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1. 01/16/2014 Agreement
AMY REAVILIN, CPA ' CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: January 17, 2014 TO: Judy Clarke, PE Director of Engineering ATTN. Breanne Erickson FROM: Vitia Fernandez, D. C!'i At the January 17, 2014 Board of County Cbt'rimissioner's meeting the Board granted approval and authorized execution of the following items: Item C16 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with T.Y. Lin International/H.J. Ross for a period of 4 years with option to renew for one additional year. T.Y. Lin International/H.J. Ross was one of the seven (7) highest ranked respondents to the RFQ. V Item C17 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with Kisinger Campo & Associates. for a period of 4 years with option to renew for one additional year. Kisinger Campo & Associates was one of the seven (7) highest ranked respondents to the RFQ. Item C18 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with EAC Consulting Inc. for a period of 4 years with option to renew for one additional year. EAC Consulting Inc. was one of the seven (7) highest ranked respondents to the RFQ. Item C19 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with Keith & Schnars, P.A. for a period of 4 years with option to renew for one additional year. Keith & Schnars P.A. was one of the seven (7) highest ranked respondents to the RFQ. Item C20 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with CDM Smith Inc. for a period of 4 years with option to renew for one additional year. CDM Smith Inc. was one of the seven (7) highest ranked respondents to the RFQ. Item C21 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with HDR Engineering Inc. for a period of 4 years with option to renew for one additional year. HDR Engineering Inc. was one of the seven (7) highest ranked respondents to the RFQ. Item C22 Board granted approval to enter into an Agreement for On Call Professional Engineering Services with Stantec Consulting Services Inc. for a period of 4 years with option to renew for one additional year. Stantec Consulting Services Inc. was one of the seven (7) highest ranked respondents to the RFQ. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions please do not hesitate to contact this office Cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 -295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ( "Agreement') made and entered into this 1(D Ile. Tahu day of `a 20N by and between Monroe County, a political subdivision of the State of Florida, w e 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 Kisinger Campo & Associates, a Corporation of the State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa, Florida 33602, its successors and assigns, hereinafter referred to as "CONSULTANT', WHEREAS, COUNTY desires to employ t for various County Projects located in Mon WHEREAS, CONSULTANT has agreed to in which construction costs do not exceed vices of CONSULTANT Jr miscellaneous projects The professional services required by this vviii uc ivi services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NUW, I HERLFUNE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANTS services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, m its recruiting, hiring, promoting, terminating, or cny ether arcc cffcc*, ?ng crnr!oymont under this agreement or with the provision of services or goods under this agreement. ARTICLE it SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2 -216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the Consultant: Jason LaBarbera, P.E. 201 N Franklin Street, Ste. 400 Tampa, Florida 33602 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, easonaLie a�iurY Heys' fees, to the extent caused by the negligcnce, rccklcssness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is 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 CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME Jason LaBarbera, P.E. David B. Thompson, P.E. Sam Cullum, P.E. Patrick Mulhearn, P.E. Robert Whitman Mark Eas FUNCTION Project Manager Chief Engineer Engineer Enaineer Chief Environmental Scientist Chief Environmental Scientist So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANTS duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANTS invoice shall describe with reasonable particularity the service rendered. The CONSULTANTS invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non - owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 9.2 9.3 9.4 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees 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 VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 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 Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title 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 may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, 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. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for Professional Services. FDOT has a race neutral program with an 8.6% goal. g). Executed copies of the FDOT Certification for Disclosure of Lobbying Activities on Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) Attest: BY: Pfonald E. Go %/ident Title: Senior Vice By: Mayor /Ch rman CONSULTANT (Kisinger Campo & sociates, Corp.) By: y Paul G. Fol , P.E. Title: President END OF AGREEMENT MONROE COUNTY ATTORNEY C( °► PPR VED AS TO FORM: i •Q.�. )oj1:t- �� nrry.L CHRISTINE M. LIMBERT- BARROWS ASSISTANT COUNTY ATTORNEY Date IT[4 a g o, �n Z Ii�f h�OZ Date: 1. 1-1 • c , 014 ATTACHMENT A CONSULTANT RATES / KISINGER CAMPO & ASSOCIATES CORP. engineering - inspection - planning MONROE COUNTY - ON -CALL SERVICES HOURLY BILLING RATE SCHEDULE 2013 Average Hourly Job Classification Billing Rate* Project Manager $ 177.00 Chief Engineer $ 228.00 Senior Engineer $ 178.00 Engineer $ 139.00 Senior Designer $ 136.00 Designer $ 96.00 CADD /Computer Technician $ 87.00 Chief Scientist $ 159.00 Senior Scientist $ 122.00 Environmental Specialist $ 100.00 Software Developer / GIS Manager $ 128.00 GIS Specialist $ 90.00 Field Technician $ 77.00 Certified Bridge Inspector (CBI) $ 115.00 Bridge Inspector Assistant $ 84.00 EDMS Technician $ 79.00 Secretary /Clerical $ 63.00 `Please note: 1) Billing Rates include salary, overhead and fixed fee... but do not include expenses. 2) Billing Rates effective for the 4 -year contract term and 1 -year renewal, if time extension option is exercised K#- 2 MONROE COUNTY - ON -CALL SERVICES HOURLY BILLING RATE SCHEDULE 2013 Average Hourly Job Classification Billing Rate* Senior Project Engineer - CEI $ 157.00 Project Administrator - CEI $ 122.00 Senior Inspector - CEI $ 79.00 Inspector - CEI $ 62.00 Secretary /Clerical - CEI $ 51.00 `Please note: 1) Billing Rates include salary, overhead and fixed fee ... but do not include expenses. 2) Billing Rates effective for the 4 -year contract term and 1 -year renewal, if time extension option is exercised .� on `�.. in LC�d INTERA INCORPORATED FY 2014 Billing Rates Principal Engineer /Scientist 1 $230 Principal Engineer/ Scientist II $205 Principal Engineer/ Scientist III $190 Sr. Engineer /Scientist 1 $175 Sr. Engineer /Scientist II $155 Sr. Engineer /Scientist III $135 Sr. Engineer /Scientist IV $130 Engineer /Scientist 1 $115 Engineer /Scientist II $100 Engineer /Scientist III $90 Engineer /Scientist IV $80 QA Engineer 1 $185 Sr. CAD /Graphics $80 CAD /Graphics $70 Sr. Technician $95 Technician $65 Sr. Project Analyst $170 Project Associate $70 Sr. Technical Editor $95 Technical Editor $70 IT $75 Sr. Computer Programmer $200 Computer Programmer 1 $135 Computer Programmer II $90 Engineering /Scientist Intern $70 �LJ�lMLA%= PROFESSIONAL SERVICES ENGINEERING HOURLY RATE SCHEDULE Effective August 21, 2013 Engineer IX $ 190.00 Principal Ecologist $ 170.00 Engineer VIII $ 170.00 Ecologist IV $ 150.00 Engineer VII $ 160.00 Ecologist III $ 130.00 Engineer VI $ 150.00 Ecologist 11 $ 115.00 Engineer V $ 135.00 Ecologist 1 $ 100.00 Engineer IV $ 125.00 Engineer Intern III $ 115.00 Expert Witness $ 250.00 Engineer Intern 11 $ 105.00 Engineer Intern 1 $ 95.00 Surveyor and Mapper VI $ 190.00 Surveyor and Mapper V $ 170.00 Development Project Coordinator $ 115.00 Surveyor and Mapper IV $ 150.00 Surveyor and Mapper III $ 125.00 Project Director $ 145.00 Surveyor and Mapper 11 $ 115.00 Designer IV $ 135.00 Surveyor and Mapper I $ 100.00 Designer III $ 115.00 Designer II $ 90.00 StarVAC w /Water Truck Four -Man Party $ 330.00 Designer 1 $ 80.00 StarVAC w /Water Truck Three -Man Party $ 280.00 StarVAC w /Four -Man Party $ 290.00 Technician IV $ 100.00 StarVAC w/Three -Man Party $ 265.00 Technician III $ 75.00 Technician II $ 65.00 Two -Man Field Party $ 135.00 Technician 1 $ 55.00 Three -Man Field Party $ 160.00 Four -Man Field Party $ 170.00 Hydrogeologist V $ 150.00 Hydrographic Field Party $ 225.00 Hydrogeologist IV $ 135.00 GPS Mapping Grade: One -Man Party $ 90.00 Hydrogeologist III $ 125.00 GPS Mapping Grade: Two -Man Party $ 130.00 Hydrogeologist 11 $ 100.00 GPS Mapping Grade: Three -Man Party $ 170.00 Hydrogeologist 1 $ 90.00 GPS Surveying Grade: One or Two -Man Party $ 170.00 GPS Surveying Grade: Three -Man Party $ 180.00 Environmental Scientist V $ 120.00 Environmental Scientist IV $ 100.00 Principal GIS Consultant $ 170.00 Environmental Scientist III $ 85.00 GIS Consultant IV $ 170.00 Environmental Scientist II $ 65.00 GIS Consultant III $ 135.00 Environmental Scientist 1 $ 55.00 GIS Consultant II $ 110.00 GIS Consultant 1 $ 90.00 Principal Planner 11 $ 170.00 GIS Technician III $ 80.00 Principal Planner 1 $ 150.00 GIS Technician II $ 70.00 Senior Planner $ 135.00 GIS Technician 1 $ 60.00 Planner IV $ 125.00 Planner III $ 1 10.00 CONSTRUCTION OBSERVATION SERVICES Planner 11 $ 95.00 Senior Project Engineer $ 170.00 Planner 1 $ 85.00 Construction Observation Services Manager $ 150.00 Planning Technician III $ 80.00 Project Administrator $ 125.00 Planning Technician 11 $ 70.00 Contract Support Specialist $ 110.00 Planning Technician 1 $ 60.00 Senior Construction Observer 11 $ 100.00 Senior Construction Observer 1 $ 90.00 Grant Proposal Manager $ 95.00 Construction Observer III $ 75.00 Grant Administrator $ 90.00 Construction Observer 11 $ 65.00 Grant Writer $ 75.00 Construction Observer 1 $ 55.00 Resident Compliance Specialist (RCS) $ 65.00 Principal Landscape Architect $ 170.00 Managing Landscape Architect $ 140.00 REIMBURSABLE EXPENSES Senior Landscape Architect $ 130.00 Materials Cost + 10% Landscape Architect $ 120.00 Sub - Consultant Services Cost + 10% Senior Landscape Designer $ 105.00 Project Landscape Designer $ 85.00 Landscape Designer 11 $ 78.00 Landscape Designer 1 $ 72.00 Page I of I consulting engineers 301 East Atlantic Boulevard, Pom Beac Florida 330 -6643 Tel: 954- 788 -3400 Fax: 954 -788 -3500 Subsurface Utility Locating a Utility Coordination HOURLY RATES AND FEE SCHEDULE TITLE RATE Project Manager $ 130.00 Sr Utility Coordinator $ 120.00 Utility Coordinator $ 105.00 Utility Locator $ 65.00 Technician $ 55.00 CADD Technician $ 65.00 Administrative Assistant $ 50.00 Ground Penetrating Radar $ 200.00 /Hour Subsurface Utility Designation /GP $ 1,600.00 /Day Vacuum Excavations Pervious $ 290.00 /Each Vacuum Excavations Impervious $ 400.00 /Each Maintenance of Traffic $ 150.00 /Day TIERRA SOUTH FLORIDA, INC UNIT FEE SCHEDULE (FIELD AND LABORATORY TESTING SERVICES) Page 1 of 3 Unit # of Units Unit Price Total I. FIELD INVESTIGATION Mobilization of Men and Equipment Truck - Mounted Equipment Each 0 $ 350.00 $ 0.00 Specialized ATV /Mudbug Each 0 $ 700.00 $ 0.00 Support Vehicle Each 0 $ 150.00 $ 0.00 Barge- Mounted Equipment Day 0 $ 7300.00 $ 0.00 Crane Rental Hour 0 $ 190.00 $ 0.00 Crash Attenuar Truck Hour 0 $ 115.00 $ 0.00 Mob Between Holes Each 0 $ 150.00 $ 0.00 Support Boat Day 0 $ 500.00 $ 0.00 Open /Close Guard Rail Each 0 $ 550.00 $ 0.00 Standard Penetration Test Borings (By Truck - Mounted Equipment) Land: 0 - 50 ft depth L.F. 0 $ 14.50 $ 0.00 50 - 100 ft depth L.F. 0 $ 17.75 $ 0.00 100 - 150 ft depth L.F. 0 $ 29.00 $ 0.00 Standard Penetration Test Borings (By ATV /Mudbug) Land: 0 - 50 ft depth L.F. 0 $ 15.25 $ 0.00 50 - 100 ft depth L.F. 0 $ 18.50 $ 0.00 100 - 150 ft depth L.F. 0 $ 31.00 $ 0.00 Standard Penetration Test Borings (By CME 850 (Track- Mounted)) Land: 0 - 50 ft depth L.F. 0 $ 17.85 $ 0.00 50 - 100 ft depth L.F. 0 $ 24.00 $ 0.00 100 - 150 ft depth L.F. 0 $ 28.75 $ 0.00 Standard Penetration Test Borings (By Barge- Mounted Equipment) Land: 0 - 50 ft depth L.F. 0 $ 20.00 $ 0.00 50 - 100 ft depth L.F. 0 $ 27.00 $ 0.00 100 - 150 ft depth L.F. 0 $ 50.00 $ 0.00 Grout -Seal Boreholes (By Truck - Mounted Equipment) Land: 0 - 50 ft depth L.F. 0 $ 6.50 $ 0.00 50 - 100 ft depth L.F. 0 $ 8.00 $ 0.00 100 - 150 ft depth L.F. 0 $ 9.50 $ 0.00 Grout -Seal Boreholes (By ATV /Mudbug) Land: 0 - 50 ft depth L.F. 0 $ 7.25 $ 0.00 50 - 100 ft depth L.F. 0 $ 8.25 $ 0.00 100 - 150 ft depth L.F. 0 $ 10.00 $ 0.00 Grout -Seal Boreholes (By CME 850 (Track- Mounted)) Land: 0 - 50 ft depth L.F. 0 $ 8.25 $ 0.00 50 - 100 ft depth L.F. 0 $ 9.50 $ 0.00 100 - 150 ft depth L.F. 0 $ 14.50 $ 0.00 Grout -Seal Boreholes (By Barge- Mounted Equipment) Land: 0 - 50 ft depth L.F. 0 $ 9.00 $ 0.00 50 - 100 ft depth L.F. 0 $ 10.50 $ 0.00 100 - 150 ft depth L.F. 0 $ 16.00 $ 0.00 Page 1 of 3 TIERRA SOUTH FLORIDA, INC UNIT FEE SCHEDULE (FIELD AND LABORATORY TESTING SERVICES) Casing Allowance (By Truck - Mounted Equipment) Land: 0 - 50 ft depth L.F. 0 $ 8.00 $ 0.00 50 - 100 ft depth L.F. 0 $ 9.75 $ 0.00 100 - 150 ft depth L.F. 0 $ 11.50 $ 0.00 Casing Allowance (By ATV /Mudbug) Land: 0 - 50 ft depth L.F. 0 $ 9.75 $ 0.00 50 - 100 ft depth L.F. 0 $ 13.25 $ 0.00 100 - 150 ft depth L.F. 0 $ 16.50 $ 0.00 Casing Allowance (By CME 850 (Track- Mounted)) Land: 0 - 50 ft depth L.F. 0 $ 12.00 $ 0.00 50 - 100 ft depth L.F. 0 $ 14.50 $ 0.00 100 - 150 ft depth L.F. 0 $ 16.50 $ 0.00 Casing Allowance (By Barge- Mounted Equipment) Land: 0 - 50 ft depth L.F. 0 $ 13.50 $ 0.00 50 - 100 ft depth L.F. 0 $ 16.50 $ 0.00 100 - 150 ft depth L.F. 0 $ 18.75 $ 0.00 Rock Coring (Structures) (By Truck - Mounted Equipment) 0 - 50 ft deep L.F. 0 $ 68.50 $ 0.00 50 - 100 ft deep L.F. 0 $ 82.50 $ 0.00 Rock Coring (Structures) (By ATV /Mudbug) 0 - 50 ft deep L.F. 0 $ 75.00 $ 0.00 50 - 100 ft deep L.F. 0 $ 85.00 $ 0.00 Rock Coring (Structures) (By CME 850 (Track- Mounted)) 0 - 50 ft deep L.F. 0 $ 75.00 $ 0.00 50 - 100 ft deep L.F. 0 $ 85.00 $ 0.00 Rock Coring (Structures) (By Barge- Mounted Equipment) 0 - 50 ft deep L.F. 0 $ 75.00 $ 0.00 50 - 100 ft deep L.F. 0 $ 85.00 $ 0.00 100 - 150 ft deep L.F. 0 $ 95.00 $ 0.00 Field Permeability Tests (BoreHole Perc) Each 0 $ 450.00 $ 0.00 Flagmen & Barricades (2 man crew) Day 0 $ 900.00 $ 0.00 Flagmen & Barricades (2 man crew) Night 0 $ 1200.00 $ 0.00 Florida Patrolmen (Traffic Control) Hour 0 $ 50.00 $ 0.00 Sr. Eng Tech (Traffic Control) Hour 0 $ 88.30 $ 0.00 Arrow Rental Sign Day 0 $ 106.69 $ 0.00 Cones Barricades Day 0 $ 212.18 $ 0.00 Variable Message Board Day 0 $ 159.14 $ 0.00 Auger Borings (Roadway) L.F. 0 $ 10.50 $ 0.00 Page 2 of 3 TIERRA SOUTH FLORIDA, INC UNIT FEE SCHEDULE (FIELD AND LABORATORY TESTING SERVICES) Extra Split Spoon Samples Land: 0 -50 ft depth Each 0 $ 42.00 $ 0.00 50 -100 ft depth Each 0 $ 48.00 $ 0.00 Hand Muck Probes (2 -man crew) Day 0 $ 900.00 $ 0.00 2 -Inch Piezometer Installation L.F. 0 $ 45.00 $ 0.00 Standby /Decontamination Hour 0 $ 200.00 $ 0.00 (Drill Rig & Crew) Piezometer Permit Each 0 $ 70.00 $ 0.00 Double Ring Infiltration Test Each 0 $ 500.00 $ 0.00 Pavement Cores, Asphalt Each 0 $ 105.00 $ 0.00 Pavement Cores, Concrete Each 0 $ 105.00 $ 0.00 II. LABORATORY TESTING Natural Moisture Content Tests Each 0 $ 10.00 $ 0.00 Grain -Size Analysis - Full Gradation Each 0 $ 65.00 $ 0.00 Grain -Size Analysis - Single Sieve Each 0 $ 30.00 $ 0.00 Organic Content Tests Each 0 $ 50.00 $ 0.00 Atterberg Limit Tests Each 0 $ 85.00 $ 0.00 Environmental Tests (pH, sulfates, Each 0 $ 175.00 $ 0.00 chlorides, resistivity) Unit Weight Determination Each 0 $ 50.00 $ 0.00 Rock Compression Test Each 0 $ 110.00 $ 0.00 Split Tension Test Each 0 $ 110.00 $ 0.00 LBR Test Each 0 $ 320.00 $ 0.00 Permeability Test - Falling Head Each 0 $ 275.00 $ 0.00 Grain -Size with Hydrometer Each 0 $ 125.00 $ 0.00 Sample Preparation Hour 0 $ 75.00 $ 0.00 Direct Shear Strength Test (1 Point) Each 0 $ 300.00 $ 0.00 Page 3 of 3 TIERRA SOUTH FLORIDA, INC UNIT FEE SCHEDULE (ENGINEERING SERVICES) ENGINEERING /COORDINATION Unit # of Units Unit Price Total Principal Engineer Hour 0 $ 150.00 $ 0.00 Senior Engineer Hour 0 $ 125.00 $ 0.00 Project Engineer Hour 0 $ 100.00 $ 0.00 Senior Technician Hour 0 $ 75.00 $ 0.00 CADD Hour 0 $ 65.00 $ 0.00 Page 1 of 1 ATTACHMENT B APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT TERMS_FOR FEDERAL AID GQNT.,RACTS..(APPENDII�.1); The following terms apply to all contracts in which it is indicated in Section 6.B of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: A It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations). which are herein incorporated by reference and made a part of this Agreement. D Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E Solicitations for Subcontracts, including Procurements of Materials and Equipment In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who faits or refuses to furnish this information, the Consultant shall so certify to the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administrationas appropriate, and shall set forth what efforts it has made to obtain the information. G Sanctions for Noncompliance: in the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract. the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1, withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation, termination or suspension of the contract, in whole or in part. H Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration. Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Interest of Members of Congress. No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. J. Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Participation by Disadvantaged Business enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 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 termination of this contract or other such remedy as the recipient deems appropriate. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. M It is understood and agreed that if the Consultant at any time learns that the certification it provided the Department in compliance with 49 CFR, Section 26.51. was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract. to 1 employ or retain, or agree to employ or retain, any firm or person, or 2 pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. O. The Consultant hereby certifies that it has not: employed or retained for a commission, percentage. brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any fir, or person in connection with carrying out this contract; or paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375- 030 -33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT ioioi ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions. (Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: Kisinger Campo & Associates Corp. By: Paul G. Foley, P_ E_ -19 711 Date: 12/17/2013 Authorized Signature: Title: President v STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375- 030 -32 CERTIFICATION REGARDING DEBARMENT SUSPENSION PROCUREMENT INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Con tant: By Date: 12/17/2013 Authorized Signature (Paul G- o , P.E.) Title: PrQsident Instructions for Certification 1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. If at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person', primary covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Appendix B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction ", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and /or debarment. ,>'t ACC> ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 112/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CoNT CT NAME: Deborah Gale Brown & Brown Insurance - Clearwater PHONE FAX No_A/C No P 0 Box 2456 E-MAIL Clearwater FL 33757-2456 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A INSURED INSURER l3flartford Casualty Insurance CID 9424 Kisinger Campo & Assoc. Corp. C:Confinental Casualty Co. 20443 KCCS' Inc. INSURERD: Campo & Associates, PLLC 201 N. Franklin Street, Ste. 400 INSURERE: [Tampa FL 33602 INSURERF: COVERAGES CERTIFICATE NUMBER: a19r,-IRRAA RFVISIAN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL I UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP fMMIDD/YYYY1 LIMITS B GENERAL LIABILITY Y 21UUNAG7547 /1/2013 /l/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR DAMA E O RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 X Contractual X XCI Liability GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LIABILITY Y 21UENNE3246 /1/2013 /l/2014 IN Ea accident 1000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS $ BODILY INJURY Per accident ( ) X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB X OCCUR 21XHUAG7607 /1/2013 /1/2014 EACH OCCURRENCE $3,000,000 AGGREGATE $3,000,000 EXCESS LIAB CLAIMS -MADE DIED I X I RETENTION S 10.000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NN N / A 21WBNW1033 10/3/2013 0/3/2014 X WCSTATU- OTH- E.L. EACH ACCIDENT - $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 _ $500,000 C Professional Liability Claims Made AEH288295813 11/2/2013 1/2/2014 Per Claim 2000000 Aggregate 5:000:000 Deductible 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is an additional insured with respect to general liability, auto liability and umbrella liability. Explosion, collapse and underground hazard included in CGL. . ON -CALL PROFESSIONAL ENGINEERING SERVICES AGREEMENT AND ALL TASK WORK ORDERS AUTHORIZED HEREUNDER. 60-DAYS NOTICE OF CANCELLATION OR NON -RENEWAL PER ATTACHED FORM IH-03020608. (KCA PROJECT #1201316.00) B PR RISE OE4�84GEMENT D CERTIFICATE HOI nFR rANrFI I ATION VVPVVO[ w/n�rw,__ -- -_ C- C_ SHOULD ANY OF THE ABOVE DESCRIBE101:060tIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL $C DELIVERED IN MONROE COUNTY - BOCC ACCORDANCE WITH THE POLICY PROVISIONS. ( ATTN: JUDITH S. CLARKE, PE, DIRECTOR OF ENG CD --J SVCS AUTHORIZED REPRESENTATIVE T 1100 SIMONTON STREET, #216 KEY WEST FL 33040 © 1988-2010 ACORD CORPORATION. 68 rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD "— l " POLICY NUMBER: 21 UUN AG7547 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON -RENEWAL TO DESIGNATED PERSON(S) OR ORGANIZATION(S) OTHER THAN THE NAMED INSURED This policy is subject to the following conditions. Number of Days Notice 6 0 Name of Person(s) or Organization(s) Monroe County, Florida SCHEDULE Mailing Address 1100 Simonton Street Key West, FL 33040 F� If this policy is cancelled or non -renewed, we agree that the person(s) or organization(s) listed in the Schedule above will be notified at least: a. 10 days before the effective date of cancellation if we cancel for non-payment of premium; or b. The number of days shown in the Schedule above before the effective date of cancellation or non -renewal if we cancel or non -renew for any other reason. In no event, however, will notice of cancellation or non -renewal be less than the minimum number of days required by the jurisdiction to which this endorsement applies. If notice is mailed, proof of mailing to the address shown in the Schedule above will be sufficient proof of notice. Form IH 03 02 06 08 Page 1 of 1 © 2008, The Hartford