k mark items above, as a reminder ffiat thqV are jnclug�d.) Mailliing Address� 5783 Bayshiore Rd., Ste. 113 Tefephone� 239-2 . florth ForriTtyers,_ FL 33917 _ Fax: Clair Wright, 1111, P.E. (Name) Pfes-ident (Titte) -15- Witness.- Agngga-g�, 2024 CW! Engineering, Inc. RF: Q Foe Engin ee� frog, [)esWnae 0 Flee mtdtrrr See Aces foe Xey is ee� Blvd, 63 HN S B: TAB 6: COUNTY FORMS CW3 I g e el IIII g, II i c RFQ for Enginee6ng Design and Permitting Services lot- Key Deer Boulevard (north of Walson, BIvd.) ......... Roadway Project MONROE COUNTY, FLORf �DA ETI-11CS CLAUSE CW3 Engineering, Inc. (Coirnparwy) ", warrants that he/it has not empioyed, retalned or otherwise had act on histher behatf any former County officer or employee in vicqation of Section 2 of Ordinance No, 010-1990 or any County ofter or empioyee fin violation of Section 3 of Ordinance No. 0,10-1990, For breach of violation of this provision the, County may, In its discretion,, terminate thus Agreement without iiability and may also, in its discreflon, deduct froirn the Agreernent or purchase price, or otherwise recover, the full amount of any fee, cornmission, percentage, gift, or consideration ipaaiid to the former County ofter or employe,e," T,qjgnA-tL Dates. janu2anL23,024 STATE 01`: Rorida COUNTY OF; LL-e Subscribed and sworn'to (or affirmed) before me, by means of �rphysical presenoe or 0 onijine notarizabon, on, January 23, 20,24 (date) by J�� (name of affiant'She is, personall OW to me of has produced (type ofj '71ificatioas j4dent"' ation, kwl ARY PUBLIC My Commission Expires. Notary Public State of Florida Randatt A Sale .� , _a MY C*MMh$$J0n W14 393080, j --*. � SX,P1181t 41512027 -16- CW! Engineering, Inc. RI:Q Fm Engtnee� ing DesWnand Seevn esw fm Xey Dee� Blvd, 64 HN i S B: TAB 6: COUNTY FORMS CW3 "iI I g e el ir iill ii°'i g, II iI i c RIFQ for Engineering Design arid Permittrig Services for Key Deer BouIlevard (north of Watson Blvd.) Roadway Project NQN-001AAJS10N AFFMAVIT I, Clair.YK�aht, III, P�E. of the city of r4, Ff � &HL'e's amorftg to, Iaw on my oath, and — — - ---------- under penalty of perjury, depose and say that a, I am President of the firm of QW3 Engin ein. Inc ...,, the, bidder making the Proposal for Lhe project described in the Request for Proposals for and that p executed the said propos i With full authority to, do so-,, 5 mvtzs�, F,,oa K%-" PtUZ '�LIA> ( P4,0M Y4 ray:- j�"'J' 4,'>0 1 )`A0A0WA-r b the prices in this bid have been arrived at independently without collusion, consuftatbri, communication or agreement for the purpose of restrk.;tIng competition, as to, any matter relating to such prices wfth any other bidder or with any competitor� C, unless otherwise required by iaw, the prices which have been qL10ted in this bid have not been knovyingly disclosed by the bidder and wifl not knowingly be disclosed by the bidder prilor to bid opening, directly or indirecHy, to any other bidder or to any cornpefitor: and d' no attempt hias been made or wifl be made by the bidder to induce any other pension, partnership or corporation to submit, or not to submit, as bid for the purpose of restricting carripetifion; e. the Starterrents contained in this affidavit are true and correct, and made with full kn"dedge that Monroe County relies upon the truth of the statements contained in this, affidavii in awarding, contracts for said project. "OV 0 -- - - --------m. - iSignaturoyl Date- - Jan.uary 23, 20,24 - STATE OF: Radda COUNTY OF: Lee Subscribed and sworn to (or affirmed) before me, by means of 5'� hysical presence or [3 online notarization, on Janitiary 2,3 202" __ (date) by -a (nan)f;l of, affiaint,fil +Ti 11.1 he is ke_!s_qnj9!IX hrl2ffn_jqj��'(�.,or has produced (type pf"i fificlation) as identification, NOTARY PUBLIC My Commission Expires; ft!6!' Ma aebf rc 0ROndall A Sa�r 1,1Lamnj�$Sfo� HH 3 830,80 l00S AW2027 -37- CW! Engineering, Inc. RI:QFoe Engtnee� frog, DesWnae 0 i:Iee mtdtwrr See vucesw foe XeyDee� Blvd, 65 HN i S B: TAB 6: COUNTY FORMS CW3 ',Il I g llIlli e el IIIIr iill illi g, II i c RFQ for EngMaedng Design and Permitting Services for Key Door Bot4evard (north of Watson Blvd.) Roadd�way Project DRU'G-FREE WORKPLACE FORM The undersigned vendor in, accordance with Florida Statute 287,087 hereby certifies that; CW3 Engineering, Inc. (Narne of Business) 1, Publlis,h to statement notifying ernp4oyees that the urilawful manUfaCtUre, d4sirlbUtion, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifyiing the actions that will tye taken againsterriployees for volalions of such proNbitjor, 2inform employees about the changers of drug abuse in the workplace, the business' policy of maintaining a drugi-free workplace, any avahable drug counseling, rehaNlitation, and' employee assistance programs, and the penalties that, may be imposed upon! employees for drug abuse Violations. 3Gve each employee engaged in providing the commodities at contraCItUal services that are under bid a copy of the statement specified in Subsection, (1), 4, In the statement specifiedin subsection (1), notify the employees that, as a condition of working on the coinniodifies or contractual services that are Under bid, the employee will abide, by the terms of the statement and wHt notify the employer of any conviction of, or plea of guiRy or nolo rontendere to, any violation of Chapter 8,93 (Florlda Statutes) or of any controlled substance law of the United States or any state, for as violation occurring in the workplace no later than five (5) days after such convilction, 5,, Impose a sanction on, or require the satisfactory participation in as drug abuse assistance, or rehabiRation program it such is available in the employee's community, or any ernployee who is so convicted, 6,, Make a good faith effort to continue to rnaintain a drug -free workplace through implementafion of this section. As the person authorized to sign the statement, I certlfy that this firm complies fully with the above requirements. o-, 4�4 (Signaturaf Dallw _.J.anuary_23 2024 .... . — --------------------------------- STATE OF,' Florida COUNTY OF: Lee SUbscribed arid sworn to (or affirrned) before me, by means of ff$'hyslcal presence or El online notariization, an iafjya!y_23,2.024 ... . ......... (date) k by a e of aftIN �;he is pernown-la-me-,or has .......... (n m produced, (type of�( enfification �,asj ritification, Pen Zft 7, NOTARY PUBLIC My Commission Expires: Notary Pijblfc state of F1 Hda Pan,dall A .Sr6 MY CaMPAISSion, HH U3,000 Expira's 4);512027 1 M CW! Engineering, Inc. RI:Q Foe Engtnee�ing ilesWnand P:Iee .mtdtnrr See Aces foe Xey is ee� Blvd, 66 HN S B: TAB 6: COUNTY FORMS CW3 ',Il I g llIlii e el ir iill iii g, II i i c RFQ for Enguneehng Design and Permitting Services for, Key Deer Boulevard (north of Watson Blvd.,) project Respondent's Insurance and Indemnification Statement Wicirker's, Compensation Employers" Liability Insurance MEEMEM $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee General Liability, including $1,000,00,0 Combined Single Limit Prenilses Operation Products and Completed Operations Blainke,t Contractual Liability Personal, IInjuaury Liability Expanded: (Definition of Property Damage Vehicle, Liability (Ownedl, non -owned and hired vehicles) Professional, Liability $1,000,000 per Occurrence $1,000,000 Combined Single ILirnil IDEMNIFIQATL R QN.ANQ..HOLQHARlVlLESSFO CONSULTANTS AND SQE3!2,QLq�ULjANTS ........................ The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Cornmissioners, its officers and employees from Ilabififies, damages, losses and costs, including but not 0mited to, reasonable attorneys" flees, to the extent caused, by the negioence, recklessness, or Intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or Litilized by the CONSULTANT in the performance of the contract, In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall Indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or arnbigulty in the plains and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall inderyinify it from all losses occurring thereby and shaft further defend any claim or action on the County's behalf, The extent of liability is in no way l4nited to, reduced, or lessened by the insurance requirements contained elsewhere within this, agreement. This indemnlficafion shall] survive the expiraUon orear fier termination of the Agreement. I understand, the insurance that wfli be mandatory if awarded the contract and will' comply in full with all the requirements, Qlair Respondent Signo& CW! Engineering, Inc. RFQ Foe Engtnee� frig, E)esWnae 0 Flee mtdtrrr See vu sw foe Xey Dee� Blvd, 67 HN IIl S B: TAB 6: COUNTY FORMS CW3 I g e el I, iilI i'i g, II ii c RE O for Eingineering Design and Permitting Services for Key Deer Boulevard (inorth of Watson Blvd.) INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. General Liab/Inland Marine Professional Liability Umbrella Liability Woirker/s Compensation Liability policies are X Occurrence HlIb Group, FL, LLC Insurance Agency DEDUCTIBLES GIL - N/A IM - $500 10,000 10,000 x Clairns Made (Professional Liability ONLY) I ignature MEM CW! Engineering, Inc. RI:Q Foe Engtnee� ing [)esWnand Flee mtdt�rr See Aces foe Xey is ee� Blvd, 68 HN S B: TAB 6: COUNTY FORMS CW3 I g e ei IIII g, II i c RFO for Engineering Deslgn and Permitting Servii for Key Deer, Boulevard (north of Watson Blvd Roadway Project PUBLIC ENTITY CRIME STATEMENT 'A person or affiliate who haa been placed on Me convicted vendor list following a conviction foi PUblIC ef-Ifily crime rinay not, submit a bld on a contract to prov[de any goods or services to a public entity, may not submit a bld an as contract with ai pUbfic entity for the construction or repair of a public building or plubfic work, may not subnik i Ids on leases of real property to public entity, may not be awarded, air perform work as, a CONTRAGI-OR., supplier, ,subcontractor', or CONTRACTOR under a contract with any public entity, and may not transact business with any public enfity in excess, of the threshold arnount prlavWed in Section 287.017, for CATEGORY TWO for a period of 36 months from ti-le date of being placed an the convicted vendor list.' I have read the above and state that nether Clal WrigM,tq_,P, �F, (Respondent's name) nor any AfflHate has been placedon the convicted vendor list Mftn the last 36 months, Date- January 23,2024__­_­_­____ STATE OF� Florida COUNTY OF: Lee Subscribed and sworn to (or affirrined) betore me, by means of M physical presence or 0 online notarization, on Japua,ry 23, 2024 (date) by (name of affiaint), (hpiShe is p, r�qLi&L Jy, -kftp-w­n,-tqjTiEe or has produced_.. (type of identification) as identdioation, 4111, NOTARY PUBLIC My Commission Expires° otary public State *1 Florida Randalli A Ssiti` Nfr MY COMMISSIOM HHU3080 EXPI16S 41V2027 CW! Engineering, Inc. RI:Q Foe Engtnee�ing [)esWnand P:Iee mtdtrr See vsw foe Key Dee� Blvd, 69 HN S B: TAB 6: COUNTY FORMS CW3 I g e el IIII g, II i c RFQ for Engineering Design and Permitfinq SeMae s for Key Deer Boulevard (north of Watson Blvd.) . ........ Roadway Project VENDOR C,'Elt'["IFICA']"'ION.R.(,ARI)J,NG SCRU'rINIZED ('QNIJPANIF.,S LtSTS RFQ1 for Erigineering Design and Permilting Services for Key I'voicet noaci-we a ...... .... Respondent Vc.ridor Nanie: C - W3 ­ E ' ngi '' neeringinc, — . ....... Vendor F"E'M 81,311-350770 Vendor'q Atrthori�;,zd Representative Nanic and TitieQlair'Wdght, 11j,_f!rqtdent . ............. ....... ..... Address: City. Korth E.orlMyer's stateiorida.- . --- ................... zipM-9.17 Phone Ntnnbex� 239-205-6473 ............. . f,",mad Address�:_p wrightCaDcw-3-.-com Scefillii 287,115, Florkhi Statutes pro'hib0sa company fi-om hidding on, subriii1fin:g a pr0'j)0SaJ 2'0l', Or CMOTJEfilito or renewing to contract for, goclds or services of atnoum it; ' ,,it the tone ofconn-acting or renewal, the comininy is- on the Scrutinized Gonipanies thai Boycou Isr-ael last,creawd pursuant to Section 215.4725, Florida Swrute, or is engaged in �t [30YCO(t OfAIMWL SCC60n 287,1135, Vlorit.hi Statutes, also prohibits a corripany koin bidding (:)it, SLANW116JIg 11 PM�U�',�fl (lsl�' rat entering into or ronown-Ag rk contrnei ter goods or services of S1,000,000 or more. that are on either the Scru,6nixvd Colnpartics witb Activi6cs in Sudan List or the Scrutinized Cornpanies with Activities in Thc Iran Terrorhmn t Asts whicl,,i were created ptu-suant w s, 21 5,47 3, Florida Statutes, or is engaged in bua�,a4iness operations in ( ' 'uha, or Syria, ALIS' thh' PCIN'(Hl R"111(wized taw sign on behalf of Respondent, I fv=by cerlify that the ccyrnpany idenfified ahove in tho scefion, evfitlM "Respondent Vendor Narne" is not listed on the Scrutinized Climparfics drat Boycoft Israel List or engaged in a boycott offmael and for of $1,000,000 or wore is not listed on either the Scrutinized Coinpaxnes wah Activities in Sudan LiA, the Scrutinized Companies with Activities in the Iran Tt�rrenisan List, or orgaged in KN'in"S' uj,)eralions in Cutia or Sy ri al. I undorswid that purstiant to Section 287 135, Florida Straintes, ffic submission of as false ccrtification may subject cornpany to ci-vil penaffies, attorney 1`ees, arid/ur costs. I further understand that ray contract w4b theCounty unary be terTninatod, at the option of the C:"c)Ujjty' if the Ccjyjpajny is Found to have submitted as false cerfification or has been placvd rin the Scrutinizcd Cornpanies that Boyco(l Israel List or engaged in a boycon of Israel or pilaecd on [lie Scrutinized Companies wRh Activiti4s in sudan Lisa or the Senntinized Comparties with Activirics in the Iran Terroristri inCuba or Syria, CertHied fly� . . ............ . . . ......... w,ho is, aulhori?Qd to sign on behall'offlie above refemn,aood o�xlpany' AwfiorizedSiguawre� PTiul Nrniw_Clair woght, M ............. ... - ritie- President Note� Hite Ust are availableat the following Department of Mana-gement Services Site M➢'Ila it' '.�Lu ..... ....... b -42- CW! Engineering, Inc. RI:QFoe Engtnee�frog, i lesWnae 0 P:Iee m�tdtrr See Aces foe Xeyl)ee� Blvd, 70 HN S B: TAB 6: COUNTY FORMS CW3 I g e el IIII g, II i c RFQ for EngineeHng Design and Permitting Services for Key Deer BoWevard (north of Watson Blvd.) Roadway Project Minority Owited Husinos flecluration in e j6ng,j,pp,,, as uii-collft2crot engag � 11 .. Q. . .......... W3 --E n g mi�- _ as,,mcialed %vfth flne befon,, indicarod, project (0,1"k One) XW r:s a E Id no Ihy bushwss enterprise, as det'hied in Sonorm 28,8.703, Florida 'SlatuIes is uolu rninority business enterpHse, as defined in Section 29R,70-3, Filorida Sutftfts. F.S. 288.7030) "Mirtority busdness enterpriw" ruearn, any small business concern as defined bi Kobsection (6)(see below) W11iich is orgaaixcd u.) cngagw in cornnier6al transactions, which is dotniefled in Florida, and which is al least. 51- pereera-owned Ky minority persorks Who are rnionbers offin in'sulaq, group that is of a particular racial, cifinic, or gender 'nakeup or na6onal origin, which has been subjeoed historically to disparate treatment due to idendficafion In and wilh that group restflkin� irt star of comancreW enicilmises under the group's oontrol, and Wbose ntanago'ncrr ,jad (Wily operations are controlled by such persons, A ininority buMness enterprise nuty pfirnarfly involve the practice (.),f a profession. (.),wnership by a minorily person does not 4kcltade, ownership Miieh is Che result ol'a winsfer ft-nnt a nomninority person to a Ininority person Within a related immediate faknfly group, if the combined total nep asset, vnh,ic or alp mornbers of such family gro-up exceeds $1 million. FOr PUTPOIWS' 041116' SLI1-VSCC6011, 11W telli'l "related immediate family group" means one or more rhildrol undcr 16 ycars of age and a parcrit of suet chfldroi of the Of synch pai,,vm residiny, in the same house or living unit, RS 289,703p'O "inn all bushiess- nicans an independently{ owned and of rated btmincss concern chat amploys 200 or 1"bwer permanent fall -time ernployees and that, mgethcr whh its affiliates, has a net wort13 of not ruorc than S5 milfion Or any firni, based in this state which has a Small Business Administratickn 8W certificatiom As applicalfle to %—slc pro prictorships, ffic $5 nailhon net warth rcqairement sbaH include both personal and busin"s invesiments, C reltr to FS, 298 J03 fbr naorg inibrination. Address,: 5783,Rqy,§hprqj3d. Ste. 1,1 F-1-339117 For Mounn�, Counly Verifkation.., Title/ OMB Verified vitro httv-,Wejq,d-deans ,myfJn0d .4- fi 1 e SILL - a orw I rtt.tj -43- Signature CW! Engineering, Inc. RFQ Fm Engtnee� ing i lesWnand Flee mtdtrr SenAces for Xey Dee� Blvd, 71 RFQ for Engineering Design and Permitting Services for Key Deer Boulevard (north of Watson Blvd.) Roadway Project LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance 004-2015 must complete this form, Name of Bidder/Responder CW3 Engineering, Inc. Date: January 23, 2024 1. Does the vendor have a valid receipt for the business tax aid to the Monroe County Tax Collector dated at least one year prior to the notice of request for bids or proposals? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? No (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bid or proposal.) List Address: N/A Telephone Number: N/A B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? No If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) Address fq. - MqtOS 1:1- Signature -Snd Title of Authorized Signatory for Bidder/Responder STATE OF Florida COUNTY OF Lee Tel.Number Print Name: C_tAile tAJ216"7—d-T On this I eq day of 3'JLf -20-7-'q--before me, by means of Elphys!'Cal pr or online no ' tion , the undersigned notary public, peSaaa@ear C1,A%a- W/21&14r a wn to me to be the n whose name is subscribed above or who produced as identific w edged t h ie-e- he 7 is the person who executed the above Local Preference Form uses therein contained. N My commission expires: (Seal) Print j 'ri v ROSIN E. BEHRENS MyCOMMISSION# HH 315sog EXPIRES. October 1, 2026 -44- Attachment A Scope of Services EXHIBIT A Date: May 17, 2024 SCOPE OF SERVICES ENGINEERING DESIGN AND PERMITTING SERVICES FOR THE KEY DEER BLVD. (NORTH OF WATSON BLVD.) ROADWAY PROJECT CW3 Engineering, Inc. (hereinafter referred to as CONSULTANT) is to provide Monroe County (hereinafter referred to as the COUNTY) the following Civil Engineering Services for the design improvements for the Key Deer Blvd. Roadway Improvements project. Plans preparation and permitting of roadway, pedestrian, and drainage improvements are anticipated. The following items will comprise the scope of work anticipated for the project. 1. PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract documents and incidental engineering services, as necessary, for improvements to the transportation facility described herein. The Scope of Services establishes which items of work are specifically prescribed to accomplish the work included in this contract, and also indicate which items of work will be the responsibility of the CONSULTANT and/or the COUNTY, The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall provide qualified technical and professional personnel to perform to COUNTY standards and procedures, the duties and responsibilities assigned under the terms of this agreement. The CONSULTANT shall minimize to the maximum extent possible the COUNTY's need to apply its own resources to assignments authorized by the COUNTY. The COUNTY will provide contract administration, management services, and technical reviews of all work associated with the development and preparation of contract documents, including construction documents. The COUNTY's technical reviews are for high-level conformance and are not meant to be comprehensive reviews. The CONSULTANT shall be responsible for all work performed and work products developed under this Scope of Services. The COUNTY may provide job -specific information and/or functions as outlined in this contract, if favorable. 2. PROJECT DESCRIPTION This project shall consist of analyzing the corridor to repave and raise the pavement profile according to the Sea Level Impact Projection analysis that will be performed with the project. The project assumes that the profile transition will commence south of the Watson Blvd. and Key Deer Blvd. to be at proposed profile elevation though this intersection. The project will terminate and include the cul-de-sac at the northern terminus of Key Deer Blvd. The roadway will consist of a two lane (10' lanes), two way rural section, one 6' sidewalk/pathway (existing pathway shall remain unless impacted by the proposed roadway construction), no paved shoulders with anticipated open. It is anticipated that the roadway construction will consist of new construction characteristics. The project shall also consist of intersection improvements at: • Watson Blvd. • Coconut Palm Dr. • Balsa Ln. • Wildwood Ln. • Mahogany Ln. CW3 No. 23-006S Page 1 of 13 S/17/24 • Palm Ave. • Higgs Ln. • Big Pine St. • Gulf Blvd. • Kyle Blvd. The intersection improvements will consist of roadway profile transitions to existing sidestreet profile elevations only. No pedestrian improvements on each quadrant are desired by the COUNTY. It is understood that additional services outside of or inconsistent with the above referenced improvements are not included in this scope of services. 3. PROJECT GENERAL TASKS Project Common Tasks, as listed below, are work efforts that are applicable to many project activities. These tasks are to be included in the project scope in each applicable activity when the described work is to be performed by the CONSULTANT. • Proiect kick-off - One (1) meeting • Project Scheduling (Initial Project Schedule and Subsequent Quarterly Updates), anticipate 18months. • Coordination Meetings (PRIME CONSULTANT MEETINGS) o Fifteen (15) Miscellaneous meetings at the COUNTY's discretion (virtual) o Two (2) Coordination/pre-applications meetings with SFWMD. (virtual) o Four (4) Plan Submittal Review meeting with the COUNTY (30%, 60%, 90%, Final)(virtual) o Five (5) Meetings with Public Utilities (virtual) • 4 Misc Field Reviews • No Independent Peer Review is included. 3.1. Public Involvement • Public Involvement services are not included at this time. 4. ROADWAY ANALYSIS & PLANS • Access Management Design Support No modifications to existing intersection types, layouts or alternatives. • Intersection Control Evaluation (ICE) No modifications to existing intersection types, layouts or alternatives. • Roadway Design/Plans Preparation The CONSULTANT will provide a roadway design for the limits as described in the Project Description above. No new sidestreet connections and/or intersections are included. The CONSULTANT will design the geometrics using the design standards consistent with the design traffic volumes, design speed, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, etc. The new construction profile grade line will be designed according to the Sea Level Impact Projections, to encourage positive drainage with anticipated proposed typical section, meeting the FDOT FDM and/or the Florida Greenbook requirements. No wildlife fencing along the R/W or proposed wildlife crossings are desired by the COUNTY at this time. • Traffic Data Collection CW3 No. 23-006S Page 2 of 13 S/17/24 Traffic Data Collection/analysis is not included. No additional turn lanes or intersection imp rovements/a Iterations are anticipated/included, therefore traffic analysis is not deemed necessary. Pavement design will utilize minimum pavement thicknesses identified below. °Typical Section Package CONSULTANT will develop upto: 0 Key Deer Blvd. Up to three (3) typical sections total. It is anticipated that the constructability will potentially govern the location of the proposed roadway within the existing R/VV' however the County desires the alignment to remain to the maximum extent possible. Evaluating areas outside of the existing R/W for roadway improvements is not included. CONSULTANT will provide typical section package to the COUNTY for review and approval near the 30% submittal stage. Typical sections are anticipated to6ecomprised of: n Key Deer Blvd. � Two lane rural, two way. � 1O'travel lanes, 1O'turn lanes ifincluded. � Nopaved shoulders. �o 6'Sidewalks onone side ofthe roadway � Qpen-drainageconveyance � Linear stormwatermanagement isnot anticipated. � No bike lanes. ° Design Speedi o Posted Speed limit is3Omph. o Design Speed will utilize 4Omph. °Pavement Design Analysis Nopavement design package isincluded. Below isthe pavement design tobeutilized. o New Construction/Widening � CONSULTANT to utilize minimum pavement design thicknesses, assuming a Traffic C level with a Z0yearESAL(equivalent single axle load) ofgreater than 3,5OO,0OO. Pavement design used will be: � 12"Type 86tabiUzation o/equivalent black base inlieu ofstabilization � Optional Base Group 9 � 3^ofstructural asphalt/friction course o Milling and Resurfacing � CONSULTANT will coordinate with COUNTY and Geotechnica| su6consukant to determine recommended depths where appropriate. 41- School Bus Stops Not included atthis time. • Pedestrian Midblock/Uncontrolled Crossings Not included atthis time. ° Temporary Traffic Control Plans CONSULTANT will prepare TTCP plans on a Level 11 basis which will include typical sections, general notes, phasing notes, advanced warning signa, and plan views for each phase of construction. Elevation differences/considerations between the proposed profile grade line and the existing roadway will be considered in the design, however TTCP cross sections will not be included. • Roadway Plans 0 Key Sheet o Signature Sheet o Optional Culvert Material o Summary of Pay Items o Typical Sections o General Notes/Pay Item Notes o Project Layout o Plan/Profile Sheets o Special Profiles o Intersection Layout Details o Special Details o Drainage Structure Sheets o Cross Sections o Roadway Soil Survey o Temporary Traffic Control Plans • Utility Adjustment Sheets S. DRAINAGE ANALYSIS AND PLANS This task includes the analysis of roadway and surrounding area drainage system(s) that will be impacted by the roadway improvements. Anticipated drainage systems include open and closed conveyance for onsite/offsite runoff conveyance(s). No floodplain evaluation and compensation is anticipated. • Base Clearance: CONSULTANT will review base clearance from the proposed roadway profile grade line, however the proposed profile grade line will predominately rely on the results of the Sea Level Rise Projections. Consideration of pavement base and stabilization types will be reviewed with the geotechnical information when selecting the specific pavement design components recommended for use. • Existing Permit Analysis: CONSULTANT will review existing SFWMD/FDEP permit files in effort to gain a better understanding of the adjacent systems, if any. COUNTY to provide CONSULTANT with any development plans for the existing/proposed adjacent developments. • Temporary Drainage Analysis Not included. • Preliminary Stormwater Analysis Not included at this time. • Design of Minor Cross Drains Not included at this time. • Design of Ditches and Side Drains CONSULTANT will design roadway conveyance and outfall ditches as determined necessary. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. (Design of linear stormwater management facilities in separate task.) • Design of Stormwater Management Facilities Not included at this time. • Design of Flood Plain Compensation At the time of contract, the project does not lie within the floodplain, therefore no compensation analysis is included. • Design of Storm Drains CW3 No. 23-006S Page 4 of 13 S/17/24 CONSULTANT will design stormdrain conveyance/collection systems and provide storm tabulations according to FDOT criteria for including hydraulic calculations for pipe size, hydraulic gradelines, velocities, etc. • Design of Cross Drains Major cross drain design is not anticipated nor included at this time. • Optional Culvert Material Not included at this time. • Drainage Design Documentation Report CONSULTANT will compile drainage design documentation including stormwater components into report format. Include documentation for all the drainage design tasks and associated meetings and decisions. • Drainage Plans The CONSULTANT shall prepare Drainage plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. o Summary of Drainage Structures o Drainage Structures o Swale Profiles if they cannot be added to roadway profiles o Erosion Control Plan Sheets o SWPPP Sheets 6. UTILITY COORDINATION This task will include contacting and providing information to utility providers that own or maintain facilities within and adjacent to the project area, all utility conflicts will be identified by UAO's. CONSULTANT will: • Collect/Prepare contact letters to all affected utility owners, beginning with the design survey for markups by the respective utility owners. • Conduct/Attend Utility Coordination Meetings (virtual). • Prepare utility conflict matrices. • Attempt to resolve all conflicts with the proposed improvements or with individual utility relocations. • Existing utility facilities requiring relocation will be designed by the utility owner. Utility relocation plans are not included in this scope of services. 7. UTILITY ANALYSIS & PLANS No utility analysis or design is included. 8. PERMITTING (Services provided by Sub -Consultant) • Environmental Permits and Environmental Clearances. The CONSULTANT shall notify the COUNTY Project Manager and other appropriate COUNTY personnel in advance of all scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager on all permit related correspondence and meetings. The CONSULTANT shall use current regulatory guidelines and policies for all permits required. o Preliminary Protect Research The CONSULTANT shall perform preliminary project research and shall be responsible for regulatory agency coordination to assure that design efforts are properly directed toward permit requirements. The CONSULTANT shall research any existing easements or other restrictions that may exist both within or adjacent to the proposed project boundary. Project research may Data gathering, including desktop CW3 No. 23-006S Page 5 of 13 5/17/24 analysis from relevant sources including Monroe County, SFWMD, USACE, FDEP, USFWS, FWC, etc. Research existing permits, conservation easements, listed species, Biological Opinions, land cover, soils, etc. o Field Work Establish Wetland Jurisdictional Lines and Assessments The CONSULTANT shall be responsible for, but not limited to, the following activities: o This task includes assessing existing conditions and determining wetland lines to ensure that the roadway alignment/improvements do not encroach into them in the event that the alignment is required to shift for constructability to facilitate raising the profile It includes one field review (2 biologists) to determine wetland presence and/or delineate jurisdictional wetland lines, as applicable. Wetland assessments will be completed in conformance with the USACE manual. Natural areas within and adjacent to the R/W will be defined using the Florida Land Use Cover Classification System (FLUCCS) (2019). Jurisdiction wetland lines will be provided in CAD format to incorporate into the plans and avoid impacts during design. ➢ Species Surveys The CONSULTANT shall conduct wildlife field surveys, including endangered and threatened (E/T) species general surveys, in conjunction with the wetland survey and field documentation. Species - specific surveys are not anticipated. Y Agency Verification of Wetland Data Not anticipated. Y Complete and Submit All Required Permit Applications The CONSULTANT shall collect the data and information necessary to prepare the permit applications and obtain the environmental permits required to construct the project. The CONSULTANT shall prepare each permit application in accordance with the rules and/or regulations of the regulatory agency responsible for issuing a specific permit and/or authorization to perform work. The permit application packages must be approved by the COUNTY prior to submittal to regulatory agencies. The CONSULTANT will submit all permit applications, as directed by the COUNTY, and the COUNTY will be responsible for payment of all permit and public noticing fees, unless directed otherwise by the COUNTY. Complete and Submit all Required Wetland Permit Applications Wetland impacts not anticipated. ➢ Complete and Submit all Required Species Permit Applications Not anticipated. o Coordinate and Review Dredge and Fill Sketches The CONSULTANT will review project plans to assess/confirm no impacts. o Mitigation Plan(s) Not anticipated. o Preparation of Environmental Clearances and Reevaluations Y NEPA/SEIR Reevaluation Not included at this time. Wetland Impact Analysis CONSULTANT will prepare a mini NRE per FDOT requirements including documentation of field results, analysis, mapping and results of agency coordination (e.g., USFWS). CW3 No. 23-006S Page 6 of 13 S/17/24 Protected Species and Habitat Impact Analysis CONSULTANT will coordinate, review available data from NKDR, meet in the field with USFWS and document the meetings and outcomes. • Cultural Resource Assessment Survey Not included in this scope of services. • Other Permits o Monroe County — No site plan revisions/permitting is included at this time for modification of offsite properties. COUNTY permitting for the roadway improvements is not required. Therefore, no COUNTY permits will be pursued at this time. o FDOT Review/Approvals CONSULTANT understands that FDOT will be reviewing the project plans and associated reports/data prepared as part of this project. CONSULTANT will review, coordinate, respond and address applicable comments from FDOT as necessary. o FDEP Sea Level Impact Proiection CONSULTANT will generate a SLIP report and will submit for associated approvals with FDEP and the COUNTY. Results of the study will be utilized to set the proposed profile grade line of the project corridor. o FDEP (Water) — Not included. o FDEP (Sewer) — Not included. 9. SIGNING & MARKING ANALYSIS AND PLANS CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. It is assumed there will be no overhead or guide signs included. No green pavement is included. • Signing and Marking Plans (to be prepared as a component set) o Key Sheet o Signature Sheet o General Notes/Pay Item Notes o Project Layout o Plan Sheet o Typical Details o Special Details 10. SIGNALIZATION ANALYSIS & PLANS Not included in this scope of services. 11. LIGHTING ANALYSIS & PLANS No corridor lighting is desired by the COUNTY, therefore lighting is not included in this scope of services. 12. LANDSCAPING ANALYSIS & PLANS Not included in this scope of services. 13. SURVEY SERVICES (Services provided by Sub -Consultant) Consultant will provide survey services within the project limits as follows. A topographical survey will be provided in NAVD, CW3 No. 23-006S Page 7 of 13 S/17/24 • Project Corridor o Key Deer Blvd. South Limits - 0.25mile south of Watson Blvd. y North Limits —to and include cul-de-sac north of Kyle Blvd. o Watson Blvd. ➢ 1000' from Key Deer east and west Include injection well details west of Key Deer Blvd. o Paved Side Streets with T-Intersections with Key Deer Blvd. 500' from Key Deer Blvd. o Unpaved Side Streets with T-Intersections with Kev Deer Blvd. ➢ 100' from Key Deer Blvd. o St. Francis Episcopal Church Obtain driveway entrance to east edge of paver parking area o Blue Hole Observation Platform Y Entire Parking Lot and sidewalk limits and striping Obtain 50' of connecting pathways offsite. o Watson and Mannilo Nature Trail Parking Y Obtain driveway entrance to east edge of paver parking area o Big Pine Lions Club Entire parking lot between R/W line and eastern side of building Include eastern limits of building and detailed building entrance components • Topographic and Design Data o Survey Effort - Office ➢ Assemble record plats, deeds, maps and other documents. i. Identify corners necessary for establishing approximate street rights -of -way. Research available published horizontal & vertical control. i. Make copies of nearest control for use on this design survey. ii. Find at least two independent control points to tie into. Review assembled land records with field and office staff. Process control field notes. i. Run closures on level runs. Balance and finalize project benchmark elevation. ii. Review GPS check on published control marks. Process property and right-of-way ties. i. Compute and establish approximate road rights -of -way and easements based on field located monumentation. Property lines will not be surveyed but shall be shown for informational purposes. ii. Calculate project base line and stationing. f. Process field collected data. i. Register and analyze laser scan data. ii. Process conventional data collection files. Y Map features from field collected data. i. Above ground features will be mapped between the rights -of -way CW3 No. 23-0065 Page 8 of 13 5/17/24 ii. Add symbols for all located above ground utilities. Develop unified base map. i. Map right-of-way and known easements. ii. Label plat information, parcel identification and address for properties located along project corridor. Generate DTM from field data. i. Establish DTM limits. ii. Create DTM from elevation data and format for design engineer. Topographic points will be provided along corridor at approximately 50-foot intervals. Perform office Quality Assurance and Quality Control checks of mapping. Deliverable i. Deliverable will be a digital AutoCAD file and Surveyor's Report o Survey Effort - Field ➢ Set project control points. i. Establish horizontal control using RTK GPS procedures. All horizontal data will be in the North American Datum of 1983 (2011 adjustment), Florida State Plane Coordinates, East Zone, U.S. Survey Feet. Project control points will be established every 500 — 600 feet along the corridor. ii. Level run through project control points based on published benchmark data. All values will be in the North American Vertical Datum of 1988 (NAVD88). Y Recover and locate existing right-of-way, property and land monumentation to re-establish approximate rights -of -way and easements. Y Locate drainage structures and driveway culverts i. Horizontal location will be mapped with invert elevations. y Locate above ground visible utilities. ➢ UAS LiDAR i. UAS LiDAR procedures will be utilized for primary data collection throughout the project. Conventional data collection i. Conventional data collection methods may be utilized to supplement LiDAR data if required in obscured areas and to collect specific feature data. Geotechnical Borings i. Locate up to forty (40) geotechnical borings as conducted by others. ➢ Utility Flagging i. Locate flagging/paint for underground utilities as marked on the ground by others. Reference survey base line. i. Base line will be referenced by station and offset and tied to the project control. Y Field review i. A field review will be conducted comparing final survey base map data to existing project conditions. ii. Map mark-ups will be created noting any changes or differences. Any missed items will be field collected at the time of field review. • SUE Investigation Not included at this time. • Deliverables CW3 No. 23-006S Page 9 of 13 5/17/24 o Digital CAD file containing survey base map and design data. o Digital surface o/project corridor. o Surveyors Report signed and sealed by a Professional Surveyor and Mapper registered in the State of Right of Way Mapping is not proposed. 14. GEOTECHNICAL SERVICES (Services Provided by Sub -Consultant) CONSULTANT will collect site and subsurface data within the project site and summarize test results inthe form of a Roadway Soil Survey Report. The following services will be provided: ° CONSULTANT will locate the borings in the field based on measured and estimated distances from existing site features. • CONSULTANT will contact Sunshine State One Call to have any known utilities atthe test boring locations identified, Utility locates will take a minimum of 72 hours for completion. CONSULTANT cannot be responsible for underground utilities orstructures not identified. • Mobilize a truck -mounted drilling rig and assumes the entire corridor will be accessible to CONSULTANT'S drilling equipment. ° CONSULTANT will perform up to one twenty-eight (28) PowerAuger borings advanced to depths of five feet below existing site grade, or practical refusal. Borings will be spaced at GOO -feet on'centeron alternating sides of the designed roadway alignment. The proposed alternating sides of the roadway and use of continuous flight augers is based on review ofaccessible soil data presented on FD07s Public Soil Boring Viewer and the USDA Web Soil Survey. Note that the number and depths ofborings may beadjusted inthe field based onexisting soil conditions. ° CONSULTANT will perform up to ten (10) pavement section cores (to evaluate underlying rock conditions) and power auger borings, advanced to depths offive feet below the existing roadway grade, or practical refusal. The test locations will be spaced at 2,SDO-feet on -center in alternating lanes of the roadway, with the remaining four tobelocated within select failure mode locations. Note that the number and depths of borings may beadjusted inthe field based onexisting soil conditions. ° CONSULTANT will visually classify and stratify the soil/rock samples recovered and perform laboratory testing as necessary (and per minimum FDOT requirements) to facilitate classification of samples. ° CONSULTANT will provide services for roadway design specialty implementation and coordination for incorporation of geotextiles/options for the pavement and embankment areas of the roadway corridor. ° CONSULTANT will summarize geotechnica| activities on this project in the form of a Gentechnica| Engineering Report, which will include the test procedures used, the data collected, a discussion of project specific geotechnical concerns, engineering evaluation and recommendations, a site plan showing the test locations, and asoftware generated log ofeach test boring, and aroadway soils survey. Phase I Environmental Site Assessment Not included inthis scope ofservices. 15. COST OPINIONS CONSULTANT is to develop opinion of probable construction costs at the 60, 90 and Final plans submittal stages. 16. PREPARE BIDDING DOCUMENTS AND BIDDING ASSISTANCE CONSULTANT will provide services toinclude: Prepare Final Construction Plans, final engineer's construction cost opinion in accordance with the contract documents, and documents required to build the roadway, utilities and related features. Prepare technical specifications required to construct the roadway, using the FDOT LAP "big four" specifications on local roads with FDOT Division II and III specifications incorporated by reference. CONSULTANT will respond to bidders' inquiries as supplied by the COUNTY. COUNTY staff to prepare and issue addenda, as appropriate. Up to two addenda are included. Bid reviews, bid tabulations and recommendations of award by CONSULTANT are not included. 17. SCHEDULE The CONSULTANT will assist the COUNTY in the development of a project timeline. Once a schedule is developed for the project, the Consultant will assist the COUNTY to meet the various schedule milestones. Note: The time frames included in this scope are approximate, and adjustments may be necessary due to circumstances outside the Consultant's control. • Design Phase Approximately 18 months • Bid Assistance Approximately 3 months 18. PROVISIONS OF WORK The CONSULTANT shall furnish one electronic set of 11"x17" size plans for all COUNTY plan reviews, to coordinate the design approvals. It is anticipated that design submittals will be made at the 30%,60%, 90% and the final plans phase. The CONSULTANT shall furnish one (1) complete set of the final (11"x17") electronic plans in .pdf and .dwg or Agn format as appropriate. Project and design documentation will be provided in written and electronic format as appropriate throughout the project. Consultant will supply written response to review comments after every plans phase submittal. If additional hard copy plan sets are desired or larger prints such as 24x36, they can be issued as additional services. 19. PLAN ASSEMBLY It is anticipated the plan assembly will follow the typical plans assembly as identified in FDOT procedures, modified to fit the project development and criteria. Only the sheets necessary to convey the design intent will be included in the plan set in conjunction with typical COUNTY Standards. 20. CONSTRUCTION ADMINISTRATIVE SERVICES AFTER BID AWARD Detailed Construction Administrative Services scope and fees will be negotiated in the future but are anticipated to generally include the below. The COUNTY desires to assure that the planned Key Deer Blvd. improvements are constructed in conformance with the approved plans and specifications. The COUNTY desires that the CONSULTANT, through limited construction administration services, endeavor to provide protection for the COUNTY against defects and deficiencies in the work of the Contractor. However, the furnishing of these services during construction does not guarantee the work of the Contractor, or the performance of the Contractor. CONSULTANT will not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor work, nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor for safety precautions and programs incident to the work of the Contractor or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes, or orders applicable to Contractor furnishing and performing their work. The following are not included in this construction administration scope of services; Geotechnical testing services and materials testing, Subsurface Utility Engineering (SUE) investigative services during construction, CW3 No. 23-006S Page 11 of 13 S/17/24 full time construction engineering and inspection, as -built survey information, additional survey data as may be required for responding to RFI's or to prepare plan revisions, survey for easements or easement coordination, permit conditions coordination, permit modifications for field changes, public involvement services and coordination with the public for any service interruptions, etc., warranty inspections. A 16-month construction schedule is assumed forthis scope. If the construction time frame extends beyond this time frame, the continued services provided by consultant will be considered as additional services. The Consultant shall perform the following tasks: Protect Management / Coordination Provide project coordination with the COUNTY, their field staff and the Contractor as required. This task includes general project management and other administrative services including but not limited to supervision, quality control, email correspondence, contract file set up and maintenance, phone conversations, staff coordination and direction, etc. • Protect Meetings The Consultant shall participate with the COUNTY and Contractor and attend periodic project meetings as requested during the construction phase. The preconstruction meeting is included in this task. This task assumes: Pre -construction meetings Misc project coordination meetings Progress Meetings Shop Drawings The CONSULTANT shall review, reject and/or approve related shop drawings, which the Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the contract documents. Also, the CONSULTANT will determine the acceptability, subject to COUNTY approval, of substitute materials and equipment proposed by contractors. All this work will be scheduled, transmitted and received by the CONSULTANT with and through the COUNTY and/or the Contractor. Clarifications/Interpretations/RFI's The CONSULTANT will respond to requests of the COUNTY for necessary clarifications and interpretations of the contract documents. This task assumes addressing requests for additional information (RFI) and associated plan revisions (if required). The Contractor will supply any additional survey data if required to address the RFI or plan revisions. • Site Visits CONSULTANT will provide site observations in order for CONSULTANT to provide project and agency certifications. Documentation of each observation will be provided in electronic format to the COUNTY. • Substantial Completion Walk Through Participate in a pre -final inspection for the purpose of determining if the project is substantially complete and participate with the COUNTY and the Contractor in the preparation of a written "punch list" of all incomplete, defective or deficient items. • Final Completion Walk Through Participate in a final inspection for the purpose of determining if the project is complete and all "punch list" items have been completed. Final Walk through will be performed in conjunction with the COUNTY and the Contractor. This walk through is part of the process to assist the CONSULTANT and Contractor in the preparation of the various documents needed to certify the project complete. CW3 No. 23-006S Page 12 of 13 S/17/24 Record Drawings CONSULTANT shall prepare record drawings, utilizingthe original contract drawings as a base, and delineate changes (locations, materials, products, etc.) from the original plans as indicated by COUNTY'S Contractor as -built drawings (and supplemented by appropriate observations by COUNTY and/or the CONSULTANT). Components anticipated to be included in the record drawings include drainage items only. CONSULTANT will review roadway as -built data supplied by the COUNTY'S contractor to verify profiles, and roadway cross sections. No drafting or record drawings redocumenting the profile elevations is included. Contractor will coordinate all subcontractor's as -built information to CONSULTANT as the single point of contact for the Record Drawings for the project. It is not the intent for the CONSULTANT to provide QA/QC of the as -built data for the Contractor and/or their subcontractors. Fee identified is for CONSULTANT to review data no more than two times and draft record drawings accordingly. Any additional analysis, coordination, meetings, data review, drafting, etc. due to insufficient as -built data provided by Contractor will be provided as additional services to the COUNTY. The CONSULTANT shall provide the COUNTY with an electronic CAD file(s) in .dwg and/or Agn format respectively along with a PDF copy. • Agency Certifications • Monroe County • SFWMD/FDEP for stormwater improvements 21. COMPENSATION Certain assumptions have been made in developing the fee for services. To the extent possible, they are stated in this scope of services. If changes to the project result in changes in the level of effort presented in this scope of services, the Scope of Services and fee budget will be revised by mutual agreement. All work is subject to Work in Progress Payments and will be invoiced on a monthly basis. ADDITIONAL ITEMS NOT INCLUDED IN THIS SCOPE OR SERVICES TO BE PROVIDED BY THE COUNTY • Permit Fees • Other permits and related application fees not stated in this scope • Permit renewals, updates and/or modifications of permits obtained within this scope • Pursuit of permits other than services specified above • Protected Species Survey update or renewal upon expiration • All fees associated with environmental mitigation • Any title work (Opinions, O & E reports, etc.) • Right of Way Map development • Easement Sketches and Descriptions • Vegetation Removal Permits • COUNTY Right of Way Permits. Contractor will obtain • Special traffic signs or guide signs • Front end letting documents • Bid advertisement and letting coordination and printing of letting plans and documents for contractors • Public Information Meetings • BOCC presentations CW3 No. 23-006S Page 13 of 13 S/17/24 Attachment B Hourly Rates Project: Key Deer Blvd. Project No. 23-006S Fee Sheet Summary Scale Unit Unit Rate Total Hours Comments Item lPhase PROJECT GENERAL TASK* % ,,,,,,,, Subconsultant Coordination 1 24 24 Gen, Survey, Env. Project Kick Off Meeting 1 12 12 Includes prep and minutes, 2ppl Schedule Development/Maintenance 1 40 40 16 initial setup, monthly updates @4hrs x 6 updates Coordination Meetings 26 4 104 Includes prep, attendance and minutes BOCCMeetings 0 0 0 Not Included Field Reviews 4 16 64 6 visits x 2ppl each at 8hrs/ea Digital Delivery 1 4 4 Project File Maintenance 1 70 70 16 initial setup, 3/mo. Maintenance x 18mo PROJECT GENERAL TASKS TOTAL 318 4 ROADWAY ANALYSIS & PLANS' Typical Section Package 1 24 24 6 hours cover, 6 hours x 3 typicals each Pavement Design Analysis 1 40 40 For incorporation of geotextiles options only Uncontrolled Pedestrian Crossings 0 0 0 Not Included Estimated Quantities Report Preparation 1 120 120 Includes quantities Key Sheet 1 4 4 Signature Sheet 1 2 2 Typical Sections 3 4 12 General Notes/Pay Item Notes 1 12 12 Project Layout 1 6 6 Plan/Profile Sheet 40 30 40 1200 3 miles, low complexity, 30 initial, 175/ mile, 21.5/sheet Special Profiles 10 3.5 35 driveways/ sidestreets Intersection Layout Details 4 6 24 Church, Blue Hole, Manilla Trail, Big Lions Special Details 2 6 12 mist. Cross Sections 100, 159 2 318 3 miles @ 100' intervals Roadway Soil Survey 1 2 2 Temporary Traffic Control Analysis 1 272 272 40 hrs mid complexity analysis, level 2, 20 hrs/ mile/ phase x 3 phases, 16 hrs/ mile plans, 4 hrs notes+typicals UtilityAdjustmentSheets 30 2 60 2hrs/sht x 4 submittals, includes matrix Supervision 1 86 86 4% QA/QC 1 86 86 4% ROADWAYANALYSIS & PLANS TOTAL 2315 DRAINAGE ANALYSISANDPLANS ,,,,,,,,, Base Clearance 1 20 20 Existing Permit Analysis 1 16 16 Preliminary Stormwater Analysis 1 0 0 Not Included Design of Minor Cross Drains 0 0 0 Not Included Design of Ditches and Side Drains 1 45 45 15 hours/ mile, assume one side Design ofStormwoter Management Facilities 1 0 0 Not Included Design of Storm Drains 12 3 36 assumed limited structures Optional Culvert Material Analysis 1 0 0 Not Included Drainage Documentation Report 1 60 60 minimal improvements only Drainage Map 1 0 0 Not Included Drainage Structures 1 24 24 1/ structure plus 12 hrs Erosion Control Plan Sheets 8 2.5 20 double stack 80 scale SWPPP 3 6 18 Supervision 1 12 12 5% QA/QC 1 12 1 12 5% DRAINAGE ANALYSIS AND PLANS TOTAL 263 6 UtIUTY COORDINATION (Public Utilities) Subconsultant Coordination 1 12 12 Prepare Contact Letters 1 0 0 By Hurley LP Collect and Input RGB's into plans 1 1 60 1 60 14 submittals x 6 hrs/submittal x 4 utilities Utility Coordination Meetings 1 0 0 1 Included in task 3 above 8 UTILITY COORDINATION (Public Utilities) TOTAL 72 PERMITTING/COORDINATION Subconsultant Coordination 1 12 12 SFWMD/FDEPStormwater 1 60 60 GP or Exemption Verification only, includes submittals, 2 mtgs and RAI USACE 1 0 0 Not Included USFWS 1 0 0 Not Included FDOT 1 120 120 includes submittals and RAI S.L.I.P. (FDEP) 1 20 20 includes submittals and RAI QA/QC 1 12 12 PERMITTING/COORDINATION TOTAL 224 SIGNING,MARKING ANALYSIS & PLAh15„�'; Field Review 1 0 0 Included in task 3 above Key Sheet 1 4 4 Signature Sheet 1 2 2 General Notes/Pay Item Notes 1 6 6 Project Layout 1 6 6 Plan Sheet 30 23 75 16 setup, 8/ mile analysis, 14/ mile plans Typical Details 2 4 8 Special Details 4 4 16 Church, Blue Hole, Manillo Trail, Big Lions Supervision 1 5 5 5% QA/QC 1 5 5 5% SIGNING& MARKING ANALYSIS & PLANS TOTAL 127 1 SU(t1/FY SERVICES Subconsultant Coordination 1 16 16 Topographical Data Processing 1 24 24 QA/QC 1 2 2 SURVEYSERVICES TOTAL 42 14 GEOTECHNICAL SERVICES Subconsultant Coordination 1 60 60 QA/QC 1 4 4 GEOTECHNICAL SERVICES TOTAL 64 19 COST OPINIONS' i 1017rs/subrnittal,(60, 90, final) Incorporate all Cost Opinions 1 30 30subs COST OPINIONS TOTAL 30 16 PREPARE WDOINCr DOCUMENT6AND BIDDING ASSISTANCE Subconsultant Coordination 1 8 8 Technical Specifications 1 40 40 Pre -Bid Conference 0 0 0 Not Included Addenda 2 6 12 Review Bids 0 0 0 Not Included Bid Tabulation 0 0 0 Not Included Recommendation cfAword 0 0 0 Not Included PREPARE BIDDING DOCUMENTS AND BIDDING ASSISTANCE TOTAL 60 20 CONSTRUCTION ADMINISTRIATIVEStRVICES Subconsultant Coordination 0 0 0 TBD Project Management 0 0 0 TBD Meetings 0 0 0 TBD Shop Drawings 0 0 0 TBD Clarifications/Interpretations/RFIs 0 0 0 TBD Plan Revisions 0 0 0 TBD Site Visits 0 0 0 TBD Substantial Completion Walk Through 0 0 0 TBD Final Completion Wolkthrough 0 0 0 TBD Record Drawings 0 0 0 TBD Agency Certifications 0 0 0 TBD CONSTRUCTION ADMINISTRATIVE SERVICES TOTAL 0 Totals 3515 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 07/03/2024 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 Lauren Caporale NAME: The Hilb Group of Florida PHONE (813} 636-4000 FAX AtC Na Ext : A/C, No): 5850 TG Lee Boulevard E-MAIL servicefl@hilbgroup.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Suite 340 INSURERA: Phoenix Insurance Company 25623 Orlando FL 32822 INSURED INSURER B: Travelers Property Casualty Insurance Co 36161 CW3 Engineering, Inc. INSURER C : Travelers Casualty & Surety Co 19038 5783 Bayshore Rd., #113 INSURER D: National Casualty Company 11991 INSURER E : North Fort Myers FL 33917 INSURER F : COVERAGES CERTIFICATE NUMBER: CL247321601 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MWDDNYYY POLICY EXP MWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR PREMISES Ea occurrence ---- 1,000,000 $ ' MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A Y 660-5N42858A 07/10/2024 07/10/2025 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fx_1 JECT PRO ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y 660-5N42858A 07/10/2024 07/10/2025 BODILY INJURY (Per accide nt) $ X PROPERTYDAMAGE Per accident $ HIRED HNON-OWNED AUTOS ONLY AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B EXCESS LAB CLAIMS -MADE CUP-1S658322 07/10/2024 07/10/2025 DED I X1 RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A UB-5R378156 07110t2024 07/10/2025 X SPER TATUTE ER E.L. EACH ACCIDENT 1 OOOOOO $ E.L. DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1000000 $ D Professional Liability JE00002816 07/10/2024 07/10/2025 Professional Liability Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Key Deer Boulevard (north of Watson Blvd.)Professional Liability is written on a claims made and reported basis. Monroe County shall be named as an Additional Insured on the General Liability & Auto Liability when required by written contract and prior to rendering of services. JS 'T r 7.19 24 24 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County & Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE , KeyWest FL 33040 ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACC)R " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/13/2025 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 AWA Insurance Agency 13700 Six Mile Cypress Pkwy Suite 1 CONTACT NAME: Alefa Kerr PHONE FAX A/c No EXt : 239-418-1100 AC,No): 239-418-1164 ADDRESS: aefa@awainsurance.com INSURER(S) AFFORDING COVERAGE NAIC # Fort Myers FL 33912 INSURERA: Southern -Owners Ins Co 10190 INSURED CW3ENGI-01 CW3 Engineering Inc 5783 Bayshore Rd Unit 113 INSURER B : National Casualty Company 11991 INSURERC: Progressive Express Ins Company 10193 INSURER D : North Fort Myers FL 33917 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:556792991 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 LTR TYPE OF INSURANCE ADDL I SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 20877061 7/10/2025 7/10/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT1:1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY 997457884 5/14/2025 5/14/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PIP $ 10,000 A X UMBRELLALIAB X OCCUR 5607050300 7/10/2025 7/10/2026 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE A106671373 7/10/2025 7/10/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [-W] NIA E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability ADP0000745 7/10/2025 7/10/2026 Each Occurrence 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Key Deer Boulevard (north of Watson Blvd.) Monroe County & Monroe County BOCC is listed as additional Insured with respects to General Liability per the attached endorsement. Ae €K .T ,,T2. .SL.1C L. WAMW MA, 7 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 & Monroe County BOCC 1100 Simonton Street Key West FL 33040 AUTHORIZErPREPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Agency Code 12-0644-00 Policy Number 254612-20877061 55373 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under SECTION II - WHO IS AN INSURED is amended. The following provision is added. A person or organization is an Additional Insured, only with respect to liability caused, in whole or in part, by "your work" for that Additional Insured by or for you: 1. If required in a written contract or agreement; or 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to the loss indicating that the person or organiza- tion was an Additional Insured. B. SECTION III - LIMITS OF INSURANCE is amended. The following provision is added. The limits of liability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor or those specified in the Certificate of Insur- ance, if an oral contract or agreement, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended. 1. The following condition is added to 4.Other Insurance. This insurance is primary for the Additional Insured, but only with respect to liability caused, in whole or in part, by "your work" for that Addi- tional Insured by or for you. Other insurance available to the Additional Insured will apply as excess insurance and not contribute as primary insurance to the insurance provided by this endorsement. 2. The following condition is added. Other Additional Insured Coverage Issued By Us If this policy provides coverage for the same loss to any Additional Insured specifically shown as an Additional Insured in another endorsement to this policy, our maximum limit of insurance under this endorsement and any other endorse- ment shall not exceed the limit of insurance in the written contract or agreement between the insured and the owner, lessee or contractor, or the limits provided in this policy, whichever is less. Our maximum limit of insurance arising out of an 'occurrence", shall not exceed the limit of insurance shown in the Declarations, regard- less of the number of insureds or Additional Insureds. All other policy terms and conditions apply. 55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ACC)R " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/13/2025 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 AWA Insurance Agency 13700 Six Mile Cypress Pkwy Suite 1 CONTACT NAME: Alefa Kerr PHONE FAX A/c No EXt : 239-418-1100 AC,No): 239-418-1164 ADDRESS: aefa@awainsurance.com INSURER(S) AFFORDING COVERAGE NAIC # Fort Myers FL 33912 INSURERA: Southern -Owners Ins Co 10190 INSURED CW3ENGI-01 CW3 Engineering Inc 5783 Bayshore Rd Unit 113 INSURER B : National Casualty Company 11991 INSURERC: Progressive Express Ins Company 10193 INSURER D : North Fort Myers FL 33917 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1082084863 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 LTR TYPE OF INSURANCE ADDL I SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 20877061 7/10/2025 7/10/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT1:1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY Y 997457884 5/14/2025 5/14/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PIP $ 10,000 A X UMBRELLALIAB X OCCUR 5607050300 7/10/2025 7/10/2026 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE A106671373 7/10/2025 7/10/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [-W] NIA E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability ADP0000745 7/10/2025 7/10/2026 Each Occurrence 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Key Deer Boulevard (north of Watson Blvd.) Monroe County & Monroe County BOCC is listed as additional Insured with respects to General Liability and Auto Liability per the attached endorsements. APP8.1315K BN7 m WAiM KA , 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 & Monroe County BOCC 1100 Simonton Street Key West FL 33040 AUTHORIZErPREPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Form 2366 (02/11) M_CL Blanket Additional Insured Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Additional Insured Endorsement, we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability. This endorsement does not apply to acts, omissions, products, work, or operations of the additional insured. Regardless of the provisions of paragraph a. and b. of the "Other Insurance" clause of this policy, if the person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies, then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person or organization, signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. In no way does this endorsement waive the "Other Insurance" clause of the policy, nor make this policy primary to third parties hired by the insured to perform work for the insured or on the insured's behalf. ALL OTHER TERMS, LIMITS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. Agency Code 12-0644-00 Policy Number 254612-20877061 55373 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under SECTION II - WHO IS AN INSURED is amended. The following provision is added. A person or organization is an Additional Insured, only with respect to liability caused, in whole or in part, by "your work" for that Additional Insured by or for you: 1. If required in a written contract or agreement; or 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to the loss indicating that the person or organiza- tion was an Additional Insured. B. SECTION III - LIMITS OF INSURANCE is amended. The following provision is added. The limits of liability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor or those specified in the Certificate of Insur- ance, if an oral contract or agreement, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended. 1. The following condition is added to 4.Other Insurance. This insurance is primary for the Additional Insured, but only with respect to liability caused, in whole or in part, by "your work" for that Addi- tional Insured by or for you. Other insurance available to the Additional Insured will apply as excess insurance and not contribute as primary insurance to the insurance provided by this endorsement. 2. The following condition is added. Other Additional Insured Coverage Issued By Us If this policy provides coverage for the same loss to any Additional Insured specifically shown as an Additional Insured in another endorsement to this policy, our maximum limit of insurance under this endorsement and any other endorse- ment shall not exceed the limit of insurance in the written contract or agreement between the insured and the owner, lessee or contractor, or the limits provided in this policy, whichever is less. Our maximum limit of insurance arising out of an 'occurrence", shall not exceed the limit of insurance shown in the Declarations, regard- less of the number of insureds or Additional Insureds. All other policy terms and conditions apply. 55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ACC)R " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/13/2025 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 AWA Insurance Agency 13700 Six Mile Cypress Pkwy Suite 1 CONTACT NAME: Alefa Kerr PHONE FAX A/c No EXt : 239-418-1100 AC,No): 239-418-1164 ADDRESS: aefa@awainsurance.com INSURER(S) AFFORDING COVERAGE NAIC # Fort Myers FL 33912 INSURERA: Southern -Owners Ins Co 10190 INSURED CW3ENGI-01 CW3 Engineering Inc 5783 Bayshore Rd Unit 113 INSURER B : National Casualty Company 11991 INSURERC: Progressive Express Ins Company 10193 INSURER D : North Fort Myers FL 33917 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1082084863 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 LTR TYPE OF INSURANCE ADDL I SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 20877061 7/10/2025 7/10/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT1:1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY Y 997457884 5/14/2025 5/14/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PIP $ 10,000 A X UMBRELLALIAB X OCCUR 5607050300 7/10/2025 7/10/2026 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE A106671373 7/10/2025 7/10/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? [-W] NIA E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability ADP0000745 7/10/2025 7/10/2026 Each Occurrence 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Key Deer Boulevard (north of Watson Blvd.) Monroe County & Monroe County BOCC is listed as additional Insured with respects to General Liability and Auto Liability per the attached endorsements. APP8.1315K BN7 m WAiM KA , 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 & Monroe County BOCC 1100 Simonton Street Key West FL 33040 AUTHORIZErPREPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Form 2366 (02/11) M_CL Blanket Additional Insured Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Additional Insured Endorsement, we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability. This endorsement does not apply to acts, omissions, products, work, or operations of the additional insured. Regardless of the provisions of paragraph a. and b. of the "Other Insurance" clause of this policy, if the person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies, then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person or organization, signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. In no way does this endorsement waive the "Other Insurance" clause of the policy, nor make this policy primary to third parties hired by the insured to perform work for the insured or on the insured's behalf. ALL OTHER TERMS, LIMITS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. Agency Code 12-0644-00 Policy Number 254612-20877061 55373 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under SECTION II - WHO IS AN INSURED is amended. The following provision is added. A person or organization is an Additional Insured, only with respect to liability caused, in whole or in part, by "your work" for that Additional Insured by or for you: 1. If required in a written contract or agreement; or 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to the loss indicating that the person or organiza- tion was an Additional Insured. B. SECTION III - LIMITS OF INSURANCE is amended. The following provision is added. The limits of liability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor or those specified in the Certificate of Insur- ance, if an oral contract or agreement, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended. 1. The following condition is added to 4.Other Insurance. This insurance is primary for the Additional Insured, but only with respect to liability caused, in whole or in part, by "your work" for that Addi- tional Insured by or for you. Other insurance available to the Additional Insured will apply as excess insurance and not contribute as primary insurance to the insurance provided by this endorsement. 2. The following condition is added. Other Additional Insured Coverage Issued By Us If this policy provides coverage for the same loss to any Additional Insured specifically shown as an Additional Insured in another endorsement to this policy, our maximum limit of insurance under this endorsement and any other endorse- ment shall not exceed the limit of insurance in the written contract or agreement between the insured and the owner, lessee or contractor, or the limits provided in this policy, whichever is less. Our maximum limit of insurance arising out of an 'occurrence", shall not exceed the limit of insurance shown in the Declarations, regard- less of the number of insureds or Additional Insureds. All other policy terms and conditions apply. 55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1