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Item F26BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 f T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: F26 Agenda Item Summary #2315 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 N/A AGENDA ITEM WORDING: Approval of a Task Order in the amount of $107,857.93 with HDR Engineering, Inc. for development of the Design /Build Request for Proposal (RFP) documents and Procurement Process support for the Card Sound Toll Authority All Electronic Tolling (AET) system upgrade. This task order is being awarded under the On -Call contract for Professional Services. ITEM BACKGROUND: Following the completion and submittal of a Long Range Business Plan performed by HDR Engineering, the County has decided to convert the Card Sound Toll Plaza from manual collection of tolls to an All Electronic Toll (AET) facility system. HDR Engineering is currently assisting Monroe County with negotiations with Transcore and the Florida Turnpike Enterprise (FTE) for the conversion. Development of the Design /Build RFP and the procurement process are the next phases of the conversion project. PREVIOUS RELEVANT BOCC ACTION: January 16,2014: BOCC approved On -Call Contract for Professional Services with HDR Engineering, Inc. July 15, 2015: BOCC approved Task Order with HDR Engineering, Inc. for professional services for the Card Sound Toll Authority Long Range Business Plan Development. September 21, 2016: BOCC approved Task Order with HDR Engineering, Inc. for negotiation support during negotiations with Transcore and Florida Turnpike Enterprise. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Task Order DOCUMENTATION: HDR task order _RFP design -build - 11- 2016_Signed On Call - HDR Engineering - EXEC - 1 -16 -14 FINANCIAL IMPACT: Effective Date: 11/22/16 Expiration Date: 8 months from issuance of Notice to Proceed Total Dollar Value of Contract: $107,857.93 Total Cost to County: $107,857.93 Current Year Portion: $107,857.93 Budgeted: Source of Funds: Fund 401 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 11/22/16 401 -22502 - CARD SOUND ROAD $107,857.93 REVIEWED BY: Judith Clarke Completed 11/04/2016 1:56 PM Christine Limbert Completed 11/04/2016 2:01 PM Budget and Finance Completed 11/07/2016 10:27 AM Maria Slavik Completed 11/07/2016 11:02 AM Kathy Peters Completed 11/07/2016 12:25 PM Board of County Commissioners Pending 11/22/2016 9:00 AM TASK ORDER FOR ON CALL PROFESSIONAL SERVICES BETWEEN MONROE COUNTY AND HDR ENGINEERING, INC. FOR THE CARD SOUND TOLL AUTHORITY ALL ELECTRONIC TOLLING SYSTEM UPGRADE 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 HDR Engineering, Inc. hereinafter referred to as "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 22 " Day of November, 2016. Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: The scope of services for the Card Sound Toll Authority All Electronic Tolling (AET) system upgrade will include development of Request for Proposal (RFP) documents for the Design /Build contract as well as assistant and support with the procurement process. 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. Article VII, Paragraph 7.1 is amended to include the following: The Consultant shall be paid monthly; the following amounts will apply for task order: Labor (lump sum) $ 105,340.00 Reimbursable Expenses 2 Total Fee $107,875.93 Article IX Miscellaneous, Paragraph 9.21 is amended to add the following: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. * • • . * . * . • 1 q * * * • - i r The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY- BRIAN@MONROECOUNTY- FL.GOV, _ MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street SUITE 408 KEY WEST, FL 33040. Article IX Miscellaneous, Paragraph 9.30 Federal Highway Administration Requirements do not apply to this project. IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Consultant Witness: HDR Engineering, Inc. Signature / Date Title F M i N q1 signature (SEAL) Attest Amy Heavilin, Clerk By: Deputy Clerk Date; BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA by: Mayor /Chairman EXHIBIT A CONSULTANT'S PROPOSAL FOR SERVICES { a Proposal Development of the Request Proposal document Pro cess support for the F Sound Toll Author Tollin System Upgrade Purpose Monroe County desires to develop the Request for Proposal (RFP) documents for the Design -Build (D -B) contract of the Card Sound Toll Authority (CSTA) Tolling System Upgrade as well as have HDR assist the County with the Procurement Process. Background Monroe County, through the CSTA has primary responsibility for maintaining and operating the roadway system that includes Card Sound Road (CR 905A) and a portion of CR 905. The CSTA operates the toll booth 24 hours a day, seven days a week, and also maintains the toll facilities and grounds within the right -of -way along the CSTA roadway system. This roadway system is required to be maintained as an alternative route for hurricane evaluation. Built in 1960s, Card Sound Road (CR 905A) provides a direct connection between the mainland and the northern Monroe County barrier island and the community of Ocean Reef. Card Sound Road is a two - lane highway with unpaved shoulders, and includes five Bridges -- four smaller low clearance bridges over shallow waterways, and the Card Sound Bridge, a high level bridge spanning over a navigable waterway. A single manually operated toll booth is located near the midpoint of Card Sound Road just west of the Card Sound Bridge. The road intersects US-1 (also referenced as SR -5 and Overseas Highway) just south of Florida City (approximate MM 127), and runs south and east approximately 12.5 miles to the toll booth located on the west end of the Card Sound Bridge. The road continues east of the bridge for approximately 4.0 miles and intersects with CR 905 south of Ocean Reef. HDR recently completed and submitted the Basis of Design Report and the Traffic & Revenue Evaluation as part of the original Task Work Order issued for the evaluation to convert the CSTA tolling system along Card Sound Road (CR -905A) to an All Electronic Toll Facility (AET). As part of HDR's report on the conversion it was recommended that it would be in the best operational and economic interest for Monroe County and the Card Sound Toll Authority to enter into agreements with Transcore and Florida Turnpike Enterprise (FTE) for the installation and implementation of an AET system based on the SunPass technology and for the processing of all transactions, including image based transaction. With authorization from the County HDR initiated negotiation support efforts with Transcore and FTE. A 11Page HDR (engineering, Inc. .Sc°ope of Services fbr• Cord "found `foil Authority supplemental Task Work Order was issued by the County that allowed HDR to continue with the negotiation support in preparation for the September Board of County Commissioners Meeting. Negotiation efforts have not been finalized. This new Task Work Order will enable HDR to complete negotiation support with Transcore and FTE, support the County in the development of the RFP documents, and assist the County with the procurement process. . no , Task 1.0 - Finalize Negotiations With Transcore and FTF Services to be provided under this task includes finalizing negotiations with Transcore and FTE on behalf of the County to obtain cost estimates and establish contract requirements for the installation and implementation of an AET system based on the SunPass technology, processing of all transactions including image based transaction, and long term maintenance of the equipment. Transcore: Review of the placement of equipment on the gantry and at the site and review with them of any changes as a result of requirements from FTE. FTE: Pending proposal from FTE that will include pricing, a definition of the requirements, a delineation of responsibility between FTE, TransCore and the County. This proposal will need to be carefully reviewed to ensure all County requirements are included. Once a proposal is acceptable to all parties the "final agreement" would need to be approved by the Commission and executed. Task 2.0 - Request for proposal (RFP) Services to be provided under this task includes the preparation of a RFP, Design Criteria and Concept Plans Package for the above referenced project. Support services include, but are not be limited to, the following: • Prepare RFP Package, attachments and reference documents, as well as conduct coordination with project stakeholders. • Prepare, Attendance, and Follow up for Project Related Meetings. Prepare for, attend, and document the action items and decisions made at multiple agency, technical, and administrative management meetings for this project. Coordinate with the County and other stakeholders on all items requiring County approval. • Develop Concept Plans to an extent to be able to define project requirements for the RFP while using the Basis of Design Report (i.e. research, preliminary criteria, and preliminary plans) as reference document. Additionally, • Finalize integration plan for AET system and define AET equipment specifications and requirements based on latest negotiation efforts • Define architectural requirements • Perform preliminary utility research and coordination to determine potential conflicts with proposed improvements 2 1Page HDR Engineering, Inc. Scopes of ServicesIbr St1 tin (I `T'(')HA thw Iq? • Finalize drainage and vertical geometry details • Finalize preliminary permit requirements • Evaluate Traffic Control Plan requirements including restrictions • Prepare contract time evaluation and recommendations • Update project cost estimate • Finalize signing requirements • Finalize overall criteria for design The Monroe County Request for Qualifications for professional services template as well as the Monroe County Purchasing Policy (Revised 9/16/2015) will be referenced for the development of CSTA Tolling System Upgrade project RFP. Task 3.0 — Procurement Process Services to be provided under this task will include activities, management, and miscellaneous support as directed by the County associated with the procurement process of the CSTA Tolling System Upgrade project. Standard County process will be adopted that consists of reviewing, scoring, and ranking the technical proposals while then factoring in the price proposal. All participating D -B firms are to be pre - qualified by FDOT for the corresponding work group and no interviews or pre - qualification meetings will be conducted. Additionally, this task includes preparing for and attending meetings, as well as reviewing and commenting on various documents. Support services include, but are not be limited to, the following: • Assistance in responding to proposer questions • Preparation and processing of RFP Addenda as needed • Assistance in the evaluation of D -B Firm Technical Proposals • Preparation for and attendance at meetings with County personnel Schedule for Performance of Work Consultant estimates that the services included in this Scope of Services can be completed within 8 months from issuance of Notice to Proceed to the beginning of construction on August 1, 2017. Schedule is preliminary and was developed under the assumption that the Notice to Proceed will be obtained on December 1, 2016. 1.0 Finalize Negotiations with Transcore and FTE: December 2016 — January 2017 2.0 Request for Proposal: December 2016 — January 2017 3.0 Procurement Process: February 2017 —June 2017 4.0 Begin Construction: August 1, 2017 1 Page i- DR Engineering3 Inc., Scrap: of Services fir Card Sound Boll Authority Fee Estimate Consultant will perform services detailed in the Scope of Services for a fee as detailed in Attachments 1 and 1a and summarized below: Labor (lump sum) $105,340.00 Reimbursable Expenses $2,517.93 Total Fee t $107,857.93 HDR Engineering, Inc. 5 1 P zi g e E 2. E Scope of'Servicesft)r Card S'ound Toll Authority )) : .9 13 k ƒ\ 7 {� / `fie gas �� \ \ .P, H D R E n g i n e e r i n g , I n c . m r C m E r �u Scope of .Services jbr• Card Sound Toll Authority -9; m V. N ti14 .4` C C U � s u � y �' yy ff m f � n " w I n "s z s d n v ro d � 8 d� L9 i a 6 1 Page F1 DR Fngineering Inc, AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ( "Agreement ") made and entered into this day of J0 # 20 by and between Monroe County, a political subdivision of the State of Florida, wtt6se address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), AND HDR Engineering, Inc., a Corporation of the State of Nebraska, whose address is 8404 Indian Hills Drive, Omaha, NE 68114 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 WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OFAGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2 -216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the Consultant: Charles T. Sinclair, P.E. Senior Vice President 15450 New Barn Road, Suite 304 Miami Lakes, FL 33014 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME Charles Sinclair, PE Will Suero, PE Erki Suarez, PE Rohan Hameed, PE Lenore Horton, PE Tonv SabbaR FUNCTION Project Principal Project Manager Task Manager, Transportation Task Manager, Stormwater /Drainage Task Manager, Environme�ineer Construction Engineering Inspection So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULT ANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE Vlll INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non - owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16" Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither not acquire any interest, which would conflict in any under this Agreement, and that only interest of eac h recited in this Agreement. 9.19 CODE OF ETHICS presently has any interest, and shall manner or degree with its performance is to perform and receive benefits as COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a). Appendix I of the FOOT Standard Professional Services Agreement is included as Attachment B. b). The CONSULTANT and any sub - consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT - assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub - consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: 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 to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. e). The CONSULTANT and all sub - consultants agree to utilize the U.S Department of Homeland Security's E- verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub - consultants during the term of the contract. f). The CONSULTANT will complete and submit the FOOT Anticipated DBE Participation Statement Form No. 275 - 030 -11A to identify DBE participation as outlined in Paragraph 9.29, Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for Professional Services. FOOT has a race neutral program with an 8.6% goal. g). Executed copies of the FOOT Certification for Disclosure of Lobbying Activities on Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA t + I . �' R . -, x`g io Tatiana GuingueV. COV ISSION#EE082816 i 7 R.10,2015 (Seal) d ',Rvcom CONSULTANT: HR ENGINEERING, INC. Attest: 4, Title: Title: END OF AGREEMENT MONROE COUNTY ATTORNEY APPROVED AS TO FORM: ATTACHMENT A CONSULTANT RATES � � ON CALL PROFESSIONAL ENGINEERING SERVICES RATE SCHEDULE HDR ENGINEERING, INC. Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 2 Engineer Technician $66 $68 $70 Level 3 Engineer Associate $80 $82 $84 Level 4 Staff Engineer $104 $107 $110 Level 5 Senior Engineer $135 $139 $143 Level 6 Lead Engineer /Project Manager $158 $163 $168 Level 7 Chief Consulting Engineer $200 $206 $212 Level 8 1 Principal Engineer $226 $233 $240 Geotechnical Prof Leve Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 2 Engineer Technician $73 $75 $77 Level 3 Engineer Associate $75 $77 $79 Level 4 Staff Geotech Engineer $89 $92 $95 Level 5 Senior Geotechnical Engineer N/A N/A N/A Level 6 Lead Geotechnical Engr /Project Manager $156 $161 $166 Leve 7 1 Chief Consulting Geotech Engineer $201 $207 $213 Construction Administration Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 2 Inspection Technician $51 $53 $55 Level 3 Inspection Associate $79 $81 $83 Level 4 Staff Inspection R $100 $103 $106 Level 5 Senior Inspection Rep $119 $123 $127 Level 6 Lead Inspection rep /Prof Manager $136 $140 $144 Level 7 Chief Cons ulting In spector $192 $196 $202 Aiaea Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 2 CADD Technician $66 $68 $70 Level 3 CADD Associate $77 $79 $81 Level 4 S Designer $87 $90 $93 Level 5 Senior Designer $100 $103 $106 Level 6 Lead Designer /Prof Manager $121 $125 $129 Level 7 'Chief Consulting Designer $1 69 $174 $179 A 7 ■ r Page 1 of 4 ON CALL PROFESSIONAL ENGINEERING SERVICES RATE SCHEDULE HDR ENGINEERING, INC. Architectural Services Prof Level Position Title — Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 2 Architect Technician $61 $63 $65 Level 3 Architect Associate $81 $84 $86 Level Staff Architect $100 $103 $106 Level 5 Senior Architect $134 $138 $142 Level 6 Lead Architect /Prof Manager $154 $159 $164 L evel 7 Chief Consulting Architect $187 $193 L $199 incluaes econ Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 2 Planning Technician $67 $69 $71 Level 3 Planning Associate $80 $82 $84 Level 4 Staff Planner $107 $110 $113 Level 5 Senior Planner $124 $128 $132 Level 6 Lead Planner /Prof Manager $168 $173 $178 Level 7 Chief Consulting Planner $231 $238 $245 Technical Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level Proofreader (Tech /Writer Assistant) $49 $51 $52 Level 2 Technical Writer /Editor $62 $64 $66 Level 3 Associate Tech Writer /Editor $71 $73 $75 Level 4 Staff Tech Writer /Editor $92 $95 $9 Levels Senior Tech Writer /Editor $97 $100 $103 Level 6 Lead Tech Writer /Editor /Proj Manager $119 $123 $127 Level 7 Chief Cnsltg Tech Wri /Editor $213 $220 $226 Technical Oua Assurance /Qualit Control Prof Le Position Title Hourly Burdened Rates 2014 Hourly Burdened Rat es 2015 Hourly Burdened Rates 2016 Level 5 Senior Quality Assurance Specialist $1 $133 $137 Level 6 Lead Quality Assurance Spec /Proj Manager $163 $168 $173 Level 7 1 Chief Quality Assurance Specialist $191 $197 j $203 A r a Page 2 of 4 ON CALL PROFESSIONAL ENGINEERING SERVICES RATE SCHEDULE HDR ENGINEERING, INC. En vironmental Scienc & Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 201 Hourly Burdened Rat es 2016 Level 2 Science /Analyst Technician $57 $59 $61 Level 3 Science /Analyst Associate $73 $75 $77 Level 4 Staff Science /Analyst $96 $99 $102 Level 5 Senior Science /Analyst $128 $132 $136 Level 6 Lead Science /Analyst /Prof Manager $156 $161 $166 Lev 7 Ch Science /Analyst $190 $196 $202 Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level Hydrologic Modeler Technician $56 $58 $60 Level 3 Hydrologic Modeler Associate $79 $81 $83 Level 4 Staff Hydrologic Modeler $98 $101 $104 Level 5 Senior Hydrologic Modeler $143 $147 $151 Level 6 Lead Hydro Modeler /Prof Manager $166 $171 $176 Level 7 Chief Consulting Hydro Modeler $192 $198 $204 Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 2 Hydrogeology Technician $81 $83 $85 Level 3 Hydrogeology Associate $82 $85 $87 Level 4 Staff Hydrogeologist $95 $98 $101 Level 5 Senior Hydrogeologist $120 $125 $130 Level 6 Lead Hydrogeologist /Prof Manager $150 $155 $159 Level 7 IChief Consulting Hydrogeologist $17 $178 $184 GIS /RS Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 2 GIS /RS Technician $57 $59 $61 Level 3 GIS /RS Associate $68 $70 $72 Level 4 Staff GIS /RS Analyst $82 $85 $87 Level 5 Senior GIS /RS Analyst $104 $107 $110 Level 6 Lead GIS /RS Analyst /Proj Manager $144 $149 $153 Level 7 Chief Consulting GIS /RS Analyst $178 $184 $189 A 7 ME r { Page 3 of 4 ON CALL PROFESSIONAL ENGINEERING SERVICES RATE SCHEDULE HDR ENGINEERING, INC. ms controis Prof Level Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 Level 3 Associate Programs Controls Specialist $76 $78 $80 Level 4 Staff Programs Controls Specialist $106 $109 $112 Level 5 Senior Controls Specialist $117 $121 $125 Level 6 Lead Controls Specialist /Prof Manager $151 $156 $161 Level 7 Chief Consulting Specialist $179 $185 $190 Aammistratnre A ■ r a Page 4 of 4 Hourly Burdened Hourly Burdened Hourly Burdened Prof Level Position Title Rates 2014 Rates 2015 Rates 2016 Level 1 Clerical Assistant $35 $37 $39 Level 2 Clerical Associate $44 $45 $47 Level 3 Administrative Associate $59 $61 $63 Level 4 Senior Administrative Associate $80 $82 $85 A ■ r a Page 4 of 4 ATTACHMENT B APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT The following terms apply to all contracts in which it is indicated in Section 6.13 of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: A It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. C Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, Including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or Federal Motor Carder Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and Instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administrationas appropriate, and shall set forth what efforts it has made to obtain the information. G Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1 withholding of payments to the Consultant under the contract until the Consultant complies and/or 2, cancellation, termination or suspension of the contract, in whole or in part. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract, inClaading procurements of materials and leases of equipment untess exempt by the Regulations, order, or instructions issued pursuant thereto The Consultant will take wch action with respect to any subcontract or procurement as the Nonda Department of Transportation, Federal Highway Admini stration, Federal Transit Administration, Federal Aviation Administration, and /or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. ■ a a, it ■ I' Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. L It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law, Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Oepartment in compliance with 49 CFR, Section 26,51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to employ or retain, or agree to employ or retain, any firm or person, or 2 pay, or agree to pay, to any firth, person, or organization, any fee, contribution, donation, or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. O The Consultant hereby certifies that It has not: employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person In connection with carrying out this contract; 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 further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal -Ald funds, and is subject to applicable State and Federal Laws, both criminal and civil. A ■ e ., a; a a, �r ■ ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -030.33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT ioroi ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions. (Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: - 14D9— _ m" By: �. Date: t 1 Authorized Signature: Title: t ®5) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -03032 ENT CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCURE 1001 INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant: 1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. If at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person', primary covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Appendix B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction ", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and /or debarment.