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02/18/2015 Contract
if ! x AMY INEAVILIN, CPA � CLERK OF CIRCUIT COURT & COMPTROLLER -. * NIONROE COUNTY, FLORIDA DATE: February 26, 2015 TO: Kevin Wilson Director of Engineering ATTN: Pamela Hancock FROM: Lindsey Ballard, D. C. At the February 18, 2015 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C20 Contract with T.Y. Lin International/H.J. Ross for engineering design and permitting services for the Stock Island I Roadway and Drainage Improvement Project. Enclosed is a duplicate original executed on behalf of Monroe County, for your handling. Should you have any questions, please feel free to contact me. CC: County Attorney Finance File V 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 ENGINEERING DESIGN AND PERMITTING FOR THE STOCK ISLAND I ROAD AND DRAINAGE IMPROVEMENT PROJECT This Agreement ( "Agreement ") made and entered into this 18 day of February, 2015 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), AND T.Y. Lin International /H.J. Ross, a Corporation of the State of California, whose corporate address is Two Harrison Street, Suite 500, San Francisco, Califomia 94105 and whose office location for work is 201 Alhambra Circle, Suite 900, Coral Gables, Florida 33134 its successors and assigns, hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for engineering design and permitting services for the Stock Island I Road and Drainage Improvement project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to engineering design and permitting services for the Stock Island I Road and Drainage Improvement project, which services shall collectively be referred to as the "Project "; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the engineering design and permitting services portion of the scope of services no later than 275 days from the Notice to Proceed. The CONSULTANT shall complete the post design services portion of the scope of services no later than 30 days after completion of the construction project. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. .. 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: Francisco J. Alonso, PE T.Y. Lin International 201 Alhambra Circle, Suite 900 Coral Gables, FL 33134 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, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The 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 FUNCTION Frandsen .1 Alnnsc . PF Prnjant Manag r / Saninr Fnginaar Claudia Diaz. PE Project Engineer Maria Pupo CADD Technician Enrique Sosa, PE Senior Engineer (Electrical) Colin Henderson Project Engineer / 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 monthly in current funds for the CONSULTANT'S performance of this Agreement: Topographic Survey $ 59,828.00 Geotechnical Investigations and Report $ 18,470.75 Design Development Phase Services $ 61,406.85 Construction Documents Phase Services $143,282.65 Permitting Assistance Phase Services $ 10,750.00 Post Design Phase Services $ 28,350.00 The Total Not to Exceed Amount of three hundred twenty-two thousand, eighty -eight dollars and twenty-five cents ($322,088.25) will apply to this Agreement. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE 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 $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property 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 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 $200,000 per Person, $300,000 per Occurrence, $200,000 Property Damage or $300,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance 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. 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 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all 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. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 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 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. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 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 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. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that 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 of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and Its CONSULTANT agree 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 COUNTY and the CONSULTANT and 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. , IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly it:r_ ized representative on the day and year first above written. � BOARD OF COUNTY COMMISSIONERS �; HE AVILIN, Clerk OF MONROE COUNTY, FLORIDA o By: w- c * ....3" - ei g5:6 4^' 4co`N ` uM� l�� V Deputy Clerk Mayor /Ch an Date: RI° VLi r 00 # 142: 7 10 E. SMtrMU MY N t ff 839471 ed Expires. January 29, 2017 Bonded tary PublIc UrderwrNers (Seal) TY IN INTE - ONAL / H.J ROSS Attest: i BY: _ . J LILL '/ / By: ■ .....411 ianu_ . Aloro, Q AA � o Title: ' Ali i ' 1 ( Title: h -� , A - � , v;� 1 - 1 '^ 4 END OF AGREEMENT MONROE C+:'L' " 'f' ATTORNE AP "RO , k j A . TO -ORM: • _. ∎ A.•!_.. - it! I • ei 1 FIRISTINE M. I_IMBERT- BARROWS ASSISTANh ijiiyNT i ORNEY :ate o� l Lo� -_ ATTACHMENT A SCOPE OF WORK SCOPE OF WORK The scope of services for the Stock Island I Road and Drainage Improvements project will include completion of design for construction and any required permitting for the asphalt overlay, milling and resurfacing, roadway reconstruction including establishing roadway crowns and the installation of drainage structures, sidewalks and lighting (as needed) on roads on South Stock Island. The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. 1.0 DESIGN DEVELOPMENT The Consultant will evaluate pavement condition information provided by Monroe County and determine appropriate repair methodology for the following roads: Suncrest Road Cross Street (Suncrest to Fifth Avenue) Miriam Street Roberta Street Seventh Avenue Fifth Avenue (Balido Street to Robyn Lane Fifth Street (US 1 to Fifth Avenue) Robyn Lane Drainage improvements will be evaluated for all roadways based on a 5 -year 1 -day storm as outlined in the Monroe County 2010 Comprehensive Plan. Additional improvements such as construction of sidewalks and lighting will be considered for specific locations. The design development may include evaluation of alternatives for prioritizing multiple transportation needs such as bicycle lanes, on- street parking, sidewalks and lighting within the space limitations of the rights -of -way. The Consultant will prepare materials and attend a public meeting to present proposed design and to address questions from the public. 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the following: 1. Florida Department of Transportation Roadway Plans Preparation Manuals http: / /www. dot. state. fl .us /rddesiqn /PPM Manual /PPM.shtm 2. Florida Department of Transportation Design Standards http: / /www.dot.state.fl. us/ rddesiqn /DesignStandards /Standards.shtm 3. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways http: //www. dot. state. fl. us /rddesion /FloridaGreenbook /FGB.shtm 4. Florida Department of Transportation Surveying Procedure http: / /www2.dot.state.fl. us/ proceduraldocuments /procedures/bin /550030101.pdf 5. Florida Department of Transportation Drainage Manual http: //www.dot.state.fl. us/rddesign /dr /files /2008DrainageManual. pdf 6. MUTCD http: / /mutcd.fhwa.dot.gov/ 7. American Disabilities Act http: / /www2.dot. state.fl. us/ proceduraldocuments /procedures/bin /625020015. pdf 8. Florida Department of Transportation Flexible Pavement Design Manual http: //www. dot. state. fl. us /pavementmanagement /PUBLICATIONS.shtm 9. Florida Statutes http: / /www.Ieg. state.fl. us/Statutes /index. cfm ?Mode= View%20Statutes &Submenu = 1 & Tab = statutes &CFI D= 14677574 &CFTOKEN = 80981948 2.2. The Consultant shall provide Drawings and applicable Technical Specifications for the County's review. The Consultant will utilize standard technical specifications and will revise and update them as required to conform to the most recent version of Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook) standards. 2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 5 sets of Construction Documents that have been signed and sealed by the Engineer. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. 2.4 The Consultant shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 2.5 The Consultant's construction documents (plans, specifications, etc) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.6 The County shall be responsible for the timely submittal of all permit application fees. 2.7 At the 60% and 100% design phases the Consultant shall provide drawings and other documents which depict the current status of design for the County's review and information. The Consultant shall provide an estimate of anticipated construction costs and construction schedule. 2.8 As needed, the Engineer will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Environmental Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 3.2 Specifications — For general specifications, Monroe County technical specifications or FDOT standard specifications may be used; the Consultant will update the Monroe County specifications to conform to the most recent version of the Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook). Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.3 Schedules — Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. 4.0 CONSTRUCTION COST Contemporaneously with the submission of the Design, the Consultant shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Consultant and the sub - consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility of the County. ATTACHMENT B CONSULTANT PROPOSAL AND COST TYLININTERNATIONAL 1 NJ ROSS en planners scientists February 2, 2015 Judith S. Clarke, P.E. Director of Engineering Services 1100 Simonton Street Key West, Florida 33040 Office 305- 295 -4329 RE: Monroe County — Stock Island I Roadway and Drainage Improvement Project Design and Permitting Professional Engineering Services Dear Ms. Clarke: We are pleased to submit this proposal to provide Professional Engineering Services for the Design and Permitting Assistance of the Stock Island I Roadway and Drainage Improvement Project located in Monroe County, as described in the attached Exhibit "A ", "Scope of Services ". We will perform this work as described in Exhibit "A," "Scope of Services," for lump sum fees as summarized in Exhibit `B ", "Fee Estimates ". As defined in Exhibit "A ", the project scope generally includes the design and permitting assistance of neighborhood roadway improvements, drainage system improvements, pedestrian improvements, and limited lighting improvements to serve the Stock Island residential/commercial district south of US 1. We trust you will find this proposal acceptable and we look forward to working with you on this important project. Thank you for this opportunity to provide our services to the County. Sincerely, TY LIN I A ' , TIONAL I HJ ROSS Francisco J. Alonso, P.E. Project Manager Associate Vice President 201 Alhambra Circle, Suite 900 1 Coral Gables, Florida 33134 1 T 305.567.1888 1 F 305.567.1771 1 www.tylin.com Ms. Judith Clarke Monroe County — Stock Island I February 2, 2015 Page 2 EXHIBIT "A" SCOPE OF SERVICES 1.0 DESCRIPTION OF THE PROJECT Monroe County will be constructing repairs and improvements to certain roads on South Stock Island identified by County staff as having deficient pavement conditions, deficient drainage, and/or deficient pedestrian facilities and lighting. This area of Stock Island consists of local roads with two-lane typical sections and is predominantly residential with some commercial/industrial on the perimeter of the neighborhood. The proposed improvements include asphalt overlay, milling and resurfacing, road reconstruction, installation of drainage structures and exfiltration trenches, sidewalks and lighting (as defined in this proposal). The County requires Professional Engineering Services for the design and permitting phases of the project. The Design for this project will conform to the Florida Greenbook and Monroe County standards and shall included plan and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. Exhibit "C" includes an aerial map depicting the project limits. 2.0 SCOPE OF BASIC SERVICES TYLIIHJR will perform the professional engineering services for the drainage improvements for each project site, limited to the following tasks: 2.1 Topographic Surveys The surveys of the proposed project site will be prepared and used as the basis for the design of the project in meeting federal, state, and local policies and regulations. The surveys will be sufficient for submittal with required permit applications and cover the county right -of -way where the improvements will be implemented. Survey will include location of all above ground features, elevations, and inverts of pipes where accessible. 2.2 Geotechnical Investigation The geotechnical investigation of the proposed project site will be prepared and used as the basis for the design of the project in meeting federal, state, and local policies and regulations. The investigations will include borings to determine the state of the local sub - strata, percolation tests for the design of exfiltration trenches, and pavement cores to assess the amount of existing pavement for the new pavement design. 2.3 Roadway Improvements Design Phase Services TYLIIHJR will prepare the design plans and construction documents required for the roadway improvements, milling and resurfacing, drainage improvements, pedestrian improvements, and lighting improvements of the project site. The following table is a summary of each of the individual lengths of roadway that make up the project site and what anticipated improvements are proposed for each segment: • Ms. Judith Clarke Monroe County — Stock Island I February 2, 2015 Page 3 Length of Branch From To Roadway Sq Ft of Milling and Pedestrian Drainage Lighting Name (miles) Section Resurfacing Improvements Improvements Improvements 5TH AVE ROBYN LN 5TH ST 0.12 23,544 X X 5TH AVE 5TH ST CROSS ST 0.20 29,512 X X X 5TH AVE CROSS ST BAUDO ST 0.23 7,560 X X X OVERSEAS MACDONALD 5TH ST HWY AVE 0.04 6,930 X X MACDONALD 5TH ST AVE 2ND AVE 0.12 19,020 X X 5TH ST 2ND AVE 3RD AVE 0.09 14,010 X X 5TH ST 3RD AVE ROBYN LN 0.04 6,930 X X 5TH ST ROBYN LN 5TH AVE 0.03 3,870 X X 7TH AVE 5TH ST CROSS ST 0.19 22,902 X CROSS ST SUNCREST RD COUNTY RD 0.11 17,664 X X X CROSS ST COUNTY RD 5TH AVE 0.11 17,664 X X MIRIAM ST 6TH AVE 12TH AVE 0.23 25,725 X X ROBERTA ST 6TH AVE 12TH AVE 0.23 25,641 X X ROBYN LN 5TH AVE 5TH ST 0.15 14,980 X SUNCREST RD WEST END CROSS ST 0.11 13,596 X X SUNCREST RD CROSS ST EAST END 0.08 8,756 X X Project Totals 2.08 258,304 It is anticipated that exfiltration trenches (French drains with catch basins and perforated piping in a ballast rock bed) will be the preferred method of storm -water management. The design documents will also include the associated repairs to the roadway required as a result of the construction. Pedestrian improvements will consist of new sidewalks along a selected side of the right -of -way to provide connectivity between the major neighborhood streets, the US 1 commercial district, and the County Park. It should be noted that because of the bridge at Cross Street, it may be necessary to design a retaining wall to accommodate a sidewalk on the steep embankment of the bridge approaches. This will be analyzed in the first phase of design and the County will be notified immediately if additional services will be required to accomplish this. The design and construction documents will include the following deliverables with submissions made at 60 %, 90 %, 100 %, and Final Bid Sets: • Topographic Survey • Geotechnical Report • Cover Sheet • General Notes • Project Location and Key Sheet Map • Project Typical Section • Roadway and Drainage Improvement Plan and Profile (including sidewalks) • Roadway and Drainage Improvement Details Ms. Judith Clarke Monroe County — Stock Island I February 2, 2015 Page 4 • Lighting Plan and Details • Maintenance of Traffic Notes • SWPPP Notes, and Details • Contract Specifications and Bid Documents 2.4 Agency Coordination/Permitting TYLIIHJR will coordinate with Monroe County, USACE, SFWMD, and FDEP to determine the appropriate level of permitting required for the improvements. It is anticipated that a no- noticed general permit will be applied for the project. TYLIIHJR will prepare permit applications and perform a biological assessment survey as required to meet permitting requirements. Mitigation for unavoidable wetland impacts are anticipated to be compensated through an approved mitigation bank. Responses to regulatory Request for Additional Information (RAI) will be prepared within regulatory timeframes. One (1) RAI per application is anticipated. 2.5 Post Design Phase Services TYLIIHJR will perform post - design phase services to consist of the following activities and deliverables: • Pre -Bid meeting attendance • Periodic Site Visits (budgeted for 2) • Pre - Construction meeting attendance and minutes • Review of shop drawings • Responses to Request for Information (RFI) • As -Built plan review 3.0 ITEMS NOT INCLUDED 3.1 Construction Phase Services (CEI) 3.2 Wetland Mitigation Design or Fees 3.3 Phase I Environmental Assessments 3.4 Environmental Monitoring During Construction 3.5 Permit Fees 3.6 Property Boundary Surveys (only topographic surveys of the right -of -way) 3.7 Landscaping 3.8 Bid & Award Services other than what is described above 3.9 Structural Engineering of a retaining wall at the Cross Street Bridge. It will be determined during the course of the project if a wall is needed to accommodate the installation of sidewalks. 4.0 INFORMATION TO BE PROVIDED TO TY LIN I HJ ROSS 4.1 Record Drawings and As -Built plans, including any CAD files, that may be available 4.2 Previous Geotechnical Studies and/or Reports for adjacent sites depicting percolation rates and borings 4.3 Limits of County -owned property adjacent to the project 4.4 Access to the site Ms. Judith Clarke Monroe County — Stock Island I February 2, 2015 Page 5 4.5 Any pertinent information available 5.0 ADDITIONAL SERVICES The above scope of services represents "basic services" to be performed as part of our lump sum price. Additional services beyond the scope of these basic services will only be performed on an as needed basis and with approved authorization. If additional services are required, TYLIIHJR will prepare a separate scope of services and labor cost. 6.0 SCHEDULE TYLI 1 HJR shall deliver the Work detailed in this Proposal in a duration not to exceed 9 months from the NTP. A detailed schedule will be provided to the County staff at the project kickoff meeting. 7.0 COMPENSATION TYLI I HJR shall perform the Work detailed in this Proposal for a Total Lump Sum, Not to Exceed fee of Three Hundred and Twenty-Two Thousand and Eighty -Eight dollars and 25 cents ($322,088.25). Exhibit `B" Provides a detailed estimate of the Man-Hours and Fees. The Fee will be broken down and billed on a deliverable basis under the following general tasks: Task Fee Topographic Survey $59,828.00 Geotechnical Investigations and Report $18,470.75 Design Development Phase Services $61,406.85 Construction Document Phase Services $143,282.65 Permitting Assistance Phase Services $10,750.00 Post Design Phase Services $28,350.00 Project Total $322,088.25 8.0 PROJECT MANAGER The project manager fi 's task will be Francisco J. Alonso, P.E. Submitted by: Francisco J. Alonso / 'roject Manager T.Y. Lin International 1 H.J. Ross Reviewed and approval in concept Recommended by: Monroe County Representative Ms. Judith Clarke Monroe County — Stock Island I February 2, 2015 Page 6 EXHIBIT `B" FEE ESTIMATES MONROE COUNTY STOCK ISLAND I ROADWAY AND DRAINAGE IMPROVEMENT PROJECT DESIGN AND PERMITTING PROFESSIONAL ENGINEERING SERVICES s e_sss ,sRim8 N 888 BSW� 183 1S;sn1147zi881NaS- » $ SSigg A"m*. 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Vet m i . i W < 0. a 111'1 111'111114g' e a ¢ m o w Z LLLL _!i 4 4 4 1.: 4 ° R Ri N _ Client#: 722 TYLININTEI ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE o 5 ) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 12675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604 -2675 INSURERS AFFORDING COVERAGE 510465 -3090 INSURED INSURER A: Hartford Fire Ins. Co. T. Y. Lin International /H.J. Ross INSURERS: Hartford Underwriters Ins. Co. 2 Harrison Street, 5th Floor INSURER C: Aspen Specialty Ins. Co. San Francisco, CA 94105 INSURER D: Twin City Fire Ins. Co. 1 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PIER POLICY EFFECTIVE POLICY EXPIRATION UNITS OF INSURANCE P OUCY NUMBER DATE MIMIgiL DATE 0MAIDO/TY1 LTR A GENERALLIABILITV 57CESOF1487 03/01 /14 03/01 /15 EACH OCCURRENCE $1.000.000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one lire) $1,000,000 I CLAIMS MADE C OCCUR MED EXP (My one person) $10,000 X Contract9 Uab. PERSONAL & ADV INJURY $1,000,000 X Cross Liability GENERAL AGGREGATE s2,000,000 GENL AGGREGATE UMITAP PRODUCTS - COMP /OPAGG $2,000, I I I 7 000 7 POLICY 1 LOC D AUTOMOBILE UABIUTY 57UENPV4294 03/01/14 03/01/15 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) © ANY AUTO _ ■ ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS © HIRED AUTOS BODILY INJURY $ (Per accident) El NON-OWNED AUTOS -- ■ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ^- ANY AUTO OTHER THAN EA ACC $ I AUTO ONLY: AGG $ EXCESS LIABIUTY r°{yaia►� �'') NV `✓v'_T ��i I�.Ow �J t�"' EACH OCCURRENCE $ III OCCUR 7 CLAIMS MADE ' DvAtIER 1 ' (p • . AGGREGATE $ NAB $ II DEDUCTIBLE r $ RETENTION $ s l l WC STATU- rat- B WORKERS COMPENSATION AND 57WEK08793 03/01/14 03/01/15 X TT1RY UMTS ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $1,000,000 E.L DISEASE -EA EMPLOYEE 61,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C DTHE Professional LRA9P0114 02127/14 03/01/15 $2,000,000 per Claim lability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Re: Drainage Improvements Projects / On -Cali Professional Engineering Services. Monroe County and its successors and assigns are included as Additional Insured for General and Automobile Liability. Insurance is primary per policy form. CERTIFICATE HOLDER 1 [ ADOMONALMSURED;msuRERt.ETTER: _ CANCELLATION SHOULD ANY OF THE ABOVE 0 ESCRIBED POUCESBE CANCELLED BEFORE THE EXPIRATION Monroe County DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 —DAYS WRITTEN its successors and assigns NOTICE TOWIE CERTIFICATE H OLDER NAMED TOTHE LEFT, B 1100 Simonton Street, Rm. 1 -216 %K Key West, FL 33040 1013198600INMOIX ' AUTHORIZED REPRESENTATIVE 4 - Ors... •- a - ACORD 254 (7197)1 of 1 #S1218598/M889690 NMF 0 ACORD CORPORATION 1988