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HomeMy WebLinkAboutAgenda 07.01.2025S�,Il m EROSION DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, July 1, 2025 6:01 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 1, Chair JAMES CLASBY District No. 2, Vice -Chair LARRY LEET District No. 3 ERIN LOWRY District No. 4 JAMIE FOWLER District No. 5 CATHY TOWNSEND Mission Statement Committed To Service, Focused On Our Future, Grounded By Tradition *Final on 6/25 Page 1 of 185 Regular Meeting Tuesday, July 1, 2025 6:01 PM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE —To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board's duties as the County's governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board's duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Human Resources Department at 772-462-1456, HumanResources@stlucieco.gov or TDD 772-462-1428 at least 48 hours prior to the meeting. z1P,: Page 2 of 185 Regular Meeting Tuesday, July 1, 2025 6:01 PM 1. CALL TO ORDER 2. GENERAL PUBLIC COMMENT 3. APPROVAL OF MINUTES There are no items scheduled. 4. CONSENT AGENDA A. PORT, INLET & BEACHES 1. Erosion District Funding Approval for the Multi -Purpose Staging and Commercial Waterfront Design/Permitting Effort - Amendment No. 2 to Contract C24-06-879 (Taylor Engineering) - Companion Item 2025-4299 Staff recommends Board approval to contribute $181,621.00 from the Erosion District (Fund 184) for the proposed design and permitting effort associated with the Harbour Pointe Regional Boat Ramp Phase 2 Multi -Purpose Staging and Commercial Waterfront area project element, to ensure a future staging area for all future Erosion District projects and initiatives. S. REGULAR AGENDA There are no items scheduled. 6. MOTION TO ADJOURN 3 1 P, : Page 3 of 185 FFM TO: PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: 2025-4389 DATE: 7/1/2025 AGENDA REQUEST Erosion District Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches Erosion District Funding Approval for the Multi -Purpose Staging and Commercial Waterfront Design/Permitting Effort - Amendment No. 2 to Contract C24-06-87S (Taylor Engineering) - Companion Item 2025-4299 The historic use of Harbour Pointe Park (used as a staging area for numerous Erosion District Projects), and the proposed future use of the Multi -Purpose Staging and Commercial Waterfront area associated with the Harbour Pointe Regional Boat Ramp project, were found to be consistent with the Erosion District's long-term objectives. As such, staff proposes that the Erosion District Board consider contributing 50% Erosion District funding towards the design/permitting of the Multi -Purpose Staging and Commercial Waterfront area. The total cost of the design and permitting effort associated with this feature has been estimated by Taylor Engineering to be $363,241.02. The fee is incorporated into Amendment No. 02 to Contract C24-06-879 (Taylor Engineering) which is being considered at the BOCC Regular Meeting on July 1, 2025 (Agenda Item 2025-4299). Staff proposes that $181,621.00 (50%) be used from the Erosion District (Fund 184) towards the proposed effort. Please note that the expenditure of Erosion District funds for the proposed improvement (as described within Agenda Item 2025-4299) falls within the definition of construction and/or improvement of erosion -prevention facilities and has been determined to be in line with the Erosion Districts' enumerated purpose (in accordance with Code). PREVIOUS ACTION: See Agenda Item 2025-4299 (Companion Item). FINANCIAL IMPACT: The total cost for the design and permitting of the Harbour Pointe Regional Boat Ramp Phase 2 Multi -Purpose Staging and Commercial Waterfront area is estimated by Taylor Engineering to be $363,241.02. Approval from the Erosion District Board is requested to fund 50% of this design and permitting effort. An Erosion District contribution of $181,621.00 is proposed from reserve account 184-9910-599300-910000. RECOMMENDATION: Page 4 of 185 Staff recommends Board approval to contribute $181,621.00 from the Erosion District (Fund 184) for the proposed design and permitting effort associated with the Harbour Pointe Regional Boat Ramp Phase 2 Multi - Purpose Staging and Commercial Waterfront area project element, to ensure a future staging area for all future Erosion District projects and initiatives. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: June 21, 2025 Jennifer Hill, Office of Management & Budget Director r' Date: June 23, 2025 Daniel McIntyre, County Attorney Date: June 23, 2025 Mayte Santamaria, Deputy County Administrator Page 5 of 185 10.P.1. TO PRESENTED BY SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of County Commissioners Joshua Revord, Port, Inlet & Beaches Director Port, Inlet & Beaches 2025-4299 CONSENT AGENDA - PORT, INLET & BEACHES DATE: 7/1/2025 *ACTION ITEM -AMENDMENT QUASI-JUDICIAL ITEM? No Amendment No. 2 to Contract C24-06-879 (Taylor Engineering) - Harbour Pointe Regional Boat Ramp Design and Permitting (Stage 2) On February 28, 2024, responses to RFQ No. 24-032 for Professional Engineering Services associated with the Harbour Pointe Regional Boat Ramp project were opened. The outlined scope of services for the RFQ included the design and permitting of a regional boat ramp facility including (but not limited to) boat ramps and supporting bulkhead, dredging design (and possible mitigation designs/plans), floating docks and/or tending docks, restroom facilities, parking area(s), and associated civil infrastructure. Four proposals were ultimately received, and Taylor Engineering was selected and offered Contract C24-06-879 to help the County design/permit the proposed boating facility. To ensure future design efforts ultimately address stakeholder/end-user needs, and to ensure that the design best reflects the Board of County Commissioners purpose for the underlying lands, an initial conceptual design phase (identified as a "Stage 1" effort) was scoped and initiated prior to the official design/permitting effort. This pre -design effort was seen as essential to ensure that the proposed boat ramp facility was properly sized and sited and that the planform of the facility included all the amenities that would be expected by future patrons of the facility. The Stage 1 Conceptual Design phase was concluded on April 15, 2025, when the BOCC reached consensus on the Preferred Alternative (Conceptual) Plan presented by Staff and Taylor Engineering during a BOCC informal meeting. As such, PIB Staff/Taylor Engineering were tasked with formulating a subsequent "Stage 2" effort for the design and permitting associated with the Preferred Alternative (Conceptual) Plan as presented to the BOCC. Amendment No. 2 to Contract C24-06-879 with Taylor Engineering includes those design and permitting efforts required for all three (3) phases of project development which were presented to the BOCC during the April meeting. A copy of the presentation is attached for reference purposes. It should be noted that increased boater access to the Intracoastal Waterway/Atlantic Ocean has been a topic of discussion in our region for many years and that a boat ramp facility at Harbour Pointe Park was formally adopted by the BOCC in the 2020 Port of Fort Pierce Master Plan and Reinvestment Strategy. It should also be noted that a majority of the proposed project footprint is proposed to be constructed within land originally Page 6 of 185 purchased for recreational and commercial purposes (consistent with future port development). Therefore, the proposed facility is consistent with the purpose of the underlying land and in line with the development vision for Harbour Pointe Park. The objective of the project is to create a world -class recreational boat ramp facility for our community that addresses the current boat trailer parking space deficit within our region, while also promoting the future development of Harbour Pointe Park. The proposed project will create a unique destination for our residents and visitors and could provide unique revenue streams for the Port that can be used to offset future maintenance of the facility. PREVIOUS ACTION: June 4, 2024—Board approval of RFQ No. 24-032 to negotiate with Taylor Engineering, Inc. for Professional Engineering Services for the Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure project. (Agenda Item 2024-34200); Stage 1 (Conceptual Design Phase) executed for $60,873.00. February 11, 2025 — Informal presentation by Staff to the BOCC regarding recently acquired lands (conveyed by Destin Beach Inc. in an exchange agreement) contiguous to the County's historic Harbour Pointe landholdings. BOCC consensus was reached and Staff was provided with direction to move forward with conceptual design formulation upon both historic and the newly acquired lands. March 19, 2025 — Amendment No. 1 approved administratively, adding $8,974.00 to the total cost of the Stage 1 effort, including a detailed budgetary cost estimate for planning purposes. Total contract cost adjusted to $69,847.00. April 15, 2025 — Informal presentation by Staff to the BOCC on the conclusion of the Stage 1 Conceptual Design effort. The BOCC was presented with the Preferred Alternative (Conceptual) Plan for the Harbour Pointe Regional Boat Ramp Facility, and the BOCC reached consensus and provided Staff with direction to move into the subsequent design/permitting phase of project development (to be known as Stage 2). The presentation included a preliminary cost estimate that identified the cost of the proposed project at approximately $18.1M; composed of three (3) distinct project phases: Phase 1) The Boat Ramp Facility, Phase 2) A Multi -Purpose Staging and Waterfront Area, and Phase 3) a Round -About central feature, as further developed in the presentation by staff. FINANCIAL IMPACT: Amendment No. 02 to Contract C24-06-879 with Taylor Engineering requires an additional $1,419,721.00 to design and permit the Preferred Alternative (Conceptual) Plan as presented to the BOCC on April 15, 2025 (including all three proposed phases). Amendment No. 02 will bring the total contracted cost of the design and permitting effort to $1,489,568.00. The additional funding needed for Amendment No. 2 (Stage 2 Design/Permitting effort) is proposed from the following accounts: $500,000.00; 316803-4310-531000-224628 (FIND Grant SL-24-77) $738,100.00; 31001x-4310-563000-224628 (Impact Fees) $181,621.00; 184-9910-599300-224628 (Erosion District)* * The historic use of the Harbour Pointe site (used as a staging area for many Erosion District Projects) and the proposed future use of the Phase 2 Multipurpose Staging and Commercial Waterfront area were found to be consistent with the Erosion District's charter. As such, staff proposes that the Board consider contributing 50% Erosion District funding towards the design/permitting efforts associated with this feature. The Phase 2 Page 7 of 185 Multipurpose Staging and Commercial Waterfront area design and permitting effort is estimated by Taylor Engineering to be $363,241.02 (See proposed fee estimate breakdown); therefore, staff proposes $181,621.00 (50%) be used from the Erosion District for this effort upon approval from the Erosion District Board in a companion agenda item (2025-4389). RECOMMENDATION: Staff recommends Board approval of Amendment No 2 to Contract C24-06-879 with Taylor Engineering Inc., increasing the contracted amount for the Stage 2 design and permitting effort for the Harbour Pointe Regional Boat Ramp project by $1,419,721.00 from $69,847.00 to $1,489,568.00 and authorization for the Chair to sign documents as approved by the County Attorney. The proposed effort is consistent with the BOCC's newly approved Strategic Plan Initiatives and includes marine infrastructure which will promote future Port Development. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: Jennifer Hill, Office of Management & Budget Director Date: Daniel McIntyre, County Attorney Date: Mayte Santamaria, Deputy County Administrator Page 8 of 185 i N E E R I N G , i Contract No. C24-06-879 Professional Engineering Services Harbour Pointe Regional Boat Ramp And Associated Civil Infrastructure Amendment 2 Taylor Engineering Work Authorization Stage 2 — Design and Permitting INTRODUCTION 1101MV7=1 St. Lucie County (County) has engaged Taylor Engineering (Taylor) to complete engineering and architectural design and permitting of a regional boat ramp facility and associated civil infrastructure, including but not limited to boat ramps, supporting bulkheads, dredging, floating and fixed docks, restroom facilities, parking and pavement area(s), stormwater facilities, utilities, and other associated infrastructure to support the development of Harbour Pointe Park. Under a separate work authorization, Taylor developed a preliminary regulatory strategy that included a shoreline assessment, nearshore topographic and bathymetric survey, natural resource survey, and limited geotechnical testing to support waterfront structure design. Under the current professional engineering services contract, Taylor developed a preferred conceptual site plan (Exhibit A) and budgetary cost estimate (Stage 1). The Board of County Commissioners (BCC) concurred with the project's conceptual framework during an informal meeting on April 15, 2025, thus initiating Stage 2 of the project to conduct design and permitting. This Stage 2 Scope of Work includes relevant data collection, progressive engineering and architectural design, regulatory permitting, local permitting, final design, preparation of construction documents, and bid assistance. ASSUMPTIONS Taylor made several assumptions, including exclusions and provisions by the County, in developing this scope of work and associated fees for the project. The assumptions noted below, and throughout this scope of work, affect the proposed level of effort and associated costs. If any of the assumptions should prove incorrect, Taylor may submit a proposal to modify the scope of work and fees accordingly. City of Fort Pierce (City) permitting (utility, Right -of -Way, and driveway) and coordination will not be required as the project lies solely on County property. Taylor will develop an application and coordinate the City's Development Review (Site Plan Review). f, The project area is limited to the subject property (Parcels 2403-123-0000-000-1 and 2403-123-001- 0008; referenced from St. Lucie County Public Works Department Survey & Mapping Section Boundary and Tidal Water Survey, Harbor Pointe by St Lucie County Public Works dated June 20, 2022) as well as parcels B1, B2, and B3 (parent Parcel ID 2403-213-0001-000-4 and 2403-213-0001- 10199 SOUTHSIDE BLVD., SUITE 310 1 JACKSONVILLE, FL 32256 1 TEL 904.731.7040 WWW.TAYLORENGINEERING.CONI Page 9 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 2 of 16 010-7; referenced from Boundary Survey Destin Beach, Inc. Property Exchange by WGI. Inc. dated February 25, 2023). There are no identified Recognized Environmental Conditions (REQ. f There are no existing utilities within the project limits. Utilities service design will be provided by others within the new Avenue "M" corridor to the project limit. Utility engineering by Taylor will be limited to within the project limits. If practical, the Avenue M street light controls will stem from the Avenue M corridor (designed by others). f, Tree protection and/or mitigation requirements will be done by the contractor during construction (or others) and will not be required to be performed prior to final development order issuance (LDC Sect 12-66.c). Shade structures will be pre-engineered and designed by a specialty supplier. Floating docks, gangways, fencing, railings will be designed but engineered by a specialty engineer as a shop drawing submittals. f Site lighting may include a combination of security lighting, parking area lighting, pathway lighting, landscape lighting, and pole -mounted lighting. Street lighting will match the Avenue M corridor design (by others) and will initiate at the subject property line. Taylor will approximate design mooring loads based on vessel information provided by the County. Mooring will not be permitted during storms. Taylor will develop anticipated crane and equipment loads required for the relief pad based on information provided by the County. Taylor assumes regulatory authorities will accept hydrographic model calibration based on measured mean -tide current velocities. Mitigation for mangrove impacts will be addressed through use of the County's mitigation bank (Bear Point). County will be the applicant on permit applications and Taylor will serve as the agent. Permit fees will be paid by Taylor and reimbursed by the County. Avenue M construction, related decommissioning, and stormwater connections to the onsite pond will be constructed prior to preparation of Environmental Resource Permit applications. The total design and permitting project duration will be a maximum period of 22 months. EXCLUSIONS Environmental Site Assessments and environmental remediation. U„- County permitting, planning, certificates of capacity and other development -related coordination (i.e., for a County Development Order). Taylor assumes that, because the project is within City limits, that a City Development Order and City Building Permit will be required for the project. Traffic studies and/or analyses (e.g., Traffic Impact Report). Taylor assumes the City will deem project exempt or de minimus. Hof Cultural resource surveys. Zoning changes and other Professional Land Planning services. Aerial imagery. Park entry gates and/or traffic excluders along the primary corridor. Traffic excluders may be included within the boat ramp parking area for separation of the multi -purpose staging and commercial waterfront. Communications (coaxial and fiberoptics) design. Conduits and pull boxes may be routed along the Avenue M corridor, if requested by the provider. In this case, the provider would provide design, s Page 10 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 3 of 16 which would be incorporated in the plans. Communication lines will likely be directionally bored by the provider following project completion. Designs related to the Conex vending (structural slabs, utilities, etc.). Conduits may be routed to the Conex vending locations for future use, as appropriate. Marine electrical (power pedestals). Fueling facilities. Marine sanitary devices (pump -out) and facilities. Live -aboard vessel mooring. Underwater debris location and/or removal. Subsurface Utility Engineering (subsurface utility locates). The County has provided information regarding onsite utilities and indicates that there are no documented utilities onsite. If later evaluation by the County indicates the existence of onsite utilities, Taylor may require additional scope and fees to conduct subsurface utility investigations. Offsite natural resource mitigation design. Design for site monuments or artistic sculpture pieces. Detailed coordination with the Department of Agriculture & Consumer Services (DACS). Detailed modeling, investigations or assessments regarding sediment transport, the interaction of the proposed structures with incident waves (wave modeling), or potential erosion/accretion impacts to adjacent shorelines. Taylor does not guarantee, warranty, or otherwise ensure that the regulatory agencies will authorize the proposed project. Further, Taylor does not have control over regulatory review timelines. f Construction phase engineering services, which may occur under future stage. Any service not expressly described herein. PROVIDED BY COUNTY Previous Environmental Site Assessments, permits, permit applications, plans, and any other studies related to the project site, including the adjacent Taylor Creek maintenance dredging. am Avenue M design information and as -built surveys in digital format. Boundary surveys for all subject parcels including riparian rights lines in AutoCAD format. Access to mitigation bank and payment of related mitigation fees. Development -related impact fees. Coordination of any required easements, use agreements, etc. O„, Non-proprietary property and development information to support the environmental alternatives analysis. ,, Public meetings, hearings, relations, presentations, and related coordination. Direction regarding the proposed docking facility elements (e.g., number of slips, sizes, general uses, amenities, etc.). f Coordination with neighboring property owners and provide direction regarding existing structures and riparian offsets or exemptions. TASKS Tasks 1 and 2 were completed as Stage 1— Conceptual Site Planning. Task 1 — Conceptual Site Planning was performed under the original Work Authorization and Task 2 — Budgetary Cost Estimate was performed under Work Authorization Amendment 1. s Page 11 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 4 of 16 Tasks 3 — 7 comprise Stage 2 — Design and Permitting, which will be performed under this Work Authorization Amendment 2. TASK 3: DATA COLLECTION Taylor aims to conduct data collection in a comprehensive manor to support the design, permitting, and construction requirements of the project. Notably, these efforts are scoped to append existing datasets from previous investigations with specific intent to meet regulatory permitting requirements and provide more detailed information to support planned structure locations that were determined during the conceptual planning for the project. Task 3.1: Natural Resource Survey Verification Taylor will append the 2024 natural resource survey of the proposed site to include the updated project limits (including B1/B2/B3 parcels). The survey will comprise a detailed field assessment of the vegetation communities including wetlands and submerged resources, as well as other vegetative community characteristics including invasive, exotic, and nuisance species. From the shoreline, the survey boundary will extend offshore 100 feet or to the approximate eight feet below mean low water depth contour, whichever is first encountered. The landward limits of the survey will encompass the full project limits indicated by Exhibit A. The survey will employ qualitative and quantitative methods to a level of detail necessary support state and federal regulatory permitting. The field assessment will also include an evaluation of available habitat and potential site use by state- and federally -listed species. This scope of work does not include species -specific wildlife surveys. Gopher tortoise surveys and related permitting will be performed immediately prior to construction, under a separate authorization. Taylor will perform the survey within seagrass survey season (June 1 through September 30) established by the state and federal regulatory and resource agencies. Task 3.2: Topographic, Bathymetric, and Mean High Water Line Survey Taylor will perform a topographic, limited bathymetric, and Mean High Water (MHW) survey of the project area in general conformance with all applicable Florida Administrative Code (F.A.C) and State Statutes (F.S.). Coordinate data shall be referenced to the North American Datum of 1983 (NAD83), State Plane Coordinates — Florida East. Elevations shall be reference to the North American Vertical Datum of 1988 (NAVD88). All surveys will be conducted by, or under the direct responsible charge of a Florida Licensed Professional Surveyor and Mapper and will be performed in accordance with the "Standards of Practice" set forth in the F.S. Chapter 472 and F.A.C. Chapter 5J-17. At a minimum, Taylor will provide surveying services that include the following within the project area: Qf Topography including location of all site features, and recording existing ground elevations at set intervals and at all grade changes; * Existing structures (extents and elevations): debris, riprap, gravel parking areas, etc.; Stormwater facilities and infrastructure (type, size, extents, elevations); s Page 12 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 5 of 16 Tree species, location, and size of trees 14-inch diameter at breast height (DBH) or greater, including multiple trunks with DBH sum equal or greater than 14 inches, and palm trees with minimum clear trunk of ten feet; f Mean High Water Line (MHWL) Boundary, recorded with FDEP in a Tidal Water Survey Notice of Filing in accordance with F.S. Chapter 177, if required; f Location of known, active, and documented utilities, Taylor will coordinate utility locates (811) prior to mobilization. Subsurface utility engineering and related locates are excluded per information provided by the County; Bathymetry within 25 ft of the existing shoreline to tie-in to 2024 survey limits shoreline adjacent to Taylor Creek; am Navigation markers, pilings, navigation channel(s); and, Shore protection features extents and elevations (ripraps, bulkheads, groins) including known submerged riprap (identified via shallow probing) and neighboring structures within +/- 50 feet of riparian rights line. Task 3.3: Water Quality Sampling and Analysis FDEP requires docking facilities over 10 slips to conduct water quality sampling and analysis in accordance with Chapter 62-302 F.A.C. In the pre -application meeting (Task 5.1) Taylor will confirm if water quality sampling is required for the project. If confirmed, Taylor will coordinate the required water quality parameters, number of samples, sampling depth, and frequency of sampling needed to support the permit authorization prior to conducting field work. Taylor will collect triplicate water samples from three stations; one station within the proposed docking facility, one near the relief pad, and one in a central location of Taylor Creek that will serve as background. Water quality sampling will be in accordance with Class III predominantly marine waters. Taylor will collect the samples in general accordance with FDEP Quality Assurance and Standard Operation Procedures Rule Chapter 62-160, F.A.C. At each sample location, Taylor will collect triplicate samples at the required depths, pack the samples on ice in coolers, and deliver the samples to a NELAC certified laboratory to test for Total Organic Carbon, Metals (arsenic, cadmium, chromium, copper), Total polycyclic aromatic hydrocarbons (PAH), Total Recoverable Petroleum Hydrocarbons (TRPH), Total Lead, Total Mercury, Total Zinc, Total Phosphorus (TP), Total Nitrogen (TN), Enterococci and/or E. coli. During sample collection, Taylor will use a multi -parameter water quality meter to measure dissolved oxygen, salinity, specific conductivity, turbidity, total suspended solids, and temperature at each water quality station and required depth. Taylor assumes that FDEP will accept waiver of data logger requirements at each sample location to record salinity and conductivity over a 24-hour period as required by FDEP guidance. After the initial sampling event, Taylor will complete the dissolved oxygen sampling required in Chapter 62-302.533 F.A.C(2)(b) and (c) and the Enterococci sampling required in Chapter 62-302.530(6)(a). Following all laboratory analyses, Taylor will provide a summary report detailing the field methods, results of the water quality measurements, lab analyses, and sampling and measurement locations as typically required by FDEP. s Page 13 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 6 of 16 Task 3.4: Hydrographic Data (Water Levels and Velocities) Taylor will collect water level and velocity data at the project site to support the waterfront facilities design and to support hydrographic modeling (Task 5.3). Taylor will install a tide gauge near the project site and another near the Ft. Pierce Inlet to collect water level data. Taylor will collect velocity data with an Acoustic Doppler Current Profiler (ADCP) to capture average tidal and rainfall induced velocity in Taylor Creek. Taylor will analyze the data and incorporate the results into the deliverables of the hydrographic modeling report (Task 5.3) and the Coastal Conditions Analysis (Task 5.4). Task 3.5: Upland Geotechnical Testing, Sampling, and Analysis Taylor — working with our Geotechnical Engineering teammate (Terracon) — will conduct geotechnical investigations including field services, laboratory testing, and engineering services to evaluate soil and groundwater conditions for the project. These geotechnical investigations will append the nearshore and overwater borings performed in 2024 under a separate authorization. This current land -based effort will focus on collecting information required for the design of upland features (paving, building foundations, stormwater, etc.). The planned boring locations are based on the preferred conceptual site plan. Taylor will conduct the following field tests: Standard Penetration Test (SPT) borings, double ring infiltrometer tests, field permeability tests, seasonal high groundwater identification, limerock bearing ratio with resilient modulus correlation, and sample collection for visual Unified Soil Classification System (USCS) classification and lab analyses. Taylor will perform the necessary laboratory soil testing to determine USCS soil classifications and to evaluate and document general material properties to include moisture sensitivity, drainage characteristics (infiltration), moisture content, unit weight, and grain size analysis tests. Following the completion of the field and laboratory testing, Taylor shall submit to the County a geotechnical report prepared and signed and sealed by a qualified geotechnical engineer involved in the exploration, which will include the following: An understanding of the project information pertinent to the geotechnical exploration; A summary of the activities performed during the study; ,. The site and geotechnical conditions observed at the time of the study, and the impact(s) they may have on the proposed project; 0 The soil and groundwater conditions encountered in the borings, including an estimate of seasonal high groundwater level; G// A summary of the laboratory soil test results; Site preparation recommendations to include soil improvement or removal requirements for unsuitable soils (as needed), control of groundwater during construction, and placement and compaction and specification requirements for structural fill; Sheet -pile design recommendations including estimated soil unit weights, angle of internal friction for sand soils and cohesion for clay soils; s Page 14 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 7 of 16 Pavement design recommendations including subgrade improvement and compaction requirements, recommended pavement type (e.g., flexible asphaltic concrete or rigid concrete pavement) based on the subsurface conditions encountered and the expected traffic mix, base material recommendations based on the soil and groundwater conditions encountered, base compaction recommendations, and recommended asphaltic concrete and compaction requirements. The geotechnical report shall include typical pavement sections; Foundation design recommendations, including recommended foundation type(s), site improvements requirements for shallow foundations, allowable bearing capacities, and estimated settlements for shallow foundations. Installation recommendations and allowable pile load capacities shall be presented for concrete pile design for the pile supported structures, which may include the restroom building; and, Stormwater pond and swale recommendations including pond type and recommended values of hydraulic conductivity in the vertical and horizontal direction. Task 3.6: Sediment Quality Sampling and Analysis Taylor's review of the water borings collected in 2024 indicates that the proposed dredge areas contain mostly fine sediments that will require sediment quality sampling and analysis. To collect sediments within the proposed dredging areas, Taylor will extract vibracores to a proposed depth of approximately -12 and -14 ft-NAVD (two feet below the proposed design depth). Taylor will extract triplicate vibracores at each of up to four locations. Taylor will collect representative samples from the cores based on stratification within the core (sample from each visible layer) and conduct USCS classification and grain size analysis on these representative samples. Taylor estimates a maximum of three visible layers per core. Per FDEP guidance, any samples containing greater than 10% fines (material passing #200 sieve) require chemical analysis for the following parameters: RCRA metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver), copper, nickel, zinc, total recoverable petroleum hydrocarbons (TRPH), and polycyclic aromatic hydrocarbons (PAHs). For samples that require chemical analysis, Taylor will transport samples to a NELAC-certified laboratory. Because the total quantity of samples and related analysis is unknown, Taylor will submit laboratory invoices for reimbursement under this task. Taylor estimates a maximum of two layers per core will require chemical evaluation. Task 3.7: Sediment and Elutriate Chemistry Sampling and Analysis Taylor anticipates that, of the numerous samples that will be analyzed for sediment quality (Task 3.6), some samples may indicate exceedances of exposure levels that, based on the FDEP Submerged Lands and Environmental Resource Program (SLERP) guidance, will require further analysis to determine suitability for placement. Chemical laboratory analysis to determine suitability for upland disposal will require elutriate analysis and may require Synthetic Precipitate Leaching Procedure (SPLP) analysis. The results will be used to assess the risk of groundwater contamination posed by the land application of dredge material. SPLP leachate will be measured and compared to benchmark groundwater quality criteria to determine if groundwater contamination is likely. The SPLP and elutriate sample results could provide valuable information which will help determine the acceptable dredging methods and sediment disposal requirements for the proposed dredging. Taylor assumes a maximum of one sample per core will require elutriate and SPLP analysis. s Page 15 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 8 of 16 The SLERP guidance also requires that if any of the samples exceed recreational exposure or leaching thresholds that elutriate testing be performed for the constituents that exceed the thresholds. Elutriate testing is used to determine the likelihood that contaminants will be re -suspended in the water column, potentially causing state water quality violations during dredging activities. Taylor recommends the collection of additional site water and sending retained samples to produce elutriate and subsequent testing for metals. If SPLP analysis indicates that upland placement of the dredge material is not acceptable, landfill placement may be required. Landfill placement generally requires Toxicity Characteristic Leaching Procedure (TCLP) analysis. Taylor assumes a maximum of one sample per core will require TCLP analysis. This task is a contingency that may or may not be required based on the results of Task 3.6. To reduce the potential cost of re -mobilizing over water crews to the site, Taylor proposes to collect all field samples for this task while mobilized for Task 3.6. Taylor will perform all sampling, preservation, and storage of samples for this task under Task 3.6. The fee for this task can be considered a contingency, in that this task will only be applied if the results of Task 3.6 indicate that this SPLP and elutriate chemistry are required. Accordingly, this task includes reimbursable laboratory costs and estimated time to compile laboratory results into a summary report and incorporate resultant sampling and testing information into the permit applications. If results of Task 3.6 do not require sediment and elutriate chemistry, Taylor will submit an amendment to deduct this task from this scope of work. TASK 4: DESIGN DEVELOPMENT AND CITY SITE PLAN REVIEW Task 4.1: Conceptual Design Development Drawings (30%) Taylor will develop the approved concept with engineering design to the 30% design -level. Taylor's engineers and architecture teammates (KEITH, Lucido & Associates, and CPZ Architects) will develop full- size (22" x 34") Conceptual Design Development (30%) Drawings that depict the basic features of the major project components sufficiently to support the County Development (Site Plan) Review process. Such information will include, but will not be limited to, structure locations, parking/pavement and landscape areas, and approximate size, type and material of in -water and waterfront park features. These drawings will consist predominantly of plan -view layouts with typical cross sections or elevation views of major project components including boat ramps, supporting bulkheads, dredging, floating and fixed docks, restroom facilities, parking and pavement area(s), stormwater facilities, and utilities. These drawings may support initial regulatory consultations (Task 5.1). and will support the County Development (Site Plan) Review (Task 4.2). The 30% design stage is a critical milestone for incorporating County comments. Taylor will meet with the County to review Conceptual Design Development Drawings and solicit feedback from the County. The County will provide written comments to Taylor which will be considered by Taylor's engineers and architects in preparation of the 60% Design Documents (Task 4.3), or if required conduct minor revisions to support Task 4.2. Change requests or major comments after this 30% milestone will be likely result in schedule changes due to permitting requirements and could result in changes to the scope and fee requirements. Taylor will document and provide a written response to all County comments. s Page 16 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 9 of 16 Task 4.2: Development (Site Plan) Review Application and Coordination The City will require a Development Order for the project. Taylor will perform the following work in support of obtaining the required Development Order authorization from the City. Taylor will schedule a meeting with relevant City staff from the planning and engineering departments to review the proposed project. City staff will determine the required level of review and clarify information requirements. Taylor will prepare and distribute meeting notes resulting from the pre -application Conference. Taylor assumes the 30% design level drawings will be sufficient for the Development Order application review. The City Department of Engineering and County Planning and Development Services require submittal items as a part of the Development Order review process. Taylor has based the fee estimate on the City's Development Review Checklist and the Land Development Code Sec. 123-313.a Major Site Plans, Sec.125-314 Design Review, and Sec. 123-4 Submission of Plans. As a part of this Task, Taylor will coordinate with the appropriate utility service providers (Fort Pierce Utility Authority) regarding capacity to support the project, as well as the South Florida Water Management District regarding preliminary drainage information. In addition to the Conceptual Design Development Drawings, Taylor will prepare the following documents for submittal to the City. Development Review application; �f Written narrative for the project; f Architectural renderings or examples of the proposed architectural style and exterior elevations; Color renderings of proposed signs; 00 Color board containing actual color samples of all exterior finishes keyed to the exterior elevations; Photographs of existing structures; f, Diagram of mass and form allowable under current zoning; Florida Master Site File search results; Landscape Plan, and; f Preliminary Vegetation Removal and Tree Mitigation Plans. Task 4.3: Preliminary Engineering Design and Permit Drawings (60%) Taylor will develop the Preliminary Engineering Design and Permit Drawings (60% design level) based upon the 30% design level documents (Conceptual Design Development Drawings) reviewed and approved by the County. During this Subtask, Taylor's engineers and architects (KEITH, Lucido & Associates, and CPZ Architects) will develop Design Drawings that fix the type, location and size of the major project features at the 60% design level. The 60% Design Documents will include incorporation of waterfront engineering; civil engineering; landscape design; architectural design; structural engineering and building mechanical, electrical, and plumbing (MEP) engineering. The waterfront project components include engineering for the boat ramps, supporting bulkheads, dredging, floating and fixed docks, as well as applied science and engineering for environmental restoration. The civil project components include parking and pavement area(s), stormwater facilities, and utilities engineering. The architectural project components include design and structural engineering services for the restroom facility as well as landscape architecture and park signage design (excluding monuments). The MEP project components include design for the restroom facility and their ancillary structures (e.g., ramps) as well as site lighting. s Page 17 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 10 of 16 Within the 60% drawings, Taylor will include additional information specific to regulatory permitting review. Such information includes environmental impacts summary and UMAM area quantifications, sovereign submerged land lease boundaries, and general notes summarizing required information (detailed dimensions, total preempted area, proposed SSLL area, etc.). The County will review the deliverables of this Subtask and provide written comments for review during a 60% Design Review meeting. Taylor will coordinate with the County to schedule a 60% design review meeting to receive comments. As noted in Task 4.1, major comments regarding features of the project could result in schedule changes and could have potential to affect the scope of work, as the 60% plans are proposed to be used for regulatory permitting. Task 4.4: Opinion of Probable Construction Cost (60%) Taylor will update the Conceptual Estimate of Construction Cost to develop an Opinion of Probable Construction Cost (OPCC) based on the Preliminary Engineering Design and Permit Drawings that is appropriate to a level of detail and accuracy presented in the 60% design. This OPCC will comprise a list of major items with associated quantities and unit costs. Taylor will apply internal and external data to develop a cost opinion for each major project element. Line items shall be organized by engineering discipline and separated to enable comparisons with the bid tabulation (see Task 7). TASK 5: REGULATORY PERMITTING (USACE & FDEP) Task SA: Pre -application Meetings (USACE & FDEP) Preapplication meetings are required for regulatory permitting. Taylor will develop materials for, coordinate and conduct up to two (2) virtual pre -application meetings to include staff from FDEP, USACE, and the County. Taylor will develop a presentation summarizing the background data and the concept for the pre -application meeting. During the meeting, Taylor will solicit feedback and advice concerning permit application requirements and any other issues of concern to the regulatory agencies. Taylor may request from the agencies additional information or waivers of specific permitting criteria to provide the County greater schedule and cost savings during any future permitting process. Taylor will also request confirmation of the proposed data collection approach and confirm specific requirements. As a part of this task and to support regulatory review, Taylor will estimate potential impacts and restorative features in a preliminary Uniform Mitigation Assessment Method (UMAM). Taylor will prepare the meeting presentation(s), agendas, and meeting minutes to document the conversations, action items, and recommendations of the agencies. Task 5.2: Jurisdictional Determinations (USACE & FDEP) Using information collected in Task 3.1, Taylor will prepare figures, applications, and will coordinate the USACE Approved Jurisdictional Determination and FDEP Formal Determination processes. Approval of the jurisdictional determination process prior to permitting will help expedite the regulatory review of the project and will also avoid the need to re -map jurisdictional boundaries if there is an unforeseen delay in the project. Once established, the jurisdictional determinations are valid for five years. s Page 18 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 11 of 16 Task 5.3: Hydrographic Modeling During the regulatory pre -application meeting, FDEP will likely indicate that they will require a hydrographic assessment of the project to demonstrate that tides and currents will reduce the concentration of a conservative pollutant introduced into the project area by 90%within 96 hours. Taylor will develop a hydrodynamic numerical model(s) of the area and the adjacent waters to predict whether a potential pollutant released within the proposed project area will meet the FDEP criteria. The analysis includes field efforts (conducted under Task 3.4) to record tidal elevations and tidal velocities; this field work will support calibration of the model as necessary to validate our results to the permitting agencies. Taylor assume FDEP will accept model calibration based on recorded current measurements. The hydrodynamic model(s) will apply available bathymetric data and represent the proposed dredged condition of the boat ramp, seawall, and docking facility. Taylor will then develop a contaminant transport model for the project site and incorporate the results of the hydrodynamic model. This model will predict the time required for a hypothetical conservative pollutant to decay by 90% of its original concentration in accordance with the requirements of the state's Environmental Resource Permit Applicant's Handbook. The study will consider one proposed configuration for the site to evaluate flushing characteristics. Taylor will prepare a hydrographic study report which will serve as a key component of the permit application. The report will include a description of the modeling procedures and the flushing time for the project site. Task 5.4: Coastal Conditions Analysis Taylor will evaluate the site from the perspective of coastal vulnerability, shore protection, and waterfront structures design. Taylor will develop a coastal conditions assessment that will apply to all waterfront structures. As a part of this task, Taylor will review previous studies for the site, including the 10% Basis of Design Document (10% Basis of Design Document, Port of Fort Pierce Seawall Design at Harbour Pointe by Atkins, Dated October 11, 2023), which recommends a minimum base site elevation of 7.5 ft-NAVD. Taylor will perform a detailed assessment of coastal conditions to incorporate storm resiliency to waterfront structures. Taylor will prepare a coastal conditions analysis to define waterfront design parameters at the proposed project site. Taylor will compile existing site -specific information such as tidal datums, storm surge elevations, and wind records required for regulatory permitting. Taylor will use this information to estimate the wind -generated waves at the site for varying -level storm events based on available FEMA and USACE modeling and Taylor -conducted empirical wave modeling. The results of the study will provide critical design parameters for varying -level storm events. Taylor will determine wave heights at the site and compare these to fetch -limited model wave heights based on ASCE 7-22 wind speeds and FEMA and USACE wave model results. Taylor will develop statistical (i.e. return -period) coastal conditions for water levels, wind -speeds, and wind -driven wave heights for County review and direction for structural design conditions (e.g., 50-yr return -period event). The analysis will also provide the information necessary to optimize the waterfront structures and consider future sea level rise scenarios based on current state statutes and projections from National Oceanic and Atmospheric Administration (NOAA). Taylor will document tide and return -period storm water levels, future water levels due to sea level rise, wind speeds, wave heights and periods, and local currents in a letter report. s Page 19 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 12 of 16 Task 5.5: Environmental Alternatives Analysis and Federal Agency Consultation Documents USACE will require an alternatives analysis for the project as a part of their Standard Permit review process. Taylor will use non-proprietary information (real estate information) from the County and develop on -site and off -site alternatives to fulfill permitting requirements. Taylor will prepare the alternatives analysis as a part of the initial application in an effort to expedite the federal review process. To assist and facilitate USACE and federal commenting agency (National Marine Fisheries Service [NMFS] and U.S. Fish and Wildlife Service [USFWS]) review of the project, Taylor will draft Endangered Species Act Section 7 consultation documents. Taylor will include these documents as part of the permit application submittal. Taylor will identify and document species and critical habitats, likelihood of occurrence within the project area, and determine the potential for effects through analysis, describing exposure, anticipated response, cumulative effects, and concluding effect determination. The documents will include the appropriate effect determination keys, if available. Task 5.6: Mitigation Processing/Coordination Taylor anticipates the project will result in impacts to jurisdictional wetlands including mangrove resources. Unavoidable impacts to wetlands will require compensatory mitigation. This scope of work assumes the County will use credits from its mangrove mitigation bank (Bear Point) to mitigate for unavoidable impacts. Taylor will coordinate with the mitigation bank manager to secure the required reservation letter(s) to support the state and federal regulatory authorization processes and provide additional coordination assistance as necessary to secure the required mitigation credits. This scope of work assumes that the project will not adversely affect seagrass resources and, therefore, excludes seagrass mitigation planning. Task 5.7: Submerged Land Lease Survey As a part of the application package Taylor will propose sovereign submerged land lease (SSLL) boundaries for approval by FDEP. Once FDEP approves of the proposed SSLL, Taylor will prepare a submerged land lease survey of the in -water project components to meet the requirements for FDEP Submerged Lands and Environmental Resource Program (SLERP) Procedures Manual. Task 5.8: Regulatory Permit Applications Taylor will develop separate FDEP and USACE environmental permit applications that include the information necessary for state and federal agencies to perform their technical review and public processes. Taylor will submit applications following direction of the pre -application meetings. Our permitting assistance will encompass the in -water and alongshore components of the project described herein as well as the upland park features. In support of the application, Taylor will prepare all narratives describing the project design, purpose, and need; project best management practices (BMPs); avoidance and minimization measures; tidal conditions; natural resources within the project area and associated unavoidable impacts; natural resource impact and mitigation analysis using the state's UMAM; construction methodology and schedule; and a facilities maintenance plan, if requested. The application will include as attachments the permit drawings, hydrographic assessment (Task 5.3), documents describing property ownership s Page 20 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 13 of 16 (provided by County), natural resource survey reports, UMAM analysis, and a State Historic Preservation Office Master File inquiry result. Taylor will submit the draft application package to the County for review and comment. Following receipt of comments, Taylor will incorporate feasible changes to produce the final permit application packages and deliver the packages to the lead state and federal regulatory agencies. The lead agencies will review the application packages and distribute to all other appropriate commenting agencies. Taylor will actively coordinate with state and federal agencies staff during the application process. These agencies include, but are not limited to, FDEP, USACE, U.S. Fish and Wildlife Service (USFWS), Florida Fish and Wildlife Conservation Commission (FWC), and National Marine Fisheries Service (NMFS). Task 5.9: Regulatory Coordination (RAI) The establishment and maintenance of a clear line of communication between the applicant and the participating agencies represents the single most important activity during the permitting process. To that end, Taylor will actively coordinate with state and federal agencies staff during the application process. These agencies include, but are not limited to, the FDEP, USACE, USFWS, Florida Fish and Wildlife Conservation Commission (FWC), and NMFS. Following submission of the permit application, the FDEP and USACE will likely respond with requests for additional information (RAls). While Taylor anticipates submittal of a complete permit application package, the complex nature and scale of the project will likely generate review comments and RAls from regulatory and commenting agencies. Such requests typically comprise a series of questions requiring additional explanation or clarification of environmental and engineering issues. As the County's permitting agent, Taylor will coordinate with the County and the lead regulatory agencies to address such RAls. Taylor has estimated a reasonable budget for RAI coordination. However, should the regulatory negotiations require additional time beyond that estimated in the task cost, Taylor will request a fee increase to address the remaining foreseeable items. Task 5.10: Utility Permitting Taylor will prepare applications and coordinate utility permitting or related approvals with the required agencies as described below. Fort Pierce Utility Authority (FPUA) Approvals o Potable Water o Sanitary Sewer o Electrical Distribution FDEP Permits o Potable Water o Sanitary Sewer St. Lucie County Fire District Approval T A Y L 0 R E N G I N E E Page 21 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 14 of 16 TASK 6: FINAL DESIGN AND CONSTRUCTION DOCUMENTS (90%/100%) Task 6.1: Construction Drawings and Technical Specifications (90%) Taylor will perform final engineering design and progress the construction documents from the 60% engineering design level to 90% design level. The 90% drawings will be used to support the review of design progression. Taylor will complete engineering and structural analyses and develop the final detailed design for the project components. In parallel with this final design effort, Taylor will incorporate FDEP and USACE comments from the regulatory agencies to prepare the 90%-complete design submittal. The 90% construction documents will describe project details at a near final design level. The construction drawings will include sufficient and pertinent details required for project construction and the construction technical specifications, which will provide further details on material standards, construction site management, environmental protection, quality control testing, and other information necessary to supplement and support the project drawings and construction contract documents. Taylor has a limited budget for value engineering and will select component materials based on project requirements (e.g., design life, storm resilience, etc.) as provided by the County. More significant value engineering and/or evaluation of material or manufacturer alternatives at the request of the County at this phase would likely require modification of this fee estimate. The deliverables for these subtasks are construction drawings and technical specifications. Technical specifications will be in general conformance with the Construction Specifications Institute and in standalone project manual format. Taylor will deliver the 90%-complete submittal in electronic (PDF) format. The 90%-complete design package will include construction drawings and technical specifications. The 90% drawings and technical specifications set will include construction plans, sections, design service loads, structural or descriptive details, elevations, and construction contractor submittal requirements. The County will review the deliverables of this Subtask and provide written comments for review during a 90% Design Review meeting. Comments at this stage should be limited to clarifications and refinements of the existing design. Taylor will coordinate with the County to schedule a 90% design review meeting to receive comments. Task 6.2: Opinion of Probable Construction Cost (90%) Taylor will prepare an Opinion of Probable Construction Cost (OPCC) based on the 90% design level documents that is appropriate to a level of detail and accuracy presented in the 90% drawings and specifications. This OPCC will comprise a detailed list of items with associated quantities and unit costs that will correspond to the bid tabulation in the technical specifications. Taylor will apply internal and external data to develop a cost opinion for each project element. Task 6.3: City Building Permit Application and Coordination The City Building Department process includes the review of vertical structures. Taylor services for supporting the Building Permit Application are as follows: s Page 22 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 15 of 16 Compile initial application documents following the Commercial Building Permit Checklist, excluding items to be prepared by the selected Construction Contractor; U, Coordinate with City Engineering for a stormwater permit, if needed; and, Respond to review comments from the Building Department staff with plan modifications, if necessary. Task 6.4: Construction Drawings and Technical Specifications (100%) Taylor will prepare the final (100%) construction drawings and technical specifications that can be used by the County for bidding and construction. These documents will incorporate final structural details and specifications as well as minor changes resulting from written comments on the 90% drawing set required as part of City Building Permit application review, those requested by the County, and from Taylor's final QA/QC review. The 100% documents, shall at a minimum, provide a set of drawings and specifications that include pertinent and sufficient information required to solicit construction bids and to construct the project. The construction drawings and technical specifications will be consistent with regulatory authorizations and will be a part of the construction contract documents. Final engineering documents will bear the digital signatures and seals of the appropriate engineers of record that will be licensed in the state of Florida. The County will supply all "front-end" legal/contract documents (bid documents, contract agreements, general and specific conditions, forms, etc.). Taylor will coordinate with County to incorporate the project technical specifications within County's standard "front-end" documents. However, County will retain the right and responsibility to develop, review, and finalize these "front-end" project manual components (legal, contractual, and procurement, etc.) beyond those engineering and technical specifications authored by Taylor. TASK 7: BID ADMINISTRATION ASSISTANCE Task 7.1: Pre -Bid Meeting, Addenda Preparation, Response to RFI Taylor will assist the County during the competitive bid process to select a qualified Construction Contractor. The County will advertise the project bid on their website and in a local publication of general circulation. The County will prepare the invitation to bid, instruction to bidders, scope of work, bid response forms, experience questionnaire, sample agreement, general conditions, special conditions, exhibits, evaluation of past performance and bid check list. Taylor will provide the final construction drawings and technical specifications and supporting documents (e.g., regulatory permits, geotechnical investigations report) to complete the project manual. Taylor will attend one (1) pre -bid meeting. Taylor will provide a brief overview of the project for which the Construction Contractor is responsible including the construction drawings, technical specifications and permits. Taylor will keep notes of questions presented by prospective bidders and provide written commentary on the questions and comments presented during the meeting to the County. Taylor will provide no verbal comments or answers to prospective bidders at the pre -bid meeting. Taylor will also not receive or respond directly to any questions posed by prospective contractors or the public and will s Page 23 of 185 Harbour Pointe Boat Ramp — Stage 2 Design and Permitting Scope of Work Page 16 of 16 provide written response to the County for issuance as an addendum to all bidding contractors. The mandatory pre -bid meeting will be held at County Office or other suitable venue in the area. Taylor will also accompany the County at a mandatory site visit for prospective bidders. Taylor will be available during the site visit to point out specific areas of work, existing structures, and general project intent. During the bidding process, Taylor will remain available to review and respond to any technical questions received by the County from prospective bidders. The County will review these responses and issue final responses via formal addenda to all bidding contractors. The County will receive and open bids, review bids received, including legal review and evaluation of Construction Contractors' financial condition, business licenses or authorizations, bonding, and contractual requirement(s). Taylor will provide review and comment on any technical matters associated with bid submittals, review the bidder's experience and provide a written recommendation for award. The County will make final selection regarding the success bid and negotiate for contractor award. SCHEDULE Exhibit B provides the anticipated project schedule. Notably, Taylor does not have control over regulatory and City permit review times and permit issuance schedules. FEE Taylor will complete this Amendment 2 Scope of Work for the fixed fee price of $1,419,721.00 including reimbursables, as detailed in Exhibit C. Including the original Work Authorization amount of $60,873.00 and the Amendment 1 amount of $8,974.00, the total contract amount of the Work Authorization is established as $1,489,568.00. s Page 24 of 185 T A Y L 0 R E N G I N E E R I N G , I rolmy7=1 Exhibit A Conceptual Site Plan 10199 SOUTHSIDE BLVD., SUITE 310 1 JACKSONVILLE, FL 32256 1 TEL 904.731 .7040 WWW. TAY LOREN G IN E ER IN G.CO M Page 25 of 185 z FLu ZLLZ _ z W Q U� �> mJ Z)Kd W wY Q Q x am z �O xD ,:�, OfLLuJ D ir cy (n ¢ Z J W � W / ...^ O — mX ❑ �- W QU Of WO Q>LLJ ❑ d W / m W Q Q a l} Q o,,,. C7 od t — cn cn !%/Gi/ "No C m d ❑ / i Ur W LLIZ, W J P/ f i W W H /iii W W U Q U Qui K ? �� Diii O o r rn v r � I i ///ii// C7 N O o %% iico /%/ /%/// Y ����i CiJ 2 Z Q LU / �/ W C9 C9 O rr /i Z Z w O j/ ri mi/i Q d d d a }a w F LLI J W W ~ O W W KLU /� /CO of d Q O WV £Z:9V4 l SZOZ/VL/£ OMO'8S NVId 1d3ONOO-d-£60-VZOZO\S3`dnC)IJ\31NIOd`d! 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W G Q > O .N .T N 2' m .0 W Q j c O N c O Q C > C5 C J a) N U o a) 0 Q C N y U � U O O) (6 O .Q C > O) p R R > p O E �i R £ (6 O R a) � .0. C U C C N r C Q (p C D) 4) N a R U L O_ E R U (n C N C (U o r O N a y N C y J Q y C O ci C O O coC m cou Un U aT+ _ 7 W G O] N In N C D) R E C � p C Q (n U a N a ° O7 Y C 0 N U .T: - .� U -c N ° p a O O Ow O w 2 w a O U_ C C 2 2 UE u° N 2' n° (6 :� C R C > N p j R O u C p p 2 U E C aai O O 2 rn O (6 co 3 U p _C N E E d O E O i6 (0 U a O fn C R E 7 7 _T 0 Rd R Z p H � a >, 2 a Z a oo (n a O U y y C Co) Y U 2 .0 �- O O � d 2 .N j � T 2 (6 O U > C W 2) � (A D O) N a O] N !Y c C 0 N M V Ln O U` N M V Of N M 7 Ln (D M O O _ LL M InLnLn LnLn Ln Ln Ln Ln LnYR Ll H f6 H R H f6 H R H f6 H R H R H (0 H ccR H H cc H to ♦- ccR H H NR H H m H (6 H IvR H H f6 H R H R H EXHIBIT C - LABOR SUMMARY TAYLOR ENGINEERING, INC. LABOR COST SUMMARY BY TASK HARBOUR POINTE REGIONAL BOAT RAMP AND ASSOCIATED CIVIL INFRASTRUCTURE STAGE 2 - DESIGN AND PERMITTING ur ene Labor Hourly Rate Hours Cost Task Totals Senior Advisor/QC $278.00 20 5,560.00 Program Manager $225.00 40 9,000.00 Senior Professional $208.00 140 29,120.00 Project Professional $160.00 204 32,640.00 Staff Professional $118.00 232 27,376.00 Project CAD/GIS $128.00 48 6,144.00 Total Labor Hours 684 Total Labor Cost 109,840.00 TASK 4 bos(grr Dev#,! meet and City, Site Plan Reuiew " LaborBurdened Totals Senior Advisor/QC $278.00 96 26,688.00 Program Manager $225.00 84 18,900.00 Senior Professional $208.00 188 39,104.00 Project Professional $160.00 336 53,760.00 Staff Professional $118.00 260 30,680.00 Design Engineer $186.00 416 77,376.00 Sr. CAD/GIS $171.00 160 27,360.00 Project CAD/GIS $128.00 360 46,080.00 Total Labor Hours 1900 Total Labor Cost 319,948.00 Page 1 of 2 Page 32 of 185 EXHIBIT C - LABOR SUMMARY HARBOUR POINTE REGIONAL BOAT RAMP AND ASSOCIATED CIVIL INFRASTRUCTURE STAGE 2 - DESIGN AND PERMITTING ur ene Labor Hourly Rate Hours Cost Task Totals Senior Advisor/QC $278.00 34 9,452.00 Program Manager $225.00 82 18,450.00 Senior Professional $208.00 212 44,096.00 Project Professional $160.00 276 44,160.00 Staff Professional $118.00 316 37,288.00 Design Engineer $186.00 16 2,976.00 Sr. CAD/GIS $171.00 20 3,420.00 Project CAD/GIS $128.00 20 2,560.00 Admin/Document Prep $75.00 60 4,500.00 Total Labor Hours 1036 Total Labor Cost 166,902.00 ur ene Labor Hourly Rate Hours Cost Task Totals Senior Advisor/QC $278.00 96 26,688.00 Program Manager $225.00 104 23,400.00 Senior Professional $208.00 160 33,280.00 Project Professional $160.00 344 55,040.00 Staff Professional $118.00 312 36,816.00 Design Engineer $186.00 300 55,800.00 Sr. CAD/GIS $171.00 160 27,360.00 Project CAD/GIS $128.00 240 30,720.00 Admin/Document Prep $75.00 12 900.00 Total Labor Hours 1728 Total Labor Cost 290,004.00 d 6 d ® ® d Burdened Labor Hourly Rate Hours Cost Task Totals Senior Advisor/QC $278.00 16 4,448.00 Program Manager $225.00 16 3,600.00 Senior Professional $208.00 16 3,328.00 Project Professional $160.00 40 6,400.00 Staff Professional $118.00 24 2,832.00 Sr. CAD/GIS $171.00 24 4,104.00 Total Labor Hours Total Labor Cost 136 24,712.00 Page 2 of 2 Page 33 of 185 "Designing Quality Architecture that Builds Lasting Relationships" May 28, 2025, Revision 3 Duncan Greer, P.E., Senior Engineer, Waterfront & Coastal, Gulf Region Lead Taylor Engineering, Inc. 4300 Legendary Drive, Suite C246 Destin, FL 32541 Re: Harbour Point Park Proposal Dear Mr. Greer: We are glad to offer the following proposal for architectural and engineering services for architectural, Structural and MEP Engineering to support Tayor Engineering in the design of Harbour Point Park. As requested, we are pleased to present the following fee proposal to provide Architectural and Engineering Services for this project. PROJECT DESCRIPTION To provide architectural and engineering services for the design, construction drawings, permitting, and bidding of this project. Our services include the following elements: Project No. 2413 Page 1 of 7 1. One story architecturally designed restroom building. • The building will include 4 WC or Urinals for each men and women. • Storage room. • Main Electrical room. • The building will not be air conditioned. • Includes Structural, and MEP Engineering. 2. Site Electrical • Site Electrical service and distribution • Site Lighting, to include an extension of street lighting from the Avenue M corridor, parking area lighting, bollard or pole mounted lighting at the caf6 area, and bollard lighting connecting the boat ramp-waterfront-restroom-caf6 corridor. Additional landscape lighting. • Aerator and lighting for the fountain. 3. Shade Structures • These will be pre-engineered and designed by a specialty supplier. We will coordinate selection, design and colors. 4. Educational Kiosk • This will be a two -post structure with a small roof over and bulletin board on CPZ ARCHITECTS, INC. MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317 1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406 200 NORTH EL MAR DRIVE, SUITE 201 B, JENSEN BEACH, FL 34957 1717 2011 STREET, SUITE 1, VERo BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM Page 34 of 185 "Designing Quality Architecture that Builds Lasting Relationships" each side. 5. Dumpster Enclosure 6. Site Accessories such as benches and trash receptacles. 7. Fencing around water feature. • Design and layout of a two -rail type fence system. • Final Engineering will be by the fence manufacturer and submitted as a shop drawing. Railings — • Design and layout of seawall decorative fence. • Final Engineering will be by the railing manufacturer and submitted as a shop drawing. Railings for seawall only. Floating dock railings by others. 9. Signage and wayfinding within the design area. • Final detailed engineering and foundations will be by the signage company. This is required to be by the sign company, because they know the specifics of their signs. 10. Fish Cleaning Station shade structure. However, the water, drainage and grinder is excluded. 11. Monuments (EXLUDED) 12. Coordination with consultants and site plan design, SCOPE OF SERVICES TASK 4 — PROGRESSIVE DESIGN DEVELOPMENT 1. Subtask 4.1 Conceptual Design Development Drawings (30%) 2. Subtask 4.2 Preliminary Engineering Design and Permit Drawings (60%) 3. Subtask 4.3 Opinion of Probable Construction Cost (60%) a. This will be a square footage and general estimate. b. A detailed cost estimate and take off is not included. 4. Exclusions a. Technical Specifications will be provided with 90%. Some maybe supplied as part of the 60% submittal. TASK 6 - LOCAL PERMITTING 1. Subtask 6.1 Development Order Application a. Support for drawings and rendering for the submittal to the Agencies. 2. Subtask 6.2 Building Permit Review Project No. 2413 Page 2 of 7 a. Site Plan Permitting Support i. Provide Architectural Plans and Renderings for the Site Plan / DRC Approval Process. ii. All submittals and processing will be by Taylor Engineering. b. Building Permit CPZ ARCHITECTS, INC. MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317 1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406 200 NORTH EL MAR DRIVE, SUITE 201 B, JENSEN BEACH, FL 34957 1717 2011 STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM Page 35 of 185 "Designing Quality Architecture that Builds Lasting Relationships" i. Provide Signed and Sealed documents in electronic format. ii. Respond to the agency's comments and revise the documents as required. All fees will be paid by others. d. Attendance at public meetings is excluded. TASK 7 - FINAL DESIGN AND CONSTRUCTION COMMENTS (90%/100%) 1. Subtask 7.1 Construction Drawings and Technical Specifications (90%) 2. Subtask 7.2 Opinion of Probable Construction Cost (90%) a. This will be a square footage and general item estimate. 3. Subtask 7.3 Construction Drawings and Technical Specifications (100%) a. This will be based on the standard CS1 Sections. b. Taylor will provide the template for the specifications and compile the overall project specification book. TASK 8 - BID ADMINISTRATION ASSISTANCE 1. Subtask 8.1 Pre -Bid Meeting, Addenda Preparation, Response to RFI a. We will attend the per -bid meeting b. Respond to RFI's back to Taylor Engineering c. Assist Taylor Engineering with items required for our scope of services for addendums. COMPENSATION Project No. 2413 Page 3 of 7 Compensation for architectural and engineering services shall be on a time and materials basis with the estimated fees as follows: TASK CPZ Architects - TOTAL Task 3 Data Collection $0.00 Task 4 Progressive Design Development (30 % /60%) $108,620.00 Subtask 4.1 Conceptual Design Development Drawings (30%) Subtask 4.2 Preliminary Engineering Design and Permit Drawings (60%) Subtask 4.3 Opinion of Probable Construction Cost (60%) $48,320.00 $51,560.00 $8,740.00 Task 5 Regulatory Permitting (USACE & FDEP) $0.00 Task 6 Local Permitting Subtask6.1 Development Order Application $8,810.00 Subtask 6.2 Building Permit Review $11,060.00 Task 7 Final Design and Construction Comments (90 % /100 % ) Subtask 7.1 Construction Drawings and Technical Specifications (90%) Subtask 7.2 Opinion of Probable Construction Cost (90%) Subtask 7.3 Construction Drawings and Technical Specifications (100%) $56,620.00 $9,960.00 $20,720.00 Task 8 Bid Administration Assistance Subtask 8.1 Pre -Bid Meeting, Addenda Preparation, Response to RFI $8,700.00 TOTAL $224,490.00 CPZ ARCHITECTS, INC. MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317 1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406 200 NORTH EL MAR DRIVE, SUITE 201 B, JENSEN BEACH, FL 34957 1717 201" STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM Page 36 of 185 2 "Designing Quality Architecture that Builds Lasting Relationships" Reimbursable Allowance a. We have included a $5,000.00 reimbursable allowance for the following. a. Hard copy printing b. Colored rendering reproduction c. Courier and expedited delivery d. Small permit fees if needed b. The city will pay all agency fees required for permitting. 3. Compensation for architectural services shall be on an hourly basis at the rates listed below and in accordance with our main contract. Principal $285 per hour Architect $265 per hour Senior Project Manager $220 per hour Project Manager $185 per hour Architectural Associate 3 $150 per hour Architectural Associate 2 $130 per hour Architectural Associate 1 $110 per hour Administration $100 per hour Consultants, see the attached proposals. (Structural, Mechanical, Electrical Engineers, etc.) to be reimbursed at cost billed to Architect. EXCLUSIONS The following items are excluded from this proposal. 1. Surveying 2. Geotechnical Engineering — We will require this for the design. 3. We thank you for the opportunity to offer you these services. If this proposal meets with your approval, please provide a new task order for these services. If you have any questions, please contact me on 954-792-8525. Respectfully CPZ AR( Fresiclent Project No. 2413 Page 4 of 7 CPZ ARCHITECTS, INC. MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317 1601 BELVEDERE RD., S-350, WEST PALM BEACH, FL 33406 200 NORTH EL MAR DRIVE, SUITE 201 B, JENSEN BEACH, FL 34957 1717 2011 STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM Page 37 of 185 "Designing Quality Architecture that Builds Lasting Relationships" CPZ ARCHITECTS, INC. GENERAL CONDITIONS, JANUARY 2025 1. AUTHORIZATION TO PROCEED Signing this Agreement shall be construed as authorization by CLIENT for CPZ ARCHITECTS, INC. to proceed with the Services, unless otherwise provided for in this Agreement. 2. DIRECT & REIMBURSABLE EXPENSES CPZ ARCHITECTS, INC.'s Direct Expenses shall be those costs incurred on or directly for the CLIENT'S Project, including but not limited to necessary transportation costs including mileage at CPZ ARCHITECTS, INC.'s current rate when its automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by CPZ ARCHITECTS, INC. All drawing printing expenses will be billed at $1.50 per 24"x 36" drawing sheet. 3. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount of 10% shall be added to the cost of these services for CPZ ARCHITECTS, INC.'s administrative costs. 4. OPINIONS OF CONSTRUCTION COSTS Any opinion of construction costs provided by CPZ ARCHITECTS, INC. will be on a basis of experience and judgment. Since CPZ ARCHITECTS, INC. has no control over market conditions or bidding procedures, CPZ ARCHITECTS, INC. does not warrant that bids or ultimate construction costs will not vary from these opinions of costs. PROFESSIONAL STANDARDS CPZ ARCHITECTS, INC. shall be responsible, to the level of competency presently maintained by other practicing professionals in the same type of work in CLIENT'S community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Agreement. CPZ ARCHITECTS, INC. makes no warranty, expressed or implied. 6. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by CPZ ARCHITECTS, INC. if authorized in writing or otherwise confirmed by CLIENT. Additional services will be paid for by CLIENT as indicated in any Letter of Proposal, Task Authorization, or such other document as deemed appropriate by CLIENT and CPZ ARCHITECTS, INC... In the absence of an express agreement about compensation, CPZ ARCHITECTS, INC. shall be entitled to an equitable adjustment to its compensation for performing such additional services. 7. LIMITATION OF LIABILITY In recognition of the relative risks, rewards and benefits of the project to both the Client and the Architect, Project No. 2413 Page 5 of 7 CPZ ARCHITECTS, INC. MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317 1601 BELVEDERE RD., 5-350, WEST PALM BEACH, FL 33406 200 NORTH EL MAR DRIVE, SUITE 201 B, JENSEN BEACH, FL 34957 1717 201" STREET, SUITE 1, VERo BEACH, FL 32960 (954) 792-8525 WWW.CPZARCHITECTS. COM Page 38 of 185 "Designing Quality Architecture that Builds Lasting Relationships" the risks have been allocated so that the Client agrees, to the fullest extent permitted by law and notwithstanding any other provisions of this Agreement, to limit the total liability of the Architect to the Client and all subcontractors on the project, for any and all injuries, losses, expenses, damages of any nature whatsoever or claim expenses arising out of this agreement, from any cause or causes, so that the total aggregate liability of the Architect shall not exceed the total compensation received by Architect under this Agreement or $100,000, whichever is less. Such claims and causes include, but are not limited to, strict liability, negligence, professional errors or omissions, breach of contract or breach of warranty. This clause applies to all principals, directors, officers, employees, agents and servants of the Architect. 8. DISPUTE RESOLUTION All disputes arising out of this Agreement shall be mediated by the parties within a reasonable time after the first request for mediation, prior to either party filing a suit in a court of law, provided, however, that neither party shall be obligated to mediate prior to requesting injunctive relief. 9. PAYMENT OF CPZ ARCHITECTS, INC. / INTEREST ON PAST DUE AMOUNTS Monthly invoices will be issued by CPZ ARCHITECTS, INC. for all Services performed under the terms of this agreement. Invoices are due and payable within 28 days of receipt. CLIENT agrees to pay interest at the rate of 1.5% per month on all past -due amounts. 10. TERMINATION FOR NONPAYMENT OF FEES CPZ ARCHITECTS, INC. may terminate this contract by giving written notice if any CPZ ARCHITECTS, INC. invoice remains unpaid for more than 30 days. CPZ ARCHITECTS, INC.'s right to terminate this contract shall not be waived by CPZ ARCHITECTS, INC.'s continued performance during any period of investigation by CPZ ARCHITECTS, INC. to determine the reasons for CLIENT'S nonpayment. It. TERMINATION Either CLIENT or CPZ ARCHITECTS, INC. may terminate this Agreement by giving 30 days' written notice to the other party. In such event CLIENT shall forthwith pay CPZ ARCHITECTS, INC. in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 12. LEGAL EXPENSES In the event legal action is brought by either party to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, Both the CLIENT and CPZ ARCHITECTS, INC. shall be responsible for their own expenses in event the matter is settled before trial. 13. ASSIGNMENT TO RELATED ENTITY Notwithstanding anything in this Agreement to the contrary, in the event CPZ ARCHITECTS, INC. is not qualified and licensed in the relevant jurisdiction to provide any services required hereunder, CPZ ARCHITECTS, INC. may, without the consent of any other party, assign all or any part of its obligation to provide such services to an entity related to CPZ ARCHITECTS, INC. which is qualified and licensed to Project No. 2413 Page 6 of 7 CPZ ARCHITECTS, INC. MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317 1601 BELVEDERE RD., 5-350, WEST PALM BEACH, FL 33406 200 NORTH EL MAR DRIVE, SUITE 201 B, JENSEN BEACH, FL 34957 1717 201" STREET, SUITE 1, VERo BEACH, FL 32960 (954) 792-8525 ',WW.CPZARCHITECTS. COM Page 39 of 185 "Designing Quality Architecture that Builds Lasting Relationships" provide such services in the jurisdiction involved and which is contractually bound to INC. to provide such services. 14. INDIVIDUAL PROTECTION It is intended by the parties to this Agreement that the Consultant's services in connection with the project shall not subject the Consultant's individual employees, officers or directors to any personal legal exposure for the risks associated with this project. The Owner agrees that as the Owner's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Consultant, a Florida corporation, and not against any of the Consultant's employees, officers or directors. PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT'S CORPORATION IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. 15. CLIENT FURNISHED INFORMATION CPZ ARCHITECTS, INC. will consider all information supplied by the client as accurate and correct. Extra work, or work done over because of inaccurate or incorrect information supplied by the client, will be paid for as additional services. 16. CONTRACT LIMITATIONS This proposal shall expire after 60 days if unsigned, and the fees indicated shall be subject to an increase. The Client also agrees by signing this proposal that CPZ ARCHITECTS, INC. hourly rate shall increase after a period of one year from the date of the contract. 17. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. Project No. 2413 Page 7 of 7 CPZ ARCHITECTS, INC. MAIN: 4316 WEST BROWARD BOULEVARD, PLANTATION, FLORIDA 33317 1601 BELVEDERE RD., 5-350, WEST PALM BEACH, FL 33406 200 NORTH EL MAR DRIVE, SUITE 201 B, JENSEN BEACH, FL 34957 1717 201" STREET, SUITE 1, VERO BEACH, FL 32960 (954) 792-8525 ',WW.CPZARCHITECTS. COM Page 40 of 185 Engineering Inspired Design, AGREEMENT FOR PROFESSIONAL SERVICES May 16, 2025 Duncan Greer, P.E. I Senior Engineer, Waterfront & Coastal I Gulf Region Lead Taylor Engineering, Inc. 4300 Legendary Drive, Suite C246 Destin, FL 32541 Phone: (850) 460 — 7040 E-mail: dgreer@taylorengineering.com Dear Duncan Greer: Project Name: Harbour Pointe Boat Ramp Project Location: 1602 N 2nd St Fort Pierce, FL 34950 KEITH Project Number: 14095.M0 In accordance with your request and subsequent discussions between members of our association and yourself, this agreement between Keith and Associates, Inc. dba KEITH (CONSULTANT) and Taylor Engineering, Inc. ("CLIENT") for professional services is submitted for your consideration and approval. The purpose of this Agreement is to outline the scope of services recommended by KEITH and accepted by CLIENT, and to establish the contractual conditions between KEITH and CLIENT with respect to the proposed services. KEITH will begin work within ten (10) days after receipt of a fully executed copy of this Agreement. Such receipt will constitute written notice to proceed. This proposal will remain valid for thirty (30) days. PROJECT UNDERSTANDING The CLIENT has requested that KEITH assist in the development of a St Lucie Co Harbour Pointe Boat Ramp project. The PROJECT SITE is located at 1602 N 2nd St, Fort Pierce, FL 34950. The property consists of 3 parcel(s) that include folio numbers 2403-123-0000-000-1, 2403-123-001-0008 and 2403- 213-0001-010-7 and the OWNER of the property is listed as St Lucie County. The project consists of the development of park amenities including a new boat ramp, food trucks staging area, picnic area, restrooms, surface parking area, stormwater ponds and access road extension. KEITH's scope of work will be limited to potable water, sanitary sewer and fire protection service to the facilities. Water, sewer, and fire connections within structures are not included in this scope of work. Additional information in graphic format is included on the following page. KEITH will be responsible for the following disciplines: Civil Engineering and Construction Administration Services. The scope of work is specifically described on the following pages and does not include work by other necessary disciplines unless specifically noted in the contract. The CLIENT/OWNER is responsible for all other disciplines to complete the project. KEITH has identified the following agencies that will require coordination, submittals and or permitting throughout the project: St Lucie County Fire District, Fort Pierce Utilities Authority (FPUA) and Florida Department of Environmental Protection (FDEP). If additional agency coordination is required, this will be included as a contract addendum. The CLIENT is responsible to provide Site Plan (CAD), Architectural Plan (CAD), MEP Plan (CAD),Structural Plan (CAD), Landscape Plan (CAD), and Site Lighting Plan (CAD) as needed. KEITH has not included any potential scope of work that is offsite. Offsite improvements that may result as a part of this project will be considered as additional service and contracted if necessary through an addendum to this agreement. KEITH will work to identify any potential offsite improvements as early as possible for the CLIENT/OWNER review. KEITH will use its CAD standards to create and complete all deliverables within this agreement. llz rIoliru°nll.rr7311710 pAf� aa;llro (II III',) 0 Kal'rro 40 s, Orlando e 111rrrru d Saliro II iwicaio Page 41 of 185 May 16, 2025 / Page 2 of 8 Harbour Pointe Boat Ramp / Proposal 414095.M0 Taylor Engineering, Inc. Engineering Inspired Design. Page 42 of 185 May 16, 2025 / Page 3 of 8 Harbour Pointe Boat Ramp / Proposal 414095.M0 Taylor Engineering, Inc. APPROACH KEITH believes in a context -based approach that considers multiple facets of the development process resulting in solutions that are curated for each authentic scenario. In addition to the traditional design approach, we believe careful consideration should be given to economic, ecological, and social factors. This cohesive approach to each project is engineered to enhance the opportunity for a resilient solution. Our approach is categorized into the following three general phases: Exploration Phase — The process of becoming familiar with an area through extensive analysis. Inspiration Phase — The process of developing ideas emanating from the exploration process. Implementation Phase — The process of activating a decision or plan uP tlEngineering Inspired Design. Page 43 of 185 May 16, 2025 / Page 4 of 8 Harbour Pointe Boat Ramp / Proposal 414095.M0 Taylor Engineering, Inc. PROJECT SCOPE KEITH will provide the below services to assist the CLIENT and Project Team. ❑ Survey ❑ ALTA/NSPS ❑ Topography ❑ Boundary ❑ Tree ❑ Sketch and Description ❑ Construction Layout ❑ Construction As -Built ❑ Other ❑ SUE ❑ Horizontal Designation ❑ Location Services ❑ Utility Mapping ❑ Records Research ❑ Other ❑ Planning Services ❑ Due Diligence ❑ Platting ❑ Rezoning ❑ Conditional Use Permit ❑ Right of Way Vacation ❑ Site Plan Processing and Coordination ❑ Site Plan / Project Coordination ❑ Other ® Civil Engineering Services ❑ Paving, Grading and Drainage 0 Water Distribution and Sanitary Sewer ❑ Erosion Control Plan 0 Water and Sanitary Permitting ❑ Transportation Engineering Services ❑ Major Roadway ❑ Minor Roadway ❑ Drainage ❑ Maintenance of Traffic Plans ❑ Quality Control ❑ Other ❑ Traffic Engineering Services ❑Traffic Impact Study ❑Traffic Impact Statement ❑ Parking Study ❑ Pavement Marking and Signage ❑ Signalization ❑ Roadway Lighting ❑ Other ❑ Landscape Architecture Services ❑ Hardscape and Paving ❑ Fine Grading ❑ Landscape ❑ Irrigation ❑ Site Lighting / Photometrics ❑ Pools or Water Features ❑ Specialty Features ❑ Tree Inventory & Analysis ❑ Amenity Deck(s) ❑ Other ®Construction/Program Management Services ❑ Permitting ❑ Bidding Assistance ❑ Building Permit Coordination ❑ Construction Observation ❑ Construction Certification ® Other: RFI's, Meetings, & Calls It is assumed adequate service points already exist on -site or at the abutting site boundary or in the adjacent public right-of-way. No sewage pump station or offsite improvements or extensions, other than service connections, are anticipated under this Proposal. uP tlEngineering Inspired Design. Page 44 of 185 May 16, 2025 / Page 5 of 8 Harbour Pointe Boat Ramp / Proposal 414095.M0 Taylor Engineering, Inc. DESCRIPTION OF SERVICES AND DELIVERABLES Mlli;;;;;;Ili;;;;;;"'1�IIIIII GS AIII IIG; (OOIIE IIC;; IIIIII A"'lli"'lIlO111 Task 001 Team Meetings and Meetings with Government Agencies / Permit Authorities KEITH will coordinate, prepare for and attend meetings with Government Agencies, including project orientation meetings, review with City and County Planning, Zoning, Fire Marshall, Engineering, and Utility representatives, and coordinate with applicable State and County Agencies required for final permit submittals. KEITH will prepare for and attend all team meetings on an as needed basis for the duration of the project. KEITH will be represented at reoccurring team meetings by the project manager and when necessary any team experts for specific disciplines. For all applicable meetings KEITH will provide meeting minutes for the use of capturing discussion items, setting action items as well as follow-up. Unless directed otherwise by the CLI ENT these meeting minutes will only serve to capture the items directly responsible to the KEITH team and the interaction with agencies and/or the CLIENT. Task 002 Quality Control & Quality Assurance (QC/QA) KEITH employs a Quality Control (QC) and Quality Assurance (QA) process on all project tasks to ensure all projects meet the highest standards of quality, regulatory requirements, best practices and ultimately client satisfaction. Quality is achieved through proper planning, coordination, supervision, technical direction, definition of job requirements and by skilled personnel performing their work functions carefully. Quality is controlled through checking, reviewing, and surveillance of work activities by individuals who are not directly responsible for performing the initial work activity. Quality is verified by having a manager or designee performing Quality Assurance functions consisting of surveillance and auditing of the work and the procedures followed when performing the work. Quality is assured through independent reviews by qualified staff of the processes, procedures, documentation, supervision, technical directions, and staffing associated with the project. CIIIVIIIII,,,,, IIE;;;;,II;IIIIIIIIE° IIE;;;;,Ilillllll SIIE IIiVlllIIE° S. Task 401 Preliminary Engineering / Site Plan Support Preliminary Civil Engineering Design Plans The Preliminary Plans are for regulatory agency and support to Others during site plan approval process through the City of Ft Pierce Development Review. KEITH will research existing available records for the project and prepare preliminary civil engineering plans for the infrastructure improvements to support the processing of the site plan layout for the Project. The preliminary civil engineering plans will be prepared in accordance with the CLIENT and regulatory agency requirements and will include Water and Sewer System adjustments and services. The preliminary engineering plan will include available existing utility information collected from various sources (Government Agencies, Utility providers etc.). This preliminary utility information will be relied upon by KEITH in the preliminary design phase. Final design will require additional survey and Subsurface Utility investigation to verify the preliminary information supplied to or obtained by KEITH. KEITH will utilize a topographic survey and site plan supplied by the CLIENT, either as identified elsewhere in this agreement or from the CLIENT's other Consultant / Surveyor, as a base for the preliminary civil plans. uP tlEngineering Inspired Design. Page 45 of 185 May 16, 2025 / Page 6 of 8 Harbour Pointe Boat Ramp / Proposal 414095.M0 Taylor Engineering, Inc. Preliminary water and sanitary sewer calculations will be performed to address the impacts of the proposed development relating to the requirements of the site plan submission. One preliminary engineering plan will be prepared based on the supplied site plan design. The plans will contain the location of the proposed site lighting as designed by the Client's other Consultants. This proposal does not include the design of the site or roadway lighting system(s). Deliverables 1. Preliminary Design Plans (30% Design). 2. Preliminary Water and Sewer Calculations as required. Task 402 Construction Documents (CD) — Final Engineering Water Distribution and Sanitary Sewer Plans KEITH will prepare combined water distribution and sanitary sewer system plans to service the proposed development. Water and sanitary sewer calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. It is anticipated that all existing utility infrastructure is adequate to provide the required domestic water, fire, and sanitary sewer services to the proposed improvements. An evaluation of the existing infrastructure regarding capacity to service the proposed development will be made. Design services for Public Infrastructure improvements required to serve the proposed development will be addressed with a supplemental additional services agreement. These engineering services do not include the extension/replacement and/or upsizing of any water and/or sanitary sewer mains surrounding the site. Services associated with designing and permitting any off -site infrastructure improvements (including off - site lift stations) required to provide service to the site will be addressed as additional services. Based on the existing utility information received from the CLIENT, it is anticipated that a small lift station will be required for this project, and that the required sanitary sewer connection will be made via force main to connect into the existing 6" Force main at N 2nd St. Deliverables 1. Construction Documents (60%, 90% and 100% Construction Documents) for above referenced Plans. 2. Cost estimates (60% and 90%) 3. Specifications — For above referenced Design Elements (specifications may be included in the plan sheets or a separate document for inclusion in the Contract Document Specification book.) 4. Water and Sewer Calculations as required. Task 403 Engineering Permitting KEITH will prepare and submit the permit applications for the construction of the following improvements and process them through the following regulatory agencies: Water and Sewer System • Fort Pierce Utilities Authority (FPUA) — Potable Water and Sanitary Sewer Approval • Florida Department of Environmental Protection (FDEP) — Water and Sanitary Sewer Permits • St Lucie County Fire District Approval If additional permits are required, KEITH will process them and the fees for these additional services will be submitted to CLIENT as additional services under a contract addendum if required. Deliverables 1. Permit applications and submittal documents required for above listed regulatory agencies for the listed project improvements. uP tlEngineering Inspired Design. Page 46 of 185 May 16, 2025 / Page 7 of 8 Harbour Pointe Boat Ramp / Proposal 414095.M0 Taylor Engineering, Inc. COIII s rirwic rioN AJIC" Ill lIlimlls°'r11::Z'Xr111O1N SIIE;;;I IllGIE;;;S Task 801 Construction Administration KEITH will provide construction services to ensure the integrity of the design intent and certify to the CLIENT and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Any revisions or deviations to original construction documents, including but not limited to, substitutions and/or unforeseen conditions may impact schedule and will require additional fees. Services included are described as follows and are anticipated to take place in the time frame indicated in the "SCHEDULE" for CONSTRUCTION ADMINISTRATION SERVICES below. Issue Clarifications KEITH will issue all instructions and revisions of the CLIENT; issue necessary interpretations and clarifications of the contract documents; have authority, to require special inspection or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work there under, and make decisions on all claims of the CLIENT and contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work. Meetings and Conference Calls KEITH will attend and/or participate in Pre -Bid meeting and periodic project meetings and conference calls as requested by the CLIENT, CITY, and County. KEITH will review requests for information prepared by the Contractor and respond accordingly to all parties. KEITH will prepare drawings supplemental information needed to address the contractor's request for information. uP tlEngineering Inspired Design. Page 47 of 185 May 16, 2025 / Page 8 of 8 Harbour Pointe Boat Ramp / Proposal 414095.M0 Taylor Engineering, Inc. SCHEDULE MEETINGS AND COORDINATION Task 001 Team Meetings & Meetings with Gov't Agencies / Permit Authorities Task 002 Quality Control & Quality Assurance (QC/QA) CIVIL ENGINEERING SERVICES Task 401 Preliminary Engineering / Site Plan Support Task 402 Construction Documents (CD) — Final Engineering Task 403 Engineering Permitting CONSTRUCTION ADMINISTRATION SERVICES Task 801 Construction Administration COMPENSATION MEETINGS AND COORDINATION Task 001 Team Meetings & Meetings with Gov't Agencies Task 002 Quality Control & Quality Assurance (QC/QA) CIVIL ENGINEERING SERVICES Task 401 Preliminary Engineering / Site Plan Support Task 402 Construction Documents (CD) — Final Engineering Task 403 Engineering Permitting On Going On Going 3 Months 5 Months 4 Months To Be Determined $5,725 (Hourly/Estimate)* Included in all tasks $14,900 (Lump Sum) $32,700 (Lump Sum) $9,550 (Lump Sum) CONSTRUCTION ADMINISTRATION SERVICES Task 801 Construction Administration $6,850 (Hourly/Estimate)* Total Fee $69,725 + reimbursables *NOTE. The above "(Hourly/Estimate)" project task fees are based on the durations listed in the Project Schedule above. If the Task scheduled durations exceed the estimated time listed in the Project Schedule above, the "(Hourly/Estimate)" fee will increase proportionally. This work will be billed in accordance with KEITH current Professional Service Fee Schedule. If the billing reaches 75% of the estimated fee, an additional contract addendum will be submitted to the CLIENT. If you concur with the foregoing as well as the attached General Terms and Conditions dated January 1, 2025, and wish to direct us to proceed with the aforementioned work, please execute the agreement in the space provided and return same to the undersigned. IN WITNESS WHEREOF, CONSULTANT and CLIENT have executed this agreement the day and year indicated below. As to CONSULTANT As to CLIENT KEITH Taylor Engineering, Inc. Signature: Thomas Donahue, PE Print Name: Senior Director of Civil Engineering Title: DATED: DATED: uP tl Engineering inspired Design. Page 48 of 185 BILLING INFORMATION FORM Project Name: Project Location: Client Job/P.O Number: CLIENT BILLING INFORMATION Company: Attention: Address: City, State, Zip: Phone: Email (for invoicing): SPECIAL BILLING INSTRUCTIONS: PROPERTY OWNER IDENTIFICATION: (If other than above) Name: Address: Phone: Email: Title: Page 49 of 185 REVISED January 01, 2025 / Page 1 of 5 GENERAL TERMS AND CONDITIONS I. COMPENSATION A) Payments and Invoicing: Invoices will be submitted by CONSULTANT to CLIENT monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payment of such invoice will be due upon presentation. CONSULTANT'S standard invoice format shall apply, and such format shall be acceptable to CLIENT for payment, unless otherwise agreed to in writing hereunder. Invoices shall be submitted monthly based on a percentage completed for lump sum contracts. On a Time and Material contract, invoices will be submitted according to our current professional service fee schedule. Please note that the rates listed in 'Exhibit A' are for reference only and reflect the rates at the time of the document's creation. We reserve the right to update our rates at our discretion. In the case of a compensation schedule, the terms of payment shall be defined on a case -by -case basis. In the event of any dispute concerning the accuracy of content of any invoice, CLIENT shall within seven (7) days from the date of said invoice, notify CONSULTANT in writing stating the exact nature and amount of the dispute. Any invoice that is not questioned within seven (7) days shall be deemed due and payable. In the event an invoice or portion of an invoice is disputed within seven (7) days, CLIENT shall be obligated to pay the undisputed portion of the invoice as set forth in below. If CLIENT fails to make any payment due to CONSULTANT for services and expenses within thirty (30) days from the date of invoice, CONSULTANT may, apply the retainer to the unpaid balance of the account and/or suspend services under this Agreement until the account has been paid in full. If CONSULTANT's work is suspended, the time for completion of CONSULTANT's services, and the rates and amounts of CONSULTANT's compensation, shall be adjusted equitably. In the event any invoice or any portion thereof remains unpaid for more than forty-five (45) days following the invoice date, CONSULTANT may, initiate legal proceedings to collect the same and recover, in addition to all amounts due and payable, including accrued interest at the highest rate allowable by law, its reasonable attorneys' fees and costs. The CONSULTANT may also proceed with lien on property. The invoices referenced above, will be sent in accordance to the information as reflected on the "Billing Information Form" attached hereto. B) Reimbursable Expenses: CONSULTANT shall be reimbursed at actual cost incurred, plus a 10% carrying charge. Reimbursable expenses shall include but not be limited to the following items. A. Cost of black and white or color copies for drawings, specifications, reports, cost estimates, xerography and photographic reproduction of drawings and other documents furnished or prepared in connection with the work of this contract. B. Travel associated with the project, including, but not limited to, mileage (standard IRS rate), business or first-class airfare, automobile rental, hotel and meals. C. Cost of postage and shipping expenses, including courier services. D. Cost for advertising, special models, renderings or other promotional materials not outlined in the scope of services C) Additional Services: The undertaking by CONSULTANT to perform professional services defined within this Agreement extends only to those services specifically described herein. No other services, whether they may be interpreted as related, incidental or implied, shall be considered to be included in the scope of work of this proposal. If upon request of CLIENT, CONSULTANT agrees to perform additional services hereunder, CLIENT shall be obligated to pay CONSULTANT for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with CONSULTANT'S current professional fee schedule, plus reimbursable expenses as incurred by CONSULTANT, unless a lump sum addendum to Agreement is executed by the parties to this Agreement which addresses the additional services. Additional services shall include revisions to work previously performed that are required due to a change in the data or criteria furnished to CONSULTANT, a change in the scope or concept of the project initiated by CLIENT, orservices that are required by changes in the requirements of public agencies after work under this Agreement has commenced. If the preceding scope of services includes public agency permitting, our quoted fees/hours include services to respond to the agency's first RAI (Request for Additional Information). Additional agency requests or requirements shall be considered an increase to our scope of services. D) Time for Completion CONSULTANT shall complete its obligations within a reasonable time. Specific periods of time for rendering services, or specific dates by which services are to be completed, are provided in Exhibit A, and are hereby agreed to be reasonable. If Owner authorizes changes in the scope, extent, or character of the Project or CONSULTANT's services, then the time for completion of CONSULTANT's services, and the rates and amounts of CONSULTANT's compensation, shall be adjusted equitably. Engineering Inspired Design. Page 50 of 185 REVISED January 01, 2025 / Page 2 of 5 II. PROVISIONS RELATIVE TO THE SERVICES RENDERED A) Re -use of Documents: All original documents, including, but not limited to, drawings, sketches, specifications, maps, as -built drawings, reports, test reports, etc., that result from CONSULTANT'S services pursuant or under this Agreement remain the sole property of CONSULTANT and are not intended or represented to be suitable for re -use by CLIENT or others. CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions, deletions, changes or revisions shall be made to same without the express written consent of CONSULTANT. Any re -use without written verification of adaptation by CONSULTANT mandates that CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or resulting there from. Photographs of any completed project embodying the services of CONSULTANT provided hereunder may be made by CONSULTANT and shall be considered as its property and may be used for publication. B) Performance: CONSULTANT shall not be considered in default in performance of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God or government, labor disputes, failure or delay of transportation or by subcontractors, or any other similar cause or causes beyond the reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder shall be extended by time period reasonably necessary to overcome the effects of such force majeure occurrences. C) Professional Standards: All work performed by CONSULTANT will be in accordance with its professional standards and in accordance with all applicable government regulations. CONSULTANT will exercise its best efforts to obtain all governmental approvals contemplated under this Agreement. However, CONSULTANT does not warrant or represent that any government approval will be obtained. Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that the Project as presented by CLIENT, is in accordance with all applicable governmental regulations. Technical Limitations for all Sub Surface Utility Coordination Services will be provided with due diligence and in a manner consistent with standards of the subsurface utility locating industry. Every reasonable effort will be made to locate all utility systems of interest whether indicated on record plans available to us or not. However, no guarantee can be made that all existing utility systems can be detected, located or exposed. It may not be possible to detect utilities without prior knowledge, such as systems that are not depicted on record prints available to us. Typically, the horizontal location effort will include electromagnetic induction, power source detection, and ground penetrating radar (GPR). Electromagnetic induction is a method in which a transmitted signal is applied to a metallic target. If the target is metallic and unbroken, the target can be traced and a receiver at the surface is used to detect the transmitted signal. If the signal cannot be applied directly to the target, induction may be produced from the surface. In this scenario bleed -off of the transmitted signal to an adjacent facility is possible, sometimes resulting in erroneous information. PVC, HDPE, concrete pipe and other non-metallic facilities cannot be located by electromagnetic methods. Power source detection is a technique used to locate naturally occurring magnetic fields that exist around cables while generating a signal (electric, telephone, CATV for example). Ground penetrating radar (GPR) is available to assist in locating non-metallic utilities and other facilities that are unidentifiable using traditional electromagnetic techniques. The accuracy of these techniques is subject to the limitation of the available technology and certain factors and field conditions beyond our control, such as the size, depth and conductivity of the target, the site conditions and access, soil conditions, depth to water table and the existence of adjacent buried materials and debris. The targeting of subsurface utilities, although highly reliable, is expressly understood to represent an approximate location of the facility marked on the ground surface. Facilities located from the surface are usually found within two feet of the surface mark. Once a possible facility has been located from the surface, vacuum excavation services should be used to visually verify and to provide the accurate horizontal location and vertical measurements (a test hole). Vacuum excavation techniques are used to provide a cost-effective service that causes minimal disturbance to the site, the utility, vehicle traffic, and is acceptable to the permitting agencies. The size of the test hole excavation is kept to a minimum, in most cases the nominal size of a test hole is 8" x 8". This service represents the best available data on subsurface utilities given a cost-effective investigation using air/vacuum excavation. Visual verification in the test hole below the water table is not possible. An air lance probe can be used in these instances to a reasonable depth of approximately 6 feet, although results to greater depths may be possible. The bottom of the utility pipe and conduit is sometimes not directly available and, in most cases, can be derived from the crown of the pipe and the pipe diameter. Pipes with a diameter of 16" or less can usually be determined by exposing a potion or the entire pipe as needed. If pipe diameter is critical on pipe facilities greater than 16", additional test holes may be required to obtain both edges. The bottom depth of multiple conduit and encased duct banks is determined by excavating down one edge of the utility. Additional test holes are needed to accurately document edges, configuration and top and bottom depths. Conditions under multiple or encased duct bank facilities cannot be excavated and therefore the existence of another facility cannot be confirmed. It is important to remember that the bottom edge of the facility may not represent its lowest point, and the shape or configuration of the facility may not be the same on both sides. Locating underground utilities is not an exact science. The reporting of a negative result (no facility found) should not be used as a positive determination that the subject area is clear of all facilities or that the facility does not exist. CLIENT shall hold harmless and indemnify KEITH against any losses because of limitations within the equipment, but not against negligence on the part of KEITH. Use of this service does not relieve interested parties from their responsibility to make required notification prior to excavation, nor does it relieve utility owners of their responsibility to mark the location of their facilities. KEITH will not be responsible for damage caused by others. KEITH will not be responsible for utilities that cannot be located with the equipment and techniques provided, or those located underneath Engineering Inspired Design. Page 51 of 185 REVISED January 01, 2025 / Page 3 of 5 other utilities. If records research is not part of the scope of services, the utility owner's marks will be used to identify the utility. KEITH will not be responsible for correcting mistakes made by other locators. Where vacuum excavation services are used, and no utility is found at the mark provided by the utility at a depth of 5 feet, the excavation will be backfilled, referenced and invoiced as one test hole. D) Opinions of Cost: Since CONSULTANT does not have control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding, or market conditions, any and all opinions as to costs rendered hereunder, including, but not limited to, opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified CONSULTANT, familiar with the construction industry. CONSULTANT cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If, at any time, CLIENT wishes greater assurance as to the amount of any cost, CLIENT shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by CLIENT will be paid for as additional services hereunder by CLIENT. If the services under this Agreement continue for a period of more than one (1) year from the notice to proceed, CONSULTANT shall be entitled to renegotiate the terms of this Agreement. CONSULTANT shall not be bound under this Agreement if modifications to the terms contained herein are made without the written consent of CONSULTANT (such consent to be signified by CONSULTANT'S initials next to each modification, and if a fully executed copy hereof is not received from CLIENT by CONSULTANT on or before sixty (60) calendar days from the date of execution by CONSULTANT. E) Termination: This Agreement may be terminated by either party upon seven (7) days written notice in event of the substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. For the purpose of this Agreement, the failure to pay any invoice submitted by CONSULTANT within forty-five (45) days of the date of said invoice, shall be considered a substantial failure on behalf of CLIENT. In the event of any termination, CONSULTANT shall be paid for all services rendered to the date of termination including all reimbursable expenses. F) Liability: CONSULTANT is protected by Workmen's Compensation Insurance, Professional Liability Insurance and by Public Liability Insurance for bodily injury and property damage and will furnish certificates of insurance upon request. CONSULTANT agrees to hold CLIENT harmless from loss, damage, injury or liability arising solely from the negligent acts or omission of CONSULTANT, its employees, agents, subcontractors and their employees and agents, but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance coverage, CONSULTANT will, if specifically directed by CLIENT, secure additional insurance obtained at CLIENT'S expense. CLIENT agrees that CONSULTANT'S aggregate liability to CLIENT and all construction and professional contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to or arising from CONSULTANT'S services under this Agreement or because of the relation hereby of CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to CONSULTANT'S total fees under this Agreement or $50,000.00 whichever is greater. In no event shall CONSULTANT be liable for any indirect, special or consequential loss or damage arising out of the services hereunder including, but not limited to, loss of use, loss of profit, or business interruption whether caused by the negligence of CONSULTANT or otherwise. CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity employed directly or indirectly by CLIENT in the project for damages of any kind from services rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of CONSULTANT. NO INDIVIDUAL LIABILITY. IN ACCORDANCE WITH FLORIDA STATUTE SECTION 558.0035, ANY CLAIMS ARISING OUT OF THIS AGREEMENT OR ANY ACTS, OMISSIONS OR NEGLIGENCE OF ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT OR ANY OTHER DESIGN PROFESSIONAL EMPLOYED BY CONSULTANT, INCLUDING BUT NOT LIMITED TO DESIGN PROFESSIONALS WHO MAY SIGN AND SEAL DOCUMENTS RELATED TO THE SERVICES, SHALL ONLY BE ASSERTED AGAINST CONSULTANT AND NOT AGAINST ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT OR INDIVIDUAL DESIGN PROFESSIONAL. AS REQUIRED BY FLORIDA STATUTE SECTION 558.0035, NO INDIVIDUAL DESIGN PROFESSIONAL IS A PARTY TO THIS AGREEMENT. Engineering Inspired Design. Page 52 of 185 REVISED January 01, 2025 / Page 4 of 5 G) Litigation: In the event litigation in anyway related to the services performed hereunder is initiated between CONSULTANT and CLIENT, the non -prevailing party shall reimburse the prevailing party for all of its reasonable attorney's fees and costs related to said litigation. III. CLIENT'S OBLIGATIONS: CLIENT shall provide CONSULTANT with all data, studies, surveys, plats and all other pertinent information concerning the Project. CLIENT shall designate a person to act with authority on CLIENT'S behalf with respect to all aspects of the Project. CLIENT shall be responsible for all processing fees or assessments required for the completion of the Project. CLIENT shall provide CONSULTANT access to the Project site at reasonable times upon reasonable notice. IV. GENERAL PROVISIONS: A) Persons Bound by Agreement: The persons bound by this Agreement are CONSULTANT and CLIENT and their respective partners, successors, heirs, executors, administrators, assigns and other legal representatives. This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either parry without the prior written consent of the other parry, such consent not to be unreasonably withheld. Nothing contained herein shall be construed to prevent CONSULTANT from employing such independent consultants, associates and sub -consultants as CONSULTANT may deem appropriate to assist in the performance of the services hereunder. Nothing herein shall be construed to give any rights or benefits arising from this Agreement to anyone other than CONSULTANT and CLIENT. B) No Waiver or Modifications: No waiver by CONSULTANT of any default shall operate as a waiver for any other default or be construed to be a waiver of the same default on a future occasion. No delay, course of dealing or omission on the part of CONSULTANT in exercising any right or remedy shall operate as a waiver thereof, and no single or partial exercise by CONSULTANT of any right or remedy shall preclude any other or further exercise of any right or remedy. This Agreement, including all requests for additional services placed hereunder, express the entire understanding and agreement of the parties with reference to the subject matter hereof, and is a complete and exclusive statement of the terms of this Agreement, and no representations or agreements modifying or supplementing the terms of this Agreement shall be valid unless in writing, signed by persons authorized to sign agreements on behalf of both parties. C) Governing Laws or Venue: This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Florida. Venue for any litigation shall be Broward County, Florida. Engineering Inspired Design. Page 53 of 185 REVISED January 01, 2025 / Page 5 of 5 Z�mEXHIBITA .] KETTH PROFESSIONAL SERVICE FEE SCHEDULE 6 , � f V ,' , i � � f U � ""( , , , j " f f (J, j Management Semior Project Executive .. ... ... ... .... $4GO.00 Project Executive . ... ... ... .... ... ... .... ... $350.100 QAJOC M-aiiagier .. ... ... ... .... ... ... .... ... $2GO.00 Expert Witness .... ... ... ... .... ... ... .... ... $800.100 Govemiment Liaison .................... ... .... $500.100 ,Seiiior Project Manager ... ... ... ... .... $280.100 Project Manager Ill . ... ... .... ... ... ... .... $230.00 Project Manager III .. ... ... .... .. .. .... .. $185.100 Project Manager I ... ... ... .... ... ... .... ... $1 T,0.100 Project Manager Assistant 11 ......... $145.00 Project Manager Assistant I ... ... .... $135.100 Adrnin!lstrative Assistant III ... ... ... .... $115.00 Adrnin!kstrative Assistant 11 . ... ... ... .... .. $95.00 Plannina Plainniing Maii-agei . .. ... ... .... ... ... .... ... $230.00 Principal Planiner (IIV ... .... ... ... ... .... ... $20O.00 Principal Planner III1I ... .... ... ... ... .... ... $185.100 Principal Planiner III . ... .... ... ... ... .... ... $170.00 Principal Planner I .. ... .... ... ... ... .... ... $155.100 Plainner V ... ... ... .... ... ... .... ... ... ... .... ... $145.00 Plainnier IV .. ... ... .... ... ... ..... ... ... ... .... ... $135.00 Planner [III .. ... ... .... ... ... ... .... ... ... .... ... $120.100 Plainner [I ........ .... ... ... ... .... ... ... ..... ... $1 G0.00 Plaifting Analyst 11 ... ... ... .... ... ... ... .... .. $85.00 Landscape Architecture Senior Landscape Architect ... ... .... $230.100 Landscape Architect IIV" .... ... ... ... .... $2G8u.00 Landscape Architect III . .... ... ... ... .... $185.100 Landscape Architect III ................... $170.00 Landscape Architect II ... .... ... ... ... .... $155.100 Landscape IDeSrg,ner IV .... ... ... ... .... $16,0.00 Land,scape IDesig,ner 111 .......... ... .... 5150.100 Landscape IDeSrg,ner III . .... ... ... ... .... $14,0.00 Landscape 103eSrg,ner I .. .... ... ... ... .... $130.00 LandscapeAnalyst IIV .. ... .... ... ... .... $135.100 Landscape Analyst 1111 ... ... .... ... ... .... $120.00 LandscapeAnalyst III . ... ... .... ... ... .... 5100.100 LandscapeAnalyst 11 .. ... ... .... ... ... .... .. $85.00 Amorist .. .... ... ... ... .... ... ... ..... ... ... ... .... 5150.00 Enainee rina Seiiior IEnguIneer ... ... ... ... .... ... ... ..... ... $230.00 Professional Eingineer IV .. ... ... ... .... $200.100 Professional Engineer III ......... ... .... $165.100 Professional Eingineer [I ... ... ... ... .... $1 T,0.100 Professional Engineer I ..... ... ... ... .... $155.100 Engineering Designer IV ... ... ... ... .... 5160.100 Engineering Designer HI ... ... ... ... .... $150.00 Engineering Designer III ..... ... ... ... .... 514,0.100 Engineering Designer I . .... ... ... ... .... $130.00 Engineering Analyst IIV................ 5135.100 Engineering Analyst IIIII ..... .. ......... 5120.100 Engineering Analyst 11 .. ... .... ... ... ... . S I GO.00 Engineering Analyst II ... ... .... ... ... ... ... $85.00 Survey SeinilarSuirveyor ........................................ $230.00 Project Surveyor IV ................................... $200.00 Project Surv&Voir IlIl ................................... $185.00 Project Surveyor 11 .................................... $170.00 Project Surveyor I ..................................... $155.00 ,Survey Analyst V ...................................... 5145.00 Survey Analyst 1V ..................................... $135.00 ,Survey Analyst IIII ...................................... $120.00 Survey Analyst III ....................................... $100.00 Survey Analyst II .......................................... $85.00 Subsurface Utility, Enaineering SenilorSubsurface UtHity Engineer ........... $230. DO Subsurface Utkity Engineer IV .................. $200.00 SUbSUrfac,e Utl1ty Engineer Ilil .................. $185.00 Subsurface Utkity Engineer Ill ................... $170.00 S,UbSUrftace Utl1ty Engineer I .................... $155.00 Subsurface Utkity Analyst V ................... - $145.00 SOSUrfoace Utklity Analyst IV .................... $135.00 S,UbSUrf-ac.e Utl1ty Analyst III ..................... $120.00 SOSUrfoace Utklity Analyst 11 ...................... $100.00 S,UbSUrf-ac.e Utl1ty Analyst II ......................... $,85.00 9MIN Kam Z, mrm. Field Crew Supervisor .............................. $150.00 Survey Crew IV ......................................... $250.00 Survey Crew HI ......................................... $200.00 ,Survey Crew 11 .......................................... $155. DO Survey DrDne Crom .................................. $225.00 Utility Designatirig Crew ............................ $225.00 SUE Crew ................................................. $375.00 VaCUUM Excavations IIllrmlpewious ........ $550-0101Ea. Vacuum Excavations Pervious .......... .. $450.00fEa. UtilIitv Coordination Seinilar Utility Coordinator .......................... $230.00 Utility Coordinator IV ................................. $200.00 Utillity Coordinator 1111 ................................. $185.00 Utility Coordinator III .................................. $170.00 Utillity Coordinator I ................................... $155.00 Utillty Coordinator Analyst V ..................... $145.00 Utility Coordinator Analyst DI" .................... $135.00 Utillty Coordinator Analyst IIIII .................... $120.00 Utility Coordinator Analyst DII ..................... $100.00 Utillity Coordinator Analyst I ........................ $85.00 Construiction Services Slanilor ConstrucUoin IManager ................... 5230.00 Construdion Manager 11 ........................... $200.00 Construdion Manager II ............................ $185.00 Seinilar (Inspector ........................................ $170.00 (Inspector VI ............................................... $155.00 (Inspector V ................................................ $145.00 (Inspector IV ............................................... $135.00 (Inspector Ill ............................................... $120.00 (Inspector III ................................................ $100.00 (Inspector I ................................................... $85.00 VAVWJ(1E 11 FffeM1111 oLIMDM Eff,401Jvie 031-AYI/2025 ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... a pv(fiairn'n a of a'X,Iaindo ,,ill, Fbiit'y aintlucJie Page 54 of 185 r0 associates Land Planning / Landscape Architecture May 22, 2025 Mr. Jonathan Armbruster, P.E. Sr. Vice President of Waterfront Engineering Taylor Engineering, Inc. 10199 Southside Blvd., Ste 310 Jacksonville, FL 32256 via email: "rrr•rnlrrnster to loren )ineerin .r:.om Consider this to be the original RE: Port of Fort Pierce— Harbour Pointe Regional Boat Ramp — Proposal of Services for Landscape Architecture (LA REF NO. 24-030.01) Dear Mr. Armbruster: This agreement authorizes Lucido & Associates, hereinafter referred to as "Consultant," to provide to Taylor Engineering, Inc., hereinafter referred to as "Client" with landscape architecture services for Harbour Pointe Regional Boat Ramp, located in the City of Fort Pierce, Florida. Lonp,t,,.)„g;This is a continuation of services provided under LA Reference No. 24- 030. Client has requested Consultant to provide Landscape, Irrigation and Hardscape (for specialty paver areas) plans for the proposed Harbour Pointe Boat Ramp (aka Port of Fort Pierce), located within the municipal limits of the City of Fort Pierce, FL. The below Scope of Services and associated Fee are based on a Task outline provided to Consultant by Client via email on May 21, 2025, which provided a general breakdown of subtasks and fees. Our understanding is that we will provide the following specific services: Part L(` . It ), $42,1600 • Task 4.1 - $12,500 o Preparation of Conceptual Design Development (30%) plans to include: Landscape • Identification of proposed locations of canopy trees, palm trees, understory and accent trees, and general landscape buffer areas (i.e., property line buffers); • Identification of areas for potential landscape lighting; • Preparation of conceptual landscape pallet (photo board) for all proposed landscape, including canopy trees, palm trees, understory and accent trees, shrubs, grasses and groundcovers, and sod. • Irrigation 701 SE Ocean Boulevard Stuart, Florida 34994 Rel 772.220.2100 9ax.772.223,0220 wub www.lucidodesi n.com Page 55 of 185 Mr. Armbruster LA # 24-030.01 Port of Fort Pierce — Harbour Pointe Regional Boat Ramp May 22, 2025 Page 2 of 7 • Identification of proposed location of on -site irrigation well, or Point of Connection if municipal water supply is to be utilized; • Identification of proposed location and size of irrigation mainline and proposed locations of sleeving at pavement crossings. ■ Hardscape • Identification of locations proposed to receive specialty paving application (i.e., concrete pavers and/or stamped asphalt/concrete); • Provide conceptual material specification including size, color, and pattern of specialty paving. • Task 4.2 — $15,000 o Preparation of City Site Plan Review Landscape and Tree Mitigation Plan • Preparation of one Landscape Plan and Tree Mitigation Plan to be submitted by others for review by City of Fort Pierce during Site Plan Review process (coordinated by others), to include: • Locations, notes, details and specifications for all proposed landscape material required to meet minimum City Code requirements, including landscape calculations to demonstrate compliance with min. City Code; • Identification of all trees to be preserved, removed and/or relocated, and Tree Mitigation calculations to demonstrate compliance with City's tree protection regulations. • Attendance at one TRC meeting, if necessary; • Preparation of one revised Landscape Plan based on comments provided by City staff, if necessary; • Preparation of one set of written response to staff comments, if necessary. • Task 4.3 — $12,500 o Preparation of Preliminary Design and Permit (60%) plans as refined from 30% plans, to include: it Landscape • Locations, notes, details and specifications for all proposed Landscape material. • Irrigation • Locations, notes, details and specifications for all proposed irrigation material. • Hardscape • Locations, notes, details and specifications for all proposed hardscape (specialty paving) material. • Task 4.4 — $2,500 o Preparation of Opinion of Probable Cost for Landscape, Irrigation and Hardscape material. 701 SE Ocean Boulevard Stuart, Florida 34994 te: 772.220.2100 fax, 772.223.0220 we ix www.lucidodesign.com Page 56 of 185 Mr. Armbruster LA # 24-030.01 Port of Fort Pierce — Harbour Pointe Regional Boat Ramp May 22, 2025 Page 3 of 7 and, Dmeats 425,500 • Task 6.1 — $12,500 o Preparation of 90% Plans as refined from 60% plans to include: • Landscape • Locations, notes, details and plan specifications for all proposed Landscape material; • Landscape Specifications (8.5x11 document format). • Irrigation • Locations, notes, details and plan specifications for all proposed irrigation material; • Irrigation Specifications (8.5x11 document format). • Hardscape • Locations, notes, details and plan specifications for all proposed hardscape (specialty paving) material; • Hardscape Specifications (8.5x11 document format) —vendor provided in consultation with project's Civil Engineer. • Task 6.2 — $4,500 o Preparation of Opinion of Probable Cost for Landscape, Irrigation and Hardscape material based on 90% plans. • Task 6.4 — $8,500 o Preparation of 100% Plans as refined from 90% plans to include: it Landscape • Locations, notes, details and plan specifications for all proposed Landscape material; • Landscape Specifications (8.5x11 document format). • Irrigation • Locations, notes, details and plan specifications for all proposed irrigation material • Irrigation Specifications (8.5x11 document format). • Hardscape • Locations, notes, details and specifications for all proposed hardscape (specialty paving) material; • Hardscape Specifications (8.5x11 document format) —vendor provided in consultation with project's Civil Engineer. • Task 7.1 - $5,500 o Attendance at pre -bid meeting as determined by Client; o Preparation of responses to contractor -submitted RFI's o Review of contractor -submitted proposed material substitutions (landscape, irrigation, hardscape material). 701 SE Ocean Boulevard Stuart, Florida 34994 tel 772.220.2100 i�,xro 772.223.0220 webk www.lucidodesign.com Page 57 of 185 Mr. Armbruster LA # 24-030.01 Port of Fort Pierce — Harbour Pointe Regional Boat Ramp May 22, 2025 Page 4 of 7 FEES: Fees shall be billed on a fixed fee basis, based on the hourly billing rates included in this contract, in the amount of Seventy Consultant shall not exceed the fee amount without authorization from Client. Fees may be increased based on changes or additions to the proposed Scope of Services. Fees shall be billed monthly on a percentage of completion basis, and are due upon receipt. Founding Partner $275.00 Project Designer III $145.00 Senior Partner $265.00 Project Designer II $135.00 Partner $255.00 Project Designer 1 $125.00 Director of Landscape Architecture $245.00 Environmental Specialist $120.00 Project Director 111 $225.00 Planner 11 $115.00 Project Director 11 $215.00 Planner 1 $105.00 Project Director 1 $205.00 Executive Administrator $100.00 Project Manager V $195.00 Bookkeeper $ 95.00 Project Manager IV $185.00 Design Assistant $ 85.00 Project Manager III $175.00 Administrative Assistant $ 75.00 Project Manager II $165.00 Technical Assistant $ 65.00 Project Manager 1 $155.00 Hourly rates are valid for a period of thirty (30) days from date of proposal. Hourly rates may change at the beginning of each calendar year based on annual review (01.01.2025) EXPENSES: Reimbursable expenses may include: reproduction, travel expenses, courier, telephone costs, and outside vendors, and shall be billed on a monthly basis in addition to professional services fees. All vendor reimbursable expenses shall be charged direct costs plus 15%. Additional services required as a result of substantial changes in the established scope of services, project program or concept; unforeseen constraints; new, revised or improper interpretations or applications by government staff or officials of local development regulations or Comprehensive Plan policies; revisions to plans or documents prepared by others not directly affiliated with Lucido and Associates; or as requested by the Client will be billed at either the hourly rates referenced herein or at agreed upon fixed fees. Additional services include, but are not limited to, planned unit development agreements; governmental applications for development approval not specifically Listed herein; conceptual site plans, master plans, final site plans; phasing plans; meetings/site visits not listed in the scope of services; traffic analyses or review and coordination of traffic related issues; revising previously approved drawings; additional graphics, elevations, cross -sections, perspectives, color renderings or photo boards not specifically listed herein; tree surveys or mitigation plans; architectural services, review of architectural plans or coordination of architectural issues; engineering services, review of engineering plans or coordination of engineering issues; site lighting or electrical engineering; landscape designs, plans, or specifications; irrigation designs, plans, or specifications; structural plan; governmental or building permits; permit drawings; environmental surveys or review and coordination of environmental 701 SE Ocean Boulevard Stuart, Florida 34994 kfl 772.220.2100 iax 772.223.0220 web: www.lucidodesign.com Page 58 of 185 Mr. Armbruster LA # 24-030.01 Port of Fort Pierce — Harbour Pointe Regional Boat Ramp May 22, 2025 Page 5 of 7 related issues; site visits during landscape installation to ensure design intent is met; and other such services (i.e. meetings, plans or processes) not otherwise listed in the scope of services. INSURANCE: The Consultant carries Worker's Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will acquire such additional insurance, if obtainable, at the Client's expense. TERM S. Invoices shall be considered past due thirty (30) days from the date of billing. Work process shall stop after account is thirty (30) days in arrears. In connection with any litigation, including appellate proceedings arising out of this Agreement, the prevailing party shall be entitled to recover any amounts due and/or unpaid, together with costs, interest and reasonable attorney's fees. In the event any invoice or any portion thereof remains unpaid for more than thirty (30) days following the invoice date, the Consultant may initiate collection and/or legal proceedings to collect the same. Any sum due the Consultant which is not paid within thirty (30) days after submission of an invoice shall bear interest at a rate of one and one-half percent (1-1/2%) per month from the date of submission of the invoice until paid in full. if the Client objects to an invoice, it must advise the Consultant in writing providing its reasons within 14 days of receipt of the invoice, or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. The parties acknowledge that a substantial portion of negotiations and anticipated performance of this agreement occurred or shall occur in St. Lucie County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in St. Lucie County; (b) consents to the jurisdiction of such court in any such suit, action or proceeding; and (c) waives any objection which he or she may have to the laying of venue of any such suit, action or proceeding in such court. The Client understands and agrees that if all fees and reimbursable expenses are not paid, that after the conclusion and/or termination of the representation, the Consultant may report such non-payment to the appropriate credit reporting agencies. In addition, the Client understands and agrees that after the conclusion and/or termination of the representation, the Consultant may assign any unpaid fees and costs to an appropriate collection agency for collection, or initiate a collection action itself. All original drawings and information are to remain the property of the Consultant (all copies of drawings to be supplied to Client for their files). The Client will be provided with copies of final drawings and/or reports for information and reference purposes. Plans and documents are not to be used for Construction purpose without Consultant approval. Boundary survey shall be provided by Client in digital format in State Plane Coordinate System. All Consultant information and materials may not be used for the benefit of any third party without approval by the Consultant. Technical and pricing information in this proposal is confidential and the proprietary property of the Consultant, and is not to be disclosed or made available to third parties without the written 701 SE Ocean Boulevard Stuart, Florida 34994 [ol 772.220.2100 fax 772.223.0220 a;r.L www.lucidodesign.com Page 59 of 185 Mr. Armbruster LA # 24-030.01 Port of Fort Pierce — Harbour Pointe Regional Boat Ramp May 22, 2025 Page 6of7 consent of the Consultant. All plans, documents and graphics are to be considered accepted after submittal to the appropriate governing jurisdiction. The Consultant will not be responsible for Government Certification of our landscape designs or other associated planting or site problems if not contracted to provide site inspection services during plant installation. All conceptual, master and final site plans produced bythe Consultant are diagrammatic and not to be used for construction purposes. All master and final site plans must be horizontally controlled and brought into compliance with regulatory site design standards by the Client's engineer for construction purposes. The obligation to provide further services under this Agreement may be terminated by the Client upon thirty (30) days written notice in the event of any substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating parry. In the event of any termination, the Consultant will be paid for services rendered to the date of notice, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Consultant as a result of such termination. The fee and timing for the quote above is valid for a period of thirty (30) days from the date of this contract. In the event the Consultant's compensation under this agreement is a fixed fee, upon such termination, the amount payable to the Consultant for services rendered will be a proportional amount of the total fee based on the ratio of the amount of the work done, as reasonably determined by the Consultant, to the total amount of services which was to have been performed, Less prior partial payments, if any, which have been made. Consultant shall not be responsible for, or liable for: 1. Changes to the Client -approved or submitted site plan or development application that may result from Client directives; changes to construction plans or surveys. 2. New, revised or improper interpretations or applications by government staff or government officials of development regulations or Comprehensive Plan policies. 3. Amendments to government approved final site plans that may result from platting requirements. 4. Delays to site plan or development applications or responses to staff reports that may be created by project team members, government agencies or any other unforeseen circumstances that may result from the development review process. 5. The quality of work or technical data and analysis provided by other project team members such as plans, documents, or electronic data prepared by the project engineer, surveyor, attorney, architect, traffic consultant, environmental consultant or others not employed by Lucido & Associates. This contract does not guarantee government approval of the development application. Consultant shall not be responsible for, or liable for, the denial of a government application based on failure to perform by project team member; or new, revised, or improper interpretations or 701 SE Ocean Boulevard Stuart, Florida 34994 k,A 772.220.2100 fax 772.223.0220 vvel): www.lucidodesign.com Page 60 of 185 Mr. Armbruster LA # 24-030.01 Port of Fort Pierce — Harbour Pointe Regional Boat Ramp May 22, 2025 Page 7 of 7 applications of local development regulations or Comprehensive Plan policies by government staff or officials; or any other unforeseen circumstances that may result from the development review process. The Client acknowledges and agrees that land use matters at all levels of government are time consuming and unpredictable. The Consultant cannot guarantee success nor can the Consultant guarantee the timing of the governmental process. All time estimates, if any, are simply estimates based upon past experience and eventual time frames may vary considerably from any estimates given. The Consultant is not responsible for any time delays or damages to the Client because of any time delays regardless of the source of the delays. All fees charged by government are to be paid by the Client, regardless of the amount of the fee or the reason for the fee. The Consultant is not responsible for any fees charged by the government. The governmental process in land use matters may also involve the Client engaging other professionals to assist the Client. The Client is responsible for engaging all other professionals to assist the Client in achieving the Client's land use goals. The Consultant is not responsible for engaging other professionals, is not responsible for work product of other professionals and is not responsible for any fees of other professionals. The Consultant is not responsible for the government misinterpreting government regulations or making new interpretations of government regulations inconsistent with past interpretations. SIGNATURE Please sign and return a copy of the proposal to us via mail or email. Retain the original proposal for your records. Work will commence upon receipt of the executed proposal. APPROVED AND ACCEPTED THIS ...... ... .......... DAY OF .... _._....... ......_.., 2025. LUCIDO & ASSOCIATES, LLP TAYLOR ENGINEERING, INC By: Steven D. Garrett, P.A. a Florida Corporation Its Managing Partner By: BN/ky 701 SE Ocean Boulevard Stuart, Florida 34994 tel 772.220.2100 iax 772.223.0220 ev& www,lucidodesign.com By: Jonathan Armbruster, P.E. Page 61 of 185 1225 Omar Road West Palm Beach, FL 33405 P (561) 689-4299 llf' e lim lima c ii°m , c iii,il June 1, 2025 (Revised) Taylor Engineering, Inc. 10199 Southside Blvd., Suite 310 Jacksonville, FL 32256 Attn: Jonathan Armbruster, P.E. — Senior VP of Waterfront Engineering P: 904-710-4309 E: jarmbruster@taylorengineering.com RE: Revised Proposal for Supplemental Geotechnical Engineering Services Harbour Pointe Improvements 1 Avenue M Extension Fort Pierce, Florida Terracon Project No. HD235057 Jonathan: We appreciate the opportunity to submit 1 Inc. (Taylor Engineering) to provide Supp the above referenced project. The followin is revised proposal to the Taylor Engineering, !rriental Geotechnical Engineering services for are exhibits to the attached revised proposal. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location and Nearby Geotechnical Data Exhibit E Anticipated Exploration Plan Our base fee (NTE amount) to perform the Scope of Services described in this proposal is $38,500 with an anticipated delivery date of about 6 weeks after signed authorization. Exhibit C includes details of our fees and consideration of additional services as well as a general breakdown of our anticipated schedule. Your authorization for Terracon to proceed in accordance with this revised proposal can be issued by sending us an Amendment to the existing Subconsultant Agreement using this supplemental proposal as an attachment. Sincerely, III "'erlimacirm Jason DuBois Project Manager Douglas S. Dunkelberger, P.E. Principal I am 1pu es I I rer r'dw°amnimW I Geotechnical I IImatevn mi Page 62 of 185 Proposal for Supplemental Geotechnical Engineering Services Mbrracon Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 Our Scope of Services is based on our understanding of the project as described by Taylor Engineering, and the expected subsurface conditions as described below. Terracon has visited the project site to confirm the information provided. Aspects of the project, undefined or assumed, are highlighted as shown below. We request Taylor Engineering and/or the design team verify all information prior to our initiation of field exploration activities. •WIT400170111341 o Information / The following information wad a N"ped to us by Mr. Duncan Greer, P.E. with Taylor Eng', = ering V��mail on May 6 and 7, Provided 2025. � We understand that St /,` ie my has plans to move forward with the design and con tion of a boat ramp, temporary mooring area and � �ad a �"ell as other improvements in the form of a new pal slurent, parking, Irestroom, convex /, vending ar�j�shade/�� ctur s and expanded stormwater pond Project areas at '"j'r Poi Park. r Description �� ,. TerracdI ', plete(d"/'geotechnical services for the new seawall g"� d�O� mponent of the project in August 2024. Data ather4 j A 'rovided during that study will be utilized (i.e., built '% ion) for t study. Proposed B!///ii„ Structures Ilerlp, restroom and shade structures. We expect that a concrete slab will be employed for the boat Building ramp. We anticipate the restroom will be constructed of CBS Construction supported on a concrete slab. The shade structures will likely be composed of wood. We understand that the relieving platform for the bulkhead will be supported on piling. Finished Floor Not provided at this time. Elevation Maximum Loads We expect that the at -grade structures will be relatively lightly loaded. Grading/Slopes We expect that fills/cuts will be minimal (i.e. less than 3 feet). acre8re6cs I rm rlra:mmermlM I Geotechnical I matern uls;„ Page 63 of 185 Proposal for Supplemental Geotechnical Engineering Services Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 Below -Grade Structures Free -Standing Retaining Walls Pavements Stormwater Management Estimated Start of Construction Not applicable. Not applicable. Mbrracon We expect that both rigid (concrete) and flexible (asphalt) pavements may be considered for the project. We understand that two stormwater ponds (totaling about 3 acres) will be created to handle stormwater runoff. In addition, stormwater pretreatment (collection) islands are proposed within the parking areas.j/ Unknown. AN Site Location and Anticipated Condition Parcel Information Existing Improvements Current Ground Cover Existing Topography Site Access The project is loci Florida. Sechibit ue M Extension in Fort Pierce, derately dense vegetation Accordin I to the South Florida Water Management District i � WM DBHYDRO website, ground surface elevations across Van th k ward side of the site vary between about +5.5 and +6.5 feet AVD. Along the shoreline, the elevation is approximately +1 feet NAVD. We expect the site, and all exploration locations, are accessible with our truck mounted drilling equipment and support vehicles. It is possible that at two boring locations (boat ramp and relieving platform) that limited site clearing will be required in order to provide access for the rig and supporting vehicles. A budget allowance has been provided for same. Expected Terracon performed subsurface exploration in April and May 2024 Subsurface for the seawall (bulkhead) component of the project. The results Conditions of the exploratory work disclosed a subsurface profile consisting of sands with varying amounts of silt and shell fragments that acre8re6cs I rm rlra:mmermlM I Geotechnical I matern uls;„ Page 64 of 185 Proposal for Supplemental Geotechnical Engineering Services Mbrracon Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 extend to at least 75 feet below the ground surface. At some locations, a thin clay layer was found above 15 feet. acre8re6cs I rm rlra:mmermlM I Geotechnical I Matern uls;„ Page 65 of 185 Proposal for Supplemental Geotechnical Engineering Services Wlbrracon mmi Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 Exhibit B - Scope of Services Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. 2mrsix.70747F.Worm Considering our previous subsurface exploration locations at the site and additional input from Taylor Engineering, we suggest the following field exploration program: 7 10 Pavement Areas ML 3 25 - water Pond Areas !% 1 15/ troom Area 1 25 � Boat Ramp 1 75//j Relieving Platform Area 1 15 i ' !/ Convex Vending Area 1 1jIl `� Sign/Monument 1. Although not anticipated based on the geology in the vicinity of the project site, borings would be terminated at shallower depths if refusal is encountered. 2. The planned boring locations are shown on the attached Anticipated ExplorationPlan. 3. Previous landside and waterside boring data will also be utilized for the boat ramp geotechnical recommendations. Further, four Double Ring Infiltrometer (DRI) tests will be run in the stormwater pond and collection areas at depths of about 1 to 2 feet below the existing ground surface in general accordance with ASTM D3385. Lastly, one temporary piezometer will be installed to a depth of 20 feet below the ground surface in each of the stormwater pond areas. The boreholes will be 6-inches in diameter and screened with 2-inch perforated PVC piping from 10 to 20 feet. Field permeability testing will be completed in the piezometers and their installations left in place to record stabilized groundwater readings during our study. acre8re6cs I rm rlra:mmermlM I Geotechnical I 7art,0rn,uls;„ Page 66 of 185 Proposal for Supplemental Geotechnical Engineering Services Mbrracon Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of +/-20 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. We can alternatively coordinate with your Project Surveyor to include locations and surface elevations in project information if so requested. Subsurface Exploration Procedures: We will advance the borings with a truck -mounted drill rig employing mud rotary techniques. Five samples will be obtained in the upper 10 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using split -barrel sampling procedures. The split -barrel samplers are driven in accordance with the standard penetration test (SPT). The samples will be placed in appropriate containers, taken to our soil laboratory for testing, and classified by a Geotechnical Engineer. In addition, we will observe and record groundwater levels during drilling and sampling. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials observed during drilling and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation, and include modifications based on observations and laboratory tests. Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur !including rutting of the ground surface and damage to landscaping. We will backfill the borings with auger cuttings and/or bentonite pellets upon completion. Our services do not include repair of the site beyond backfilling our boreholes. Excess drill cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service or grout the boreholes for additional fees at your request. Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials observed while drilling will be noted on our logs. acre8re6cs I rm rlra:mmermlM I Geotechnical I 7art,a rn,uls;„ Page 67 of 185 Proposal for Supplemental Geotechnical Engineering Services Mbrracon Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 Exploration efforts require borings (and possibly excavations) into the subsurface, therefore Terracon will comply with local regulations to request a utility location service through SSOCOF. We will consult with the landowner/client regarding potential utilities or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods as the safety of our field crew is a priority. Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. Terracon's Scope of Services does include private utility locating services. If the landowner/client is unable to accurately locate private utilities, and it becomes apparent that the risk of private utilities on/near the site exists, then Terracon will initiate these services. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non -electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the landowner/client of their responsibilitIOS in identifying private underground utilities. Site Access: Terracon must be g information to the contrary, we access the property for conduct Services. Our proposed fees do r landowners or tenants. Terracon (Monday through Fridai over a weekend or at;n ranged access to the site by the property owner. Without :onsider acceptance of this proposal as authorization to ing field exploration in accordance with the Scope of of lnclude'time to negotiate and coordinate access with will conduct field services during normal business hours 7:O0am and 5:OOpm). If our exploration must take place �e contact us so we can adjust our schedule and fee. The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil strata. Exact types and number of tests cannot be defined until completion of field work, but we anticipate the following laboratory testing may be performed: Water Content -200 (Fines Content) Atterberg Limits Limerock Bearing Ratio (3 samples) acre8re6cs I rm rlra:mmermlM I Geotechnical I 7art,0rn,uls;„ Page 68 of 185 Proposal for Supplemental Geotechnical Engineering Services Mbrracon Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 Our laboratory testing program often includes examination of soil samples by an engineer. Based on the results of our field and laboratory programs, we will describe and classify soil samples in accordance with the Unified Soil Classification System (USCS). A • r • IZZ§Ei= The results of our field and laboratory programs will be evaluated, and a geotechnical engineering report will be prepared under the supervision of a licensed professional engineer. The geotechnical engineering report will provide the following: Boring logs with field and laboratory data • Stratification based on visual soil classification • Groundwater levels observed during drilling and subsequently in piezometer installations • Site Location and Exploration Plans • Subsurface exploration procedures • Description of subsurface conditions • Results of the field infiltration and • Summary of subsoil strength (angle c earth pressure parameters • Recommended foundation options an proposed restroom building, relieving monument/sign. Estimated settle • Recommendations for de! • Earthwork recdm.mendati borrow suitability eability testing riternal friction), unit weight, and lateral ngineering design parameters for the atform, shade structures and ndations n and construction of interior floor slab(s) s including site/subgrade preparation and on -site • Recommendations for design and construction of pavements • Stormwater management considerations In addition to an emailed report, your project will also be delivered using Terracon Compass (Compass). Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. We welcome the opportunity to have project kickoff conversations with the team to discuss key elements of the project and demonstrate features of the portal. The typical delivery process includes the following: acre8re6cs I rm rlra:mmermlM I Geotechnical I 7art,0rn,uls;„ Page 69 of 185 Proposal for Supplemental Geotechnical Engineering Services Mbrracon Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 • Project Planning - Proposal information, schedule, and anticipated exploration plan • Site Characterization - Findings of the site exploration and laboratory results Geotechnical Data Report When services are complete, we upload a printable version of our completed Supplemental Geotechnical Engineering data report, including the professional engineer's seal and signature, which documents our services. Previous submittals, collaboration, and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. Additional Services In addition to the services noted above, the following are often associated with geotechnical engineering services. Fees for services noted above do not include the following: Review of Plans and Specifications: Our geotechnical report and associated verbal and written communications will be used by others in the 'design team to develop plans and specifications for construction. Review of project plans and specifications is a vital part of our geotechnical engineering services. This consists of review of project plans and specifications related to site preparation, 'foundation, and pavement construction. Our review will include a written stafernent conveying our opinions relating to the plans and specifications' consistency with our geotechnical engineering recommendations. Observation and Testing of Pertinent Construction Materials: Development of our geotechnical engineering recommendations and report relies on an interpretation of soil conditions. Our assessment is based on widely spaced exploration locations and the assumption that construction methods will be performed in a manner sufficient to meet our expectations and consistent with recommendations made at the time the geotechnical engineering report is issued. We should be retained to conduct construction observations, and perform/document associated materials testing, for site preparation, foundation, and pavement construction. These services allow a more comprehensive understanding of subsurface conditions and necessary documentation of construction to confirm and/or modify (when necessary) the assumptions and recommendations made by our engineers. Perform Environmental Assessments: Our Scope for this project does not include, either specifically or by implication, an environmental assessment of the site intended to identify or quantify potential site contaminants. If the client/owner is concerned about the potential for such conditions, an environmental site assessment should be conducted. We can provide a proposal for an environmental assessment, if desired. acre8re6cs I rm rlra:mmermlM I Geotechnical I 7art,0rn,uls;„ Page 70 of 185 Proposal for Supplemental Geotechnical Engineering Services Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 WIT�' ! r #' Ni i` Mbrracon Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our base fee is shown in the following table: Private Utility Locates, Subsurface Exploration' & Ge Vegetation Clearing (allowance, on Review of Plan Set (60% and/or 90%) for Total Nat —to -Exceed Proposed fees noted above are proposal. Limited site clearing (if equipment, operator an+ required and vegetative areas. Our Scope of Service; conditions, tree or sl services are desired b of Services. $32,000 $4,000 $2,500 $38,500 ys from the date of the cost $4,000 per day. This cost includes ght of clearing. Assumes no permit is on site with no restoration of cleared -lude services associated with site clearing, wet ground a, or repair of/damage to existing landscape. If such client, we should be notified so we can adjust our Scope Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. acre8re6cs I rm rlra:mmermlM I Geotechnical I Matern uls;„ Page 71 of 185 Proposal for Supplemental Geotechnical Engineering Services Mbrracon Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field exploration beyond our control, such as weather conditions, delays resulting from utility clearance or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. Kickoff Call with Client 5 days afte�,r��tice to proceed (NTP) Site Characterization °5 da°", fter NTP A///Ga d, %ro Geotechnical Engineering 30 days ,��r NTP 1. Upon receipt of your notice to proceed 'we will activate the schedule component on Compass with specific, anticipated dates for the delivery points noted above as well as other pertinent events, 2. Standard workdays. We will maintain an activities calendar within on Compass. The schedule will be updated to maintain a current awareness of our plans for delivery. acre8re6cs I rm rlra:mmermlM I Geotechnical I Matern uls;„ Page 72 of 185 Proposal for Supplemental Geotechnical Engineering Services Mbrracon Harbour Pointe Improvements I Fort Pierce, Florida June 1, 2025 1 Terracon Project No. HD235057 Exhibiti - Site Location Page 73 of 185 {A cm pm R, C ' // / 1II I � 1 r�' CL L== LL Ln N III° V U M ✓ 15 v Y o 1J Y a` o it H /� ry C � C v yr G P U W /��n a✓'e 10 a W �. Ln w p N _ 0 OC, _/ C C �/ L f6 ild ry IN am ^ /� May 161h/ 2025 Terry Cake Senior Engineer Taylor Engineering, Inc. 10199 Southside Boulevard, Suite 310 Jacksonville, FL 32256 RE: Cost Proposal for Vibracore Collection Services Harbour Pointe Regional Boat Ramp St. Lucie County, Florida Dear Mr. Cake, The intent of this document is to act as a technical cost proposal for the abovementioned vibracore sampling effort. This proposal is based on details provided to Athena Technologies, Inc. (Athena) by Taylor Engineering, Inc. (Taylor) in May 2025, and subsequent communications between the two firms. It is our understanding that you will require the collection of vibracore samples from 4 locations in Taylor Creek, located in Fort Pierce, St. Lucie County, Florida. The locations are positioned adjacent to a proposed boat ramp facility and data from the vibracores will be used to facilitate future dredging activities at the site. It is understood that the project depth for this effort is -14 feet relative to North American Vertical Datum of 1988 (NAVD88) and that core penetration lengths will range from 10 to 13 feet below sediment surface (BSS). We also understand that up to 3 cores will be collected from each location to yield sufficient sample volume for all required laboratory analyses. Athena will utilize our 32-foot research vessel, RV Recovery, to operate as the vibracore sampling platform for this effort. RV Recovery is equipped with all required U.S. Coast Guard (USCG) safety gear and will be operated by a USCG -certified Captain. The Captain will be accompanied by two to three additional crewmembers. Athena will utilize a Trimble Differential Global Positioning System (sub -meter accurate) interfaced with HYPACK for horizontal positioning, and a Furuno fathometer (verified by lead line) for gathering water depths. A Trimble R12i Global Satellite Navigation System (GNSS) interfaced with the Trimble RTX correction network (accurate to +/-5cm) will be utilized to determine water level and sediment surface elevations. 1293 Graham Farm Road, PO Box 68 McClellanville, South Carolina 29458 (843) 887-3800 www.athenatechnologies.com Page 75 of 185 During vibracore sample collection, Athena will navigate to the desired coordinates, provided by Taylor and, once on station, the vessel will be immobilized using a triple point anchor system or spuds. When the vessel is immobilized, the coordinates at the vessel location will be compared with coordinates for the desired sample site to ensure accurate vessel positioning. Athena's custom -designed and fabricated vibracore system will then be deployed from the sampling platform. The vibracore system consists of a generator with a mechanical vibrator attached via cable to a 3-inch diameter, decontaminated (see below for description of decontamination protocol), stainless -steel sample barrel with cellulose acetate butyrate (CAB) liner insert (2.875 inches inside diameter). The sample barrel is lowered to the sediment surface through a moon pool in the deck of the vessel by attaching lengths of drill stem. The vibracore machine is then turned on and the sample barrel is allowed to penetrate until it reaches target depth or encounters refusal. The sample barrel is then retrieved using an electric winch. Once the sample barrel is on deck, the CAB liner will be removed from the stainless -steel sample barrel, capped on both ends, labeled, and recovery will be measured. The completed vibracore samples will be turned over to Taylor for processing. The coring process will be repeated until sufficient sediment volume has been acquired at each sample location, which is anticipated to be up to 3 cores per station. If refusal is met and the material at the base of the core is not limestone, carbonate -cemented clastic sediments, or indurated silt/clay, then Athena will make one additional vibracore attempt to reach the required penetration depth. Similarly, if sediment characteristics (i.e., dense/coarse sand, etc.) cause penetration or recovery issues using the stainless -steel and CAB liner system, then Athena would propose to use decontaminated, 3-inch diameter, aluminum sample barrels to collect the vibracore samples. The coring process with aluminum sample barrels is identical to the process outlined above. Prior to mobilization, all sampling equipment will be steam -cleaned and decontaminated in accordance with protocol outlined below. During field activities, all sampling equipment that comes into contact with site sediment will be decontaminated using the following procedures: 1) Scrubbed to remove bulk material. 2) Washed/scrubbed with Liquinox phosphate -free detergents. 3) Rinsed with distilled or deionized water. 4) Rinsed with isopropanol. 5) Rinsed with deionized water. 6) Rinsed with 10% nitric acid solution 7) Rinsed with distilled or deionized water. 8) Equipment allowed to air dry. 9) Wrap equipment in new, clean aluminum foil. 1293 Graham Farm Road, PO Box 68 McClellanville, South Carolina 29458 a" H E "A6, (843) 887-3800 1FC HNOLOGICS, INC.. www.athenatechnologies.com Page 76 of 185 The decontamination procedures above can be modified as necessary to accommodate site - specific requirements. Our proposed costs to complete the scope of services are as follows: Item# Description Amount 1 Mobilization/Demobilization, lump sum $11,750.00 2 Vibracore Sampling Services, per day $6,250.00 3 Aluminum or CAB Sample Barrels and caps, each $175.00 4 Trimble R12i Rental and RTX Network Access, lump sum $1,500.00 5 Field Data Review and Reporting, lump sum $500.00 The daily rate for vibracore sampling services includes vessel and equipment rental, labor, per diem, vessel dockage, fuel, on -water transit costs, consumables, and all other associated costs. We are anticipating 1 field day to complete the vibracore sampling effort. This proposal assumes Athena's current insurance coverage will be sufficient for this project. An example COI is attached. Furthermore, if waivers of subrogation are required, Athena will charge $500.00 per entity requesting the waiver. This proposal assumes Taylor will be responsible for sample containers, sample shipping costs and laboratory analytical costs. The costs above are valid until November 16th. 2025. Thank you for providing Athena with the opportunity to provide a cost estimate for this project. Please let us know if you have any questions or comments regarding this proposal. Best Regards, J. Adam Freeze Vice President / Geologist 1293 Graham Farm Road, PO Box 68 McClellanville, South Carolina 29458 (843) 887-3800 www.athenatechnologies.com Page 77 of 185 ATTACHMENT A EXAMPLE COI ME 1293 Graham Farm Road, PO Box 68 McClellanville, South Carolina 29458 (843)887-3800 www.afhenatechnologies.com Page 78 of 185 A'TIHETIEC-41 AEICIHORN REF TIFI�ATE OF LIABILITYII(�IISURr+ III E FDATE1111MMIDWYYYY)' 11712024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONILY 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 INSURE'R(&), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate (holder is an ADDITIONAL IINSURED, the Ipollicyfies) must have ADDIITIONAL INSURED provisilons or be endorsed. If SUIBROG,ATION IS WAIVED, subject to the terms and conditions of the policy,, certain polliciles may require an endorsement. A statement on this certiificate does not confer riights to the certificate holder in lieu of such endorsement(s). PRODUCER �A JA,CT (Karla. Hardin Anderson Insurance Associates, Inc. 3491 Shelby Ray Court! Charleston, SC 29414 PPH0NN Ext1. 84 725-49 1 1 1 gAX,N lw khartlin@aiasc.colm INSUIRER S AFFORDING COVERAGE INAIC IINSURERA::Sco t'sdale Insurance Co. 41297 IINSUIRE,D IINSURER B :Auto -Owners Insurance 118988 INSURER C : Nlatlonal Casualty Company 11119911 Athena' Technologies, Inc. INSURER D: Water Quality Insurance Syndicate PO Box 68 Mc Clellanvillle, SC 29458 INSURE E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IIS TO CERTIFY THAT THE POLICIES OF INSURANCE (LISTED BELOW HAVE BEEN ISSUED TO THE IINSIURIED 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. INSIR LTR TYPE OF INSURANCE ADIDL INSD SUIBR WVD POLICY NR7NI.......BER POLICY EIFIF MMIMDFYYYY POLICY IEXP MMA)ID(YYYY LIMITS A X COMMERCIAL GENIE RAL LIABIILIITY CLAIMS -MADE OCCUR X X. VRS0007445 61112024 611'12025 EACH OCCURRENCE $ 5,000,000 DAMAGES ( RENTED PREMISEEaac-cwrrr�rc�e 100,000 $ IMED EX (Anyoneperson) 5,000 PERSONAL ✓4 ADV INJURY 5,000,000 GEN"IL AGGREGATE LIMIT APPLIES PER.:: POUIICY ® z ILOC OTHER : GENERAL AGGREGATE 5,000,000 PRODUCTS - COMP/OPAGG $ 5,000,000 Pollution $ 5,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS AUTOS ONLY X IA fC1NIllI Y X X 5234344500 61112024 611112025 Ea ccil (Ea ac i ED SINGLE LIMITdent'� $ 11,000,000 BODILY INJURY Perperson) $ BODILY INJURY Peracciident $ X PerraIidemtDAMAGE $ $ A UMBRELLA LAB EXCESS LIAB X OCCUR, CLAIMS -MADE X X VES0004671 6/112024 611112025 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 DED I I RETENTION $ $ C WORKERSCOM'PE.NSAT[ON ANID EMPLOYERS'LIABILITY YIN AAOFY�„PR�PORJPMRIIETgOERR�I�PARTNIERJEXECLDTIWE f&.F.1 atcxY Mff EXCLUDED? II yes„ describe ulnder DESCRIPTION OF OPERATIONS (below NfA11,000,000 X Q332�61}A 61112 24 61112tI25 X I PER OTH- STATUTE ER E.L.EACH ACCIDENT $ 1,M1QI�,tltltl E.L. DIISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 11,000,000 $ D A Watercraft Pollution l (Prof Liability X X X X 58-82897 VRS0007445 61112024 61112024 611112025 611112025 Per Vessel Schedule E'a Claim & Aggregate 11,000,000 11,000,000 actwcvd it mnnrp spruce Its required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES IBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE VATIHI THE IP'OILICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 f2016f03j Cc? 11988-20115 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered Imarks of ACORD Page 79 of 185 PRODUCER: Gallagher Charter (Lakes THIS CERTIFIICATE DOES NOT AMEND„ EXTEND OR ALTER THE COVERAGE 640 Peninsular Drive SE,, Ste 10,10 AFFORDED BY THE POLIICIIES BELOW.. Grand Rapids„ W 49546-6107 INSURED: Athena Technologies, lInc COMPANY IIPAN A AFFORDING COVERAGE: John (Freeze Great American Insurance Cormpany Lawrence McClellan III PO IIox 68 COMPANY IS AFFORDING COVERAGE: lw1'c Clellanville 'SC 29458 COVERAGIE'$: THIIS IS TO CERTIFY THAT THIE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN. ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANIDINIU~a ANIY REQUIREMENT, TERM OR CONDITION OF ANY CONITRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED ORMA'Y PERTAIN. BY ISSUANCE OF THIIS ENDORSEMENT, THECOMPANY DOES NOT WAIVE ITS RIGHT OF SUBROGATION. THE COVERAGE AFFORDED BY THIS ENDORSEMENT SHALL ARISE OUT OF LIABILITY THAT RESTS SOLELYWITH THE INISURED. THIE INSURANCE AFFORDED BY THE POLICI ES DESCRIBED HIER EINI IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. Type of Insurance Policy Nulm% er Policy Effective Policy Expiration Limits PASSENGER VESSEL LIABILITY GCVO6 57 V1712025 111712026 l!'0 010„00 0 LABIILIITY DEDUCTIBLE GCV0000037 1/1712025 1/17/2026 2,500 EXCESS LIABILITY GX'StlOOt0 24 V1712025 111712026 l!'0 010„00 0 MEDICAL PAYMENTS GCV0000037 1/1712025 1/17/2026 1OpO, , DESCRIPTION: 1998 30' Sea Ark. SAMA0934G896 Artemis 2001 24' Custom trade SCZF25(06D1(01 Gard Vibrations 1984 14' Lauldaul 11-8(0(09749M84E 2020 32' American Pontoon, Company LLC MAX32(0(0OA620 Recovery 2007 25' Duisky DUS55819D607 CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANICELLLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUINIG COMPANYWILLENIDEAVOR TO MAIL'10, DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELLOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INSURED:Form CL-7 Authorized Agent: Gate: (December 17, 2024 100 West Cypress Creek Road, Suite 1047 Fort Lauderdale, FL 33309 moffatt & nichol (954)622-8100 www viol[")Unlcrinlcoin May 22, 2025 Mr. Duncan Greer Senior Engineer Taylor Engineering, Inc. 4300 Legendary Drive, Suite C246 Destin, FL 32541 via email: cl<,) C 6ta'pit 97�>1t1 LY;t21.r.G41CY1 P240329 StAIILjectFlallrtioa it IIF'oliiiinte IIReglollri4IIBoat Ili .auirlreip Ain d Associated Qii iiillll Ill lurffurasturulmttAire t„ liii liillll mind Il airline IIEingllineoirliiurng IIReviews Dear Mr. Greer: Pursuant to our discussions, St. Lucie County (County) has engaged Taylor Engineering (Taylor) to complete engineering of a regional boat ramp facility and associated civil infrastructure. The project includes boat ramps, supporting bulkheads, dredging, floating and fixed docks, restroom facilities, parking and pavement area(s), stormwater facilities, utilities, and other associated infrastructure to support the development of Harbour Pointe Park. As requested, Moffatt & Nichole (M&N) is submitting this proposal for QAQC reviews of engineering drawings and technical specifications prepared by Taylor for key deliverables packages as described in the following tasks. Task 1 — Preliminary Engineering Design and Permit Drawings (60%) M&N will initially coordinate a quality assurance plan with Taylor. The quality assurance plan is intended to outline the procedure of checks and reviews for deliverables on the project. M&N will provide QC reviews of Taylor's documents with the common objective of meeting engineering standards and expectations for the subject project. Once ready, Taylor will provide M&N with a final Draft version of the subject deliverables Drawings and Technical Specifications. M&N will review and provide comments pertaining to the engineering disciplines listed below. The comments will be provided either as redlines of PDFs files or within word files with changes tracked. Taylor may recirculate responses to comments and / or corrections for M&N to complete back checking as necessary to conform with the above referenced quality plan. M&N may attend one conference call to discuss and/or clarify comments. Deliverable(s): • Technical Specifications (Civil Engineering Sections): Working Word document containing Markups and Comments and / or annotated PDF version. Page 81 of 185 Hauirllbouir III"' oliiiiirite IIReg� ibiridI IIBoat IIRair i May 2025 • Civil Engineering Drawings: Markups and Comments on annotated PDF drawings set. • Technical Specifications (Marine Engineering Sections): Working Word document containing Markups and Comments and / or annotated PDF version. • Marine Engineering Drawings: Markups and Comments on annotated PDF drawings set. Fees for Part 1 services are lump sum as follows: Civil Engineering Documents QC..................................................................... $2,900.00 Marine Engineering Documents QC................................................................. $7,900.00 Task 2 — Construction Drawings and Technical Specifications (90%) Upon receiving the draft deliverables prepared by Taylor, M&N will review and provide comments pertaining to the engineering disciplines listed below. The comments will be provided either as redlines of PDFs files or within word files with changes tracked. Taylor may recirculate responses to comments and / or corrections for M&N to complete back checking as necessary to conform with the project quality plan. M&N may attend one conference call to discuss and/or clarify comments. Deliverable(s): • Technical Specifications (Civil Engineering Sections): Working Word document containing Markups and Comments and / or annotated PDF version. • Civil Engineering Drawings: Markups and Comments on annotated PDF drawings set. • Technical Specifications (Marine Engineering Sections): Working Word document containing Markups and Comments and / or annotated PDF version. • Marine Engineering Drawings: Markups and Comments on annotated PDF drawings set. Fees for Part 1 services are lump sum as follows: Civil Engineering Documents QC..................................................................... $8,500.00 Marine Engineering Documents QC................................................................. $12,500.00 ASSUMPTIONS • The focus of the proposed reviews of specifications and drawings will be on general consistency, coordination, and completeness with respect to the expected progress. The QC review is not intended to include an exhaustive detailed verification of the design, accuracy of computations and such in depth checks. Page 2 Page 82 of 185 H air"Ib uiir Pldhirite IlReg� iii lorry llll IlBoat IlRairnll May 2025 • Supporting reports, studies, surveys, calculations and analysis may be requested for reference to aid the review of marine and civil engineering but are not the subject of the proposed scope. • Base services include one round of comments and backcheck for each project deliverable as indicated. • Taylor will provide documents with sufficient notice and review time to meet the project schedule. Turnaround time for QC reviews will be coordinated at the beginning of the project based on the work anticipated. We look forward to working with you through the successful collaboration on your Project. Should you have any questions regarding this proposal, please do not hesitate to contact Ludovic Binner, Project Manager at +1 (786) 725-4197 or Il1b1nirne,ir moffattniicholl„coirn or me at +1 (954) 622-8100 (direct office) or Ilirgirnoffattniich�oll„com. Sincerely, Moffatt & Nichol, Inc. Larry DeRose Vice President Page 3 Page 83 of 185 E L. U U O m Q E m re a-1 m O m C6 .O W w re s U Ca (1) m 06 a--+ M s O CIA CD CIA lkf;" bo W" L L o � � O CIO o U O U U U o Q� ¢, � N � O � • b1J N ct r ct ct � • �--� � by • � O N� �'•� � U � p 0 • b!J N N c� '� cn � � ct y� U CIO o •¢ � � ~ b!J OM Q Q Q H� v~ • �O , ow O U O u N t Q O t ct ctct O N cn ct p 'ctct ct Q •ct > O o cn o .� cct a� �+ ct ° ra Ct ct Cd . a� o � Ct -4 En ct ct ct rL ff . . ... ... ..... . e NO '44 0 cr Ef Rill ar kt IRJ uj Rd M g N jg//M� S WNI lloo (V 4, CI I rL a, ;o a F LL cx % NN am, ME, 11?1`m"/ m/ LL j LU iiiiiiiiiiiiii pill LU All -4: lnro 47" 77! < 'N, 'IN "I"i ............. LU . .. . ... ... Lu .22 2111, LU LU N: 0 N, N N I Lu A, 8 �iizinK J! W LL r LU Rd 0 P kt R. IRJ uj Rd 2 '44 F LU 0 LU > gg// IL V) Lu / �;, 15 ".1 Mll DC Riogro IE E 9 R-01, L.j > LU A', z FZ I rL Lu > Lu 1 IN .24 ....... ... .. 0 0 LU a- 0 LU Ln 0 Lu IN 0 d, 0'' LL jo Z LU X .......... LU Lu MO 'JIF . ......... LU LLJ 0 r LU We'll NO` LU 'o R. z kt uj IRA a, Rd rL 0 < r kt LL NO, 11 LU �j LU LU Lu )l ......... LL JY ffig /M "IN V F � I P /W /1V m cr LL AWAR" Lu J "ar co 0, uj ILL '44 O w. PON, Vry kp � T lA� O ct L � O � v' O O u � � O N �4 OooC42 O U 4 O ct N M � U j M � M � v O � N 4-j a� a a i� , cn rn U •� CX N U N o U C3 w N o o � a� a� a N ct 4-j 0 L L ct ct ctct N �, O r-3 4-4_O ct N � U ct >, uc I I I ct , x 4—a ct `n ct 40 �—+ ct ct ':)NI JNV?S'3NtlJN3' Y10'Yhbl Ai l�JJr i ✓ j lifl a ✓� �� l ` d I�I�IGG.IC � /,,,., r s,�/'"ri�'f(I�I'"� N r 1U �s mlysa ° r`ds rUFx / /k�e'PDe 'M�,� [ ✓ s s r r✓ f '" ✓ r r� �✓ Or ii//i 1 �ii/ri/ ✓ �' ,✓r` 4 r' r r r �r 11 r / nr ✓ a%/� /%100U1J�i i rri r / r 5 /I a N, Y Docusign Envelope 10: 025BI814-41E2-4E80-A4FC-EI766CA17EOC 0,Z4-()(P--eq61 CONTRACT BETWEEN ST. LUCIE COUNTY AND CONSULTANT PROFESSIONAL ENGINEERING SERVICES HARBOUR POINTE REGIONAL BOAT RAMP AND ASSOCIATED CIVIL INFRASTRUCTURE THIS CONTRACT is made as of the 4" day of June 2024, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TAYLOR ENGINEERING, INC. hereinafter referred to as "Consultant". WHEREAS, pursuant to Section 287,055, Florida Statutes, the County issued a Request for Qualifications for an engineering consultant to provide Professional Engineering Services for Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure (RFQ No. 24-032); and, WHEREAS, at the regularly scheduled meeting on June 4, 2024, the Board of County Commissioners approved the short list of firms, provided permission to negotiate a contract, and authorized the execution of an agreement for professional services between County and Consultant hereinafter referred to as "Contract"; and, WHEREAS, the Consultant is willing and able to render professional services for the project and for the compensation and on the terms hereinafter set forth; and, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, agreements, terms, and condition contained herein, do agree as follows: 1. RECITALS The Recitals set forth above are fully incorporated into the Contract by reference. i� 4.,VTI The Consultant's responsibility under this Contract is to provide professional engineering for the Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure Project (Phase 1) as set forth in the Scope of Services, attached hereto as Exhibit "A". 3. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Consultant are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages 01 through 14 Inclusive, B. Consultants Scope of Services, Compensation and Schedule, Exhibit "A" consisting of 11 pages C. Consultant required Forms, consisting of 13 pages as follows: Attachment E — Affidavit of Non -Collusion 0 Page 101 of 185 Docuslgn Envelope ID: 025131814-41E2-4E80-A4FC-E1766CA17EOC Attachment F — Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion Attachment G — Certification Regarding Lobbying Attachment H — Signature Page Attachment I — Acceptance of Federal Terms D. RFQ Documents, consisting of pages 01 to 39, inclusive F. Insurance Certificates which shall be provided by the Consultant, along with the return of an executed copy of this Contract. G. Any Modifications, including amendment, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 4. COMPENSATION The Consultant shall be compensated for all services satisfactorily completed in accordance with the compensation set forth herein for an amount not to exceed $60,873.00 (sixty thousand eight hundred seventy-three and 00/100 dollars). All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. No reimbursable expenses will be paid pursuant to this Contract. Any sub -consultant fees associated with this Contract will be paid as a direct pass through without any additional mark-up or administrative fee. Payment to the Consultant shall be made within 20 business days of the County"s receipt and approval of the application. 5. TERM/TIME OF PERFORMANCE The Consultant agrees to be available to being work after receipt of a fully executed copy of this Agreement. Consultant shall commence work per the written Notice to Proceed and shall complete all work within 180 (one hundred eighty) calendar days thereafter. It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the Work Is not completed within the time specified the County will suffer damages, the amount of which is difficult If not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Consultant, the County may retain the sum of $100.00 (one hundred and 00/100 dollars) per calendar day for each day thereafter, Sundays and holidays included, that the Work remains uncompleted. This sum shall represent liquidated damages which the County will have sustained per calendar day from the Inconvenience and expense caused to the County by the delay In the completion of the Work. This sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Consultant. The County reserves the right to additionally recover direct job site expenses incurred during the period of any delay. The Consultant shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Consultant abandons the Work. J-11110MM. P[0TltiiMIM A. The Project Manager for the County is James Beams at (772) 462-6735. The Project Manager for the Consultant Is Jonathan Armbruster at (904) 256-1362. N Page 102 of 185 DoousignEnvelope ID: O25B1814-41E%4EoV*A4FCE1768CA17E0C EL his understood and agreed that the Consultant's services under this Contract do not include participation, whatsoever, imany litigation. Should such services berequired, e supplemental Contract may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation tothe Consultant. C. Upon the Consultant's written request, the County will furnish orcause to be furnished such reports, studies, instruments, documents, and other information as the Consultant and County mutually deem necessary; and the Consultant may nek/ upon same in performing the services required under this Contract. D. Upon completion ofthe project, but before Final Payment ismade, the Consultant shall participate in completing a Consultant Evaluation Form. No request for final payment shall be considered proper and complete until this evaluation process is completed bythe Consultant and the County. 7. TRUTHAN-NEGOTIATION CERTIFICATE Execution of this Contract by Consultant shall act as the execution of as truth -|n-neQotation certificate stating that wage rates and other factual unit costs supporting the compensation of this Contract are accurate, complete and current at the time of execution of the Contract. The original Contract rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Contract rate(s)was increased due to inaccurate, incomplete, ornon-current wage rates and other factual unit costs. All such rate adjustments shall bemade within one year following the end of this Contract. 8. A. FOR CAUSE Ifeither party fails tofulfill its obligations under this Contract inatimely and proper manner, the other party shall have the right tVterminate this Contract bvgiving written notice ofany deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar daytime period. With regard to the Consultant, the following items shall be considered a default under this (1) If the Consultant should be adjudged bankrupt or if he or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account ofhis, mrits, insolvency. (2) If the Consultant should persistently orrepeatedly refuse mfail, except incases for which an extension of time is provided, to provide the services contemplated by this Contract. 91 Page 103 of 185 DocumignEnvelope ID: o25B1o14-41 766CA17EVC (3) If the Consultant disregards laws, ordinances, orthe instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Contract. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty L3O\calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. |nnoevent shall Consultant be entitled to any other compensation on a termination without cause, including any lost profits orloss ofopportunity, C. SCRUTINIZED COMPANIES TERMINATION The County may immediately terminate the Contract without cause at any time upon ascertaining that pursuant to § 287.135i Florida Statutes a company is ineligible to, and may not bid on, submit proposal for, orenter into or renew a contract with on agency orlocal government entity for goods or services ifatthe time mfbidding orsubmitting a proposal for a new contract or renewal of an existing contract, or at any time thereafter, the company: (1) is on the Scrutinized Companies that Boycott Israel List, created pursuant to § 215.4725, Florida Statutes, or is engaged in a boycott of Israel; (2) is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to §215.47],Florida Statutes; or(3)isengaged |nbusiness operations in Cuba or Syria. Furthermore, the County may immediately terminate the Contract If it is determined that the company submitted a false certification stating that it was not (1) on the Scrutinized Companies that Boycott Israel List orengaged in a boycott of Israel; (2) was not qnthe Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (3) or was not engaged in business operations in Cuba or Syria when in fact the company was engaged in such activities at the time of the bid or proposal, or at the time of entering Into o,renewing the Contract. 9. SUB -CONSULTANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any sub -consultant, subcontractor or professional associate in connection with the services to be provided under this Contract, Consultant shall secure the written approval of County Project Manager before engaging such sub -consultant, subcontractor orprofessional associate. If a sub -consultant taUa to perform or make progress, as required by this Contract, and it is necessary to replace the sub -consultant to complete the work In a timely fashion, the Consultant mhmU promptly do so, subject to acceptance of the new sub -consultant by the County. The substitution of subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope ofWork. The Consultant, its sub -consultants, agents, servants, or employees agree to be bound by the Terms and Conditions ofthis Contract and its Contract with the sub -consultant for work tobeperformed for the County the Consultant must incorporate the terms of this contract. 1H Page 104 of 185 Docusign Envelope ID: 025Bl8l4-4lE2-4E80-A4FC-El766CA17EOC 10. FEDERAL AND STATE TAX The County is exempt from payment of Florida State Sales and Use Taxes. The County will sign an exemption certificate if submitted by the Consultant. The Consultant shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the County, nor is the Consultant authorized to use the County's Tax Exemption Number in securing such materials. The Consultant shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Contract. 11 INSURANCE The Consultant shall procure and maintain during the life ofthis Agreement insurance ofthe types and subject tmthe limits set forth below. The Consultant shall also provide the County with evidence mf this Insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. |fsub- contractors areused6vtheConsu|tant,itaho||betheresponn|b|UtyoftheConmu|tanttoenaurethmta|| its sub -contractors comply with all the insurance requirements contained herein relating tosuch sub- contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. COMMERCIAL GENERAL LIABILITY The Consultant shall provide and maintain during the life ofthis Agreement, ethis, its ortheir own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence, $2,000000.00 general aggregate for claims of bodily injury including death, property damage and personal injury, and including Completed Operations Coverage in the minimum l|rn|t of$2,OQCLOOO per occurrence and aggregate. Contractual Liability coverage shall be included. COMMERCIAL AUTO LIABILITY The Consultant shall provide and maintain during the life ofthis Agreement, athis, its ortheir own expense Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $1,000,000.00 combined single limit. C. WORKERS' COMPENSATION The Consultant shall provide and maintain during the life ofthis Agreement, athis, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits, Coverage B, Employers Liability, shall be written for m minimum liability at $500,000.00 per 5 Page 105 of 185 Docusign Envelope ID: 025131814-41 E2-4E80-A4FC-E1766CAl 7EOC D. PROFESSIONAL LIABILITY The Consultant shall provide and maintain during the life of this Contract, at his, its or their own expense, Professional Liability insurance on a claims made basis for a minimum of $1,000,000.00 coverage. E. OTHER INSURANCE PROVISIONS The General Liability policy shall contain or be endorsed to contain, the following provisions: 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Consultant's performance of this Contract, or out of automobiles owned, leased, hired, or borrowed by the Consultant. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Consultant's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Consultant's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the County, Its Officers, officials, Employees, Agents, or Volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. S. The policy must be endorsed to provide the County a minimum of thirty (30) days written notice prior to cancellation. The Consultant covenants and agrees at all times to indemnify and hold harmless the County, and 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 intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the Agreement, The Consultant hereby acknowledges that the payments made under this Agreement Include specific consideration for the indemnification herein provided. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.08 (Chapter 725). In accordance with section 558.0035 of the Florida Statutes and to the fullest extent permitted by law, and to the extent that Consultant maintains the professional liability insurance required by this Agreement, the County acknowledges and agrees that no individual employee or agent employed on behalf of or by the Consultant to Page 106 of 185 DocusignEnvelope ID: O25B814-41B4E80-A4FC-E1766CA7EV provide professional services under this Agreement shall be held individually liable for damages resulting from negligence occurrin,.fl within the scope and course of this Agreement, to the extent that such damages are solely economic in nature and do not extend to personal injuries or property that is not the subject of this Agreement. Ei ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Contract and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Contract; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer oragent ofany public body which may 6aaparty hereto. The Consultant agrees that the persons named in the scope mfwork shall provide services as described therein. The services of the person(s) mm named are a substantial inducement and material consideration for this Contract. In the event such persons can no longer provide the services required by this Contract, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Contract without any liability to the Consultant for unfinished work product. TheCmmnty may elect to compensate the Consultant for unfinished work product, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 14. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Contract. Specifically, the Consultant shall: (a) Keep and maintain public records required by the County to perform the service. (b) Upon request from the Counb/scustodian ufpublic 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 Section 119 Florida Statutes oram otherwise provided bylaw. () Ensure that public records that are exempt orconfidential and exempt from public records disclosure requirements are not disclosed except asauthorized bvlaw for the duration ofthe Contract term and following completion ofthe Contract If the Consultant does not transfer the records to the County. (d) 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 required by the County to perform the service, If the Consultant transfers all public records to the County upon Page 107 of 185 Docusign Envelope ID: 025BI 814-41 E2-4E80-A4FC-El 766CAl 7EOC completion of the Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public record 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 record stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology system of the County. 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 AT (772)462-1441, BellamvS@stiucieco.org, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 15. CONFLICT OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the County In writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, In the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Contract. 16. EXCUSABLE DELAYS (FORCE MAJEURE) Neither party shall be liable to the other for failure to perform Its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability to obtain transportation or necessary materials in the open market. Provided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County W Page 108 of 185 Docusign Envelope ID: 025B1814-41E2-4E80-A4FC-E1766CA17EOC shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Contract upon ten (10) days prior written notice to the other party. 17. PLEDGE OF CREDIT ARREARS The Consultant shall not pledge the County's credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Consultant's services under this Contract are and remain the property of the County as instruments of service. The Consultant shall furnish copies to the County upon completion of such documents. The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for it by the Consultant. Consultant shall likewise submit copies of all field notes, calculation sheets and computer discs to the County. INDEPENDENT CONSULTANT RELATIONSHIP The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent Consultant and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent Consultant, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Consultant will provide the professional and technical services required for the successful completion of this Contract in accordance with practices generally acceptable within the industry and good ethical standards. 20. E-VERIFY VERIFICATION OF EMPLOYMENT STATUS Effective as of January 1, 2021, as required by Section 448.095(2)(a), the Consultant and sub - consultant shall register with and use the E-Verify System to verify the work authorization status of all newly hired employees. The County, Consultant, or sub -consultant may not enter into a Contract unless each party to the Contract registers with and uses the E-Verify System. The Consultant shall provide documentation of their compliance of this requirement to the County upon request. If the Consultant enters into a contract with a sub -consultant, the sub -consultant must provide the Consultant with an affidavit stating that the sub -consultant does not employ, contract with, or subcontract with an unauthorized alien. The Consultant shall maintain a copy of such affidavit for the duration of this Contract. The County will not intentionally award contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Page 109 of 185 D000uignEnvelope ID: n25B1e1+41E2-4E80~A4FC-E17OOCA1TEoC Nationality Act ("INA"),The County shall consider the employment by the Consultant of unauthorized aliens a violation of Q U.S.C. Section 1324a(e) [Section 274A(e) of the |04l. The Consultant agrees that such violation by the Consultant shall be grounds for the unilateral cancellation of this Contract by the County. 31. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that hhas not employedorretained any company orperson, other than a bonaficle employee working solely for the Consultant, to solicit or secure this Contract, and that he has not paid oragreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon orresulting from the award ofmaking this Contract. 22. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents papers, and records of the Consultant |nvmk4n8 transactions related 10this Contract. The Consultant agrees that payment(s)made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not toconstitute allowable costs under this Contract. The Consultant shall refund bvcheck payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 23. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee mrapplicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. It is understood and agreed that the Consultant's services under this Contract do not include any participation, whatsoever, inany litigation. Should such services berequired, asupplemental Contract may benegotiated between the County and the Consultant describing the services desired and providing abasis for compensation b»the Consultant. 25. AUTHORITY TO PRACTICE The County represents that it is apolitical subdivision of the State of Florida with the authority to engage the professional service described herein and to accept the obligation for payment for the 10 Page 110 of 185 DocuoignEnvelope ID: O25BIo14-41E2-4Eoo-A4FC-E1700CA17EVC The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Contract and to the partners, successors, legal representatives, and assigns of such other party, |nrespect toall covenants ofthis Contract; and, neither the County nor the Consultant will assign or transfer their interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the party of any officeror agent of any public body which may be a party hereto. The Consultant hereby represents and warrants that it has and will continue to maintain all licenses and approvals required toconduct its business, and that itwill atall times conduct its business activities |nareputable manner. Proof ofsuch licenses and approvals shall besubmitted tothe Cmunb/m representative onanannual basis. 26. SEVERABIL[TY Jfany term orprovision ofthis Contract, orthe application thereof toany person orcircumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this Contract shall be deemed valid and enforceable tothe extent permitted by law. 27. COMPLETE AGREEMENT This Contract states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The Consultant recognizes that any representations, statements or negotiations made by the County staff do not suffice to legally bind the County in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized County representative. This Contract shall bind the parties, their assigns, and successors |ninterest. This Contract may be amended only with the written approval and agreement pfthe parties. The County reserves the right tomake changes knScope ofWork, including alterations, reductions therein or additions thereto. Upon receipt by the Consultant of the County's notification of a contemplated change, the Consultant shall, Ymwriting: 1. Provide a detailed estimate for the increase or decrease in cost due to the contemplated Notify the County of any estimated change in the completion date, and I Advise the County if the contemplated change shall effect the Consultant's ability to meet the completion dates or schedules of this Contract. 11 Page 111 of 185 Docusign Envelope ID: 02581814-41E2-4E80-A4FC-E1766CA17EOC If the County so instructs in writing, the Consultant shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the County's decision to proceed with the change. If the County elects to make the change, the County shall initiate a Contract Amendment and the Consultant shall not commence work on any such change until such written Amendment is signed by the authorized representative for the County. 30. NOTICE All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 As to the Consultant: Taylor Engineering, Inc. 10199 Southside Blvd., Suite 310 Jacksonville, Florida 32256 Phone: (904) 731-7040 Email: 'armbruster to loren ineerin .com With a Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 31. CAPTIONS AND PARAGRAPH HEADINGS Captions and paragraph headings contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Contract, nor the intent of any provisions hereof. 32. WAIVER No waiver by the County of any provision of this Contract shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by of the same, or any other provision or the enforcement thereof. County's consent to of or approval of any act by Consultant requiring consent or approval shall not be deemed to render unnecessary the obtaining of County's consent to or approval of any subsequent act by Consultant requiring consent or approval, whether or not similar to the act so consented or approved. 12 Page 112 of 185 DonumignEnvelope ID: V26B181441E2AEVV-A4FC-E17moCA17EnC 33. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors orassigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Contract. The County undertakes noduty toensure such compliance, but will attempt toadvise Consultant, upon request, osto any such laws of which it has present knowledge. 34. INTERPRETATION; VENUE This Contract constitutes the entire agreement between the parties with respect bmthe subject matter hereof and supersedes all prior verbal orwritten agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered bxboth parties hereto. This Contract shall beinterpreted asawhole unit and section headings are for convenience only. All interpretations shall be governed bvthe laws ofthe State ofFlorida. In the event it is necessary for either party tP initiate legal action regarding this Contract venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims understate |em/ and the Southern District ofFlorida for any claims which are justiciable inFederal Court. Any disputes relating tointerpretation ofthe terms ofthis Contact oraquestion offact orarising under this Contract shall beresolved through good faith efforts upon the part ofthe Consultant and the County or its Project Manager. Atall times, the Consultant shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall bedecided bythe County Administrator who shall reduce the decision towriting. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, oogrossly erroneous amto necessarily imply bad faith, or not besupported bysubstantial evidence. 36. MEDIATIONi Prior toinitiating any litigationconcerning this Contract, the parties agree bosubmit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce its rights inaFlorida court ofappropriate venue and jurisdiction. 37. ANTITRUST ASSIGNMENT The Consultant and the County and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida and local governments, Therefore, the Consultant assigns tothe State mfFlorida and the County any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract, 13 Page 113 of 185 DvruvignEnvelope ID: o258i81441E2-4E8D,A4FC-E17mVCA17EOC IN WITNESS WHEREOF, the parties hereto have accepted, mode and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS SrLuoE COumry FLORIDA UM lAYLORENGINEERING, INC. 0Y:PRINT NAME: ___ Jonathan Armbruster PRINT TITLE: Senior vice President 14 1O/11/2O24 Page 114 of 185 Docusign Envelope ID: 025BI814-4lE2-4E80-A4FC-EI766CA17EOC Contract No. Professional Engineering Services Harbour Pointe Regional Boat Ramp And Associated Civil Infrastructure Taylor Engineering Work Authorization Stage I - Conceptual Site Planning St Lucie County has engaged Taylor Engineering to complete engineering and architectural design and permitting ofg regional boat ramp facility and associated ckd| infrastructure, including but not limited to boat ramps, supporting bulkheads, dredging, floating and/or fixed docks, restnmom facilities, parking and pavement area(a), mtornnmaterfadUt|es, utilities, and other associated infrastructure to support the development of Harbour Pointe Park. In total, work under this contract will include site survey and data collection, conceptual design development, permitting, final engineering design, and construction services. However, toevolve the project |n aoefficient and stepwise manner, both the County and Taylor anticipate the work to occur in stages. The initial stage mfwork (Stage 1), as included herein, focuses on evaluating conceptual site plan alternatives to arrive at a preferred site plan. Based on the results of this initial stage of work, a future stage (Stage 2) ofwork will carry the project through preliminary engineering, permitting, final design, and bidding. Taylor is aware that the County has completed an initial conceptual phasing plan for the Harbour Pointe property but recognizes that this plan has not been approved by the Board of County Commissioners. It should also be noted that this concept (Attachment 1, modified for clarity) is provided for reference purposes only and assumes the acquisition of two additional blocks of land (131 and 132) that are currently being negotiated with the adjacent landowner. Therefore, the features depicted in this plan will provide the design team with only general information regarding potential design layout configuration(s). Taylor is also aware that the County commissioned a "10% Basis of Design Document, Port of Fort Pierce Seawall Design at Harbour Pointe" (Atkins, 2023) which will also provide input for the proposed effort. Taylor will apply these reference documents in conjunction with discussion and input with County staff to develop more detailed conceptual site plans for the proposed boat ramp facility. These plans will also include features referenced as Phase 3 in the conceptual phasing plan due to its relevance in the facility's overall functionality and share ofcommon Infrastructure elements. The County has expressed that this feature |m an integral port of the proposed boat ramp facility, as it will provide for additional trailer parking opportunities and formalize a marine access corridor for the County to effectively manage future marine construction activities (both local and commerc|a|). Considering the above, the proposed Harbour Pointe Regional Boat Ramp facility will beinitially planned within the two County -owned parcels (2403-123-000[-000-1 and 2403-123-0001-000-8) as depicted in Attachment 2. The inclusion of Parcels 131 and B2 (partial segments of24O3'213-0001-OOO-4 and 2403' 213'DOO1,01O-7)mayaddadd1t|mno|roomtodeve|optheproposedbnatramnpfad|ity,butthe|rindum|on Page 115 of 185 is subject to ongoing negotiations. Therefore, the conceptual design formulation effort will focus on the County's primary landholdings until e Uno| determination is made on the ongoing transaction for said additional lands. Taylor will maintain nimble site plan development to ensure (to the best of its ability) that features proposed |nthese conceptual phase plans are relatively translatable and can behorizontally shifted/superimposed into these areas ifacquisition iscompleted and |timdetermined tmbmappropriate during Stage 2project development. It should be noted that under previous contract with the County (Contract No. C23-]8-776),Tay|or conducted initial site investigation and data collection including ahistorical shoreline evaluation, shoreline topographic and hydnmQnmph|oaun/ey natural resources survey, andgeotechoica| investigation; all of which will assist in the proposed design formulation. Taylor will apply this collected information to help evaluate and evolve a preferred site plan configuration. Task 1.Conceptual Site Plan Development and Evaluation Work will commence with an in-personkickoff/coordination meeting with County Staff todiscuss project goals and status. Taylor's participation in this meeting will include its project manager, a civil stormwater engineer, landscape architect (subcontractor teammate Luddo and Associates), and a coastal marine engineer. Working with the County, TAYLORwill develop uptothree conceptual site plan options that include both Phases 2 and Phase 3 elements depicted in Attachment 1, the combination of which will represent the proposed Harbour Pointe Boat Ramp facility, These site plans will serve to evaluate/illustrate potential facility design features and outline the breadth of the proposed facility. The combination of these elements will help the County strengthen recreational boating access and improve infrastructure for future commercial and marine staging efforts along Taylor Creek. Site Man Options will consider the current County -owned property and assess and incorporate the following features, recognizing that the potential for these features tn be shifted westward during Stage 2Vfdevelopment. Conceptual site plans will include the following elements: • Boat ramp orramps ~ Boat ramp vehicle/trailer parking • Restmomfad|ities • Bulkheads • Dredging w Docks (fixed and/or floating) • Commercial marine/waterfront access apron ° Project specific stormwater infrastructure and existing stormwater pond expansion and/or eventual connection to the County's regional stormwater facility (by others) • Eventual connection tVAvenue K8(designed byother) • Connectivity to future phases of Harbour Pointe development (without addressing details qrfeatures for future phases) Taylor understands that the successful real estate acquisition of Parcel 131 and B2 is amajor factor imthe Page 116 of 185 ooconignEnvelope 0:025B18l441 768CA17E0C development of the Harbour Pointe Park. Ultimately, the design team is cognizant of this variable and other park features envisioned |nthe 202OPort mfFort Pierce Master Plan. The team will take reasonable measure to ensure the compatibility of the proposed facility with adjacent lands/features. Site plan development will cons|derstoxmwater requirements, parking requirements, general building (mestroonm) footprint dimensions, vehicular and pedestrian access and circulation, boot ramp dimensions/locations, bulkheads and shoreline treatments, tending and staging dock requirements, dredging requirements, environmental permit feasibility, utilities, and potential adjacent uses. Because site planning design efforts are iterative, this Work Authorization includes budget todevelop and evaluate each of the three plans outlined above through the following steps. 1. Following the kickoff and coordination meeting, the Taylor team will assimilate the available information and County input toprepare initial drafts ofthe three site plans above. 2. The Taylor team will meet in person with the County to review each site plan and receive input and suggestions for revisions and improvements. Taylor will make feasible revisions 10the site plans tofinalize and submit the three options. 3. Fo|}VvxinQ County's selection of the preferred concept between the three options and receipt of any comments (via virtual meeting) on that plan, Taylor will revise this preferred plan to incorporate any final design refinements of the preferred site plan. These refinements may include minor modifications to the waterfront features, parking layout, or to improve connectivity tofuture phases, With these refinements complete, TAYLORwill submit afinal conceptual site plan which will serve as the foundation for additional engineering design and permitting under future stages of work. Through this Work Authorization, Taylor will : Three conceptual site plan options inPDF and AutuCAUformat One final preferred site plan including any feasible refinements based qnCounty comments, provided in PDF and AutoCAD format SCHEDULE The table below provides aschedule for the proposed work. Taylor will update and maintain the schedule FEE Taylor will complete the work described herein for a Fixed Fee of $60,873.00 as detailed in Exhibit A. Exhibit B provides the labor rates applied for this contract. Page 117 of 185 Docuslgn Envelope ID. 025Bl8l4-4lE2-4E80-A4FC-El766CA17EOC TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK For Harbour Pointe Regional Boat Ramp RFQ No. 24-032 Stage I - Conceptual Site Planning Page 118 of 185 Docusign Envelope ID: 0258I814-41E2-4E80-A4FC-EI766CA17EOC EXHIBIT A TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK HARBOUR POINTE REGIONAL BOAT RAMP AND ASSOCIATED CIVIL INFRASTRUCTURE ITASK 1: Conceptual Site Plan Development and Evaluation Burdened Labor Hourly Rate Hours Cost Task Totals Principal $252.00 21.0 5,292,06 Program Manager $225.00 37.0 8,325.00 Senior Professional $208.00 73.0 15,184.00 Sr. CAD/GIS $171.00 132.0 22,572.00 Total Labor Hours 263.0 Total Labor Cost 51,373.00 Subconsultants Cost Lucido & Associates (land planning) 9,500m Total Subconsultant Cost Page 1 Page 119 of 185 Docusign Envelope ID: 025E1814-41E2-4E80-AVC-E1766CA17EOC TAYLOR ENGINEERING, INC. SCHEDULE OF BURDENED HOURLY RATES AND FEES For Harbour Pointe Regional Boat Ramp RFQ No. 24-032 Page 120 of 185 Docusign Envelope ID: 025818l4-4lE2-4E80-A4FG-EI766CAi7EOC T A Y L 0 R E N G I N EXHIBIT B E E R I N G , I N C . Delivering Leading -Edge Solutions TAYLOR ENGINEERING, INC. SCHEDULE OF BURDENED HOURLY RATES AND FEES Harbour Pointe Regional Boat Ramp RFQ No. 24-032 Current Hourly Labor Category Rate ($) President $348 Principal 252 Senior Advisor/QC 278 Program Manager 225 Senior Professional 208 Project Professional 160 Staff Professional 118 Design Engineer 186 Sr. CAD/GIS 171 Project CAD/GIS 128 Staff CAD/GIS 91 Administrative/Docurnent Prep 75 Intern 54 Hourly Rates are inclusive of overhead, profit, and reimbursable expenses (excluding sub -consultants). Sub -consultants will be billed to the County at actual cost with no markup. 10199 SOLITHSIDE BLVD, STE 310 1 JACKSONVILLE FL 32256 1 TEL 904.731 .7040 WWW,TAYLOREN G I N E ERI NG. COM Page 121 of 185 Docusign Envelope ID: 02581814-41E2-4E80-A4FC-EI766CA17EOC IT, TIM w Conceptual Phasing Plan Page 122 of 185 z 0.! me LL a: of 185 Docusign Envelope ID: 025B1 814-41 E2-4E$O-A4FC-El 766CAl 7EOC Attachment 2 County Parcel Locations Page 124 of 185 Page 125 of 185 Docusign Envelope ID: 025BI814-41E2AE80-A4FC-EI766CA17EOC ATTACHMENT E — AFFIDAVIT OF NON -COLLUSION STATE OF FLORIDA COUNTY OF Duval Taylor Engineering, Inc. being first duly sworn, deposes and says: 1. The undersigned is the President of PROPOSER; (owner, Partner, Officer, Representative, Agent, etc.) 2. PROPOSER is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting its qualifications; 3. The proposal Is genuine and is not a collusive or sham proposal; 4. Neither the PROPOSER nor any of its officers, partners, owners, agents, representative, employees, or parties in interest, Including this affiant, have In anyway colluded, conspired, connived, or agreed, directly or Indirectly, with any other PROPOSER, firm, or person to submit a collusive or sham proposal In connection with the RFQ or contract for which the attached proposal has been submitted; orto refrain from proposing in connection with such RFQ or contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any proposer, firm, or person to fix the price or prices to be negotiated in connection with this proposal or any other proposal, onto fix any overhead, profit, or cost element of the price or prices of any other PROPOSER, onto secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the COUNTY, or any person interested in the proposed contract; 5. The price of Items quoted In the attached proposal or to be negotiated in connection with this proposal are or will be fair and proper and are not or will not be t-51 led by collusion, conspiracy, connivance, or unlawful agreement on the part of i�e�RO SER or any other I of Its agents, representatives, Ives, owners, employees, or poi L-2 Subscribed, sworn to, or affirmed before rH la�� rn�a")ns o[A physical presence or 0 online 0 notarization, this 26th day of February 2 es N. . Marino, P.E., BC.C1 who is either: XI personally known to me, or Cl as produced as identification. [Affix Notary Sea[ Below] Notary Public, State of Florida(—") CHERYLGEOLING CornminionNHH0,808115 Cheryl Gessling EVIros Match 27,2025 8WWTW0J*I"rJ8Wk*S Print Notary Name My Commission Expires, 3/27/2025 Page 126 of 185 Docusign Envelope iD: 02581814-41E2-4E80-A4FC-E1766CA17EOG _ .. ATTACHMENT F —CERTIFICATION REGARDING DEBARMENT SUSPENSION INE1,I13iiBILITY AND VOLUNTARY EXCLUSION By signing and submitting this proposal, the Proposer (referred to herein as the "prospective lower tier participant") is providing the certification set out below, (1) The certification in this clause 1s a material representation of fact upon which reliance was placed when this transaction was entered, If It is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment, (2) The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted If at any time the prospective lower 'tier participant learns that Its certification was erroneous when submitted or had become erroneous because of changed circumstances, (3) The terms covered transaction, debarred, suspended, ineligible; lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used In this clause, have the meaning set out In the Definitions and Coverage sections of rules Implementing Executive Order 12549, You may contact the person to which this proposal Is submitted for assistance in obtaining, a copy of those regulations. (4) The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared Ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the department or agency with which this transaction originated. (5) The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and. Voluntary Exclusion -Lower Tier Covered Transaction," without modification, In all lower tier covered transactions and In all solicitations for lower tier covered transactions. (6) A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless It knows that the certification Is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, buti is not required to, check the List of parties Excluded from Federal Procurement and Non -Procurement Programs. e 127 of 185 Docusign Envelope ID: 025131814-41 E24EH-MFC-El 766CAI 7E0C (7) Nothing contained In the foregoing shall be construed to require the establishment of a system of records to render In good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (8) Except for transactions authorized under paragraph 5 of these instructions, if a participant In a covered transaction knowingly enters Into a lower tier covered transaction with a person who Is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, In addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, Including suspension and/or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION) INELIGIBILITY AND VOLUNTARY EXCLUSION —LOWER TIER COVERED TRANSACTIONS (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant Is unable to certify to any of the statements in this certificatic►n,_uh prospective participant shall attach an explanation to this proposal ature of Proposer's Authorized Official 2/26/2024 Date 92 James N. Marino, P,E., BC.CE Name of Proposer's Authorized Official President Title of Proposer's Authorized Official Page 128 of 185 Docusign Envelope R 025B1814-41E2-4E80-A4FC-EI766CA17EGC ATTACHMENT G —CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (This form MUST be submitted with proposal) The undersigned Proposer certifies, to the best of his or her knowledge, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with Its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U:&C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who falls to file the required certification shall be subject to a civil penalty of not Jess than $10,000 and not more than $100,000 for each such failure. The Consultant, Taylor Engineering, Inc., certifies or affirms the truthfulness and accuracy of each statementKits cor Ification and disclosure, if any. In addition, the Contractor understands rfd agrees at the provisions of 31 U.S.C. § 3801 et seq., apply to this certificat' a re, ny. James N. Marino, P.E., BC.CE Xnat'ure of Propos�er's Authorized Official Name of Proposer's Authorized Official 2/26/2024 President Date Title of Proposer's Authorized Official Page 129 of 185 Docusign Envelope ID: 025B1814-41E2-4E80-A4FC-EI766CA17EOC A ATTACHMENT H —SIGNATURE PAG The undersigned attests to his, her, or their authority to execute this submittal and to bind the firm(s) herein named to perform as per agreement. Further, by signature, the undersigned attests to the following* 1. The Proposer Is flnanclaily solvent and sufficiently experienced and competent to perform all of the work required of the Proposer In the Contract, 2. The facts stated in the Proposer's response pursuant to this Request for Qualifications are true and correct In all respects; 3. The Proposer has read and complied with and submits their proposal agreeing to all of the requirements, terms and conditions as set forth In the Request for Qualifications. 4. The proposer certifies that he, she, or they have not divulged, discussed, or compared his, her, or their submittal with other proposers and has not colluded with any other proposer or parties to a submittal whatsoever. (Note: No premiums, rebates or gratuities permitted either with, prior to, or after any delivery of material. Any such violation will result In one or more of the following, cancellation, return of materials (as applicable) and the removal of the Proposer from the County vendor list(s)). 5. Proposer understands that if a team Is shortlisted and selected to make oral presentations (if required) to the selection committee and/or County Commission, only the team members evaluated In the written submissions may present at the oral presentations. Any changes to the team at the oral presentations will result In that team's disqualification. 6, The undersigned certifies that if the County selects the firm, the firrh will negotiate In good faith to establish an agreement. 7. Proposer understands that all Information listed above may be checked by the County and Proposer authorizes all entities or persons listed in this proposal to answer any and all questions. Proposer hereby indemnifies the County and the persons and entities listed above and holds them harmless from any claim arising from such authorization horization or the exercise thereof, Including the dissemination of information pursuant thereto. [SIGNATURE BLOCK ON FOLLOWING PAGE] e 130 of 185 Docusign Envelope ID: 02581814-41E2-4E80-A4FC-E1766CA17EOC Executed on this 26th day of Februar 2024 , Check one: 11 Individual 13 Partnership IM Corporation 11 Non -incorporated Organization Witness Cheryl Gessling Witnem Printed Name Witness Carla M. Cannon Witness Printed Name If corporation, affix seal. OttIll I 01, AL .0- 1987 114 OR 10 % 11111410 sfgnatUire of Proposers uthorized Representative Jarnes N. Marino, P.E., BC.CE Printed Name of Proposer's Authorized Representative President Title of Proposer's Authorized Representative If applicable, Incorporated under the laws of the State of Florida I Page 131 of 185 Docusign Envelope ID: 02581814-41E2-4E80-A4FC-E1766CA17EOC ATTACHMENT I -- ACCEPTANCE OF FEDERAL TERMS The County requires that work funded in whole or in part by federal financial assistance be subject to the following terms and conditions. By signing this form, CONSULTANT agrees It will accept these terms as applicable to the services provided. 1. MAINTENANCE OF RECORDS A. 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 seven years from the termination of this agreement or for a period of five years from the County's submission of the final expenditure report to the federal awarding agency, whichever Is greater. B. 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. C. 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 tills 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. D. CONSULTANT and all its SUBCONSULTANTs, successors, assigns, and transferees acknowledge and agree to comply with applicable provisions governing the Federal Government's access to records, accounts, documents, Information, facilities, and staff.. IL CHANGE IN SCOPE of SERVICES/WORK A. The COUNTY may order changes In the work consisting of additions, deletions, or other revisions within the general scope of the Agreement. No claims made by CONSULTANT that the scope of the project or of the CONSULTANT's services has been changed, requiring changes to the amount of compensation to the CONSULTANT or other adjustments to the Agreement, unless such changes or adjustments have been made by written amendment or change order to the Agreement signed by the. COUNTY's manager and CONSULTANT's representative. B. if CONSULTANT believes that any particular work Is not within the scope of services of the Agreement, Is a material change, or will otherwise require more compensation to CONSULTANT, then CONSULTANT must immediately notify the COUNTY in writing of tills belief. If the COUNTY believes that the particular work is within the scope of the Agreement as written, the CONSULTANT will be ordered to and shall continue with the work as changed and at the cost stated In the original Agreement. The CONSULTANT e 132 of 185 Docusign Envelope ID; 025B1814-41E2-4E80-A4FC-E1766CA17EOC , must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order, Ill. MODIFICATIONS DUE TO PUBLIC WELFARE OR CHANGE IN LAW The COUNTY shall have the power to make changes in the Agreement as the result of changes In law and/or Ordinances of the COUNTY to impose new rules and regulations on the CONSULTANT under the Agreement relative to the scope and methods of providing services as shall from time to -time be necessary and desirable for the public welfare, The COUNTY shall give the CONSULTANT notice of any proposed change and an opportunity to be heard concerning these matters, In the event of any change in federal, state, or local law or ordinance, the Agreement shall be amended consistent therewith. Should these amendments materially alter the obligations of the CONSULTANT, then the CONSULTANT or the COUNTY shall be entitled to an adjustment In the rates and charges established In the Agreement commensurate with the change required. Nothing contained in this agreement shall require any party to perform any act or function contrary to law. The COUNTY and CONSULTANT agree to enter into good faith negotiations regarding modifications to the Agreement which may be required in order to implement changes in the interest of the public welfare or due to changes in law. IV. NON-DISCRIMINATION CONSULTANT and COUNTY 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. CONSULTANT and COUNTY 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 on the basis of race, color or 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 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 U,S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 U.S.C. §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 U,S.C, § 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 U.S.C, § 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination 93 e 133 of 185 Docusign Envelope ID: 02581814-41E24EW-WC-E1766CA17EQC provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. V. REMEDIES Contracts for more than the simplified acquisition threshold, currently $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. VI. TERMINATION FOR CAUSE AND CONVENIENCE All contracts in excess of $10,000 must address termination for cause and for convenience by the COUNTY including the manner by which It will be effected and the basis for settlement. ViI. EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 C.F.R, Part 60, all contracts that meet the definition of "federally assisted construction contract" In 41 C.F,R, Part 60-13 must include the equal opportunity clause provided under 41 C,F.R, 60-1.4(b), In accordance with Executive Order 112.46, "Equal Employment Opportunity" (30 FIR 12319, 12935, 3 C.F.R. Part, 1964-1965 Camp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C,F.R. Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Vill. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148) When required by Federal program legislation, all prime construction contracts In excess of $2,000 awarded by the COUNTY must Include a provision for compliance with the Davis -Bacon Act (40 U.S,C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). in accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination Issued by the Department of Labor in each solicitation, Tile decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed In the construction, completion, or repair of public work, to give up any part of the compensation to which he or she Is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 34 e 134 of 185 Docusign Envelope ID. 025B1814-41E2-4E60-A4FC-E1766CA17EOC .,...--•—.. IX. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701-3708) Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that Involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C,F,R, Part 5). Under 40 U.S.C, 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours, Work In excess of the standard work week is permissible provided that the worker Is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U,S.C, 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work In surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence, X. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the COUNTY wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency, XI. CLEAN AIR ACT (42 U.S.C. 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387), AS AMENDED Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations Issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C, 1251-1387), Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). XiI. DEBARMENTAND SUSPENSION (EXECUTIVE ORDERS 12549 AND 1.2689) A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the governmentwide exclusions In the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement. Executive Orders 12549 (3 CFR part 1986 Comp„ p. 189) and 12689 (3 CFR part 1989 Comp„ p. 235), "Debarment and Suspension," SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared Ineligible under statutory or regulatory authority other than Executive Order 12549. XIIi« BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) 35 Page 135 of 185 Docusign Envelope iD:025B1814-41E2-4E80-A4FC-E1766CA17EOC Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352, Each tier must also disclose any lobbying with non -Federal funds that takes place In connection with obtaining any Federal award, Such disclosures are forwarded from tier to tier up to the federal awarding agency, XIV. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.323) The COUNTY and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XV. TELECOMMUNICATION COSTS AND VIDEO SURVEILLANCE COSTS (2 C.F.R. § 200.216) Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019 NDAA) and 2 C.F.R. § 200.216 prohibit the obligation or expending of federal award funds on certain telecommunication products or from certain entities for national security reasons. Effective August 13, 2020, the COUNTY, as well as their contractors and subcontractors, may not obligate or expend any federal award funds to: A, Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; B. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or C. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. XVI. DOMESTIC PREFERENCES FOR PROCUREMENTS (2 C.F.R. § 200.322) As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, 36 e 136 of 185 Docusign Envelope ID; 025BI814-41E2-4E80-A4FC-E1766CA17EOC products, or materials produced in the United States. This includes, but is not limited to Iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause; Produced in the united States means, for Iron and steel products, that all manufacturing processes, from the Initial melting stage through the application of coatings, occurred In the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. XVII. BONDING For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, currently $250,000, the following minimum bonding requirements apply: A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. B. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" Is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material In the execution of the work provided for in the contract. XVIII. ACKNOWLEDGEMENT OF FEDERAL FUNDING This Is an acknowledgement that federal financial assistance may be used to fund all or a portion of the contract. The CONSULTANT will comply with all applicable federal law, regulations, executive orders, federal awarding agency policies, procedures, and directives. XIX. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F,R. § 200,321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. e 137 of 185 Docusign Envelope ID: 0251211814-41 E2-4E80-A4FC-El 766CAl 7EOC A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; D, Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. XX. SUBAWARD If applicable, the CONSULTANT is bound by the terms and conditions of the federally -funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (FDEM). The CONSULTANT shall hold the COUNTY and, If the funding is provided under a Subaward and Grant Agreement between the COUNTY and FDEM, FDEM, harmless against all claims of whatever nature arising out of the CONSULTANT's performance of work under this Agreement, to the extent allowed and required by law. XXII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT'S actions pertaining to this contract. Accepted by, or Engineering, Inc, of CONSULTANT`s Authorized Official 2/26/2024 Date W. James N. Marino, P.E., BC.CE Name of CONSULTANrs Authorized Official President Title of CONSULTANTs Authorized Official Page 138 of 185 Docusign Envelope ID:025B1814-41E2-4E80-A4FC-E1766CA17EOC REQUEST FOR QUALIFICATIONS RFQ No. 24-032 Professional Engineering Services — Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PURCHASING DIVISION 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA 34982 (772) 462-1700 Page 139 of 185 Docusign Envelope lM 02581814-41E2-4E80-A4FC-EI766CA17EOC b'd d St. Lucie County Purchasing Division LEGAL NOTICE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR QUALIFICATIONS RFQ No. 24-032 Professional Engineering Services — Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure St. Lucie County seeks sealed qualification packages from qualified firms or individuals to perform professional engineering/design services related to the Harbour Pointe Regional Boat Ramp and associated civil infrastructure, as listed in Request for Qualifications No. 24-032. Qualifications packages will be received at the St. Lucie County Purchasing Division, 2300 Virginia Avenue, Room 228, Ft. Pierce, Florida 34982, until 3:00 p.m. Local Time, on Wednesday, February 28, 2024, at which time this RFQ will be publicly declared closed. Bid documents may be obtained via download from www.DemandStar.com or by contacting the Office of the Purchasing Department at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700. Evaluation criteria for this Request for Qualifications is as follows: 1. Qualifications and ability of Firm and professional personnel (maximum of 40 points), including: • Qualifications of Firm; • Qualifications of proposed team; • Qualifications of proposed subconsultants, if any; and • Recent, current, and projected workload of the Firm, and willingness to meet contract time requirements; 2. Prior/Current Performance on projects (maximum 40 points), including: • The prior and/or current performance of the Firm and all professionals proposed for use on the team in the planning, design, and administration of project(s) performed. • References for a minimum of three projects for the Firm/proposed subconsultants and at least five projects on which individual team members were involved are required. To potentially achieve a high ranking here a higher number of relevant, comparable projects for the Firm and/or its team members should have been performed, backed by positive, verifiable references. Projects should be completed as recent as possible, but no later than in the past ten years. 3. Technical Approach / Methodology (maximum 20 points), including: 19 Page 140 of 185 Docusign Envelope to: 0258I8144IE2-4E80-A4FC-EI766CA17EOC 1� 'IS" V. L I C, 11 j St. Lucie County Purchasing Division • The Firm's demonstrated understanding of the County's objective(s); and • The Firm's proposed work plan to achieve those objective(s). The County in its sole discretion, reserves the right to reject any and all proposals, accept any proposal or any combination of proposals, or waive any minor irregularity or technicality in proposals received and may, at its sole discretion, request a re -qualification, when in its sole judgment, it will best serve public interest. CAUTION: It is the bidd e r's/pro poser's responsibility to ensure that bids/proposals/qualifications are received in the Purchasing Division prior to the date and time specified above. Receipt of a bid/proposal/qualification in any other County office does not satisfy this requirement. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Participation by small, minority -owned, and women -owned businesses is encouraged. Advertisement Date: Sunday, January 28, 2024 Q Page 141 of 185 OonueNnEnvelope ID: O25B1814-41Eo4Enn-A4FC-Elr8*CA17EnC St. Lucie County V 0 ., � � Purchasing Division TABLE OF CONTENTS SECTION 1—SCOPE OFSERVICES ... ............................................................................................. 5 SECTION 2—QUALIFICATIONS ............................................................................................ .......... 5 SECTION 3—SUBMITTAL INFORMATION: HOVV,VVHBN/&WHERE.............................................. 5 SECTION 4—CONTRACT TERMS .................................................................................. ................... 6 SECTION5—INQUIRIES ................................................................................................................. G SECTION 6—REJECTION CRITERIA ............................ ....... .... ....................................................... 7 SECTION7—WAIVERS ........... ................................. ....... ............................................................. 7 SECTION 8—SELECTION PROCEDURE ................................................................................. .......... 7 SECTION 9—EVALUATION METHODOLOGY .................................................................................. 0 SECTION1O—ADDENDA ................................................................................ ............................ IO SECTION 11—PROPOSAL FORMAT ................ ....... .................................................................... 1D ATTACHMENT A —SCOPE OFSERVICES ....................................................................................... 15 ATTACHMENT B—COMPANY PROFILE FORM .................. .......................................................... 14 ATTACHMENT C—SIMILAR PROJECTS ......................................................................................... 17 ATTACHMENT D—REFERENCE FORM ......................................................................... ......... ...... 24 ATTACHMENT E—AFFIDAVIT <]FNON-COLLUSION ....................... ............................................. 2G ATTACHMENT F—CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARYEXCLUSION .............................................................................................. ........ ..... 27 ATTACHMENT G—CERTIFICATION REGARDING LOBBYING ......................................................... 29 ATTACHMENT H—SIGNATURE PAGE .......................................................................................... 3O 4 Page 142 of 185 Docusign Envelope ID: 025Bl8l4-4lE2-4E80-A4FC-EI766CA17EOC (4'o� U o, St. Lucie County 914 ol Ul Purchasing Division SECTION I — SCOPE OF SERVICES The St, Lucie County Board of County Commissioners (the "County") is soliciting a Request for Qualifications (RFQ) pursuant to Section 287.055, Florida Statutes (the Consultants' Competitive Negotiations Act or "CCNX') for an engineering consultant (the "Consultant") to provide professional engineering services related to the Harbour Pointe Regional Boat Ramp and associated civil infrastructure, as described more fully in Attachment A, Scope of Services. If sufficient qualified Consultant responses are received, the County intends to award one contract covering the services described in Attachment A. No representation or guarantee is made by the County as to the minimum or maximum dollar value, volume of work, or type of work that any firm will receive during the term of any agreement. Each agreement will be terminable at will by the County. If applicable, the County will authorize individual tasks by task order. The County may also elect to do additional CCNA solicitations for certain projects. Pursuant to Section 287.055 Florida Statutes, the County is accepting submittals from qualified firms or individuals to provide professional engineering/design services related to the Harbour Pointe Regional Boat Ramp and associated civil infrastructure, as described in Attachment A. Since Florida law requires the County to make a determination of a Consultant's qualifications prior to their employment, those firms or individuals that wish to be considered should submit a Qualification Package as described in this RFQ. Qualification packages (also referred to herein as "proposals") will be evaluated in accordance with the evaluation methodology described in Section 9. The evaluation and selection committee may also use the evaluation methodology to aid in reducing the total number of submittals to a short-list of firms, if necessary. Short- listed firms may be invited to make presentations for final evaluation based on the evaluation criteria. Proposals will be considered from qualified firms or individuals whose experience includes successful work in similar projects. Also, the firm must have a sufficient number of qualified staff in the applicable disciplines to complete the work in the time required and in accordance with State of Florida statutes and standards, if applicable. P,1159 pi IOU M'N'M!M UTT MML-ATITI'AMM Proposals shall be submitted in a sealed envelope labeled with the Proposer's name, contact information, and the Request for Qualification (RFQ) Number. The original and each copy of the Proposal must indicate on the cover the RFQ Number, RFQ Name, and Due Date/Time. Proposals must be submitted on 8%" by 11" paper, neatly typed, with normal margins and spacing. One unbound original, one electronic copy on flash drive, and six bound copies (a total R Page 143 of 185 Docusign Envelope ID: 025B1814-41E2-4E80-A4FC-E1766CAl7EOC �51v. LU It ;4�41 14mlll A St. Lucie County r° Purchasing Division of eight sets) of the complete submittal must be received by the closing date and time. The original, flash drive, and all six copies must be submitted in a sealed envelope. Proposals must be signed in ink by an authorized officer of the proposing firm, who is legally authorized to enter into a contractual relationship in the name of the Proposer. The submittal of a proposal will be considered by the County as constituting an Offer by the Proposer to perform the required services. Neither the County nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this RFQ. All proposals should be prepared to provide a straightforward and concise description of the Proposer's qualifications and ability to meet the RFQ requirements, SECTION 4 — CONTRACT TERMS The County will award one or more contracts, as it determines in the County's best interest, The term of the contract shall be for as long as necessary to complete the awarded scope of work. The term may only be extended as permitted by the contract's terms, The Proposer understands that this RFQ does not constitute an agreement or a contract between the County and the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the County and a written agreement or contract is approved by both the County and the successful Proposer. Any contract(s) resulting from this RFQ shall be governed by the laws of the State of Florida. The selected consultant(s) will also be required to comply with all applicable laws, ordinances, rules, regulations, and contract provisions. SECTION S — INQUIRIES Inquiries related to this RFQ should be made in writing and directed as follows: St. Lucie County Purchasing Division 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 Attn: Desiree Cimino E-mail: ciminod@stlucieco.org CONTACT WITH PERSONNEL OF ST. LUCIE COUNTY OTHER THAN THE PURCHASING REPRESENTATIVE REGARDING THIS REQUEST FOR QUALIFICATIONS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. �" Page 144 of 185 Docusign Envelope ID: 025BI814-41E2AE80-A4FC-EI766CA17EOC S5t LUICAL, - I V St. Lucie County OATI, 14, W"A" Purchasing Division SECTION 6 — REJECTION CRITERIA Submittals may be rejected as non -responsive for any of the following (this list is not all- inclusive): All questions, instructions, and forms in the RFQ have not been properly completed. The proposal is found to have concealed or contained false and/or misleading information. The County did not receive the proposal by the submittal deadline. The Proposer is not licensed with the Florida Secretary of State to do business in Florida. You must submit a State of Florida Certificate of Status for your firm. Attachments have not been completed, signed, and/or submitted. The proposal is not properly executed. The County reserves the right to reject all proposals, to waive any informalities, and to solicit and re -advertise for other proposals. SECTION 7 —WAIVERS The County in its sole discretion, reserves the right to reject any and all proposals, accept any proposal or any combination of proposals, or waive any minor irregularity or technicality in proposals received and may, at its sole discretion, request a re -qualification, when in its sole judgment, it will best serve public interest. �"re_pk LI-MA "I pig 1:1 'Telfi A oil A Selection/Negotiation Committee (SNC) comprised of County staff and, if necessary, consultants, and approved by the County Administrator shall be responsible for evaluating proposals and selecting Proposer(s) for award. The SNC may also, at its sole discretion, request additional or clarifying information from any Proposer. The SNC may expressly request such information to remedy any incomplete response but will not be obligated to do so. Failure to provide the information could result in the rejection of the Proposer's proposal. The occurrence or absence of such a request shall not be cause for objection by any Proposer. Proprietary information from competing proposers shall not be disclosed to the public or to competitors prior to any award subject to Public Records Law, Chapter 119, Florida Statutes. M Page 145 of 185 Docusign Envelope ID: 025B1 814-41 E24EM-MFC-El 766CAI 7EOC ��It L U t 11 LI �460 U " St. Lucie County Purchasing Division The SNC may short-list the most qualified firms. Shortlisted firms may be invited to appear in front of the SNC and/or County Commission for oral presentations and/or discussions on its qualifications and methodology. The SNC shall evaluate all proposals to the greatest extent practicable, based on the evaluation criteria described in this RFQ. For project specific RFQs, the SNC reserves the right to negotiate an agreement with the selected firms individually based upon ranking to reach an agreement; for continuing services type agreements, the SNC reserves the right to negotiate concurrently with selected firms, whereby one or multiple firms will then be recommended to the County Commission for award. The County reserves the right to award single or multiple contracts if it is deemed to be in the best interest of the County. With all factors considered, awards will be offered to Proposer(s) whose qualifications are deemed, in the sole discretion of the County, to best serve the public interest of the County. The County may act only through the County Commission. Proposers may not rely on any representations by the County other than as approved by official action of the County Commission. The Proposal (or sections thereof) of the successful Proposer(s) shall be incorporated in any contract that ensues. St. Lucie County reserves the right to retain proposals and use ideas from them. SECTION 9 — EVALUATION METHODOLOGY Proposers must submit proposals in accordance with the instructions in Section 11 — Proposal Format. In addition to consideration of the contents of each proposal, the County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience, and quality of performance under similar operations of each Proposer, including stockholders and principals, before making an award. Awards, if any, will be based on both an objective and subjective comparison of proposals and Proposers. The County's decisions will be final. The Proposal Format is designed to provide information about your firm. In addition, the information provided will be used in evaluating the firm's qualifications to perform the advertised work. Evaluation scores are assigned as follows: M Page 146 of 185 Docusign Envelope ID: 025131814-41 E24EW-MFC-El 766CAI 7EOC St. Lucie County 9W I 1.51t LUt-11 (V: 411 W11 Purchasing Division Qualifications and ability of Firm and professional personnel (maximum of 40 points), including: 9.1.1.1. Qualifications of Firm; 9.1.1.2. Qualifications of proposed team; 9.1.1.3. Qualifications of proposed subconsultants, if any; and 9.1.1.4. Recent, current, and projected workload of the Firm, and willingness to meet contract time requirements. 9.1.2 Prior/Current Performance on projects (maximum 40 points), including: 9.1.2.1. The prior and/or current performance of the Firm and all professionals proposed for use on the team in the planning, design and administration of project(s) performed. 9.122. References for a minimum of three projects for the Firm or at least five combined projects for individual team members are required. To potentially achieve a high ranking here a higher number of relevant, comparable projects for the firm and/or its team members should have been performed, backed by positive, verifiable references. Projects should be those completed as recent as possible, but no later than in the past ten years, 9.1.3 Technical Approach / Methodology (maximum 20 points), including: 9.1.3.1. The Firm's demonstrated understanding of the County's objective(s); and 9.1.3.2. The Firm's proposed work plan to achieve those objective(s). In order for the County to make a determination on qualifications, a complete package must be submitted. Failure to provide a complete proposal per Section 11 — Proposal Format may result in the submittal being considered non -responsive. To obtain the best possible score, it is important that the Specific Related Experience of the Firm (Tab #4) and Project Team Staffing Experience (Tab #6) portions of the Package specifically address the advertised major area/classes of work, and any special requirements that may be listed. Do not submit resumes in lieu of completing these portions of the RF . 4 Page 147 of 185 Docusign Envelope R 025BI814-41E2-4E80-A4FC-EI766CA17EOC b, U •& St. Lucie County INI WA AM Purchasing Division If you propose to joint venture or use outside professional services for any of the project requirements all such information must be included in the proposal. Do not have individual "team" firms send in their own submittals. All firms must be clearly identified in your proposal, and their ability to perform assigned responsibilities must be demonstrated. MktM err , If revisions to this RFQ become necessary, the County will provide written addenda directly through http:/IwwwDemandStar.com at least five working days prior to the proposal due date. Any changes to the RFQ will be made available for all prospective proposers to receive. Although we will try to notify you of the addenda, it is the sole responsibility of the Proposer to ensure it receives all addenda. If applicable, please acknowledge in Attachment B — Company Profile that you have received any addenda. Each proposal must follow the format outlined below. Complete the following information exactly as shown including numbering and tabbing sections (electronic versions should be electronically bookmarked in PDF format). This information is vital for the County to rate your firm, as your evaluation and ranking will be based on the information supplied below along with any other information required by or known to the County. The Proposer acknowledges and understands that the information contained in its proposal shall be relied upon by County in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the County to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. TAB #1 Company Profile Complete the Company Profile form attached hereto as Attachment B. TAB #2 Letter of Transmittal (4-page limit) Provide a statement addressing why your firm would be in the best position to deliver the required services. Provide your firms' technical approach/methodology for this project. TAB #3 Proposed Prolect Team Firms For each consultant/ discipline offered, please list the following: W Page 148 of 185 Docusign Envelope ID: 025BI814-41E2-4E80-A4FC-E1766CA17EOC Spy. Lu C 0 St. Lucie County 14, AQ t, Purchasing Division 3A Name of Consultant; 3B Florida State License Number (Department of Professional Regulation); 3C Copy of Corporate Charter Number, if a corporation, as issued by the Division of Corporations, Department of State. TAB #4 Specific Related Experience of the Firm 4A Using the form provided at Attachment C, list successful past projects completed and/ or held by the Firm or any subconsultants, specific and comparable to this project. 4B Using the form provided at Attachment D, Proposers are responsible for obtaining and providing a minimum of three completed Project -Specific References with their proposals. Failure to provide the completed references will result in the proposal being deemed non -responsive. References must be for past projects that are listed under Tabs 4 or 6 of this RFQ. TAB #5 KeV Proposed Project Team Personnel 5A Indicate the proposed project team key personnel for the Firm and proposed subconsultants that are anticipated to be assigned the County's projects. For each individual listed, show discipline(s) of licensure/training. 5B Include resumes for all key proposed project team personnel. 5C Include the team member's experience specific to the Scope of Services described in Attachment A. TAB #6 Proiect Team Staffing Experience Using the form provided at Attachment C, list successful past projects completed and/ or held by each proposed team member specific and comparable to this project. A total of five projects involving proposed team members should be listed. TAB #7 Attachments Insert all required attachments here, including: 7A Licenses and certifications; 0 For the APPLICANT FIRM ONLY: W Page 149 of 185 Docusign Envelope ID: 02581814-41E2-4E80-A4FC-EI766CA17EOC IsItLLACUL 1� V 0 1 1 46 W111 Mt-:, St. Lucie County 5 4 410,0" Purchasing Division o Attach a copy of the current Florida Department of Professional Regulation License(s) and registration with the appropriate Board(s) for your firm and each of the license numbers listed in Tab #3. • If a corporation, submit your State of Florida proof of incorporation. • If not a corporation, submit a copy of your State of Florida Division of Corporations form showing your State registration or your license if you are a sole proprietorship. 7B Proof of Insurance and bonding, as applicable; 7C Completed Attachment E —Affidavit of Non -Collusion; 71) Completed Attachment F — Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion; 7E Completed Attachment G — Certification Regarding Lobbying; 7F Completed Attachment H — Signature Page; 7G Completed Attachment I — Acceptance of Federal Terms 7H Any other relevant material not otherwise described in the Proposal Format. M Page 150 of 185 DonumignEnvelope ID: 025BI0441 760CA17EVC ATTACHMENT A — SCOPE OF SERVICES Introduction St. Lucie County, Florida ("Courty")is requesting qualified consulting firms tosubmit gStatement of Qualifications to perform engineering services (surveying' geotechnical, design, and permitting) to assist inthe development ofaregional boat ramp and associated civil infrastructure atthe Cnuntv's Harbour Pointe Park (adjacent toTaylor Creek) inFort Pierce, Florida. The primary objective of the project is to design and permit a regional boat ramp facility that is consistent with the adopted 2020 Port ofFort Pierce Master Plan and to provide a world -class recreational amenity for the citizens mf St. Lucie County and our visitors. Scope of Work The scope ofwork will include the design and permitting ofa regional boat ramp facility and associated civil infrastructure, including but not limited to boat ramps and supporting bulkhead, dredging design (and possible mitigation designs/plans), floating docks and/or tending docks, rest/oorn facilities, parking area(s)and associated civil inframtruotune. Design efforts will include surveying and initial conceptual design development to properly size and site all required project elements. The design may also include specific modification(s) to the existing stornnvvater infrastructure (located onaibo) and the design of new state of the art/sustainable stormvuater elements to effectively address all future water quality aspects of the proposed facility. The selected professional should have knowledge of green atorrnvvatgr infrastructure, such as permeable pavement surfaces and other nature -based stormnvvatermo|otions, to establish and treat storrnvvaterin a proactive, sustainable way. All design elements will consider current sea level rise projections, and final bu||dout elevation(s) will require reasonable justification using county - initiated vulnerability assessments and/or previously developed design elevation criteria established specifically for Harbour Pointe Park; all based on the intended use of the facility, considering all possible inundation risk scenarios. The selected professional should have knowledge ofresilient design concepts and a general understanding nfthe state and federal sea level rise considerations. The ultimate design shall be conducted with open communication between the selected professionaKa\and Port staff to ensure all design needs are met and the proposed facility |splanned tofoster apositive end -user experience. A generic depiction of the proposed regional boat ramp facility from a previous conceptual effort is provided for reference purposes only (Figure No. 1,identified asPhase 2).Aformal connection from North 211 St. to Harbour Pointe Park is currently being designed (Figure No. 1, identified as Avenue K8 - Phase 1), with construction completion expected in ear|y2O25. Periodic cooperation with the design engineering team for the proposed Avenue K0 project will be required to ensure compatibility of access and civil infrastructure. In addition, some aspects of the Artificial Reaf/Sgn/|oeVgaue| Dock (Figure No. 1, identified as Phase 3) may be incorporated into the overall boat ramp design to maintain the continuity of shoreline protection along Taylor Creek. The design professional shall acquire all approvals and permits necessary for construction to commence. The selected professional will also be required to attend public meetings (if necessary) tohelp facilitate consensus regarding apreferred design layout and will berequired 10provide bid assistance. Page 151 of 185 Docusign Envelope ID: 025BI814-41 E24E80-A4FC-E1766CAI 7EOC Firm Name: Address of Proposed Office in Charge: Phone Number: E-mail Address: If applicable, parent company: If different, address of parent company: If different, phone number of parent company: Fax Number: Website: If different, website of parent company: Type of Business: ❑ individual ❑ Corporation ❑ Other, please explain: If corporation, complete the following: ❑ Partnership Date of Incorporation: State of Incorporation: _ Date Authorized to Do Business in Florida: FEIN.: mow* Vice President: Secretary: If partnership, complete the following: Date Organized: XType (e.g., general, limited): FEIN: Names and Address of Partners (attach pages if necessary): 14 Page 152 of 185 Docusign Envelope ID: 02581814-41E2-4E80-A4FC-EI766CA17EOC Do you have a job cost account system: ❑ Yes ❑ No; if yes, answer the following: • Does the system separate an accumulate direct and indirect costs (both labor and expense)? ❑ Yes ❑ No • Are individual job cost ledgers maintained by job to support direct costs as accumulated in the general ledger? ❑ Yes ❑ No • Is subsidiary job cost reconciled on a regular basis with the general ledger? ❑ Yes ❑ No • Are time and expense reports utilized in the separation of direct and indirect costs? ❑ Yes ❑ No How quickly can you provide written responses to County inquires? How much advance notice do you need to appear at the County for meetings? List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past ten years. Include in the description the disposition of each such petition (attach additional sheets if necessary). List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organizations(s) during the last ten years. The list shall include all case names; case, arbitration, or hearing identification numbers; the name of the project over which the dispute arose; and a description of the subject matter of the dispute (attach additional sheets, if necessary). M Page 153 of 185 Docusign Envelope ID: 025BI814-41E2-4E80-A4FC-EI766CA17E4C List and describe all criminal proceedings or which the Proposer, its principals, officers, (attach additional sheets, if necessary). _ hearings concerning business related offenses in Dr predecessor organization(s) were defendants Has the Proposer, its principals, officers, or predecessor organization(s) been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five years? If so, provide details (attach additional sheets, if necessary). Note regarding Public Entity Crimes: Pursuant to F.S. 287.133 as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a Contract to provide any goods or services to a public entity, may not submit a Proposal on a Contract with a public entity for the construction or repair of a public building or public work, may not submit qualifications on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The County will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. § 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (INA)]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such a violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. If applicable: I have received addenda # Signature of Proposer's Authorized Official MD M M= �� Name of Proposer's Authorized Official Title of Proposer's Authorized Official Page 154 of 185 Docusign Envelope ID: 025BI814-41E2-4E80-A4FC-E1766CA17EOC ATTACHMENT C —SIMILAR PROJECTS List at least three similar projects completed or held by the Proposer (lead firm or proposed subconsultants) in the past ten years. In addition, list at least five similar projects completed or held by proposed individual team members in the past ten years. Attached additional sheets if necessary. Client Name: Current contact person at client: 03=6 Fax: Similar Project #1 Address of agency/company: Name of project: Was the Proposer the primary consultant or a subcontractor? Description: Consultant Cost: Start date: (month/year) Within budget? ❑ Yes ❑ No Additional detail: Within schedule? ❑ Yes ❑ No Additional detail: Principal/Project Manager in Charge: Others Team Members: Licensing/Certifications Required: Were change orders issued? ❑ Yes ❑ No; If yes, explain: Similar Proiect #2 Client Name: Completion date: (month/year) Page 155 of 185 Docusign Envelope ID: 025BI 814-41 E2-4E80-A4FC-E1 766CAl 7EOC Current contact person at client: E-mail: Address of agency/company: Name of project: Was the Proposer the primary consultant or a subcontractor? Description: Consultant Cost: Start date: (month/year) Within budget? 171 Yes El No Additional detail: Within schedule? 0 Yes r7l No Additional detail: Principal/Project Manager in Charge: Others Team Members: Licensing/Certifications Required: Were change orders issued? 0 Yes El No; If yes, explain: Client Name: Current contact person at client: Telephone: Fax: Similar Project #3 Completion date: (month/year) =ffm Address of agency/company: Name of project: Was the Proposer the primary consultant or a subcontractor? Description: M.. Page 156 of 185 Docusign Envelope ID: 025B1814-41E2-4E80-A4FC-E1766CA17EOC Consultant Cost: Start date: (month/year) Within budget? ❑ Yes ❑ No Additional detail: Within schedule? ❑ Yes ❑ No Additional detail: Principal/Project Manager in Charge: Others Team Members: Licensing/Certifications Required: Were change orders issued? ❑ Yes ❑ No; If yes, explain: Similar Proiect #4 Completion date: (month/year) Client Name: Current contact person at client: Telephone: Fax: E-mail: Address of agency/company: Name of project: Was the Proposer the primary consultant or a subcontractor? Description: Consultant Cost: Start date: (month/year) Within budget? ❑ Yes ❑ No Additional detail: Within schedule? ❑ Yes ❑ No Additional detail: Principal/Project Manager in Charge: wo Completion date: (month/year) Page 157 of 185 Docusign Envelope ID: 025BI 814-41 E2AE80-A4FC-E1 766CAI 7EOC Others Team Members: Licensing/Certifications Required: Were change orders issued? ❑ Yes ❑ No; If yes, explain: Client Name: Current contact person at client: Telephone: Fax: Similar Project #5 Address of agency/company: Name of project: Was the Proposer the primary consultant or a subcontractor? Description: Consultant Cost: Start date: (month/year) Within budget? ❑ Yes ❑ No Additional detail: Within schedule? ❑ Yes ❑ No Additional detail: Principal/Project Manager in Charge: Others Team Members: Licensing/Certifications Required: Were change orders issued? ❑ Yes ❑ No; If yes, explain: FES Completion date: (month/year) Page 158 of 185 Docusign Envelope ID: 0258I814-41E2-4E80-A4FC-EI766CA17EOC Similar Project #6 Client Name: Current contact person at client: Telephone: Fax: E-mail: Address of agency/company: Name of project: Was the Proposer the primary consultant or a subcontractor? Description: Consultant Cost: Start date: (month/year) Within budget? 171 Yes ❑ No Additional detail: Within schedule? ❑ Yes ❑ No Additional detail: Principal/Project Manager in Charge: Others Team Members: Licensing/Certifications Required: Were change orders issued? ❑ Yes ❑ No; If yes, explain: Similar Proiect #7 Client Name: Completion date: (month/year) Current contact person at client: Telephone: Fax: E-mail: Address of agency/company: Name of project: Was the Proposer the primary consultant or a subcontractor? 21 Page 159 of 185 Docusign Envelope ID: 0258I814-41E2-4E80-A4FC-EI766CA17EOC Consultant Cost: Start date: (month/year) Within budget? 0 Yes ❑ No Additional detail: Within schedule? 0 Yes ❑ No Additional detail: Principal/Project Manager in Charge: Others Team Members: Licensing/Certifications Required: Were change orders issued? ❑ Yes ❑ No; If yes, explain: Client Name: Current contact person at client: Telephone: Fax: mmlzr� Completion date: (month/year) E-mail: Address of agency/company: Name of project: Was the Proposer the primary consultant or a subcontractor? Description: Consultant Cost: Start date: (month/year) Within budget? ❑ Yes ❑ No Additional detail: 22 Completion date: (month/year) Page 160 of 185 Docusign Envelope ID: 025B1814-4lE2-4E80-A4FC-El766CA17EGC Within schedule? ❑ Yes ❑ No Additional detail: Principal/Project Manager in Charge: Others Team Members: Licensing/Certifications Required: Were change orders issued? ❑ Yes ❑ No; If yes, explain: RE Page 161 of 185 Docusign Envelope ID: 025BI814-41E2-4E80-A4FC-EI766CA17EOC ATTACHMENT Q — REFERENCE FORM Company Under Review: RFQ No. Company Providing Reference: Name of Person Providing Reference: Telephone: E-mail: Name of Project Completed/Held for Referenced Company: Team Members for this Project: Describe the scope of work of the contract awarded by your company/agency to this contractor: [CONTINUED ON FOLLOWING PAGE] Page 162 of 185 Docusign Envelope ID: 025BIBI44IE2-4E80-A4FC-EI766CA17EOC Please answer the questions below using the following rating scale: 1=Poor 2=Fair 3=Average 4=Good 5=Excellent No. Questions Rating Comments Rate the level of commitment of the firm to your project. Did they devote the time and 1 management staff necessary for successful and timely work? Rate the quality of customer service and the 3. competence and accessibility of the personnel and experience with similar projects. Rate the firm's interactive capability with your 4. staff. Rate the firm's success at minimizing and 5. controlling potential mistakes. Were there bid addendums, contract change orders, etc Rate the overall quality of the work, and specific 6. work on similar projects. Rate the comfort and confidence you had in the 7. firm. & If you have a similar contract to undertake in the 0 Yes 0 No future, would the firm be considered? PU Page 163 of 185 Docusign Envelope ID: 025BI81441E24E80-A4FC-EI766CA17EOC ATTACHMENT E — AFFIDAVIT OF NON -COLLUSION STATE OF FLORIDA COUNTYOF 1. The undersigned is the being first duly sworn, deposes and says: (Owner, Partner, Officer, Representative, Agent, etc.) zma,� . ,�� 2. PROPOSER is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting its qualifications; 3. The proposal is genuine and is not a collusive or sham proposal; 4. Neither the PROPOSER nor any of its officers, partners, owners, agents, representative, employees, or parties in interest, including this affiant, have in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other PROPOSER, firm, or person to submit a collusive or sham proposal in connection with the RFQ or contract for which the attached proposal has been submitted; or to refrain from proposing in connection with such RFQ or contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any proposer, firm, or person to fix the price or prices to be negotiated in connection with this proposal or any other proposal, or to fix any overhead, profit, or cost element of the price or prices of any other PROPOSER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the COUNTY, or any person interested in the proposed contract; 5. The price of items quoted in the attached proposal or to be negotiated in connection with this proposal are or will be fair and proper and are not or will not be tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the PROPOSER or any other of its agents, representatives, owners, employees, or parties in interest. 22 Subscribed, sworn to, or affirmed before me by means of: E3 physical presence or 0 online notarization, this _ day of 2021, by who is either: F personally known to me, or 11 has produced as identification. [Affix Notary Seal Below] Notary Public, State of Florida Print Notary Name My Commission Expires: Page 164 of 185 Docusign Envelope ID: 025BI814-41E2-4E80-A4FC-EI766CA17EOC ATTACHMENT IF — CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION By signing and submitting this proposal, the Proposer (referred to herein as the "prospective lower tier participant") is providing the certification set out below. (1) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. (2) The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous because of changed circumstances. (3) The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. (4) The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. (5) The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (6) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -Procurement Programs. Page 165 of 185 Docusign Envelope ID: 025BI814-41E2-4E80-A4FC-EI766CA17EOC (7) Nothing contained in the foregoing shall be construed to require the establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (8) Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —LOWER TIER COVERED TRANSACTIONS (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Signature of Proposer's Authorized Official Name of Proposer's Authorized Official OR Title of Proposer's Authorized Official Page 166 of 185 Docusign Envelope ID: 025B1814-41E2-4E80-A4FC-EI766CA17EOC ATTACHMENT G — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (This form MUST be submitted with proposal) The undersigned Proposer certifies, to the best of his or her knowledge, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Consultant, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Proposer's Authorized Official Name of Proposees Authorized Official Date Title of Proposel's Authorized Official Page 167 of 185 ATTACHMENT H — SIGNATURE PAGE The undersigned attests tohis, her, ortheir authority to execute this submittal and to bind the #rm(s) herein named to perform as per agreement. Further, by signature, the undersigned attests to the following: 1. The Proposer is financially solvent and sufficiently experienced and competent to perform all of the work required ofthe Proposer |nthe Contract; 2. The facts stated in the Proposer's response pursuant to this Request for Qualifications are true and correct inail respects; 3. The Proposer has read and complied with and submits their proposal agreeing to all of the requirements, terms and conditions as set forth in the Request for Qualifications. 4. The proposer certifies that he, she, or they have not divulged, discussed, or compared his, her, or their submittal with other proposers and has not colluded with any other proposer or parties to a submittal whatsoever. (Note: Nmpremiums, rebates orgratuities permitted either with, prior to, or after any delivery of material. Any such violation will result in one or more of the following: cancellation, return of nna¢edab (as applicable) and the removal of the Proposer from the County vendor list(s)). 5. Proposer understands that if a team is ahord|y1ed and selected to make oral presentations (if required) to the selection committee and/or County Commission, only the team members evaluated in the written submissions may present at the oral presentations. Any changes to the team at the oral presentations will result |nthat 1eam/sdisqualification. G. The undersigned certifies that ifthe County selects the firm, the firm will negotiate ingood faith to establish an agreement. 7. Proposer understands that all information listed above may be checked by the County and Proposer authorizes all entities or persons listed in this proposal to answer any and all questions. Proposer hereby indemnifiesthe County and the persons and entities listed above and holds them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination ofinformation pursuant thereto. (SIGNATURE BLOCK ON FOLLOWING PAGE] Page 168 of 185 Docusign Envelope 10: 025B1814-41E2-4E80-A4FC-E1766CA17EOC Executed on this day of 20 Check one: ❑ Individual ❑ Partnership ❑ Corporation ❑ Non -Incorporated Organization Witness Witness Printed Name Witness Witness Printed Name If corporation, affix seal. Name of Proposer Signature of Proposer's Authorized Representative Printed Name of Proposer's Authorized Representative Title of Proposer's Authorized Representative If applicable, incorporated under the laws of the State of 31 Page 169 of 185 Docusign Envelope ID: 025B1814-41E2-4E80-A4FC-EI766CA17EOC ATTACHMENT I — ACCEPTANCE OF FEDERAL TERMS The County requires that work funded in whole or in part by federal financial assistance be subject to the following terms and conditions. By signing this form, CONSULTANT agrees it will accept these terms as applicable to the services provided. 1. MAINTENANCE OF RECORDS A. 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 seven years from the termination of this agreement or for a period of five years from the County's submission of the final expenditure report to the federal awarding agency, whichever is greater. B. 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. C. 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. D. CONSULTANT and all its SUBCONSULTANTs, successors, assigns, and transferees acknowledge and agree to comply with applicable provisions governing the Federal Government's access to records, accounts, documents, information, facilities, and staff. 11. CHANGE IN SCOPE OF SERVICES/WORK A. The COUNTY may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the Agreement. No claims made by CONSULTANT that the scope of the project or of the CONSULTANT's services has been changed, requiring changes to the amount of compensation to the CONSULTANT or other adjustments to the Agreement, unless such changes or adjustments have been made by written amendment or change order to the Agreement signed by the COUNTY's manager and CONSULTANT's representative. B. If CONSULTANT believes that any particular work is not within the scope of services of the Agreement, is a material change, or will otherwise require more compensation to CONSULTANT, then CONSULTANT must immediately notify the COUNTY in writing of this belief. If the COUNTY believes that the particular work is within the scope of the Agreement as written, the CONSULTANT will be ordered to and shall continue with the work as changed and at the cost stated in the original Agreement, The CONSULTANT Page 170 of 185 Docusign Envelope ID: 02581814-41E2-4E80-A4FC-E1766CA17EOC must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order, The COUNTY shall have the power to make changes in the Agreement as the result of changes in law and/or Ordinances of the COUNTY to impose new rules and regulations on the CONSULTANT under the Agreement relative to the scope and methods of providing services as shall from time to -time be necessary and desirable for the public welfare. The COUNTY shall give the CONSULTANT notice of any proposed change and an opportunity to be heard concerning these matters. In the event of any change in federal, state, or local law or ordinance, the Agreement shall be amended consistent therewith. Should these amendments materially alter the obligations of the CONSULTANT, then the CONSULTANT or the COUNTY shall be entitled to an adjustment in the rates and charges established in the Agreement commensurate with the change required. Nothing contained in this agreement shall require any party to perform any act or function contrary to law. The COUNTY and CONSULTANT agree to enter into good faith negotiations regarding modifications to the Agreement which may be required in order to implement changes in the interest of the public welfare or due to changes in law. IV. NON-DISCRIMINATION CONSULTANT and COUNTY 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. CONSULTANT and COUNTY 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 on the basis of race, color or 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 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 U.S.C. §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. § 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 U.S.C. § 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination 33 Page 171 of 185 Docusign Envelope ID: 026BI814-4lE2-4E80-A4FC-E1766CA17EOC provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. V. REMEDIES Contracts for more than the simplified acquisition threshold, currently $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. V1. TERMINATION FOR CAUSE AND CONVENIENCE All contracts in excess of $10,000 must address termination for cause and for convenience by the COUNTY including the manner by which it will be effected and the basis for settlement. VII. EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. Part 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." VIII. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by the COUNTY must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 34 Page 172 of 185 Docusign Envelope ID: 026BI 814-41 E24E84-MFC-E1766CAI 7EOC IX. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701-3708) Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. If the Federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the COUNTY wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. X1. CLEAN AIR ACT (42 U.S.C. 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387), AS AMENDED Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). X111. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. X111. BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) M Page 173 of 185 Docusign Envelope ID: 025BI814-41E2-4E80-A4FC-EI766CA17EOC Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the federal awarding agency. XIV. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.323) The COUNTY and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XV. TELECOMMUNICATION COSTS AND VIDEO SURVEILLANCE COSTS (2 C.F.R. § 200.216) Section 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019 NDAA) and 2 C.F.R. § 200.216 prohibit the obligation or expending of federal award funds on certain telecommunication products or from certain entities for national security reasons. Effective August 13, 2020, the COUNTY, as well as their contractors and subcontractors, may not obligate or expend any federal award funds to: A. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; B. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or C. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. XVI. DOMESTIC PREFERENCES FOR PROCUREMENTS (2 C.F.R. § 200.322) As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, 9E Page 174 of 185 Docusign Envelope ID: 025BI814-4lE2-4E80-A4FC-EI766CA17EOC products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, currently $250,000, the following minimum bonding requirements apply: A. A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. B. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. r1ur film U.41 ... - *L711140THUS Jd#11141-31111111VIN310 This is an acknowledgement that federal financial assistance may be used to fund all or a portion of the contract. The CONSULTANT will comply with all applicable federal law, regulations, executive orders, federal awarding agency policies, procedures, and directives. XIX. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) If the CONSULTANT, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. § 200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. M Page 175 of 185 Docusign Envelope ID: 025BI 814-41 E2-4E80-A4FC-E1 766CAI 7EOC A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. XX. SUBAWARD If applicable, the CONSULTANT is bound by the terms and conditions of the federally -funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (FDEM). XXI. HOLD HARMLESS The CONSULTANT shall hold the COUNTY and, if the funding is provided under a Subaward and Grant Agreement between the COUNTY and FDEM, FDEM, harmless against all claims of whatever nature arising out of the CONSULTANT's performance of work under this Agreement, to the extent allowed and required by law. XXII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONSULTANT'S actions pertaining to this contract. Accepted by: Name of CONSULTANT: Signature of CONSULTANT's Authorized Official Name of CONSULTANT's Authorized Official Date M Title of CONSULTANT's Authorized Official Page 176 of 185 J A� RL)Ii CERTIFICATE OF LIABILITY INSURANCEF10/8/2024 DATE (MWDDMYYY) 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 pollcy(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 endorsements . PRODUCER Edgewaad Partners Insurance Agency 3780 Mansell Rd. Suite 370 Alpharetta. GA 30022 CONTACT NAME Cherie Crumle PHONE . 6788248554 a' E- ADD Ess: greylinqcarts re tin .com INSURERS AFFORDING COVERAGE _ NAIL # INSURERA: Hartford Accident and Indemn! Com an 22357 INSURED TAYLENG2 INSURER B: Hartford Underwriters Insurance Company 30104 Taylor Engineering Inc. 10199 Southside Blvd., Ste 310 INauRERc: Hartford Fire Insurance Company 19682 INSURER 0 : Jacksonville FL 32256 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:1048986627 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR, THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE D L B POLICY NUMBER POLICY EFF POCJmwaolyyyyi DCOY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY 20SBWNA6176 11/1/2023 11/1/2024 EACH OCCURRENCE $2,000„000 CLAIMS -MADE � OCCUR PREMISES Eaoccurrence) $ 300,000 MED EXP (Anyoneperson) $10,000 PERSONAL & ADV INJURY $ 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 51 POLICY t o ROOT- LOC PRODUCTS - COMPIOP AGG $ 4,000,000 1 $ OTHER: B AUTOMOBILE LIABILITY 20UEGLP0627 11/1/2023 11/1/2024 COMBINED SINGLE LIMIT Ea acddent $1,040,004 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY ALTOS ONLY XI I BODILY INJURY (Per accident) $ PROPERTlDAMAGE Per acddent $ A UMBRELLALIAa XOCCUR 20SBWNA6176 11/1/2023 11/1/2024 EACHOCCURRENCE $4,000,000 1D�ED=RETE AGGREGATE $4,000,000 EXCESSUAS CLAIMS -MADE NTION$in ow $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILrrY YIN ANYPROPRIETORIPARTNER(F-XECUTIVE OFFICER/MEMBEREXCLUDEDT F7N (Mandatory in NH) NIA 20WBGBNO964 11/1/2023 11/1/2024 X STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If as, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -_POLICY LIMIT $1,000 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If mom space Is required) RE: Professional Consultation Services, Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure, St, Lucie County is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above describBd policies be cancelled by the issuing insurer before the expiration date thereof, 30 days" written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. St. Lucie County 2300 Virginia Avenue Fort Pierce FL 34982 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (9)1983-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 178 of 185 I"oITTirr"ME U1UIEipp TAYL©ENG2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/07/2024 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 poiicy(les) 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 any rights to the certificate holder In lieu of such endorsement(s). PRODUCER USt Insurance Services, LLC 2502 N Rocky Paint Drive CT E: 8pNE A/C Ne Ext : A/C Na __ ADDRESS: TeamAECertificate cQr usi.com Suite 400 Tampa, FL 33607 INSURER(s) AFFORDING COVERAGE NAIL / INSURER A: XL Specialty Insurance Company 37885 INSURED INSURER B : Certain Underwriters at Lloyds 1122 Taylor Engineering, Inc 10199 Southside Blvd. INSURERC: Suite 310 Jacksonville, FL 32256 INSURER D INSURER E : INSURER F ; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF (MWDD= POLICY EXP MMIRONY YY).. LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -- CLAIMS MADE OCCUR P EiSESEaurrerrca $ MED EXP (An one erperson $ PERSONAL 3 ADV INJURY $.m_ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO POLICY JECT F LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY _ COMBINED SINGLE LIMIT Ea aoddent BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per acddent) $ OWNED SCHEDULED AUTOS ONLY AUTOS HVRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Cps,. $ $ UMBRELLA LIAR EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED '__._ RETENTION $ $ WORKERS COMPENSATION PER OTH. AND LIABILITY N ANY ICERO/MEMBER/EXCLUOEDE7 ECUTIVE YIN /ME OFF(Mandatory NIA E.L. EACH ACCIDENT _._..,.......,. ___..,_._ $ NHS' ) E.L. DISEASE • EA EMPLOYEE $ I E.L. DISEASE - POLICY LIMIT $ _ If yes, describe under DESCRIPTION OF OPERATIONS below A Professional DPR5029345 6/01/2024 06101/202 $5,000,000 per claim Liability $5,000,000 anni aggr. B C ber Liab ESM0639956795 6101/2024 06101/202 $1 000 000 each claim DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Professional Liability coverage is Written on a claims -made basis. RE: Professional Consultation Services Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure . St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORtZEO REPRESENTATIVE @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S46619622/M44800599 AEAZP Page 179 of 185 DECLARATION UNDER PENALTY OF PERJURY When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must complete this Declaration, pursuant to Florida Statute §787.06 (13). 1, James N. Marino (name), an officer or authorized representative for Taylor Engineering, Inc. (business name), a nongovernmental entity, declare that Taylor Engineering, Inc. (business name) does not use coercion for labor or services as defined in Florida Statute §787.06. I declare under penalties of perjury that the foregoing statements are true and correct. James N. Marino, President Print Name and Title Date COUNTY OF Duval The foregoing instrument was acknowledged before me by means of V physical presence or online notarization on this October 7 , 2024 by James N. Marino , who is personally known to me or [ ] has produced Signature of Notary Public as identification. Page 180 of 185 Docusign Envelope ID: 367685A5-6E7C-4C99-A6D0-E3A484B5E930 FIRST AMENDMENT TO THE JUNE 4,2024 CONTRACT BETWEEN ST LUCIE COUNTY AND TAYLOR ENGINEERING, INC. THIS FIRST AMENDMENT, is made and entered into this day of _XJ) 2025, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and TAYLOR ENGINEERING, INC., or its successors, executors, administrators, and assigns ("Consultant"). WHEREAS, on June 4, 2024, the County and the Consultant entered into a Contract for professional engineering services for the project known as Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure; and, WHEREAS, the parties desire to amend the Contract to modify the scope of work and increase the compensation; and, NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 2. SERVICES shall be amended to include the following: SERVICES The Consultant's responsibility under this Contract is to provide additional professional/consultation services for Harbour Pointe Regional Boat Ramp and Associated Civil Infrastructure as set forth in the Scope of Work attached hereto as Exhibit "A". 2. Paragraph 3. COMPENSATION shall be amended to Include the following: 3. COMPENSATION The Consultant shall be compensated for all additional services satisfactorily completed in accordance with the compensation herein for an amount not to exceed $8,974.00 (eight thousand nine hundred seventy-four and 00/100 dollars) as set forth in Exhibit "B" Task Cost Summary. 3. Paragraph 5 TERM/TIME OF PERFORMANCE shall be amended to include the following: 5. TERM/TIME OF PERFORMANCE The Consultant agrees to be available to begin work after receipt of the written Notice to Proceed and shall complete all work as outlined in the Schedule. 4. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. Page 181 of 185 Docusign Envelope ID: 357685A5-8E7C-4C99-A6D0-E3A484B5E930 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the date first written above. BOARD OF CO NTY COMMISSIONERS ST. LUCIE CO NTY, Fl. RIDA lf4- BY: 0 Ou D OR 7/7 7 APPROVED AS To FORM AND CORI CEC COUNTY ATTORNEY TAYLOR ENGINEERING, INC. BY: Jonathan Armbruster PRINT NAME: PRINT TITLE: senior vice President 3/18/2025 K Page 182 of 185 DocusignEnvelope ID: Contract No. Professional Engineering Services Harbour Pointe Regional Boat Ramp And Associated Civil Infrastructure Taylor Engineering Work Authorization Stage 1 - Conceptual Site Planning 101111,14111 EXH|BKA St. Lucie County (County) has engaged Taylor Engineering to complete engineering and architectural design and permitting of regional boat ramp facility and associated m|vU infrastructure, including but not limited to boat ramps, supporting bulkheads, dredging, floating and/or fixed docks, restmoomn facilities, parking and pavement anea(d' s1ornnm/aterfacUNeov utilities, and other associated infrastructure to support the development of Harbour Pointe Park. Taylor has nearly completed the initial stage ofwork (Stage 1)todevelop and evaluate conceptual site plan alternatives and arrive a1apreferred site plan for the project. Before proceeding to Stage 2, which will include preliminary engineering, permitting, final design, and bidding, the County wishes todevelop abudgetary cost estimate associated with the preferred plan. Therefore, this amendment incorporates and authorizes the additional work (Task 2)and fees asoutlined below, Task 2.Budgetary Cost Estimate Taylor will produce a tabular budgetary estimate for major project features of the CLIENT's single preferred concept divided into up to three phases as identified by the [L|Eml[ Taylor will estimate order -of - magnitude lump sum and unit costs ofmajor items that will be largely based on professional engineering judgement and include familiarity of recent bids for projects with similar scope. Notably, at the conceptual level ofdesign, Taylor will be required to estimate structure extents, types, and total quantities that will be subject to change. This type of cost analysis could incorporate conservative contingencies of up to ~350. This preliminary cost analysis intends to provide abasis for the 0ENT's review of cost feasibility ofmajor project features. Phasing can increase total costs for the project by requiring additional mobilization and other general items. Taylor will beprepared toprovide the estimate phased with additional mobilizations or provide the estimate in a single mobilization hnrrnmt that separates major items with subtotals Identifiable for CLIENT budgeting and funding acquisition. The budgetary estimate will include the following items. 1. Phase |: Harbour Pointe Regional Boat Ramp and Park Improvements a. Concrete Boat Ramp Page 183 of 185 Docusign Envelope ID: 357685A5-8E7C-4C99-A6DO-E3A484BSE930 EXH|8ITA b Floating Access Hers, Gangways, and Piles c Seawall (Steel ShmetpUe,Anchoring, and Concrete Cap) d. Restmom e. Promenade f. Shade Structures g. Sidewalks h. Caf6Patio (Pavem) i Utilities j. Site Lighting k, Site Grading i Dredging m. Stormwater Routing n. Asphalt o. Curbs p. Striping and TrofficGignaQa q. Park and Educational SiQnage r. Landscaping and Irrigation 2. Phase ||:Multipurpose Staging and Commercial Waterfront a. Relief Pad b. Dredging c. Seawall (Steel 8heetp|/e,Anchoring, and Concrete Cap) d. Asphalt e. Curbs f. Striping and Signage g. Landscaping and Irrigation 3. Phase III: Roundabout for Future Traffic Improvements a. Asphalt b. Curbs c Sidewalks d. Striping and S|Anage e. Landscaping and Irrigation f. Park Sign /Feature Asapart ofthis Task, Taylor will develop afigure indicating the phasing division and the project elements identified in the budgetary estimate, DELIVERABLES Taylor will provide atabular budgetaryestimate |ndigital (mdf) hznnot Taylor will provide the draft deliverable within 2 weeks of CLIENT authorization and conduct revisions FEE Taylor will complete Task 2 for a Fixed Fee of $8,974 as detailed in Exhibit B. Page 184 of 185 Docusign Envelope ID: 357685A"E7C-4C99-A600-E3A484B5E930 Labor Program Manager Senior Professional Project Professional Staff Professional Sr. CAD/GIS Taylor Engineering Task Cost Summary Total Labor Hours Total Labor Cost ourly Rate Hours Burdened Cost $225.00 2.0 450.00 $208.00 12.0 2,496.00 $160.00 16.0 2,560.00 $118.00 12.0 1,416.00 $171.00 12.0 2,052.00 gul Task Totals 8,974,00 Page 185 of 185