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Item C39
I I . goffwk fiko" Meeting Date: May 21, 2014 Division: Public Works/Engineering Bulk Item: Yes X No Department: Enginecrin Services AGENDA ITEM WORDING: Approval of task order with EAC Consulting, Inc. for engineering design and permitting services for Key Largo (Lake Surprise Estates) Roadway and Drainage Improvements project. The task order is being awarded under the On Call contract for Professional Services. ITEM BACKGROUND: The Lake Surprise Estates subdivision in Key Largo has been identified by the County's Asphalt Pavement Evaluation and Management program as an area of poor pavement condition and requiring drainage improvements. PREVIOUS RELEVANT BOCC ACTION: BOCC approved a Contract with IMS Infrastructure Management Services for Asphalt Pavement and Management Services at the March 2013 meeting. V-044��&?pWr*m,i t-'-mnamW&l)wntrmt f,#,r Inc. at the January 2014 meeting. CONTRACT/AGREEMENT CHANGES: As outlined in task order. STAFF RECOMMENDATIONS: Approval as stated above. 11 101� l�! i 11 11 �� NREDWIM Ell ��il � 11 1 � Ili III I! IN k I COST TO COUNTY: 250,429.00 SOURCE OF FUNDS: -304 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year naf APPROVED BY: County At?`OMB/Purapasing_ Risk Manageinenta`� DOCUMENTATION: Included x Not Required r ff 0 re # � CONTRACT SUMMARY Contract with: EAC Consulting, Inc. Contract # Task Order Effective Date: 5/21/2014 Expiration Date: Contract Purpose/Description: Task Order under On Call Professional Engineering Services Contract for engineering design and -)crniiltjng, services (61, Kcy [=�a�ru Lakee �',Ljv nw. Improvements Protect Contract Manager: Judy Clarke 4329 Engineerin&I (Name) (Ext.) (Department/Stop #) 1 for BOCC meeting on 5/21/2014 Agenda Deadline: 5/6/2014 NUN a I .IT -To Total Dollar Value of Contract: $ 250,429.00 Current Year Portion: $ 250,429.00 Budgeted? Yes M No 0 AccountCodes: Grant: $ ------- - Co Match: ADDITIONAL COSTS Estimated Ongoing Costs: $_----Iyr For: (Not included in dollar value aborve I (.". ninintenance. eu-) Chan Date Out I' es s Date In Ne de iew Division Director YeSE] No is Management YesEj Noe- ().M.11./Ilurcliasiap Yes E] NoE'�-,J Ulm County Attorney 5MN Yes[] No[9 Comments: OMB Fonn Revised 2/27/01 MCP #2 TASK ORDER FOR ON CALL PROFESSIONAL SERVICES BETWEEN MONROE COUNTY AND EAC CONSULTING, INC. FOR KEY LARGO (LAKE SURPRISE ESTATES) ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 16th day of January 2014 between Monroe County hereinafter referred to as the "County" and EAC Consulting, Inc. hereinafter referred to 2s "Consultant" where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract For On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Task Order is effective on the 21't Day of May, 2014. Article 11 Scope of Basic Services, Paragraph 2.1.1 is amended as follows: j�JLL 19 'I including establishing roadway crowns and ine insfauallon OT irenon urd in the Lake Surprise Estates subdivision of Key Largo. 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. Details of the scope of services are outlined below and included in the Consultant's proposal that is attached to this task order as Exhibit A. 1.0 DESIGN DEVELOPMENT The Consultant will evaluate existing adjacent environment and habitat and provide a zrt-ancLhabitat. 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 2. Florida Department of Transportation Design Standards htt ://www.dot, iate.fl.0 Ir de i nl si nSk ndard !Standards.shtm 3. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways htt :Ilwww.dot.state.fl.uslyddesi n/FloridaGreenbooklFGB.shtm 4. Florida Department of Transportation Surveying Procedure 5. Florida ❑epartrnent of Transportation Drainae Manual htt ://www.dot.state.fl.us/rddesi n/drlfiles/20880raina eManual. df American Disabilities Act htt •I1www2.dot.state.fl,usl rote uraldocuments rocedures/bin/6250200 15. pdf 8, Florida Department of Transportation Flexible Pavement Design Manual htt://www.dot.state.fl.us! avementmana ernent/PUBLICATI N ht Florida Statutes htt://www.te .state.fl.usiStatutes/index.cfm?Mode=View°/02OStatutes&Su men =1&T b= t u =14677574 FTOI{EN= 81948 2.2. The Consultant shall provide Drawings and applicable Technical Specifications for - i review. 2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide • • Documents for• approval.r• approval by County•nsultant shall provide - County up to 5 sets of • • Documents that have been signed and sealed by - Engineer.The Consultant shall also provide versionan electronic of • • documents. The Consultantprovide estimate of r - r construction costaccordance • • development phase. Consultant2.4 The • preparation of 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,• ! items, estimated quantities and Contract,construction duration. The County shall prepare all Bidding Forms, Conditions of the r Forms of Agreement. 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 I - C,*,,untp unless said reouirements are chanteA-d-urin,*, 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 i,ther 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 ,9.nd 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 timely manner in order to facilitate bidding. Kxlfj 0 6119 ZAIL" 9 Is] 1,14 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, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 3.2 Specifications - For general specifications, Monroe County technical specifications, revised and updated by consultant will be used. 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 wift tWe Construction Documents. 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. Lake Surprise Estates EAC Consulting, Inc. May 21, 2014 Page 3 of 6 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. 4.4 The Engineer agrees that, should the bid for construction of the project exceed its estimate by ten percent (10%) or more, it will redesign, redraw or rebid, at nil additional cost or expense to the County, until the bids are within the stated limits. Construction Phase services will be included in future task orders. Article VII, Paragraph 7.1 is amended to include the following: The Consultant shall be paid monthly; the following lump sum amounts will apply for each task (except where noted): Task 1: Pre -Design Services $ 24,205.00 Task 2: 60% Construction Documents $ 38,909.00 Task 3: 100% Construction Documents $ 69,148.00 Task 4: Permitting (Not to Exceed) $ 11,893.00 Task 5: Bid and Award & Construction Support Services $ 13,440-00 Surveying and Mapping $ 49,652.48 Subsurface Utility Engineering (Not to Exceed) $ 26,300-00 Geotechnical Engineering $ 19,882.09 Environmental Investigations $ 4,000.00 Reimbursables (Not to Exceed) $ 3,000.00 Total $ 260,429.57 Pursuant to F.S. 119,0701, Contractor and its subcontractors shall comply with all pubi records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be requir by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that t 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 publi records disclosure requirements are not disclosed except as authorized by law. Lakc Soq)rise F',,,,Wtu.s LAC Cosmdlill& h1c. May 21, 2014 Va Rc 4 or 0 (d) Meet all requirements for retaining public records and transfer, at no cost, to ♦ and destroy any duplicate • records that are exempt ♦ confidential and ♦ 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. project. 1114W May 21, 2014 Page 5 of 6 IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. = I g Nw-ftexe 0 =A SignatureDate Date 10=2 W=$ - . -- # Em- (SEAL) Attest: Amy Heavilm, Clerk M zgvzx� MONROE COUNTY ATTORNEY t\PPROVE'D AS TO FORM: CiIRISTINE M. UMBLRT-BARROVV�' ASSIST I (--'t IN-? YATTORNEY Date. EXHIBIT EAC CONSULTING, INC. PROPOSAL EACConsulting, Inc. Judith S. Clarke, P.E. Monroe County Key, West, FL 33040 Re: Lake Surprise Estates Roadway and Drainage Improvements Project Key Largo, Monroe County the above referenced project as part of our On Call Professional Engineering Services Agreement with the County. Project Understanding It is our understanding that the County wishes to have EAC perform milling and resurfacing, asphalt overlay or pavement reconstruction on most of the roadways within the Lake Surprise Estates The County has performed 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 in cross section and do not have visible crowns and therefore establishing roadways crowns will be a part of this project. french drain systems to address water quality and/or the runoff from the 5-year 1-day storm where feasible and to the greatest extent possible, while avoiding impacts to adjacent wetlends. Project Limits 1. Surnmerland Road, US-1 to the west end 2. Big Pine Road, from Largo Road to the west end 3. Bahia Honda Road, from Largo Road to the west end 4. Vaca Road, from Largo Road to the west end 5. Lake Surprise Boulevard, from US-1 to Mangrove Lane 6. Largo Road, from Grassy Road to the northern end (adjacent to Big Pine Road) 7. Plantation Road, from Largo Road to the northern end (north of Lake Surprise Blvd.) 8. Long Key Road, from Largo Road to northern end 9. Lower Matecumbe Road, from Plantation Road to northern end 10. Upper Matecumbe Road, from Plantation Road to northern end 11. Windley Road, from Plantation Road to northern end Scope of Works TASK 1 - PRE -DESIGN SERVICES Task 1A - Project Management 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 and its sub consultants within two (2) weeks after receiving a notice -to -proceed. The purpose of these meeting will be to initiate the project, which among other things includes re -verifying project goals, identifying project communication protocols, collecting existing project data such as the PCI report data, establishing invoice procedures, etc. Task 1B-Meetings EAC will attend a maximum of four (4) 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-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. Field visits will also be performed to verify PO information provided bythe County. TaskID-Topograph|mal Survey and Mapping EAC will retain the services nfFR. Akenoan and Associates, Inc. (FRA)to perform o 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 and also include an. Signed and sealed surveys will be provided tuthe County. Task 1E-Gemtechn\ca|Investigations EAC will retain the services of Professional Service industries, Inc. (PSI) to perform geotechnica| investigations. These services will include twenty-six (26) 3PT borings (5-feet deep) to determine the asphalt and |imerockthickneos as well as the materials contained with the su6grade and beyond. The services also include twenty-two (32) percolation teats to a depth of ten (10) feet to determine the hydraulic conductivities. 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 onservice life per the FDOTculvert service life criteria. Task 1F — Environmental Investigations EAC will retain the services of Sandra Walters Consultants, Inc. (SWC) to perform wetland delineation and environmental agency coordination services. SFWMD will require that streets adjacent to existinV wetlands be delineated to demonstrate impacts from proposed construction, if any. These streets include the northside of Summerland Road, southside of Largo Road (near Grassy Road), etc. Task 1G — 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. has been determined, EAC will correspond with utility owners again to ensure that they; 1) have to relocate their utilities, if necessary. #nce the final (100% CDs) construction plans have been developed, EAC will coordinate with utility #wners one final time to ensure that they are fully aware of the proposed works that will be associated with upcoming construction activities. Task 1H — Data Collection and Review 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. The 60% Construction Documents will consists of design plans and specifications. Roadway The design plans will show the limits of the milling and resurfacing, asphalt overlaying and/or roadway reconstruction work that is required based on the PCI report and its recommendations. In addition, EAC will perform grading modifications necessary to provide positive drainage through cross slope corrections and intersection grading. Specifications EAC will modify and update the County's technical specifications to current standards including the Greenbook and the FDOT as necessary. Drainage In addition, EAC will perform drainage calculations and analyses as well as design french drain systems to address water quality and/or the runoff from the 5-year 1-day storm where feasible and to the greatest extent possible, while avoiding impacts to adjacent wetlends and utilities. Anticipated Submittal Documents = Key Sheet • General Notes w Typical Sections and Details • Paving, Grading and Drainage Plans • SignaQeand Striping Plans • Specifications Task 2B — Horizontal Utility Designation and Test Holes EAC will retain the services of FR. Aleman and Associates, Inc. (FRA) to perform designation and test holes on areas selected for the installation of new drainage structures and french drain systems. Designation will locate the presence of utilities horizontally by utilizing geophysical equipment and testholes 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. EAC will finalize the construction documents by incorporating the level of detailing required to convey the design intent to prospective bidders. In addition EAC will meet with the County and incorporate any comments that the County had on the 60% Construction Documents. Anticipated Submittal Documents = Key Sheet • General Notes • Typical Section and Details • Summary ofQuantities • Paving, Grading and Drainage Plans m Signa0eand Striping Plans • StormwaterPollution Prevention Plan • Specifications • EnQineer's/Draina0eReport • Cost Estimate 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. It is also assumed that some form of a "General Permit for Activities in Uplands" would be required for this project. This proposal however does not include any permitting related to the provision of a new or the _4_tn_\ALeJ1_;)nd Mitigation or impacts to Mangroves. TASK 5 — Bid and Award & Construction Administration Support project with its internal staff. Therefore, EAC will provide bid and award support services in the form of RFI review and responses to prospective bidders. It is EAC's understanding that the County will hire an independent Construction Engineering and Inspection (CEI) firm to manage and close-out all aspects of this project. Therefore, EAC will provide construction administration support services to the County in the form of RFI reviews and responses Our fee proposal issummarized asfollows. Descriptions Pre -Design — LUMP SUM 60% Construction Documents — LUMP SUM 100% Construction Documents —LUMP SUM Permitting —LUMP SUM Bid and Award & Construction Support Services —LUMP SUM $13,440.00 su;Exxrt services .Survey and Mapping —LUMP SUM Subsurface Utility Engineering — NOT TO EXCEED Environmental Investigations —LUMP SUM Reimburseables — NOT TO EXCEED TOTAL (LUMP SUM) $250,429.57 1. 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. 2. The County will provide its standard details associated with roadway improvements AutoCAD format for use in this project. 3. 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. 4. County will prepare and provide Division 1 specifications. EAC will only be responsible for updating Technical Specifications based on templates to be provided by the County. 5. No utility relocation design is included in this proposal 6. No Construction Administration Services or Bidding and Award Services beyond those mentioned above are included in this proposal. 7. No Right of Way modifications are required. 8. Anticipated permitting fees have been included as part of the reimburseables contained in this proposal. In the event that permit and reimburseables exceeds the budgeted amounts, then the County will approve a supplemental to reimburse EAC for additional direct expenses. 9. Project is a Single -Phase project. d-! Huntley Higgins, P£ Senior Project Manager cc. File I Infin-mation — To Build On Engin"inIng ® Camuffing ® readng March 31, 2014 enle 40191am.1i in , SIP"" Ji"ID 11.11T. Kl Miami, Florida 33126 Senior Civil Project Manager Re: Proposal for Geotechnical Engineering Services — Roadway Soil Survey Lake Surprise Estates — Roadway Improvements Monroe County, Florida I PSI Proposal No. PO-397-119897 Fi i2r�:i pleased to submit this proposal to perform a subsurface exploration program and geotechnical zmgineering evaluation for the above referenced project. Included herein is our understanding of the proposed development along with a scope of services, cost estimate and anticipated schedule to conduct a geotechnical engineering study. Based on the supplied information, it is our understanding that the subject project will involve rvi4way re-c#nstrY.cti*6/resYKaciAg 2?%;t,O.r2iA?ge imAr*vemeAts WitXiA tXe l*c?,teV ow the west side of US-1 and CR-905 from Summer Land Road to Cove Drive in Key Largo, Monroe County, Florida. We concur with the scope of services noted in your email and will perform the following services: Perform 26 roadway borings throughout the project area to depths of 5 feet below grade. We will core the surface of the asphalt to determine its thickness. Perform 22 percolation tests at a depth of 10 feet below grade. We will perfor Standard Penetration Test (SPT) borings within the percolation test borehole at additional cost to you. We believe this data will provide useful information in terms providing the contractor with subsurface conditions expected within the propos french drain excavations. I Collect four samples of material to be tested for corrosion series testing (i.e. pH, chloride, sulfate and resistivity). Underground utility clearance will be required prior to commencing the drilling of the boring Therefore, PSI will contact "Sunshine One -Call" Service to obtain underground public utili clearance. kte�,g �lt�-bgc- will be tested for physical properties such as gradation, moisture content and organic content, deemed necessary. Using the results of the field exploration and laboratory tests, we will prepare report of roadway soil survey. Our study can begin one day after we receive authorization to proceed. We will start drilling aft underground utilities have been located. The drilling work should be completed within sev workdays. The written report of the subsurface exploration and engineering evaluation will available within eight workdays following the field demobilization. We estimate the total time peri �ks. We �can aaaaQt this schedule to meet the overall proje goals, if required. Professional Service Industries, Inc - 7950 N W 64 Street - Miami, FL 33166 - 305/471-7721 ® Fax 305/593-1915 FL Engineering Business 3684 your requirements, we propose to complete the subsurface exploration and geotechnical engineering evaluation described herein for a fee of $19,882.09. A task breakdown is presented Attachment 1. The geotechnical work proposed herein will be carried out in accordance with our General Conditions which are attached hereto as Attachment 2. ONION1616 1 11612010jr-l" IBM I R", IN 111111" signea coply OT air proposai or 11 Te this project. Sincerely, PROFESSIONAL SERVICE INDUSTRIES, INC. Certificate of Authorization No. 3684 Gustavo Silva Project Manager Attachment& Attachment 1 — Cost Breakdown 0 AttacWmett 2 — General ConditiorM- AUTHORIZED BY: INVOICE TO: Signature Firm Name Name Title Address Date RA397 - Gtoo,2014 PRO POSALS\0397-119897 Lake Surprise Estates - Monroe County (EAC)k0397-119897 Lake Surprise Estates - Monroe County (EAC) doe I i II GENERAL CONDITIONS I PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. ("I'Sl") shall include said company or as particular division, subsidiary or affiliate performing the work, "Work" means the specific service to be performed by PSI as set forth in PSI's proposal, Client's acceptance thereof and these General Conditions Additional work ordered by Client shall also be subject to these General Conditions. "Client" refers to the person or business entity ordering the work to be done by PSI If Client is ordering the work on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work, Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any Part of PSI's work. PSI shall have tic duty or obligation to any third party greater than that set forth in PSps proposal, Client's acceptance thereof and these General Conditions. The ordering of work from PSI, or the reliance on any of PSI's work, shall constitute acceptance of the terms of PSI's proposal and these General Conditions, regardless of the terms of any subsequently issued document. 2, TEST'S AND INSPECTIONS: Client shall cause oil] tests and inspections of the site, materials and work performed by PSI or others, to be limely and properly performed in accordance with the plans, specifications and contract docurnarre, and PSI's recommendations, No claims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed. Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and Inspections are not so performed or PSI's recommendations are riot so followed. 3 PREVAILING WAGES This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements In addition, unless explicitly agreed to in the Sealy of this proposal, [his Proposal specifically excludes compliance with any state or federal prevailing wage taw or associated requirements, including the Davis Bacon Act. Due to the professional nature of its services PSI is generally exempt from the Davis Seems Act and other prevailing wage schemes. It is agreed that no applicable prevailing wage, classification or wage rate has been provided to PSI, and that all wages and cost estimates contained herein are based solely upon standard, Teark-prwonfing Wage rates. Should it later be determined by the Owner or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed circurnslance. These exclusions shall survive the completion of the project into shall be merged into any subsequently executed document between the parties, regardless of the terms of such agreement Client will reimburse, defend, indemnify and hold harmless I'M from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and attorney's fees. 4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If PSI is required to delay commencement of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a result ofchin ges in the scope of' the work requested by Client, to fulfill the requirements of third parties, interruptions in the progress of` construction, or other causes beyond the direct reasonable control of PSI, additional charges will be applicable and payable by Client. 5, ACCESS TO SITE: Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work. PSI shall take reasonable measures, and precautions to minimize damage to theatre and any improvernents located thereon as the result of its work or the use affix equipment, 6. CLIENT'S DUTY TO NOTIFY ENGINEER: Client warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at any site at which PSI is to do work, and unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless from till claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or talent objects, structures, this-, or conduits where the sound or potential presence and location thereof were not revealed to PSI by Client. 7 RESPONSIBILITY: PSI's work shall not include determining, supervising or implementing the income, methods, techniques, sequences or procedures of construction. PSI shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contractor, SUbcorar- actor or supplier from performance of its work in accordance with the contract documents Client agrees that it shall require subrogation to be waived against PSI and for PSI to be added as an Additional Insured on ail focilicres of insurance, including any policies required of Client's contractors or subcontractors, covering any construction or development activities to be performed on the project site PSI his no right or duty to stop the contractor's work, 8. SAMPLE DISPOSAL: 'test specimens will be disposed immediately upon completion of the test. All drilling samples will be disposed sixty (60) days after submission of PSI's report. 9 PAYMENT: The quantities and fees, Provided in this, proposal are PSI's estimate based on information provided by Client and PSI's experience on similar projects The actual total amount due to PSI shall be based on the actual brief quantities provided by PSI at the unit rates provided heroin. Client shall be invoiced once each month for work performed during the preceding period Client agrees to pay each invoice within thirty (30) days of its receipt Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid course in writing within said thirty (30) day period at the rate of eighteen (18) Percent per annum (or the maximum interest rate permitted under applicable taw), until paid Client agrees to pity PSI's cost ofiedlection of all amounts due and unpaid after thirty (30) days, including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics' lien, or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice, where required, that PSI shall Vile a lien whenever necessary to collect past due amounts. Failure to make payment within 30 days of invoice shall constitute a vokeres of PSI from any and all claims which Client may have, whether in for(, contract or otherwise, and whether knows or unknown at the time, Hy ALLOCAFION OF RISK: CLIENT AGREES THAT PSPS SERVICES WILL NOT SUBJECT PSPS INDIVIDUAL EMPLOYEES, OFFICERS OR DIRECI'ORS TO ANY PERSONAL LIABILITY, AND THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT' CLIENT AGREES TI 1AT ITS S SOLE AND E'XCLUSIVF REMEDY SHALL BE TO DIRECTOR ASSERT ANY CLAIM, DEMAND, OR SUIT ONLY AGAINST Psi. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING itimilefirwr AND ARE NOT' TO BE CONSTRUED AS REPRESENTATIONS OF PACT. SHOULD PSI OR ANY OF ITS EMPLOYERS BE FOUND TO HAVE BEEN NEGLIGENJ IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENFI-AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSFS WORK AGREE THAFTHE MAXIMUM AGGREGATE AMOUNT OFTHE LIABILITY OF PSI, ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE TAINiTED TO $25,000 00 ORTHFTOTALAMOUNT OFTHE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT`, WHICHEVER AMOUNT is GREATER IN THE FVFNT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSPS LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET` FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF PSUS LIABILITY TO $250,110000 OR THE AMOUNT OF PATS FEE PAID TO PSI FOR ITS WORK ON THE PROJECT, WHICHEVER IS THE GREATER, BY AGREEING TO PAY PSI A SUM EQUIVALENT'FOANADDITIONAL AMOUNFOF 5% OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SFRVICF1S,THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT AS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED IN ANY EVENT, XFFORNEY'S FEES EXPENDED BY PSI IN CONNECI ION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE, AND ONLY ONE SUCH AMOUNT WILLAPPI Y -1-0 ANY PROJECT. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT', OR OTHERWISE, MAY BE BROUGHT AGAINST PSI, ARISING FROM OR RELATFDTO PSTS WORK, MORE'l HAN TWO YEARS AFTERTHE CESSATION OF PSFS WORK HEREUNDER, REGARr:g,Fss OFTHEDAFE OF DISCOVERY OF SUCH CLAIM. I I. INDEMNITY: Subject to the above limitations, PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law. Client shall provide the same protection to the extent of its negligence In the event that Client or Client's principal shall bring any suit, cause of school, claim or counterclaim against PSI, the Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answer and defend it, including reasonable attorney's and witness fees and court costs to the extent that PSI shall prevail in such suit. ly T IN: FlivA2r4eview may be rcrininawd by either prkriy Liprin seven days' 1160T w6it6ip ril+licc. In the even) ill terillinalion, PS1 ;111111 he by Clicill for Al scl y ieea pe i futtmecl tip 1 c % a pid i nu I tid i Jig :he (Cr[ll I Ml [ JOIN Ektite. I Ilel 4 111 i 11 -, r6 IUh1l IMN b IC C X NT15Cus- I Oy I -.B SIW I 1-.N E; SN I - 11 r, IS: I IS 1 5 U Inpl kiyv.es A till I riot lie Nei a I n L d as, I! X pe rl W I I neSiWa LACC 131 h� WP2 MiC, 1vr flea jJrtXlJl U I LI C [ ic ni n?, rccs In la k 5 PSI's lugak expenses, a,3111 i 11 i it vlr r YC I Id Ices pa rm i u n t ti % Rs 1'S then r i I i re ril ltjc sCllegiillv- fur fl5 I Ill Tespull'i it 1 any S LI bJX1k!ll it. 1-o; 3 17c r i ciid of one rear Lid e I I I ic co FIN lit ci I( m of n n v work lie rf%1TFI Ut I under lldCT 111 i 5 it ', FQV EINL, R . I ' I i(All' agi Cev licit to ), a I i Cif, rvV F I III. or tit rc any PSI c I it I Flo ' v = of person, who I vtbi c n e till ployud by PSI iv i I lit n I hL life V itil is L wel V C Ili ill Im II! the cvLl It i : I iel i i desi rL�s Lo III rv. SUC 11 rITI I Rith V Ldl r',l I agri.%ui I hal It -il M t I sce It I hc V ri I I r I I Co 1-w Ill of PSI, and 0 :t [ I li;i) PSI an ale )Lint e(JI JLtl c? 4 lilt - I iaj ( of f 14C 0111 P1 L)VC J! , s a n 11 t I a 1 Izv%l salary, w i t h Lik ti 14S 1 waiving k ill IV I rt P110 res it may ay have. 14 1-1 A LA R DO US Id A I I J, I A L.S: Nothing contained %vil hi 11 r 11 i 5 1F-1 I CV11kIffill -511A I ter COPS E FUR!(] or I rl teCl ITu re d :ks requirmy I'Sl Nil 1I45LII110 the Y;41111; Ill ;ill -J%%4ICr, QNfrit0l. Q!C11tralor. Mawr. imiksportei. Ifemor oy di W-nial ftwilly Is 11low IV' ImL 31117tal, tv i I hill RCRA eir within LkTilp 1:V(JL3r1 Or Stair 5riawe or rlpgkllallUrl 0,0Ytirilifig the ;,01UTZ4tiolL. W1115IXII MliQll. IMITTneld. S'lillage :old di sp; m. ki of roi I 111 r-1 I I i S. 0 i Q Fl I il ssi Ill le4L fill I WsJXXI Si 11L i L t V 1. IN CC, M pl 1;q Rut! w I 111 1 11C [MOV hi(ITO Of Ia.- RA cold :ur), kii hur f�uvle rill ur % i ate sts; u i c of rc g i rl m ioil t-,( ?v c r iii I I g the Kind I i n L-,. r icot ine ril Id d i 5l XISZI 1 11 r lioj I I lf;JI 111, t 5- (J 101 C L 01 L - AW A N 1) 1 �X C1 .( I S I VI. V I IN 11 E: All 0m ii is or k'l J L4 te, i Ll I s i ri g ur relating, It I this a -1 CC Rl u n I shrill t c. go v vp il ud tiv . --) i cil rtivd , iti NJ efife, I CC( I i I 1 0 -cnrbiall ue the I itiv s of I I I i I liai s I he exclusive venue LkLe far till Itc; I Q 12 S Or p Fv1=6 I I "i, 'It 1) L I I g 111 collfleci i Ll N-1 %v il 11 11 1i 5 kg CC, olrk'll t s lia I I I iv ei I lic I I tie NJ IV-' I I i I Cull r I ill I fit I Pq gr C't it NJ I I V- I I I I I [Ois . k IF 11 IV I Mil! VA I 1 '01111 fOf Ilse Nc Frt hVN-j I I )i st t i Cl. if 1111 15(it s. Ill- PRO V IS 10 -N % S EV EVA R L. I ". I he Ira L I ivj hale -, CTNTet CA 4 litio ibis Ltg m*e n it: i NJ in gtr-xi fili I It. n ad II is the sJwo If c Into I r of 4 lie I i;si I I o.s filar fate i r rni 5 kJ rhos: (jCnVFi Ll Ald iF I LI rl ii lie V n I IlKtC i :Is writ IV ri. 111 the clew any 4 11 the P r0V 15t11114 Catl 11U%e I is [tC' f-.1 I CE I t1di I iiall 9 1 hOlk[I L I he found tCl tel JW Ll rJC 91 f0i-CiiN ill IC, I I sN k I I Ina stricken and I tic Nit: In In I I) I lig I ii ov i a011% shall t C is I 1r ncea h le. 17 E'fl1RJ-.A(iNE1-AlF,%l I his ,i! lcculenl �xms[iuites Ihl calla undcrst indiLg_ +f the pxrrics.:uul dwC err u++ rcpre.;rnt:uinns, w:ar, ntics or rlud Takla 5 vlade ether Than ifs sci InE1h lecreln. 13 900 1 I I,)) 7i 10 A W iis;r 0 0 ■ & Associates, Inc. CONSULTING ENGINEERS & SURVEYORS 10305 NW 41 Street, Suite 200 Miami, Florida 33178 TEL: (305) 591-8777 FAX: (305) 599-8749 March 31, 2014 EAC Consulting Inc. 815 NW 57t" Avenue. Suite 402 Miami, Florida 3330933126 CONSULTING ENGINE.ERS & SURVEYORS www.FR-Aleman.com Attn.: Mr. Huntley Higgins RE: FRA's Scope and Cost Proposal for Subsurface Utility En-ginecrina Services for Lake Surprise Estates. In accordance with your request, F.R. Aleman & Associates, Inc., ("FRA") is pleased to submit our proposal to provide the required Subsurface Utility Engineering services to your firm. Description of Services FRA will provide the required SUE Field crews, equipment and special tools to designate (including GPR), vacuum excavate and provide deliverables for the Project. FRA's proposed services will include required locating and designating services during the design phase of the project. This proposal and scope of services is based on the information depicted in the Utility Information provided to us by your firm (PDF A total of 60 Test Holes will be performed. FRA will deliver a printed copy and PDF versions of test -hole reports for each test hole along with Each test -hole report will contain a description of the test -hole, the utility owner, condition, horizontal and vertical location and a sketch of the immediate area surrounding the test hole. The information requested does include survey information. Process Electromagnetic induction is a method in which a transmitter signal is applied by directly coupling to a target. As long as the target is metallic, a receiver is used to detect the transmitted signal. on power cables generating a 50/60 FIz. Signal. Additionally, passive VLF signals can be detected on other metallic utilities that are typically long in length and are well grounded electrically. Some utility systems contain portions of non-metallic material and therefore may be un-locatable using EM techniques. A GPR unit can assist in identifying non-metallic utilities and other structures that ar@ unidentifiable using traditional electromagnetic techniques. The GPR method transmits Miami - Lake Mary - Tampa - Jacksonville - Weston Mr. Huntley Higgins, PX March 31, 2014 Page 2 of 3 electromagnetic waves, which are pulsed at discrete distance / time intervals. The transmitted pulse radiates through the earth whereby a portion of energy is reflected from interfaces of contrasting electrical properties (e.g. pavement and soil interface, soil stratigraphic changes and buried metallic objects) while the remaining energy continues until reaching additional reflectors where the process is repeated. Reflected energy is received by the antennae and recorded for later processing and interpretation. Factors such as soil moisture, clay content and variations in the dielectric constants of materials control the effectiveness of the GPR method. Wet conductive soils severely attenuate GPR signals and thus effective the depth of exploration. GPR energy cannot transmit through ferrous objects since metal acts as a pure reflector. In order to accurately conduct v rim'ujr or obstructed areas that restrict the scanning pattern can impede the data collected and reduce the accuracy of the tiesired results. • Conduct appropriate records research, • Program and calibrate electromagnetic utility locating equipment, • Perform horizontal locations of existing conductive utilities using electromagnetic techniques, • Mark selected targets on the ground surface as necessary, • Interpret field data and perform on -site designating field sketches, • Perform survey of es aces & Locates Locating, Designatiny--and-Surveying FRA will locate the identified utilities and designate sufficient locations to delineate the existing underground utilities. FRA will provide the Test Hole Data Forins, then provide hard copies and CADD electronic files on disk for deliverables. Conditions and Exclusions • Utility Locations are being provided in an attempt to prevent or reduce the likelihood of damage during excavation, • Areas to be surveyed with GPR must be level and free of obstructions, • Results are dependent upon field conditions at the time of locating services, • FRA is not responsible for, moved, altered, obliterated or maintaining marks. If marks are destroyed, FRA may impose an additional fee to relocate / remark facilities, • If underground facilities are damaged, whether marked by FRA or not, it is your obligation to inform FRA within 24 hours of the damage. • Prior to excavation (for test holes), FRA will be responsible for securing locations of public utilities through Sunshine 811, (800-432-4770). Miami - Lake Mary - Tampa - Jacksonville - Weston Mr. Huntley Higgins, PX March 31, 2014 Pace 3 of 3 Service Description Quantity Rate Proposed Cost Test holes /Survey Included 60 Holes $275.® Hole $16,500.00 Designation/ Survey Included 7 Days $1400.00Per Day $9,800.00 $26,300.00 Total Proposal Cost Proposed Schedule FRA has carefully reviewed the scope of work and have evaluated our resources, equipment and manpower availability and we have determined that we can successfully complete the scope of work as required by Terracon's design schedule. To accomplish the deliverable goals of this important project FRA is committing our statewide SUE, Utility Designating, Survey resources and equipment to this project which consists of. Two (2) SUE Crews equipped with state of the art Vacuum Excavation equipment. One (1) Designating & GPR Crew. FRA will be able to mobilize the required equipment and resources within 2 days from the date that a subconsultant agreement is executed between EAC and EPA and Notice to Proceed is issued to EPA. Proposal Exclusions Any Support during construction phase. FRA would be pleased to provide the similar services during construction phase (scope and fee to be deten-nined). We appreciate this opportunity to submit our cost and schedule proposal for this project and took forward to working with you on this project. Should you have any questions, please do not hesitate to contact me. Na�mrjl Miami - Lake Mary - Tampa - Jacksonville - Weston IRL. & Associates, Inc. RD Miami, Florida 33178 TEL: (305) 591-8777 FAX: (305) 599-8749 Attn.: Mr. Huntley Higgins, P.E., Senior Civil Project Manager EAC Consulting, Inc. 815 NW 57th Avenue, Suite 402 Miami, FL 33126 CONSULTING ENGINEERS & SURVEYORS www,FR-Aleman,com RE: Scooe of Work and Price Proposal for a Topographic -Survey for Lake Surprise Estates , Key Largo. In accordance with your request, F.R. Aleman & Associates, Inc., ("FRA") is pleased to submit our scope of work and fee proposal to EAC Consulting, Inc. for the above referenced project. Based on information you provided to us in your email dated 3-26-14 limits of subject project will include the roadways listed below with a combined linear footage of +/- 11,600 feet. Bahia Honda - Largo Rd to East end Big Pine Rd- Largo Rd to East end ➢ Lake Surprise Rd -US1 to Largo Rd. ➢ Lake Surprise Rd - Largo Rd to Plantation ➢ Lake Surprise Rd- Plantation to Mangrove ➢ Largo Rd -North end to Big Pine Rd ➢ Largo Rd -Big Pine Rd to Bahia Honda ➢ Largo Rd -Bahia Honda to Vaca Rd ➢ Largo Rd-Vaca Rd to Lake Surprise Rd )0- Largo Rd -Lake Surprise Rd. to DS@1000S ➢ Largo Rd-DS@1000S to Oakwood Ave ➢ Largo Rd -Oakwood Ave. to Plantation ➢ Largo Rd- Plantation to Long Key Rd. ➢ Largo Rd -Long Key Rd to Grassy Rd. ➢ Long Key Rd. -Largo Rd to DS@1000N ➢ Long Key Rd-DS@1000N to North end ➢ Lower Matecumbe Rd- Plantation to North end ➢ Plantation Rd -North end to Lake Surprise ➢ Plantation Rd -Lake Surprise to Windley Rd ➢ Plantation Rd- Windley Rd to Upper Matecumbe ➢ Plantation Rd -Upper Matecumbe to Lower Matecumbe ➢ Plantation Rd -Lower Matecumbe to Largo Rd ➢ Summerland Rd- USI to West end ➢ Upper Matecumbe Rd- Plantation to North end Vaca Rd. -Largo Rd to East end Miami - Weston - Lake Mary - Tampa r. Huntley Higgins, P.E. March 27, 201 Page f2 Full topographic survey for roads (right of way to right of way) described above which will include but not limited to asphalt pavement, sidewalks, trees, above ground evidence of underground utilities, drainage structures with invert information,driveways,oa etc. Survey at the intersections (side streets) will extend to point of radius returns with elevations along center of cross streets and curb returns. Cross sections will be performed at 100 foot intervals. Right of Way Monumentation recovery and/or re-establishment in order to provide Right of Way Lines throughout limits of project. This will require field recovery of centerline control, and property corners through each listed street. Horizontal control will be referenced to the State Plane Coordinate System (Florida East Zone NAD 83/90). Vertical control will be referenced to NGVD 1929. Only trees with 3-inch diameter trunk or larger will located. Vegetation lines will also be located. Rim, top and invert elevations of all existing sanitary sewers' manholes, drainage culverts, manholes and catch basins will be provided. Cross Section will include elevation at the centerline, edge of pavement, top of curb, back of sidewalk, low and high points, lane line, drainage ditches (when applicable). FR-Aleman will deliver two Micro Station files; the first one will show with existing Topographic a the drainage information,including• •` size, material and direction of each pipe. Included in the topographic•! test holesfor possible utility conflictsRight of Fee Pronosal Description - ♦ Crew 3 men .Fi Survey Tech Surveyor and Mapper CAD! • ► $49,652.48 Topographic survey will be performed according to Minimum Technical Standards, Chapter 61G17, Florida Administrative Code, State of Florida. MS29BUIM Jose L. Sanfiel, P.S.M Project 76711150TTIT11111W.T..Dlill /4f 1-.y6 This Agreement ("Agreement") made and entered into this day of 20 te of Florida, whf5se _& by and between Monroe County, a political subdivision of the Sta address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, %f-QvmAy ("BOCC"), UZLIAW EAC Consulting, Inc., a Corporation of the State of Florida, whose address is 815 NW 57th Avenue, Suite 402, Miami, Florida 33126 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida and I 11KC111619ilm WIN III 1a - 611 a z I is- all tj 1[z] & 0 1 0 1 Irl-11 IN, A F.Mmul a ONVIN '00 1 ioiimi,aiiiiil 1 0 cnars ana paptieni cunuluunS, anu auumonal termS anu cunlinfor 5 inat Task Orders. k B 14 , . I '11110011002comeng 041 MEN• # - The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreemenm stated herein, and for other good and valuable consideration, the sufficiency of which is here acknowledged, COUNTY and CONSULTANT agree as follows: i VAUMM 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 •; • 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 • conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited • all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The 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, ♦ origin, sex, .•- or any • characteristic • aspect which is not job -♦ in its recruiting, • promoting, •: • any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 2.1 SCOPE OF WOR& The CONSULTANT will perform for the COUNTY services as descdbed in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES 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 n�AijF;�.t? 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 t-111*11i -%*Lu-'Fwtex—%�mp-t-9,4v-I-R-9=?-l-6 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Mr. Huntley Higgins, P.E. Project Manager Miami, Florida 33126 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 +COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV 4.1 The COUNTY shall provide full information-•. r r requirements forthe Project includii 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'Sservices. 4.3 Prompt written notice shall be given by the COUNTY and its representative to t CONSULTANT if they become aware of any fault or defect in the Project or no conformance with the Agreement Documents. Written notice shall be deemed to have be duly served if sent pursuant to paragraph 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 • • work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or i subconsultants shall be solely for the purpose of determining whether such documents a 11 generally consistent with the COUNTY's criteria, as, and if, modified. No review of su documents shall relieve the CONSULTANT of responsibility for the accuracy, adequa fitness, suitability or coordination of its work product. 4.7 a.... infon-nation that may be • assistance (• the CONSULTANT that the C011i immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AN❑ HOLD LESS 5.1 The CONSULTANT covenants and agrees to indemnifyR 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 llmlted to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful• « of - CONSULTANT,# • •«r other persons 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTAN tts indemnification provided for above. The extent of liability is in no way limited to, reduce* or lessened by the insurance requirements contained elsewhere within this agreeme 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 .♦ 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 • •', 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 -• •. the insurance requirements contained elsewhere within the '• 5.5 This indemnification shall survive the expiration • early termination • the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The • 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 Huntley Higgins, P.E. Project Manager Gregory Mendez, P.E. Senior Civil Engineer —Shari Ramirez, P.E. Project • Rodney Devera, RE. Project Engineer Evelyn Rodriguez, E.1 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 • the change immediately. ARTICLE V11 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTMJS performance of this Agreement based on rates negotiated and agreed upon and shown Attachment A. I 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forg herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to t1i 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. Th�i CONSULTANT'S invoice shall be accompanied by such documentation or data ir support of expenses for which payment is sought at the COUNTY may require. lW11111111111111111 N 4 1 il� M 11 z&-f-3:11 R :9 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, • • to the extent and in the amounts authorized by Section 112.06 1, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; - 0 0 plflnn�� 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to • any fees • 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 Vill INSURANCE insurance at all times that this Agreement is in effect. In the event the completion • 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 I" or better, that is licensed to business in the State of Florida and that has an agent f service of process within the State of Florida. The coverage shall contain an endorseme I providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverag I Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in form acceptable to the COUNTY. 11 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use • motor vehicles, including • and offsite operations, and owned, hired or non - owned vehicles, with • Million Dollars ($1,000,000.00) combined single limit and • • Dollars ($1,000,Ili .00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, • and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability .• with One Million /•l ($1,000,000) •. occurrence • annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. 4 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. 1. 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. R h M 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. may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 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. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 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. I 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. This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on Ike CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES WILZ79-72MIA WM M UP M M 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 COU NTY'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 -,?vftaim-L1 noMracneo-, involved or whether CONUSULTANT has been *jaced 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. 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 monies were paid by the COUNTY. 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 16th 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. The COUNTY and CONSULTANT agree that in the event any cause of action or adl-11141 the non-prevaiiing 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. Each party represents and warrants to the other that the execution, delivery an4 performance of this Agreement have been duly authorized by all necessary County an(*' corporate action, as required by law. that all applications, requests, grant proposals, and funding solicitations shall be approved • each party prior to submission. L 0=11=11,711AZW 10 De resoivea Dy Meet d[IU GUM(di 5tiziblU1115 IJU"Zeeli 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. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, • breach • this +• 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. which prohibits discrimination on the basis of handicaps; e 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 Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, rel�ting 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 •- 11) Any other nondiscrimination provisions in any Federal • state statutes which may apply to the parties to, • the subject matter of, this Agreement. 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. 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. A nor reiaineu a7irTMITAka-77 to solicit or secure this Agreement and that it has not paid or agreed to is 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. 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. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the jj-c,# I'll, RIV Co 9 fill all _-W nor shall any contract entered into oy Ine UVITI I T De reqXR-U0 007ERNA—M—rc—fr t ��1067 waiver. U ffri-ari-iTWUUzlMff*Ti-il[.M!lllfnI 1,19 KITAMWO1 W IJIN I ItIl"M appiy to The activity ot officers, agents, or empioyees t any pG011c. dig"[ ILb or empu& I MR-7-71 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. Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, for shall it be construed as, relieving any participating entity from any obligation or .-esponsibility imposed upon the entity by law except to the extent of actual and timely Aerformance thereof by any participating entity, in which case the performance may be tiffered 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. No person or entity shall be entitled to rely upon the terms, or any • them, • this I MKIIVAIMATI - =01COHe 11041ID4111111. I X a N N POP M IKSINILIFlimil, empuyee • unner MIA na-re ine a 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. 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 •. this Agreement ♦ CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit Cit. srte-vi�'�X'#-?t�nd 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. No covenant or agreement contained herein shall be deemed to be a covenant or 2greement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, .■...: • employee • 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. 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 hrstmffr&rt�wr4 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. 9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. M a). Appendix I of the FDOT Standard Protessional Services Kgreem B. b). The CONSULTANT and any sub -consultants shall not discriminate on the basis of race, colc national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub-Gonsultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. Such action shall include, but not be limited t the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. e). The CONSULTANT and all sub -consultants agree to utilize the U.S Department of Homelar Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub -consultants during the term of the contract. f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation Statement Form No. 275-030-11 A to identify DBE participation as outlined in Paragraph 9.29, -1 Gd it] V4*1 Ma r1l R-i-74 0 [W-1.1m sawls i tit my,71 I I a w 11 K*AffM*1vr4 Fame agmel I I I at lr,� IVA i�img is 16--1 L01 ip 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) AY HEAVILIN, Clerk lerk Date-, 1-1-7- 2014 (Seal) Attest: BY: Title: 74• By. MayorlChairman CONSULTAN By: 44 Title: MONROE COUNTY ATTORNEY APPROVED AS TO FORM- CITR—ISTINE M, LIM BERT-BAR ROWS ASSIST ,%�V - COUNTY ATTORNEY Date Jq am--- I I IfflF, Ni I IN III I I I � I I � I �1111 EAC Consulting, Inc. Position Billing Rate Principal $ 225.00 Project Director $ 215.00 Project Manager $ 190.00 Snr. Bridge Engineer $ 188.00 Snr. Civil Engineer $ 185.00 Project Engineer $ 125.00 Sr. Engineering Technician $ 95.00 Engineering Technician $ 85.00 Resident Engineer $ 80.00 Sr. Engineer Inspector Engineer Inspector $ 72.00 Clerical $ 50.00 ATTACHMENT B APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT yI _E. ID C,QN._.._.A-CT.S (APRENDAIL The following terms apply to all contracts In which it is indicated in Section 6.6 of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. his understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered Into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary In this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to lime, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreaeamvril. C7. Nondiscrimination' The Consultant, with regard to the work performed during the contract, shad neat discriminate or, the basis of race, color, national origin, sex, age, disability, religion or family status In (lie selacllw and relerlllan of subcontractors, including procurements of material and losses of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth In Appendix B of the Regulations, £ Solicitations for 5ubconUacis, Including prncurement , ❑f Mateflale and Equipment In all scif nitativns made by the Consultant. either by competitive bidding or negotiation for work to be performed under a .subcontract, including procurements of materials and leases of equlpolent, each putential subcontractor or supplier shall be notified by the Consultant of The Consultant's nbligalions under this contract and the Regulations relative to nondischniinatldn arl the basis of race, color, national origin, sex, age, disability, religion or family status. Information and Reports: Thq Consllllanl will provide all Information and reports requlraU by tine Regulations, or directives issued pursuant therato, and will permit iwcoss In Alga bnuk i, mcuriSs, an: x)Plms. nthur '40WCu+a nt InfUl'IM1000, tuul its facilities as may ve detern,lned by the Fi rodn igcpZrilnnnl of T rane;purti3(jk1ni, f e oral Highway Admroistratlon, FoOafai Transit Administration, Federal Aviation Admatisinitiun, andlnr FiMcilni Molar Garner &ifitiy rlelrnrratiirativn to bra PerlinPnt to asr, Fafm tain copliance with such R agO a[ion s, orders anti Instiliciions. Wharu any +nfrYrmEli ion ft. o l.rlrr3rl of (he [;etnsullanl is in Itae exclusive possession of another wilt) rails or refuses to furnish this information. the Consultant shall so Cart fy 10 Ilia Florida Department of Transportation, Fsderar Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlnr the Federal NMtor Gamer Safety Administrabonas appropriate, and shot$ set forth what efforts it has made to obtain the information. C Sanctions for Noncompliance: In 1ho ovrrnt of il,I' Collsuhant's nt)ncCalnpllJ11[:t_ "Nlth the nq,ildts :rimasieabun provisions of this contract, the Florida Department of T'wospurtalion sli:all impose such ixanlr,t:t sanctions .as it or iho Fe:rlortl Highway Administration, Federal Transit Admur.;tralsir,. FrldnrA Aviation Admirustral:+-a+l. ,,ndrnr f'rttnmt Ninlor C arrka r Safety Administration may determine to be appropriate, including, but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation, tennination or suspension of the contract, in whole or in part. Ir toll :ar:tiityl, hr PrUVit, lofIs filler Cnr,i:ullerrit -10111 11tr,1a11101 th❑ 1) rov 1"i ir I I " Ui P'jnIgfniptI C: thrrnrylt i i i,I 61v.3ry sII101;nn113a:t, rnclutlua_g pro nurnrniml,.; of maurrfaIs :a•uS le; Iso5 of egiJllJnFen t ur)Iuss exis ritpl lay tiara RftytllriRt)Ir,i, hrdt:r nr Inslnl(:fion: I$Suttet Irursul 111 Il+uretir. the !;un5Vll1anl will rake such arliof, •,�rdh mspncr to any sub[:nrllraol r)r p! Qej)'rrerrl,tnt :as 1140 F1a]ritla I lops artment of rrrinsl:nn:eliun, Fodur.,ii ;Aighivoy Ad nimSirettiun, Fiid<.afal Trur3slt Adrnaolstmtinn, Fodi ral Avatrtnm Adwinisttatsun, andfar Oleo Fudural hlatrrr Carver Safety Adfnrnitilr.atiur, may d1rect as :7 means of oninrning st)Oh provisions, Including sanctlfms fur rroucompl$ance. in the ,wt:nt it Consultant tar wines .nunivod In. u1 is throsirmad with, Ill lgation with a subr:onlractur or supplier as ca result of such diractlon, the Consultant may request the F lorida Department of Transportation to enter Into suuh $iligat$on to protect the interests of tha Florida Deparlm4m of Trar,sponalion, and, In additioi,, the Consultant m,ay request the United States to enter Into such :Iligalion to protect the interests of the tlhiteo States. interest of Members of Congress; No member of or delegate to the Congress of the United states will be admitted to any share or part of this cantraot or to any benefit arising therefrom`!. interest of Public Officials: No member, officer. or, omployea of the public body or of a local public body during his tenure or for one year ihoreaflor shall have any $nlorest, direct or $ndlrIGt. in this contract or the proceeds thereof. For purposes of this provision, publlc body sfaall Include munic$palltins and other political subdivisions of States; and public corporations, boards, and cornimisslona iastablished under the Laws of any State, K, Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 DER 26,13(b), This statements shall be included in all subsequent agreements between the Consultant and any subconsultanL or contractor, TI)a Coosuitant, sub rucipivaWT subcontrar(or shall 001 flir"NitoiniltO an the basis 01 rnnn, color, national origin, Or sex in The performance of this contract. Tho oantractor shall Ca" out applicable reQuirememits of 49 CFR Part 2U in the award and adrninislration of S3gT rasslstad contracts. Failura by the Consullantot carry out these requirements is a material breach of this ronl-rack, which may restsh in termination of this contract or other such remedy as the recipient deems a0ptoPhate. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the projects) described in this Agreement is a violation of the Federal Law, Accordingly, United States Code. Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. fyIt Is und n. r 1; t no i I a! id wt[]i Qad ilia I I f the CG 1" 01 to ni nt ar ty time ler3ms That the cartificiiion it provided the Department in o0MpIJar11:Q w1pi 45 CrR. Section 26,51, was. wreruious whOrl submitted or, has become erroneous by reason of changed rircurvskant;oc. lhce Consiptlarit shall MAW n0itf-e to the Department It is further agreed that the clause titiGd "CertlFication Rogafding Dabarrnw. Suspanglon. Inallgibilily and VulQntary Exclusion - Lower Tier Covered Tcanaaigion" wi not forth in 4D CF-R. Section 2t) $1U, shall he included by the Consultant in all lower tier covered transactions and In all aforementioned iedafal re9VIE100n N The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the Department, directly or indirectly as an express or implied condition In connection with obtaining or carrying out this contract, to 1 employ or retain, or agree to employ or retain, any firm or person, or 2pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind: The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Faderai-Ald funds, and is subject to applicable Stake and Federal Laws, both criminal and civil. Q. The Consultant hereby certifies that it has not: employed or retained for a Commission, Percentage, brokerage, contingent fee, or other consideration, any firm or person (other then a bona fide employee working solely for the above contractor) to soliCik Of secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm Or parson in connection with carrying out this rontract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring Or carrying out the contract. The consultant mrdAa-.-u*nowlukt9o!i that this agreement will be furnished to the State of Florida Department of Transportation and a fuciano nsnit:y [h connection with this contract involving participation of Federal -Aid funds, and is subject to applicable 31'Mo ;Wri Njderal Laws, both criminal and civil, ATTACHMENT C PIT R i • 1 R R• ;• 1> S► ► 1 ► ♦ ►: ► � .:, R � ;.. R i ♦ 1 is a 1. • ;.. Federal • Contracts STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33 PROCUREMENT CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES `10/01 ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section and belief: WN --SON SON with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) was made or entered into. bubmission ot this cenitication is a transaction imposed by Section 1352, Title 31, U.S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. m the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. I Name of Consultant: By: Date Authorized Signature: A Title: Qvc� - 11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 PROCUREMENT CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 10101 INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification) "M11 aeoarmeni, aeci8reu lnellglulu, department or agency. Name of Consultant: By Date,- Authorized Signature Title.- � I�C, ey.��vr\ C_ko I . By signing and submitting this certification with the proposal, the prospective lower Her participant is providing the certification set out below. 2. The certification in this clause is a materiat representation of fact upon which rellanze was placed when this transaction was entered into. it it is later determined that the prospective lower Her participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. If at any time the prospective lower Her participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','parficipant', 'person', primary covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submtWng this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower bar covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that R will include this clause titled 'Appendix B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower Her covered transactions and in all solicitations for lower tier covered transactions, 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. S. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. q- Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and/or debarment. EACCO-1 OP ID: SD CERTIFICATE OF LIABILITY INSURANCE DATE {MMdDD ) 04/29/14 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 ISUE(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTACT Kahn -Carlin & Company, Inc. 305 46-2271 NAME; PHONE FRx 3354 S. Dixie Highway 305-44 -3127 yyc, Na, E=tl: 305-4 6-2271 (AID aQI: 30 -44 -31 7 Miami, FL 33133.9984 EMAIL rocessin kahn-carlin.ca ADDRESS, p g� INSURER(S) AFFORDING COVERAGE NAIC # _ �10178 INSURER A: FCCI Insurance Company INSURED EAC Consulting Inc. INSURER B: National Trust Insurance Co y2011 15 NW 57th Avenue #402 INSURER c: Fireman's Fund Insurance Co. 2011 Miami, FL 33126 .25 INSURER D: Ironshore Specialty Ins Go 5 INSURER E INSURER F rnk/F ®rSFC r.;=RTIFIrATF NI I RFR• RFVISION NII RFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR i TYPE OF INSURANCE �1DDLUBR LTRINSR POLICY NUMBER fAMlaoirEirii' M Noodrr ry LIMITS GENERAL LIABILITY j EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X CPPOO110494 04/22/14 04/22/15 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,00 CLAIMS -MADE X I OCCUR MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00_ GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG ' $ INCLUDE POLICY, X PRO- LOC $ AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT . Lr� accident) $ 1,000,00 ANY AUTO X CA00157204 04/22/14 04/22/15 BODILY INJURY (Per person) $ • ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS I AUTOS NON -OWNED ' X HIRED AUTOS X AUTOS PROPERTY DAMAGE _ (Per accident) $ $ UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $ 5,000,00 , C X I EXCESS LIAB CLAIMS -MADE X -UMB0016564301 04/22/14 04/22/15 AGGREGATE j $ 5,000,00 [ ED X I RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- X TORY OMIT$ j. ER AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y� IN .001 WC12A59714 04'122114 04/22/15 E L EACH ACCIDENT _ $ 1,000,00 OFFICER/MEMBER EXCLUDED? / A (Mandatory In NH) EL DISEASE - EA EMPLOYEE_ $ 1,000,00 pEdescribe uner SCRIPTION O tlOPERATIONS below EL DISEASE -POLICY LIMIT $ 1,000,00 D Professional Liab. 000970202 j 04/22/14 04/22/15 Per Claim 2,000,000 Deductible-50,000 RTO DATE- 9/6194 Aggregate 5,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS d VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) PROJECT: Professional Engineering Services - EAC Project 13038.SDo1-00 The certificate holder is additional insured as respects General Liabilit Auto Liability. y' I Y. G 4ENT f3 WAIVR'NJ 1_Z YE r'cot1CIr-A'YG LJni riCA r®klrGl I ATlnkl MONRO-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County GG THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Room 216 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key est, FL 33040 © f t •-V-•w w, All rignts reservea. •-■ r t l *-D name and logo. .-D