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11/22/2016 AgreementAMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: January 3, 2017 TO: Judith Clarke Director of Engineering ATTN.- Clark Briggs FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller U At the November 22, 2016 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item F1 Approval of a contract with EAC Consulting, Inc. in the amount of $353,916.24 for engineering design and permitting services for the Stock Island II Roadway 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 ✓ 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 II ROADWAY IMPROVEMENT PROJECT This Agreement ( "Agreement ") made and entered into this 22nd day of November 2016, 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 EAC Consulting, Inc., a Corporation of the State of Florida, whose corporate address is 815 NW 57"' Avenue, Suite 402, Miami, Florida 33126 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 II Roadway 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 II Roadway 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 325 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: Sharmin Siddique, P.E. Senior Project Manager EAC Consulting, Inc. 815 NW 57 Avenue, Suite 402 Miami, Florida 33126 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by 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 Sharmin Siddique Senior Project Manager Daniel Greenberg Project Manager Ed Hinte Senior Civil Engineer Mark Kuntz Senior Civil Engineer Herman Tirado Senior Civil Engineer Jagan Katkuri Senior Civil Engineer Rodney Devera Project Engineer Carlos Cuevas Project Engineer David Pulido Senior Engineering Technician Andrew Fell Senior Engineering Technician Michael Saxe Senior Engineering Technician 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: Engineering Consultant Services Pre - Design and General Project Tasks $ 59,108.00 Engineering Design Development $ 177,668.00 Environmental Permitting $ 10,700.00 Construction Phase Services $ 23,360.00 Reimbursable $ 2,000.00 Subconsultant Services Survey and SUE - Longitude Surveyors $ 54,750.00 Geotechnical Engineering -PSI $ 10,800.24 Environmental Investigations -SWC $ 6,750.00 Public Outreach /Public Input -SWC $ 8,780.00 Total Lump Sum Fee $ 353,916.24 The Total Not to Exceed Amount of three hundred fifty -three thousand, nine hundred sixteen dollars and twenty -four cents ($353,916.24) 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 RECORDS COMPLIANCE. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR 'HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY - BRIAN a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered 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 authorized representative on the day and year first above written. (Seal) Attest: J1 BY: G Title: zxc lily-� BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA �~ V By. Mayor /Chairman MONROE COUNTY ATTORNEY AP"OVED AS TO OR ��'' YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date lag- I-o101(. Date: / 0/1 ATTACHMENT A SCOPE OF WORK SCOPE OF WORK The scope of services for the Stock Island II Roadway Improvements project will include completion of design for construction and any required permitting for the asphalt overlay, milling and resurfacing, roadway reconstruction including sea level rise pavement elevation considerations and in accordance with the National American Vertical Datum of 1988 (NAVD 88) and sidewalk installations as needed on roads on 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: McDonald Avenue Maloney Avenue Peninsular Avenue Additional improvements such as ADA compliant construction of sidewalks will be considered for specific locations. 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: Florida Department of Transportation Roadway Plans Preparation Manuals http: / /www. dot. state. fl .us /rddesiQn /PPMManuaI /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/rddesi_qn/FloridaGreenbook/FGB.shtm 4. Florida Department of Transportation Surveying Procedure http: / /www2. dot. state.fl.us /proceduraIdocuments /procedures /bin /550030101.pdf 5. Florida Department of Transportation Drainage Manual http: / /www. dot. state.fl.us /rddesiQn /dr /files /2008DrainageManua1. pdf 6. MUTCD htti):Hm utcd.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/ i)avementmanagement /PUBLICATIONS.shtm 9. Florida Statutes http: / /www.leg.state.fl.us/ Statutes /index.cfm ?Mode= View %20Statutes &Submenu =1 & Tab = statutes &CFID = 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 EAC Consulting, Inc. October 3, 2016 Judith S. Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton St., Room 2 -216 Key, West, FL 33040 Re: Stock Island 11 Roadway Improvement Project, Stock Island, Monroe County Dear Ms. Clarke, EAC Consulting Inc. (EAC) is pleased to submit this fee proposal to provide civil engineering services for the above referenced project. Project Understanding It is our understanding that the County wishes to have EAC perform milling and resurfacing, asphalt overlay or pavement reconstruction of roadways along Stock Island in McDonald Ave., Maloney Ave., and Peninsular Ave. The scope also included incorporating sea level rise recommendations provided by the County. It is our understanding from these recommendations that the minimum proposed edge of pavement (EOP) elevation be established at 3.2 ft NGVD or as close as possible. The County has also performed an assessment on all the roadways that are part of this project using the Pavement Condition Index (PCI) criterion. Our understanding is that the assessment assumes that roadways with a PCI of 50 or greater will require either asphalt overlay or milling and resurfacing while roadway with a PCI of less than 50 will require reconstruction. The limits of anticipated roadways requiring reconstruction is attached to this proposal. The County also wishes to provide storm water management utilizing exfitration systems where possible. EAC will design french drain systems along the roadway within the project limits to address water quality meeting South Florida Water Management District's (SFWMD) standards, where feasible and to the greatest extent possible. Project Limits McDonald, Maloney and Peninsular Avenues on South Stock Island from Overseas Hwy to end of Peninsular Ave. Scope of Work Our scope of work includes the following: TASK 1— GENERAL PROJECT TASKS Task 1A - Project Management EAC will provide project management services that will consist of contract administration, preparation of invoices, coordination of project staff and other sub consultants, developing and monitoring a project schedule and monitoring project costs. EAC will coordinate a project kick -off meeting with Monroe County Engineering within two (2) weeks after receiving a notice -to- proceed. The purpose of this meeting will be to initiate the 815 NW 57th Avenue, Suite 402 • Miami, FL 33126 • Phone: 305 -265 -5400 • Fax: 305 -264 -8363 • eacconsult.com • CA # 7011 project, which among other things includes re- verifying project goals, identifying project communication protocols, collecting existing project data, establishing invoice procedures, etc. Task 1B - Meetings EAC will attend a maximum of three (3) coordination meetings with the County. In addition, EAC will meet with the permitting agencies to identify permit requirements for the project and discuss other pertinent project related issues. Task 1C — QA /QC EAC implements thorough QA /QC to confirm the construction documents meet the applicable standards and codes. Task 1D — Public Outreach EAC will retain the services of Sandra Walters Consultants, Inc. (SWC) to perform Public Outreach activities for the project. This will include develop stakeholder database, develop & distribute design -level collaterals and two public meeting coordination. TASK 2 - PRE - DESIGN SERVICES Task 2A - Field Visits EAC will schedule field visit /s to familiarize the project team with the conditions and any physical limitations of the site that may exist, determine and assess the proposed scope of works for each street, meet with maintenance personnel who have insight and intrinsic knowledge of the project area and perform a final on -site check with developed plans. Task 2B — Surveying and Mapping EAC will retain the services of Longitude Surveyors, LLC (LS) to perform a topographical and boundary survey within the roadways listed under "Project Limits" above. The survey will be limited to topographical information within the right of way. Signed and sealed surveys will be provided to the County. Task 2C — Horizontal Utility Designation and Test Holes EAC will retain the services of Longitude Surveyors, LLC (LS) to perform designation and test holes on areas selected for the installation of new drainage structures and french drain systems. LS will perform forty five (45) soft digs. Designation will locate the presence of utilities horizontally by utilizing geophysical equipment and test holes will be used to confirm the vertical location of these facilities. This information will be provided in the construction documents to avoid utility conflicts that may occur with proposed french drain systems and existing utilities. In addition, depending on the results of this investigation, EAC will either find alternate locations for the drainage system, indicate utilities that may require relocation or indicate how the conflicting utilities can be accommodated. Task 2D - Geotechnical Investigations EAC will retain the services of Professional Service Industries, Inc. (PSI) to perform geotechnical investigations. These services will include sixteen (16) SPT borings (10 -feet deep) to determine the asphalt and limerock thickness as well as pertinent subsurface conditions. The services also include seven (7) percolation tests to a depth of fifteen (15) feet to determine the hydraulic conductivity characteristics of the subsurface. In addition, four (4) samples of materials will be tested for corrosion parameters (pH, chlorides, sulfate and resistivity) and will be used to analyze and select culvert materials based on service life per the FDOT culvert service life criteria. Task 2E — Environmental Investigations EAC will retain the services of Sandra Walters Consultants, Inc. (SWC) to perform wetland delineation, environmental agency coordination and contamination investigation services. This is an urban corridor and several contamination sites are anticipated. SFWMD will require that streets adjacent to existing wetlands be delineated to determine impacts from proposed construction, if any. Task 2F — Utility Coordination EAC will request a design ticket from the Sunshine State One Call of Florida to determine the utility owners that have facilities within the project limits. EAC will prepare correspondences to each utility owner identified to request specific as -built information on these utilities, including their location, size and material of construction if available. EAC will use this information to develop the construction plans for this project. EAC will correspond with utility owners through the progress of the design to ensure that they; 1) have knowledge of the proposed worked and its potential impacts to their utilities and 2) make arrangements to relocate their utilities, if necessary. Once the final (100% CDs) construction plans have been developed, EAC will coordinate with utility owners one final time to ensure that they are fully aware of the proposed works that will be associated with upcoming construction activities. Task 2G— Data Collection and Review EAC will review all the records available from the County associated with the roadways and existing utilities, such as the PCI report, as -built drawings and logs of complaints from residents regarding roadway and /or drainage issues. In addition, EAC will review the topographic survey and geotechnical report and incorporate the findings of these investigations into the construction documents. TASK 3 - DESIGN SERVICES EAC will perform the following as part of the analysis and design of the corridor to develop design plans: Task 3A - Roadway Analyses, Design and Plans a. Evaluate existing topography and roadway alignment as it relates to specified sea level rise recommendations and PCI records to determine reconstruction limits and milling and resurfacing limits. We have attached a preliminary assumption of limits of reconstruction with this proposal b. ADA compliance (curb ramps and driveways) C. Identify existing driveways with no access point d. Intersection improvement (2/4 ave) e. Provide plan and profile sheets f. Provide cross section for reconstruction only g. Level 1 MOT (Note, typ., and detail) h. Back of Sidewalk profiles for analysis only i. Supplemental Specifications (FDOT) Task 3B - Drainage Analyses, Design and Plans a. Provide Drainage Map i. Analyze drainage sub - basins and inlet locations ii. Maintain the existing drainage flow patterns for MacDonald Ave, Maloney Ave and Peninsular Ave b. Provide french drains C. Summary of drainage structure table d. Provide drainage details. e. Perform optional pipeline material analyses. f. Provide SWPPP, identify locations for use of Best Management Practice (BMP) and provide details. g. Provide Drainage Documentation Report including calculations i.e. French Drain, SLR Impact Analysis, Groundwater Elevation Determination and Optional Pipe Material Task 3C - Signing and Marking Analyses, Design and Plans a. Upgrade signing and pavement marking along corridor including i. Dedicated bike lanes ii. Shared Use lanes b. Provide Plan sheets for Signing and Marking TASK 4 — Permitting It is assumed that there will be no environmental impacts associated with this project due to the nature of the work being proposed and therefore permitting will be with Monroe County and SFWMD for stormwater improvements only. TASK 5 — Construction Phase Services EAC shall review Contractor shop drawing submittals and respond with reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces. EAC's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by EAC, of construction means, methods, techniques, sequences, or procedures. EAC shall also respond to Requests for Information (RFIs) from the Contractor, as needed during construction and will implement any required plan revisions. EAC shall attend the pre- construction meeting and one additional meeting if needed. Deliverables: EAC shall furnish to the County, upon project completion, the following: • 2 sets of 11" X 17" signed and sealed Record Drawings • 2 sets of final documentation • 1 set of final CADD files on CD EAC will provide the as- builts in AutoCAD format once the CEI provides the approved red —lined drawings which reflect the as -built conditions. Our fee proposal is summarized as follows: Descriptions Fee Task 1 General Project Tasks Task 1A, 1B and 1C $23,460.00 Task 1D - Public Outreach - SWC $8,780.00 Task 2 Pre Design Services Task 2A 12,128.00 Task 2B and 2C - Survey and SUE — Longitude Surveyors $54,750.00 Task 2D - Geotechnical Engineering - PSI $10,800.24 Task 2E - Environmental Investigations- SWC $6,750.00 Task 2F - Utility Coordination $13,040.00 Task 2G —Data Collection and Review $10,480.00 Task 3 Design Services $177,668.00 Task 4 Permitting $10,700.00 Task 5 Construction Phase Services $23,360.00 Reimbursable $2,000.00 TOTAL (LUMP SUM) $353,916.24 Note: A supplement to this proposal for Storm Water Pipe Inspections will be submitted if deemed necessary. Schedule: Please find attached the project schedule. The aforementioned scope of services assumes that: 1. We are anticipating 50% of the project to be Milling & Resurfacing and the rest to be Reconstruction (may change based on survey info we receive). 2. Connections or tie -in to the existing outfalls outside the project limit is not within this project's scope. 3. Drainage profiles are excluded. 4. Drainage Map sheets are excluded. 5. Does not include any permitting related to the provision of a new or the modification of an existing Environmental Resource Permit or any permits related to Wetland Mitigation or impacts to Mangroves 6. The contractor will be responsible for creating his /her own Maintenance of Traffic Plans based on their means and methods and sequencing of construction activities and will be solely responsible for obtain all approvals from applicable agencies prior to construction. Information will be provided on the plans that references this requirement. 7. The County will utilize the FDOT specifications for this project. 8. Permitting agencies are limited to SFWMD and the County only. It is assumed that the permit required from SFWMD will be for the stormwater improvements only and does not include the provision of a new or modifications of an existing Environmental Resource Permit. 9. No Lighting justification report or design included. 10. No utility relocation design is included in this proposal 11. No Construction Administration Services beyond those mentioned above are included in this proposal. 12. No Bid and Award Services included in this proposal. 13. No Right of Way modifications are required. 14. Anticipated permitting fees have been included as part of the reimbursables contained in this proposal. In the event that permit and reimbursables exceeds the budgeted amounts, then the County will approve a supplemental to reimburse EAC for additional direct expenses. 15. Project is a Single -Phase project. We look forward to another successful project with the County. Sincerely, EAC Consulting, Inc. Sharmin Siddique, P.E. Senior Project Manager ---044 EACCONS -01 CERTIFICATE OF LIABILITY INSURANCE DA ����0 1 b ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(les) must have ADDITIONAL INSURED provisions or be endorsed. H SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemenL A statement on this eortiAcats does not confer riahts to the certificate holder In lieu of such endorsementfs}. PRODUCER Ames 3 Gough 8300 Greensboro Drive Suits 980 McLean, VA 22102 INSURED EAC Consulting, Inc. 515 NW S7th Avenue, Suite 402 Miami, FL 33126 Ea ty (703) 827 -2277 ice, N,I. 703! 82 -2279 INSUIR Sl AFFOR COVERAGE NAIL It INSURER A :The Hartford _ 22357 INSURER 0: RLI Insuranc ComDamr A +, XI 13056 INSURER c ACE Americ Insurance Company 22667 INSURER OVERAGES CERTIFICATE NUMBER: REVISION NUMISM -_ -_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDI OF SUCH POLICIES. LIMITS S MAY HAVE BEEN REDUCED BY PAID CLAIMS. _PCY EFF io EXP PE O INSURANCE POLICY NUMBER LIMITS _TYPE OLI _.....,, _- X COMMERCIAL GENERAL LIABILRY i s EA OC CURRENCE 1 OOO O ff CLAIMS-1400E ' X gCCUR 2UUNNl2075 0412212016 04/2212017 OAAAAGE TOrtENiED J 300.0 t t L AGGREGATE LIMIT APPLIES PIER: POLICY ! X! ,lES:T p [_ LOC AU TOMOBILE LIABILITY ' X ANY AUTO AO O SCHEDULED AUT ONLY A . DULE �.�E D p F AUTOS A &M t X . UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -M DED X RETENTION S - 10,1 Aq p 04/2212016 04122/2017 1 t 1Lrlq - y4PY ' lP-w aY IN.IURy (P gr pm"l I _ #R5� ru 1 I W, = r 7 04122120161 0412212017 } AGGREGAT E ANY PROPRIETORIPARTNERIEXECUTIVE aYINt' PSW0003090 104122/2016 E.L. NIA OFFtCEWkif EXCLUDED? ! I l E.L. If de under E RIPTION OF OPERATIONS belo- 'Professional Llab. 11325NA5A dd1 04122!2016 04/22/2017 Per :RIPTiON OF OPERATIONS I LOCATIONS I VEHICLES (ACORD HIL Additional Remarks Schedule, maybe attschad If more spats Is require* EAC Prolect 016020.HW01 -00 I! ! done County is Included as additional Insured with respects to General Liability and Auto Liability when 4requly written 30 -day Notice of Cancellation will be issued In accordance with policy terms and conditions. R BENT W / r-AUrrt I Arnsr ACORD 25 (2016103) Q 1985 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) Q 1985 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD