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Item T2 T.2 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny Kolhage, District 1 TheFloridaKeys Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting January 23, 2019 Agenda Item Number: T.2 Agenda Item Summary #5144 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick (30) 292-4339 N/A AGENDA ITEM WORDING: Approval of an Agreement for Construction Engineering and Inspection (CEI) services with WSP USA Inc. (WSP) for the Lower Keys Scenic Viewing Area (Big Pine Swimming Hole Project) in the amount of $264,853.69. ITEM BACKGROUND: The County requires the services of a CEI consultant to perform inspection services during the construction of the Lower Keys Scenic Viewing Area (Big Pine Swimming Hole Project). The County advertised an RFQ for services and received three responses on May 2, 2018. Staff met on June 1, 2018 in a publicly noticed meeting to rank the responses. WSP was the highest ranked respondent. This project is funded by a Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement grant along with funding from the TDC and funding from the capital budget. PREVIOUS RELEVANT BOCC ACTION: 5-17-2017 BOCC approval of a LAP Agreement between FDOT and Monroe County for funding, in the amount of $900,000 to construct a Lower Keys Scenic Viewing Area located at the Big Pine Swimming Hole. 5-17-2017 BOCC approval to publish an RFP for construction services. 3-15-2017 - BOCC approved an Assignment and Assumption Agreement for the acquisition of Littlejohn Engineering by its mother company S&ME. 12-14-16 - BOCC approved a second amendment for $49,500.00. 10-21-15 - BOCC approved a first amendment for $6,500.00. 1- 21-15 - County approved to enter into negotiation with Littlejohn Engineering Associates, the top ranked respondent to an RFQ. After negotiations, a successful contract in the amount of $100,000.00 was achieved. 10-17-14 Approval to advertise RFQ for the design of a scenic overlook. 9-17-14 Approval of FDOT LAP agreement in the amount of $100,000.00 for design services. 1-14-14 9-12-13 Approval of the FY 2014 budget authorizing $1,000,000.00 in capital improvements. Packet Pg. 1542 T.2 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval as stated above DOCUMENTATION: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 Final RFQ Ranking sheet Big Pine Swimming Hole CEI - 6-1-18 Respondent Tabulation Sheet Big Pine Swimming Hole CEI FINANCIAL IMPACT: Effective Date: 1/23/2019 Expiration Date: Total Dollar Value of Contract: $264,853.69 Total Cost to County: zero Current Year Portion: N/A Budgeted: Yes Source of Funds: TDC and FDOT CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: N/A Insurance Required: Additional Details: Yes 02/20/19 118-78040 · TDC BRICKS & MORTAR 118 $214,853.00 TM98367X-530340 02/20/19 125-22019 · LOWER KEYS SCENIC VW ARE $50,000.00 GN1405 Total: $264,853.00 REVIEWED BY: Cary Knight Completed 01/15/2019 8:06 AM Breanne Erickson Completed 01/15/2019 9:55 AM Chris Ambrosio Completed 01/15/2019 10:43 AM Budget and Finance Completed 01/15/2019 12:06 PM Packet Pg. 1543 T.2 Maria Slavik Completed 01/15/2019 1:52 PM Kathy Peters Completed 01/15/2019 4:15 PM Board of County Commissioners Pending 01/23/2019 9:00 AM Packet Pg. 1544 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project AGREEMENTFOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE LOWER KEYS SCENIC HIGHWAY VIEWING AREAPROJECT rd This Agreement(“Agreement”)made and entered into this 23day of January, 2019by and between Monroe County, a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida, 33040,its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners (“BOCC”), AND WSP USA Inc., a foreign corporation of the State of New York, authorized to do business in the State of Florida, whose address is 7650 Corporate Center Drive, Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to as "CONSULTANT" or “CONTRACTOR”, WITNESSETH: WHEREAS,COUNTY desires to employ the professional services of CONSULTANT construction engineering and inspection (CEI) services for theLower Keys Scenic Highway Viewing AreaProject; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but notbelimited to,providingconstruction engineering and inspection (CEI) services for the Lower KeysScenic HighwayViewing Area Project,collectively referred to asthe “Project”; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTYandCONSULTANTagreeas follows: FORM OF AGREEMENT ARTICLE 1 1.1REPRESENTATIONS AND WARRANTIES By executing this Agreement,CONSULTANTmakes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANTshall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANTfor the Projectuntil the CONSULTANT’sduties hereunderhave been fully satisfied; 1.1.2 The CONSULTANThas become familiar with the Projectsite and the local conditions under which the Workis to be completed. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 1 Packet Pg. 1545 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 1.1.3 The CONSULTANTshall prepare all documentationrequired by this Agreementin such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed andshall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANTwarrants that the documents prepared as a part of this Agreementwill be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additionalcost due to missing or incorrect information; 1.1.4 The CONSULTANTassumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT’sservices shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulationspertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the BOCC to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the BOCC. Nostatement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the BOCC. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex,age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the scope of services no later than Thirty (30)days after Final Completionof the Lower Keys Scenic Highway Viewing Area Project by the Contractor. ARTICLE II SCOPE OF BASIC SERVICES 2.1DEFINITION CONSULTANT’sScope of Basic Services consist of those described in Attachment A.The CONSULTANTshall commence work on the services provided for in this Agreementpromptly upon his receipt of a written notice to proceed from the COUNTY. 2.2CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANTshall, without additional compensation, promptlycorrect any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANTor its subconsultants, or both. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 2 Packet Pg. 1546 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 2.3NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY bycertified mail, return receipt requested, to the following: Cary Vick Project Manager Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And:Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Mr. Kennith Spillett, PE WSP USA Construction Services Manger -Florida 7650 Corporate Center Drive, Suite 300 Miami, Florida 33126 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by theCOUNTY before commencement. 3.2 If Additional Services are required,the COUNTYshall issue a letter requesting and describing the requested services to the CONSULTANT. TheCONSULTANTshall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreementand a notice to proceed from the COUNTY, shall the CONSULTANTproceed with the Additional Services.FDOT will not fund additional services other than the scope as set forth in Basic Scope of Services. Any additional services must be funded and approved by the BOCC. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTYshall provide full information regarding requirements for theProjectincluding physical location of work, county maintained roads, maps. 4.2 The COUNTYshall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTYor its representativeshall render decisions in a timely manner Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 3 Packet Pg. 1547 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project pertaining to documents submitted by the CONSULTANTin order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT’sservices. 4.3 Prompt written notice shall be given by the COUNTYand its representativeto the CONSULTANTif they become aware of any fault or defect in the Project or non-conformance with the AgreementDocuments.Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTYshall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT’s services and work of the contractors. 4.5 The COUNTY’s review of any documents prepared by the CONSULTANTor its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY’s criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANTof responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTYshall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANTthat the COUNTYhas immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANTcovenants and agrees to indemnify and hold harmless COUNTYand BOCC, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys’ fees, costs and expenses,which arise out of, in connection with, or by to the extent caused by the negligence, recklessness, or intentional wrongfulconduct of the CONSULTANT, its subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANTis for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT,the CONSULTANTagrees and warrants that he shall hold the COUNTY harmless and shall indemnify itfrom all losses occurring thereby and shall further defend any claim or action on the COUNTY’sbehalf. 5.3 Inthe event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT’sfailure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY’sbehalf. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 4 Packet Pg. 1548 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6FDOT INDEMNIFICATION To the fullest extent permitted by law, the CONSULTANTshall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconductof the CONSULANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (COUNTY) Agency’s sovereign immunity.” ARTICLE VI PERSONNEL 6.1PERSONNEL The CONSULTANTshall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAMEFUNCTION Pomsit (Pom) Chakkaphak, PESenior Project Engineer Jordan SalingerCEI Project Administrator/RCS Roy AllenCEI Inspector So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall performthe functions indicated next to their names.If they are replaced the CONSULTANT shall notify the COUNTYof the change immediately. ARTICLE VII COMPENSATION 7.1PAYMENTSUM 7.1.1 The COUNTYshall pay the CONSULTANTmonthly in current funds for the CONSULTANT’S performance of thisAgreementbased on the hourly rates outline in Attachment B. The Total Not to Exceed Amount of Two Hunderd Sixty-Four Thousand Eight Hundred Fifty-Three Dollars and Sixty-Nine Cents $(264,853.69)will apply to this Agreement. 7.2PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANTshall be paid monthly.Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 5 Packet Pg. 1549 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project (A)If the CONSULTANT’sduties, obligations and responsibilities are materially changed by amendment to this Agreementafter execution of this Agreement, compensation due to the CONSULTANTshall be equitably adjusted, either upward or downward. (B)As a condition precedent for any payment due under this Agreement, the CONSULTANTshall submit monthly, unless otherwise agreed in writing by the COUNTY, aproper invoice toCOUNTYrequesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT’sinvoice shall describe with reasonable particularity the service rendered. The CONSULTANT’sinvoice shall be accompanied by such documentation or data in support of expenses for which payment is sought asthe COUNTYmay require. 7.3REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANTin the interest of the project: a.Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b.Cost of reproducing maps or drawings or other materials used in performing the scope of services;and c.Postage and handling of reports. 7.4BUDGET 7.4.1 The CONSULTANTmay not be entitled to receive, and the COUNTYis not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 -September 30) by the BOCC. The budgeted amount may only be modified by an affirmative act of the BOCC. 7.4.2 The COUNTY’sperformance and obligation to pay under this Agreementis contingent upon an annual appropriation by the BOCCand the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 TheCONSULTANTshall obtain insurance as specifiedand maintain the requiredinsurance at all timesthatthis Agreementis in effect.In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT’sfailure to purchase or maintain the required insurance, the CONSULTANTshall indemnify the COUNTYfrom any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service ofprocess within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days’notice to the COUNTYprior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTYand shall be in a form acceptable to the COUNTY. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 8.3 CONSULTANT shall obtain and maintain the following policies: 6 Packet Pg. 1550 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project A.Workers’ Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B.Employers Liability Insurance with limits of $500,000per Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. C.Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000Property Damage or $300,000 combined single limit. D.Commercial general liability, including Personal Injury Liability,covering claims for injuries to members of the public or damage to property of others arising out ofany covered act or omissionof the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations,Products and Completed Operations,Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000per Person, $500,000per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48)months following the termination or expiration of thiscontract. E. Professional Liability, Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. Limits of liability shall be$300,000 per Occurrence / $500,000 Aggregate F.Engineer’s Errors and Omissionsinsurance of$500,000 per occurrence and $1,000,000 annual aggregate. If the policy is a “claims made” policy, CONSULTANT shall maintain coverage or purchase a “tail” to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. G.COUNTY shall be named as an additional insured with respect to CONSULTANT’s liabilities hereunder in insurance coverages identified in Paragraphs C and D. H.CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. I.CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured.The COUNTY reserves the right to require a certified copy of such policies upon request. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 7 Packet Pg. 1551 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project J.If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1SECTION HEADINGS Section headings have been inserted in this Agreementas a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2OWNERSHIP OF THE PROJECT DOCUMENTS Thedocuments prepared by the CONSULTANTfor this Project belong to the COUNTYand may be reproduced and copiedwithout acknowledgement or permission of the CONSULTANT. 9.3SUCCESSORS AND ASSIGNS The CONSULTANTshall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the BOCCand the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement.Subject to the provisions of the immediately preceding sentence, each party hereto binds itself,its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5TERMINATIONFOR CAUSE, CONVENIENCE, AND DEFAULT A.In the event that the CONSULTANTshall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days’ written notification to the CONSULTANT. B.Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days’written notice of its intention to do so. C.Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONSULTANTshould CONSULTANTfail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANTwith Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) five (5) calendar days’ notice and provide the CONSULTANTwith an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated 8 Packet Pg. 1552 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project for cause. If the COUNTY terminates this Agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY’s False Claims Ordinance, located at Section 2-721 et.al. of the Monroe County Code. D.Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60)days’ notice toCONSULTANT.If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY’s False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.6CONTRACT DOCUMENTS This contractconsists ofthesolicitation document, any addenda, theForm of Agreement (Articles I-IX), the CONSULTANT’sresponse to the RFQ,the documents referred to in the Form of Agreement as a part of this Agreement, and attachmentsA, B, C, D, E and F, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANTwill control. 9.7PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contractsto provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultantunder a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36)months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement willnot violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY’s competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section287.133, Florida Statutes, as a “public entity crime” and thatit has not been Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) formally charged with committing an act defined as a “public entity crime” regardless of the 9 Packet Pg. 1553 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a “public entity crime” or has been placed on the convicted vendor list. 9.8MAINTENANCE OF RECORDS CONSULTANTshall maintain all books, records, and documentsdirectly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of tenyears from the final payment or termination of this agreement.Each party to this Agreement orits 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 ten years following the finalpayment or termination of this Agreement. If an auditor employed by the COUNTYor Clerk determines that monies paid to CONSULTANTpursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the CONSULTANT,the CONSULTANTshall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running fromthe date the monies were paid bytheCOUNTY. Right to Audit Availability of Records. The records of the parties tothis Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner’s reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as “Records”) shall be open to inspection and subject to audit and/or reproduction by Owner’s representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion. 9.9GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State.In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,COUNTYandCONSULTANTagree that venue shalllie in th the 16Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body.This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 10 Packet Pg. 1554 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTYandCONSULTANTagree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11ATTORNEY’S FEES AND COSTS The COUNTYandCONSULTANTagree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney’s feesand costs as an award against the non-prevailing party, and shall include attorney’s fees andcosts in appellate proceedings. 9.12BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTYand CONSULTANTand their respective legal representatives, successors, and assigns. 9.13AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary Countyand corporate action, as required by law. 9.14CLAIMS FOR FEDERAL OR STATE AID CONSULTANTand COUNTYagree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTYand CONSULTANTagree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.This provision does not negate or waive the provisions concerning termination or cancellation. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 9.16COOPERATION 11 Packet Pg. 1555 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTYand CONSULTANTagree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTYand CONSULTANTspecifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17NONDISCRIMINATION CONSULTANTandCOUNTYagree that there will be no discrimination against any person, and it isexpressly 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. CONSULTANTor COUNTYagrees 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 VIIof 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 of1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and TreatmentAct 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 onthe basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal EmploymentOpportunity(30Fed.Reg.12319, 12935, 3 C.F.R.Part,1964-1965Comp.,p. 339),asamendedbyExecutiveOrder11375, AmendingExecutive Order11246Relating toEqualEmploymentOpportunity,andimplementingregulationsat41C.F.R.Part60(Office ofFederalContract CompliancePrograms,EqualEmploymentOpportunity,Departmentof Labor).See 2C.F.R.Part200,AppendixII,¶C, agrees as follows: 1)The CONSULTANTwill not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 12 Packet Pg. 1556 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2)The CONSULTANTwill, in all solicitations or advertisements for employees placed by or on behalf of the contractor, statethat all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3)The CONSULTANTwill not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access tosuch information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legalduty to furnish information. 4)The CONSULTANTwill send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5)The CONSULTANTwill comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6)The CONSULTANTwill furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7)In the event of the CONSULTANT'snon-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 9.18COVENANT OF NO INTEREST Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 13 Packet Pg. 1557 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project CONSULTANTand COUNTYcovenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19CODE OF ETHICS COUNTYagrees that officers and employees of the COUNTYrecognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one’s agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20NO SOLICITATION/PAYMENT The CONSULTANTandCOUNTYwarrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANTagrees that the COUNTYshall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21PUBLIC RECORDS COMPLIANCE. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other “public record” materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemeda material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. Sec. 119.0701 and the terms andconditions of this contract, the Contractor is required to: (1)Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County’s custodian of records, provide the County with a Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) copy of the requested records or allow the records to be inspected or copied 14 Packet Pg. 1558 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4)Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County’s request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County’s option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY’S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANTand the COUNTYin this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, 15 Packet Pg. 1559 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project nor shall any contract entered into by the COUNTYbe required to contain any provision for waiver. 9.23PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers’ compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTYshall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation orresponsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANTand theCOUNTYagree that neither the CONSULTANTnor the COUNTYor any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26ATTESTATIONSAND TRUTH IN NEGOTIATION CONSULTANTagrees to execute such documents as COUNTYmay reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.Signature of this Agreementby CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant tothe Agreementare accurate, complete, and current at the time of contracting. The original contractfeeand any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrentwagerates and otherfactual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.27NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) and no member, officer, agent or employee of Monroe County shall be liablepersonally on 16 Packet Pg. 1560 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION-It is the policy of the COUNTYthat DBE’s,as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements ofapplicable federal and state laws and regulations apply to this Agreement.TheCOUNTYand its CONSULTANTagree to ensure that DBE’s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform contracts. The COUNTYand the CONSULTANTand subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.For specific instructions, refer to FDOT form 275-030-11, Attachment E. 9.30FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment C. b).The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: Inconnection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.https://www.eeoc.gov/eeoc/internal_eeo/ Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 17 Packet Pg. 1561 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project e).The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland Security’s E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub-consultants during the term of the contract. https://e- verify.uscis.gov/web/Login.aspx f). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29, Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will utilize the FDOT Equal Opportunity Compliance (EOC) web based application designed to manage the DBE Program and ensure compliance of DBE reportingat http://www.dot.state.fl.us/equalopportunityoffice/eoc.shtm.. The EOC Contractor/Consultant module is for Prime Contractors and Consultants to report their Bidder Opportunity List, DBE Commitments, and DBE Subpayments. The Prime Contractor/Consultant is responsible for DBE reporting on Construction, Maintenance, Professional Services and Local agency contracts. During the contract, the CONSULTANT is required to report actual payments to DBE and MBE subconsultants through the web-based Equal Opportunity Compliance (EOD) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your ooperation is imperative. If you have any questions, please contact EOCHelp@dot.state.fl.us.FDOT has a race neutral program with a 10.65% goal.While DBE utilitzation is not mandatory in order to be awarded the contract, continuing utilization of DBE firms on contracts supports the success of Florida’s DBE Program. g). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency Program (LAP) Agreement between FDOT and Monroe County for this project. A copy of the Agreement is included as Attachment D. h). The CONSULTANT will complete and submit the most current version of the following FDOT forms included in Attachment F: Form Number Form Name 375-030-30Truth in Negotiation Certification 375-030-50Conflict of Interest Certification 375-030-32Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts 375-030-33Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 375-030-34Standard Form-LLL, Disclosure of Lobbying Activities (if required) 375-040-62Bid Opportunity List For Professional Consultant Services, And Commodities & Contractuals Services i). The COUNTY will perform a CONSULTANTevaluation in accordance with FDOT requirements utilizing the appropriate FDOT form after final acceptance as part of the project closeout process. j). Acquisition of tangible capital assets for COUNTY ownership through service contracts is normally not acceptable. The requirements of Rule 60A-1.017,F.A.C., must be considered when this is necessary. Property acquired as part of a service contract must be handled in accordance with FDOT Procedure No. 350-090-010, Tangible Personal Property Procedure. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 18 Packet Pg. 1562 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project k). Allowable Costs: CONSULTANT shall refer to Code of Federal Regulations: 48 C.F.R. Part 31, Subpart 31.2 -Contracts With Commercial Organizations for cost principles and definitions of allowable costs. 9.31 Scrutinized Companies: For Contracts of any amount, if the County determines that the Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 19 Packet Pg. 1563 T.2.a Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) Packet Pg. 1564 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project ATTACHMENT A SCOPE OF BASIC SERVICES (Executed uponcontract award) SCOPE OF WORK 1.0 The Consultant shall provide Construction Engineering and Inspection Services for the Lower Keys Scenic Highway Viewing Area Project. The Lower Keys Scenic Highway Viewing Area project is located at mile marker 29.5 in Monroe County, Florida. The Lower Keys Scenic Highway Viewing Area project is approximately four acres of land with a man-made burrow pit that is connected to the Big Pine Key South Channel. The intent is to develop this property as a Scenic Overlook that is connected to the Florida Keys Overseas Heritage Trail. The major scope items associated with the project include, but are not limited to: Over-water wooden boardwalk system with an observation tower, Restroom building with lift station and associated utilities, Vender / storage building, Multiple shade structures with palm thatched roofing, Gravel Parking area, Concrete pedestrian paths, Asphalt driveway access to U.S.1 and associated striping, Site furnishings, Regulatory signage, Site demolition to include selective tree removal, and removal or redistribution of spoil pile, Mangrove trimming and associated permits, Floating Kayak launch, Limited trail construction through vegetation removal, Project M.O.T., Site utilities, Landscape installation, Construction permitting and General site preparation. The project is being administered through the Florida Department of Transportation’s (FDOT’s) Local Agency Program (LAP); the Consultant will comply with all LAP requirements. The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Contract. Pursuant to Section 4.1.4 of the FDOT’s Construction Project Administration Manual (CPAM), the authority of the Consultant’s lead person, such as the Senior Project Engineer, and the Consultant’s Project Administrator shall be identical to the Department’s Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with the LAP requirements, FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Task Order unless otherwise directed in writing by the County. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the County and the Contractor either directly or indirectly. The Consultant shall utilize https://everify.uscis.gov/enroll the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any sub consultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the sub consultant during the Contract term. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 21 Packet Pg. 1565 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 2.0 LENGTH OF SERVICE / MILESTONE DATES: The Consultant services for the Construction Contract shall begin upon written notification to proceed by County. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two (2) weeks of notification. For the duration of the project, the Consultant shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract. Milestone dates/ length of service- P leasenote the following special milestone dates: 1.Proposal Documents AvailableMarch 29, 2018 2.Deadline for Questions (10or more days prior to opening)April 18, 2018 3.Proposal Due Date May 2,2018 4.Oral Presentation and Selection Committee Ranking(Anticipated)June 2, 2018 5.FDOT approval of selection(Anticipated)June 10, 2018 6.Posting to Demandstar Notice of Intended Decision (Anticipated)June 11, 2018 7.BOCC request to start negotiations (Anticipated)July 18, 2018 8.Negotations completed bySeptember 18, 2018 9.BOCC Award Date (Anticipated)January 23, 2019 10.CEI Contract Award ( Anticipated)February 23, 2019 11.CEI Construction duration330 days 3.0 DEFINITIONS: A. Resident Engineer: The Engineer assigned to a particular Project or area to administer Construction Contracts for the County. B. Construction Project Manager: The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement. C. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 22 Packet Pg. 1566 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project D. Consultant: The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. E. Agreement: The Professional Services Agreement between the County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. F. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. G. Consultant Project Administrator: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for one or more Construction Projects. H. Contractor: The individual, firm, or company contracting with the County for performance of work or furnishing of materials. I. Construction Contract: The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. J. CPAM: Florida Department of Transportation, Construction Project Administration Manual; latest. K. Department: Florida Department of Transportation. L. F.D.O.T.: Florida Department of Transportation. M. County: Monroe County Board of County Commissioners. 4.0 REQUIREMENTS: 4.1 General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. The Consultant shall observe the Contractor’s work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. The Consultant is hereby designated by the County to negotiate Supplemental Agreements. However, the Consultant must seek input from the Construction Project Manager. The Consultant shall prepare the Supplemental Agreement as a recommendation to the County, which the County may accept, modify or reject upon review. The Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action or direction. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 23 Packet Pg. 1567 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 4.2 Survey Control: The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary to calculate and document quantities for pay items; (2) make and record pre-construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project; and (3) perform incidental engineering surveys. The Senior Project Engineer will establish the specific survey requirements for each project prior to construction. Any questions or requests for “Waiver of Survey” should be directed to the Senior Project Engineer. 4.3 On-site Inspection: The Consultant shall monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. The County will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor’s Work Zone traffic control plan and review of modifications to the Work Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant employees performing such services shall be qualified in accordance with F.D.O.T. department procedure. 4.4 Sampling and Testing: The Consultant shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the project for verification and acceptance. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done. If required, the Consultant will transport samples to be tested in a Department laboratory to the appropriate laboratory or appropriate local FDOT facility. The Consultant will input verification testing information and data into the Department’s LIMS system database using written instructions provided by the Department. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 24 Packet Pg. 1568 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project The Consultant will review and approve contractor samples in FDOT’s LIMS system. The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. Sampling, testing and laboratory methods shall be as required by the Department's Standard Specifications, Supplemental Specifications or as modified by the special provisions of the Construction Contract. 4.5 Engineering Services: The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the County for failure of such parties to follow written direction issued by the Consultant. Services include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract, maintaining complete, accurate records of all activities and events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services: (1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-construction conference for the project in accordance with County and FDOT LAP procedures. The Consultant shall provide appropriate staff to attend and participate in the pre-construction meeting. (2) The Consultant shall record a complete and concise record of the proceedings of the pre-construction meeting and distribute copies of this summary to the participants and other interested parties within seven (7) days. (3) Analyze the Contractor’s schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (4) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. (5) Analyze problems that arise on a project and proposals submitted by the Contractor, endeavor to resolve such issues, and process the necessary paperwork. (6) Produce reports, verify quantity calculations, field measure for payment purposes as needed to prevent delays in Contractor operations and ensure prompt processing of such information in order for the County to make timely payment to the Contractor. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 25 Packet Pg. 1569 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project (7) Provide Public Information services as required to manage inquiries from the public, public officials, and the news media. Prepare newsletters for distribution to adjacent property owners. The County Construction Project Manager shall approve all notices, brochures, responses to news media, etc., prior to release. (8) Prepare and submit to the Construction Project Manager monthly, a Construction Status Reporting System (CSRS) report. (9) Schedule and conduct a meeting with the County Engineering Office at least forty-five (45) calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as-builts, necessary to close out the permit(s). (10) Video tape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (11) The Consultant shall have a digital camera for photographic documentation of noteworthy incidents or events to cover the following areas: (a). Pre-construction photographs (b). Normal and exceptional progress of work (c). Critical path activities (d). Accidents showing damage (e). Unsafe working conditions (f). Unusual construction techniques (g). Damaged equipment or materials (h). Any activity, which may result in claims These photographs will be filed and maintained on the Consultant’s computer. Copies of photographs will be electronically transferred to the County at an interval determined by the Senior Project Engineer and the Construction Project Manager. The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and/or Final Acceptance. (12) Monitor each Contractor and Subcontractor’s compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with FDOT LAP Department procedures. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 26 Packet Pg. 1570 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project (13) Provide a Resident Compliance Specialist for surveillance of the Contractor’s compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll, and Subcontracts. The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested. (14) As needed, prepare and make presentation before the Dispute Review Boards in connection with the project covered by this Agreement. 5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT: A. The County, on as needed basis, will furnish the following Construction Contract documents for this project. These documents may be provided in either paper or electronic format. 1 Construction Documents (drawings, specifications) 2 Special Provisions 3 Copy of the executed Construction Contract. 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 County Documents: All applicable documents referenced herein shall be a condition of this Agreement. 6.2 Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.3 Field Equipment: The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those non-consumable and non-expendable items, which are normally needed for a CEI project and are essential in order to carry out the work under this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. The Consultant’s handling of nuclear density gauges shall be in compliance with their license. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 27 Packet Pg. 1571 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 6.4 Licensing for Equipment Operations: The Consultant will be responsible for obtaining proper licenses for equipment and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the County, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON: The Consultant shall keep the Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant’s performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. 8.0 PERSONNEL: 8.1 General Requirements: The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Not all positions listed below may be required; however, personnel performing a specific task must have the qualifications required for the task. Unless otherwise agreed by the County, the County will not compensate straight overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Specialist. 8.2 Personnel Qualifications: The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two (2) weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the Consultant within one (1) week of County notification. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 28 Packet Pg. 1572 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for obtaining the duties of the position they hold. Cross training of the Consultant’s project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The County Engineer or designee will have the final approval authority. CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six (6) months) and six (6) years of engineering experience \[two (2) years of which are in major road and bridge construction\], or for non-degreed personnel, the aforementioned registration and ten (10) years of engineering experience \[two (2) years of which are in major road or bridge construction\]. Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with County standards. Also must have the following: Qualification: FDOT Advanced MOT Pass the CTQP examination covering the training video “Grouting of Bridge Post-tensioning Tendons” (If applicable). Attend the CTQP Quality Control Manager course and pass the examination. Certifications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CEI PROJECT ADMINISTRATOR -A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road and bridge structures. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT; Pass the CTQP examination covering the training video “Grouting of Bridge Post-tensioning Tendons” (If applicable) CTQP Final Estimates Level II. Certifications: None Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 29 Packet Pg. 1573 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Other: Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience. CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High School diploma or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the County’s Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in CTQP Final Estimates Level II course and maintain a current qualification. CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN – High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection. Must have the following: Qualifications: CTQP Concrete Field Inspector Level I CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level II (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable) CTQP Grouting Technician Level I (If applicable) CTQP Post-Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level I Certifications: Nuclear Radiation Safety Or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the ability to earn additional required qualifications within one (1) year. (Note: Senior Engineer Intern classification requires Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) one (1) year experience as an Engineer Intern.) 30 Packet Pg. 1574 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. 8.3 Staffing: Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. 9.0 QUALITY ASSURANCE (QA) PROGRAM: 9.1 Quality Reviews: The Consultant shall conduct semi-annual reviews to make certain his own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi-annual reviews shall be submitted to the Construction Project Manager in written form no later than one (1) month after the review. On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two (2) months of the start of construction. 9.2 QA Plan: Within thirty (30) days after receiving award of an Agreement, the Consultant shall furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant’s organization to assure conformance with the Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) organization performing the work under the Agreement. The authority, responsibilities and autonomy of the 31 Packet Pg. 1575 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Reviews: The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Records: The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D. Control of Sub-consultants and Vendors: The Consultant will detail the methods used to control sub-consultants and vendor quality. E. Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and County procedures. 9.3 Quality Records: The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 10.0 CERTIFICATION OF FINAL ESTIMATES: 10.1 Final Estimate and As-Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Consultant’s approved QC Plan and the County’s Procedures. Submit the Final Estimate(s) and three (3) sets of final as built plans documenting Contractor’s work (one record set with two copies) as follows: (a) Within thirty (30) calendar days after final acceptance; or (b) Where all items of work are complete and conditional/partial acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty (30) calendar days, the final estimate(s) will be due on the thirtieth (30th) day after conditional/partial acceptance. A memorandum with documentation will be transmitted to the Director of Engineering Services at final acceptance detailing any necessary revisions to Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) the pay items covered under the conditional/partial acceptance. 32 Packet Pg. 1576 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project The Consultant shall be responsible for making any revisions to the Certified Final Estimate. 10.2 Certification: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Department procedures. 11.0 SUBCONSULTANT SERVICES: Upon written approval by the Construction Project Manager and the County, and prior to performance of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized professional services. 12.0 OTHER SERVICES: Upon written authorization by the Director of Engineering Services or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. C. Provide on- and off-site inspection services in addition to those provided for in this Agreement. 13.0 POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to this Agreement. 14.0 CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant’s proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 15.0 THIRD PARTY BENEFICIARY: It is specifically agreed between the parties executing this Agreement that it is not intended by any of the Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of 33 Packet Pg. 1577 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 16.0 COUNTY AUTHORITY: The County shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein. Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 34 Packet Pg. 1578 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project ATTACHMENT B HOURLY RATES (to be inserted only in contract awardphase) PERSONNEL CLASSIFICATIONSHOURLY BILLING RATES SENIOR PROJECT ENGINEER$216.22 CEI PROJECT ADMINISTRATOR / RCS$103.84 CEI INSPECTOR$72.36 Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 35 Packet Pg. 1579 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project ATTACHMENT C FDOT FORM 375-040-84 APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 36 Packet Pg. 1580 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 37 Packet Pg. 1581 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 38 Packet Pg. 1582 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 39 Packet Pg. 1583 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project ATTACHMENT D CONSTRUCTION LAP AGREEMENT Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 40 Packet Pg. 1584 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 41 Packet Pg. 1585 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 42 Packet Pg. 1586 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 43 Packet Pg. 1587 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 44 Packet Pg. 1588 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 45 Packet Pg. 1589 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 46 Packet Pg. 1590 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 47 Packet Pg. 1591 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 48 Packet Pg. 1592 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 49 Packet Pg. 1593 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 50 Packet Pg. 1594 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 51 Packet Pg. 1595 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 52 Packet Pg. 1596 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 53 Packet Pg. 1597 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 54 Packet Pg. 1598 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 55 Packet Pg. 1599 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 56 Packet Pg. 1600 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 57 Packet Pg. 1601 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 58 Packet Pg. 1602 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 59 Packet Pg. 1603 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment E FDOT DBE Instruction form 275-030-11 60 Packet Pg. 1604 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 61 Packet Pg. 1605 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 62 Packet Pg. 1606 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project ATTACHMENT F COUNTY AND FDOT FORMS o Lobbying and Conflict of Interest Clause o Non-Collusion Affidavit o Drug Free Workplace o Respondent’s Insurance and Indemnification Statement o Insurance Agent’s Statement o Public Entity Crimes Statement o Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts o Certification of Disclosure of Lobbying Activities on Federal Aid Contracts o Conflict of Interest Certification o Truth in Negotiation Certification o Vendor Certification Regaridng Scrutinized Companies Lists Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 63 Packet Pg. 1607 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company/indivdual)warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreementwithout liability and may also, in its discretion, deduct from the Agreementor purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced as identification. (type of identification) NOTARY PUBLIC (SEAL) My commission expires: Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 64 Packet Pg. 1608 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project NON-COLLUSION AFFIDAVIT I, according to law,on my oath, and under penalty of perjury, depose and say that: 1.I am of the firm of the bidder making the Proposal for the project described in the Requestfor Competitive Solicitations for: and that I executed the said proposal with full authority todo so. 2.The prices in this proposalhave been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/responder or with any competitor. 3.Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder/responderand will not knowingly be disclosed by the bidder prior tothe openingof the responses, directly or indirectly, to any other bidder/responder or to any competitor. 4.No attempt has been made or will be made bythe bidder/responderto induce any other person, partnership or corporation tosubmit, or not to submit, a proposalfor the purpose of restricting competition. 5.The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Respondent)(Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _____ day of 20. NOTARY PUBLIC My Commission Expires: Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) (SEAL) 65 Packet Pg. 1609 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: _____________________________________________________________________ (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms ofthe statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ________________________________________ Respondent’sSignature ___________________________ Date NOTARY PUBLIC My Commission Expires: (SEAL) Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 66 Packet Pg. 1610 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project Respondent’sInsurance and Indemnification Statement Insurance RequirementRequiredLimits Worker’s CompensationStatutory Limits Employer’s Liability$500,000/$500,000/$500,000 General Liability $300,000 per Person, $500,000 per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit Business Auto / Vehicle Liability $200,000 per Person, $300,000 Per occurrence, $200,000 Property Damage or $300,000 Combined Single Limit Professional Liability$300,000per occurrence $500,000aggregate Engineer’s Errors and Omissions $500,000 per occurrence and $1,000,000 annual aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The CONSULTANTcovenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT’s failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County’s behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liabilityis in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT’S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. RespondentSignature Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 67 Packet Pg. 1611 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICYDEDUCTIBLES ________________________________________________________________ Liability policies are Occurrence Claims Made Insurance AgencySignature Print Name: _________________________ Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 68 Packet Pg. 1612 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project PUBLICENTITY CRIMESTATEMENT “Apersonoraffiliatewhohasbeenplacedontheconvictedvendorlistfollowingaconvictionfor publicentitycrimemaynotsubmitabidonacontracttoprovideanygoodsorservicestoa publicentity,maynotsubmitabidonacontractwithapublicentityfortheconstructionorrepair ofapublicbuildingorpublicwork,maynotsubmitbidsonleasesofrealpropertytopublic entity,maynotbeawardedorperformworkasacontractor,supplier,subcontractor,or CONTRACTORunderacontractwithanypublicentity,andmaynottransactbusinesswith any publicentityinexcessofthethresholdamountprovidedinSection287.017,FloridaStatutes, forCATEGORYTWO for aperiod of36 months fromthedateofbeingplacedon the convicted vendor list.” Ihavereadtheaboveandstatethatneither (Proposer’s name)nor anyAffiliate hasbeenplacedon the convictedvendor list within thelast 36 months. (Signature) Date: STATEOF: COUNTY OF: Subscribedandswornto (oraffirmed)before me onthe______dayof_________________, 2018 by (nameofaffiant).He/She is personallyknown to me orhasproduced (typeof identification) asidentification. MyCommissionExpires: _______________________________ NOTARYPUBLIC (SEAL) Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 69 Packet Pg. 1613 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 70 Packet Pg. 1614 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 71 Packet Pg. 1615 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 72 Packet Pg. 1616 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project 73 Packet Pg. 1617 T.2.a CEI Services for the Lower Keys Scenic Highway Viewing Area Project VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):________________________________________________________________ Respondent Vendor Name: ____________________________________________________________ Vendor FEIN: ________________________________________________________________________ Vendor’s Authorized Representative Name and Title: ______________________________________ Address: ___________________________________________________________________________ City: _________________________ State: __________________________ Zip: __________________ Phone Number_________________________ Email Address: _______________________________ Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled “Respondent Vendor Name” is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney’s fees, and/or costs. I further understand that any contract with the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israelor placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: ______________________________________________________, who is authorized to sign on behalf of the above referenced company. Authorized Signature:_________________________________________________________________ Print Name:_________________________________________________________________________ _ Title:__________________________________________________________________________ Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicte d_suspended_discriminatory_complaints_vendor_lists Attachment: Lower Keys Scenic Hwy - CEI Services Contract Chris A. final stamped 1.9.19 (Big Pine Swimming Hole CEI Contract) 74 Packet Pg. 1618 Attachment: Final RFQ Ranking sheet Big Pine Swimming Hole CEI - 6-1-18 (Big Pine Swimming Hole CEI T.2.b Packet Pg. 1619 Attachment: Respondent Tabulation Sheet Big Pine Swimming Hole CEI (Big Pine Swimming Hole CEI T.2.c Packet Pg. 1620 against the RFQRFQRFQ BID AMOUNT T 3:00 PM A BID BOND May 2, 2018 BUDGET AND FINANCE TABULATION SHEET stings. All bids listed above were received by the date and time specified. PURCHASING DEPARTMENT MONROE COUNTY, FLORIDA OPEN DATE: N/A : WSP RS & H OMB RESPONDENT Chris Rivera : AE Engineering, Inc. CEI SERVICES FOR THE LOWER KEYS SCENIC HIGHWAY VIEWING PROJECT Lisa Abreu, TITLE: Committee Present Bid Members of the Public Present I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checkedState of Florida Convicted & Suspended Vendor liBid Opened By: