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Item C35�Mjfj D00 I h INN D16 Mfjji 10 Meeting Date: July 15, 2015 Department: —En&eering Services Bulk Item: Yes No Staff Contact /Phone #: Judy Clarke X4329 AGENDA ITEM WORDING: Approval of a task order with HDR Engineering, Inc. for professional services for the Card Sound Toll Authority Long Range Business Plan Development. The task order is being awarded under the On Call contract for Professional Services. ITEM BACKGROUND: The County has been evaluating automating the Card Sound Toll and requires professional services to develop technical content in order to issue a request for proposals to implement a toll by plate/Sunpass system. In addition, the Bridge Assessment Report identified the need to replace the Card Sound Bridge within the next 15-20 years at an estimated cost of $32,000,000. 'Wig 1?teJ-f"'rV-t R' . 16- VAN .9-lfii-W,!?I"ftf-,r,g.,-rrp-�tt'�--Ua-gtiFi-re oc Auk-13 or- -Tr-sly-l't _rIMANg, ' I I I I � � I I � 1111111111111111111111111111 1 � I � I 1111111111111111111111111111 . Ills III CON TRACT/AG REEMENT CHANGES: As outlined in the task order TOTAL COST: $199,163 INDIRECT COST: BUDGETED: Yes X -X-1 DIEFF RENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY:-$199,363 SOURCE OF FUNDS: Fund 102 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Attom4l N OMB/Purchasing Pi Risk Management&z� DOCUMENTATION: Included X Not Required DISPOSITION: AGENDAITEM# Kn3m-'I CONTRACT SUMMARY Contract with: HDR Contract Purpose/Description: Effective R. Expiration Date: 7/15/2015 5/1/2016 Task order for Card Sound Toll AM1 qEiyL,0ng4 aqp Bushms Plan Deve—lopmenL I :IN LI., i 1777 7-4 IT11 Contract Manager: Judy Clarke (Name) for BOCC meeting on -7/15/2011 4329 (Ext.) Agenda Deadline: Services #1 (Department/Stop 6/30/2015..! - I -oTaT--fTo-f fa—r',T'Wu-e- -ol-C o ntra ct: Budgeted? Yes X No Grant: $ County Match: $ $ 199,363 Current Year Portion:$ 60,000 Account Codes: ADDITIONAL COSTS Estimated Ongoing Costs: $jyr For: (Not included in dollar value above) (e.a. maintenance, ut WORN �-awjlm, anitorial, salaries, etc. Changes Date Out Date jn Needed � Reyo, r. NE] Department Head Yesr o Yes Risk Management L"J", O.M.B./Purchasing Yes[:] Noo/ Al2.2-�� (0 L2-�f (�o 4 County Attorney' I� YesO Nof ( rLjuz fit 1 Comments: LVJQ I iN ill) I i it T,%U$Um FWII#JEJj L@j;&;YA MONROE COUNTY AND HDR ENGINEERING, INC. FOR CARD SOUND TOLL AUTHORITY LONG RANGE BUSINESS PLAN DEVELOPMENT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered mnthe 16thday ofJanuary 2O14between Monroe Comnt� hereinafter referred b»amthe "Counh"and M[}U�Engineering, Inc. hereinafter ne�* |~ toea^��mnou|tmnt^xvheredesign services are a||ovvedifconstruction costs donot e*oe-~d $2.000.000. exceed All terms and conditions of the referenced contract for OnCall Professional Engineering Services apply tothe Task Order, unless the Task Order modifies anArticle of the Agreement of which will be specifically referenced in this Task Order and the modification shall beprecisely described. This Task Order hmeffective onthe 15th Day ofJuly, 2015. F4rticle 11 Scope of Basic Services, Paragraph 2.1.1 is amended as follow;7 The scope of services for the Card Sound Toll Authority Long Term Plan�uein�ae �n Development will include development of the design ' e to construct automated 0o|| facilities at Card Sound, information to package mn pronuneouUonnabadbo||operetione aervioeo, and development of long range business plan that considers future capital improvement and maintenance obligations and revenue forecasts. 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 followin"I. The Consultant shall be paid monthly; the following lump sum amounts will apply for each task (except where noted): Tmmk1: Design Criteria Package Task 2:Toll Equipment Procurement, Operations and Maintenance Task 3:Develop Long Range Business Plan Reimbursables (Not to Exceed) Total Card Sound Toll Authority R0REngineeri"g, Inc, Article IX Miscellaneous, Paragraph 9.21 is amended to add the following: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 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 HDR Enaineerikp,,_U1 Signature Dat Sfz- CAI' Title (SEAL) Attest: Amy Heavilin, Clerk IBM tie—' 1S- Ulm" MOLYWONIZ401MIM91510IM2 MONROE (30i-INTY ATTORNEY Card Sound Toll Authority 10 FORM: HDR Engineering, Inc. July 15, 2015 1 W. CASSEL A 8 1,"", 1,4 N ;-'U U N T Y ATTORNEY EXHIBIT A • PROPOSAL FOR SERVICES Card Sound Tofl, Authority HDR Engineering, Inc. July 15, 2015 Proposal Development of a Design Criteria Package and a Long Term Business Plan for the Card Sound Toll Authority Purpose of the Study Sound Toll Authority (CSTA). The criteria design package will provide a preliminary level of design and define the applicable constraints for the upgrade of the Card Sound Road toll plaza and operating system. The business plan will provide a framework for which the CSTA will operate and maintain the i6y&E-arly Si-drrl Mtge replacement. I T' Design Criteria Package and the Long Term Business Plan. The objectives include: • Assess • determine current physical and •r.• conditions • the system • Conduct a study • the historical and projected future traffic and revenue • Develop Design Criteria package to convert to Automated Tolling • Evaluate the design criteria implementation of installing an automated tolling system Evaluate the design criteria of constructing alternative amenities to the system (i.e. Bicycle Lanes) Research and present information regarding potential System Integration • and Back Office Service • Develop a 30 year budget for O&M and .• Improvements Identify and evaluate potential revenue and funding sources Prepare • present a DRAFr Business Plan document for the County Commission MEM= Monroe County, through the Card Sound Toll Authority (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 Scope ofServicesfiof- Cord,Sound ToflAuthority IAIIS 1;-U! I !41!-611�0"Jsl Y - o 6 - I - -• - - - -- roadway system is required to be maintained as an alternative route for hurricane evaluation. northern Monroe County barrier island and the community of Ocean Reef. Cardsound Road isa 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 waterwa,��.--Ai le man uallij o!ierated toll west of the Card Sound Bridge. The road intersects US-1 (also referenced as SR-5 and Overseas Hi#hw-jXL:iust south of E[g��ap!iroxirnate MM �*,?&%k' 131--s 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. WAU, A7%W-7 •'1w'hwff.V — . . .• - MEw and runs northward approximately 12.0 miles up the barrier island, past the intersection with Card Sound Road, and continues up to the Community of Ocean Reef. utilizing toll revenue and oth r - Td cau-mito IrVr-rr 9 0 lit, Scope of Services Task 1.0 - Develop Desiga Criteria Package Ll - Condition Assessment Consultant will review the history related to the construction, operation and maintenance of the system, and conduct an assessment of the current physical conditions. I L I Relliciv 1115tovv ol the (Alf-dSound R(wdwalt- (.'OndWonr ui /I Assessment will Include: Roadway Pavements Consultant understands that a pavement assessment was recently conducted for CR 905 by another consultant and should hP-%uLtahLP-f-r-Y-tYP-R'jxn pase-siftMi �v- f. fft%�s CR 905 pavement assessment and, as such, no additional field assessment will be performed by Consultant. 2 1 P a g e HDR Engineering, Inc. There has •• no recent •. assessment performed :• Card Sound Road (CR 905A); therefore CR 905 and utilize that new information for this study for the Card Sound Road portion of the system. Bridge Structures FrMOMP17M =*i - limr, Roadway Shoulders and Shoreline Area Consultant will perform a limited field reconnaissance assessment of the roadway shoulders and adjacent shoreline areas. This will be performed through a windshield survey, noting only areas of deterioration or potential to Impact safe operations of the roadway system. Facilities and Buildings Cix.sultaxt will ;reArxk P lixtitel ixsXejCiax sf exiXixg kcilities, kuillixgs, 2xi xxitures )x2ixtaixel ky the CSTA. These inspections will not include assessment of structural integrity or mechanica I systems beyond • general physical and operating conditions. rather be limited to desktop research and staff interviews. 2. Review • previous • assessments and inspection reports will utilized in lieu • • additional field inspections. Field activities to be performed by Consultant will be limited to those identified above. 3. Another consultant is currently contracted to produce a Design Development Report forthe rehabilitation •. the Card Sound Bridge. Deliverakdes 1. Descriptive text with appropriate graphics to be included as a section in the final report. 2. Reference list • cited •• and • 3. Copies of documents and exhibits to be included as appendices to Report as appropriate. 1.2 - Design Criteria to Convert to Automated Tolling L2.( Ili a t" /IV() itelO, Tuch 1)01M County will provide to • all toll • previously conducted. • will research and evaluate available automated tolling technology for applicability to Card Sound Road. Research will include identifying potential vendors and service providers. Consultant and County will visit with other similar tolling agencies in the South Florida and the Florida age,.Tcles wftk aLtoTrated tollixg teck:rologies a-rd clkalltTges, adv-?-(t?ges, a:td clisadvaittayes assscl?ted with each. 3 1 P a g e HDR Enginpering, Inc. Scope Of Sei'vicesfi�r-CardSound TodlAuthor-ity. 12,2 Ruaihva r.") Consultant will conduct a review of the existing conditions for the project vicinity to determine design constraints. Site and desktop reviews will be conducted to gather all available information concerning the existing roadway geometry, pavement, and adjacent buildings including the toll gantry. Federal, State, and County criteria will be evaluated and applied accordingly to provide a design that is both feasible and meets criteria requirements. Geometric design principles will be used to establish the horizontal and vertical alignment, including consideration of the driver, the vehicle, and roadway characteristics. 1-43 - t;1wil. Q f I Y i c f I N. 1. /i Vu I J -V -C I r I l') rL� Consultant will conduct a review of existing conditions forthe project vicinity to determine environmental constraints. A desktop review will identify estuarine resources including wetlands, waters, and protected areas such as the Biscayne Bay Aquatic Preserve. Protected species records will be searched on state, federal, and scientific data bases. The South Florida Water Management District (SFWMDI land-u-sip vAppL7r g preparation of an environmental features map and description of resources in the project area. Consultant will conduct a site review to assess environmental conditions in the of estuarine waters and wetlands limits, including state and federal wetland jurisdiction will be completed. The assessment will evaluate the presence of state and federal protected species, and map and characterize nearby mangroves, seagrasses, and upland vegetation communities. Consultant will evaluate the federal, state, and local environmental permits, clearances, and associated fees that may be required for construction of the proposed project improvements. Potential mitigation opportunities will be evaluated based on the anticipated extent of any habitat impacts caused by the project. Permits that may be required include a federal Section 404 permit, a state Environmental Resource Permit-and-_oossiblv, resources, and analysis of constraints will be produced forthe Client. Consultant will develop a range of conceptual plans for necessary physical improvements to accommodate the automated tolling system. This will include tolling facilities (gantry, space frame, monotube structure. etc.). facilities to.Jau-SgJJgJ-2Li -CC—1 Consultant will orepare a by the County. Upon receipt of comments from the County, the Consultant will finalize the report for feliver and distribution as directed by the County. 4 1 P a g e HDR Engineering, Inc- Scope ofServicesfor (.ard Sound 7ohAuthority Task 2.0 — Automated Toll Equipment Procurement, Operations, and Maintenance Florida Turnpike Enterprise or other available organizations on a System Integrator Contract that woull commissionin& manuals, training, software and Interface Control Documents. In addition Consultant will research and provide information to the County regarding the potential to work with the Florida Turnpike Enterprise or other available organizations regarding a Back Office Service Contract that would include the processing and reconcation of all transactions as well as the escalation of unpaid transactions through violation processing and enforcement. Consultant will also work with the County to develop a long term operational and maintenance plan to ensure the tolling equipment and software perform at the highest levels in order to process toll transactions and ensure revenue collection. Task 3.0 — Develop Long Range Business Plan 3A -- Operation and Facility Review 3-- 1. 1 F�;a h iti te Pri-V. n i? d Cu r-reti t Qoel a I ions and Ma il I tej mace Consultant will review past and current O&M performed on all parts of the Card Sound roadway system. Consultant will document routine practices and associated periodic and/or annual costs. 3.- - 1.2 Pi St. .. Consultant will review past capital improvements that have been performed on the Card Sound roadway system. Consultant will document routine practices and associated periodic and/or annual costs. and from interviews of staff. Deliverables Descriptive text with appropriate graphics, charts and tables to be included as a section in the final report. LCINT-M M-1 WITIFNPTI�l U90-M JEWITUTTVAIMU STX90TIT-4 IFFS-1 va-6 &'Mill, their triNnnirrnposes,, tra ii 1�:Nlhikrljri be distributed to all users of the toll facility by means of direct intercepts at the toll plaza and by mail outs. 5 1 P a g e HDR Engineering, Inc. 1J, The collected data will be analyzed to gain insights into travel markets, travel modes, travel patterns, network conditions, traffic and revenue trends, revealed preferences, and other important aspects of the project. Deliverables Executive summary of Customer Survey will be included as a section in the final report. 'I , , .1.4. nd Vru'W, Consultant will collect information on socioeconomic conditions, network characteristics, travel demand, etc. from various sources. Available traffic and revenue data included but not limited to the following, will be provided to Consultant by the County: • Existing and historic traffic counts on the roadway system (average annual daily auto and truck counts for the last 20 years) • Existing and historic tolling structure (by auto and truck for the last 20 years) • Existing and historic revenue profile (average annual revenue generated by auto and trucks for the last 20 years) • Information on existing seasonal and diurnal variations in traffic and revenue generation • Information on the bridge rehabilitation project (purpose, cost, phasing, etc.) • Information on any past bond mechanism utilized or considered (type of bond, requirements, etc.) • Past studies or analysis related to tourism projections in the study area • Past studies or analysis related to development or growth management impacts to the study area • Information related to Hurricane evacuation routing or requirements by FDOT or FHWA. • Prior studies and stakeholder coordination • List of potential risks or sources of uncertainties in the traffic and revenue forecasts 3-3-' Af-10 awl Revelow l'orecasts variations, revenue leakage, etc. The Southeast Florida Regional Planning Model (SERPM) will be reviewed for understanding adopted socioeconomic datasets, planned and programmed network improvements, and how they may potentially impact the toll facility. Growth rates will be developed using SERPM, regression analysis of historical data, and other methods in order to develop forecast qroltf� rates. Subse,4uextly, t7.5Xc 2xi revexue firec,?:Ks will ke levels;Eel •"Ear fir a 31-,je-ar;EariiT to support the Business Plan. 6 'Page H DR Engineering, Inc. Scope ofSet-vicesfo r (arvt'Sound 7,011 AuthotItly J. 7UK45QD - - . •!A and variables like fuel price, value of time, etc., all of which are subject to considerable uncertainty. understand potential revenue impacts and risk exposure of the investment. 3- ---3----141.-- trpv(i andRevec orcsI.Mumr(u)(1111r) a 4 1 R.14 pis 1111IM42K I WTI report within. Ji�%isu p!jons T W10hip then study and analysis will be adjusted as needed. 3.4 -.., Develop Long Terin Business Plan 4"SNI'law Put to keep the system functional and operating efficiently. 3-4.2 1) 0 ve 1(3j (i ;J I Flow ii r? a I I - sr a I a a 1 6 at "My M' De t e r I? I i J t I, h"Y U 1. f �i I He t i I r'? I to automated tolling. Consultant will also develop a comparison of costs versus historical and current manual tolling. An anticipated duration of time for return on the investment for various scenarios will -7W'r4zM7=- =.— Magniff�Ml 3.5 - Pi-epare Business Plan if each of the tasks performed as described above. report for deliver and distribution as directed by the County. 7 1 P a g e HDR Engineering, Inc. Scope ofSeryices for Card Sound Toll Authority Consultant estimates that the services included im Ws sciviva irf czavjirac d-n� k— I 111[flltlf� � W-:Ayi Fee Estimate r•r a tee as detailed In Attachments I and 2a and summarized below: Labor (lump sum) $192,944.00 Reim Wrsable ExRenses S6,419.QQ Total Fee $199,363.00 8 1 P a g e FIDE Engineering, inc. Page HDR Engineering, Inc. all Scope ofServices.for Card Sound 7bll Authority 5f g I !f I ORR RSORK ai 000 00000 Iry ®WmmW.� re '0 w Iwo 1. " Z r. 0 I em 00 E i§ 12 C C r IIL 0 U 0 X HDR Engineering, I n c Scope of Servicesfor Car'd Sound To// Authority 111 Page HDR Engineering, Inc. AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ("Agreement") made and entered into this &—day Of Aotf izle7l 14— 20A by and between Monroe County, a political subdivision of the State of Florida, w se 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"), ums 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", 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 confinuing 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 a, ree k Orde i� will charges and payment conditions, and additional terms and conditions ihat are pplicable to such Task Orders. A V11191 q(:41W1 1114061 IFF wc IRZ01405001 16191zi;0 WAI 1 @04 MIE-T-71 P316M.-Ki C-TRN RIM- SWUM FM 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. ROW, 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: 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; 1.11.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 11.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANTS services shall be performed as expeditiously as is consistent wii professional skill and care and the orderly progress of the Project. In providing all servi pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rul and regulations pertaining to, or regulating the provisions of such services, including tho now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules a regulations shall constitute a material breach of this agreement and shall entitle the Boilao t z. to terminate this contract immediately upon delivery of written notice of termination to t 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, cree color, national origin, sex, age, or any other characteristic or aspect which is not job grelate��;. in its recruitin, hiring, promoting, terminating, or any other area affecting employmei r under this agreement or with the provision of services or goods under this agreement. -.11 � � � � 1 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 2-21 V Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Charles T. Sinclair, P.E. Senior Vice President 15450 New Barn Road, Suite 30,-f Miami Lakes, FL 33014 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 t.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 criteha, 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. 4.7 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 HARMLM r 1.11 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. 0 1.2 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 V1 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 funcfions as indicated: Charles Sinclair, PE Will Suero, PE Erki Suarez, PE Rohan Hameed., PE Lenore Horton, PE Tony Sabbag Project Principal Project Manager Task Manager, Transportation Task Manager, Starrnwater/Drainage Task Manager, Environmental Engineer Construction Engineering_I nsReict i a n 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. K-Wavi-'R-4-01 M'* 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. yiT, For its assumption and performances of the duties, obligations and responsibilities set fora herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to Local Government Prompt Payment Act 218.70, Florida Statutes. I (A) If the CONSULTANT'S duties, obligations and responsibilities are material changed by amendment to this Agreement after execution of this Agreeme compensation due to the CONSULTANT shall be equitably adjusted, either upwa or downward; (B) As a condition precedent for any payment due under this Agreement, t CONSULTANT shall submit monthly, unless otherwise agreed in writing by t COUNTY, a proper invoice to COUNTY requesting payment for services prope rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoi de11 shall scribe with reo asnable pae e rticularity thsrvice rendered. T CONSULT ANT'S invoice shall be accompanied by such documentation or data 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 zu the project: I 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; 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. L&4114311 ATA [[I I I Z &41111 Zf J, � I" insurance at all times that this Agreement is in effect. In the event the completion of ths- project (to include the work of others) is delayed or suspended as a result of thn- CONSULTANT'S failure to purchase or maintain the required insurance, t hzz 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 to acceptable to the COUNTY. • 6�1 '19 11-1-1 Ezn. i.= 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,Ill .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. GN �11111WMII 1161-749mr, I dift'lZmr. I I Is at 91r. I IVA I A 0 411111IF-11010i 0 COUNTY during the term of this Agreement. COUNTY will not pay for increased limitn- 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. Thz COUNTY reserves the right to require a certified copy of such policies upon request. 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. Z4 III lei R 41 K • i [or, E 5 11-1111 L, 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 !Dnd will not be used in the interpretation of any provision of this Agreement. olelvilhT, 14,11 &1 The documents prepared by the CONSULTANT for this Project belong to the COUNTY arm may be reproduced and copied without acknowledgement or permission of t CONSULTANT. i The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in wribng 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. • 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. This contract consists of the Request for Proposals, any addenda, the Form of Agreeme (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to the Form of Agreement as a part of this Agreement, and attachments A, B and C, a modifications made after execution by written amendment. In the event of any Ii between any of the Contract documentsthe one imposing the greater burden 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a convicti ior public entity crime may not submit a bid on contracts to provide any goods or services 2 public entity, may not submit a bid on a contract with a public entity for the construction repair of a public building or public work, may not submit bids on leases of real property public entity, may not be awarded or perform work as a contractor, supplier, subcontract or consultant under a contract with any public entity, and may not transact business wi any public entity in excess of the threshold amount provided in Section 287.017 of t Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of bei placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreeme will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation this section shall result in termination of this Agreement and recovery of all monies pa hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been determination, based on an audit, that it or any subconsultant has committed an act defin by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not be formally charged with committing an act defined as a "public entity crime!' regardless of t amount of money involved or whether CONUSULTANT has been placed on the convic vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor subconsultant is formally charged with an act defined as a "public ent crime" or has been placed on the convicted vendor list. .nterest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the 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 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. The COUNTY and CONSULTANT agree that in the event any cause of action or administrafive 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 agains! the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 3.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure t's the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. �o � Each party represents and warrants to the other that the execution, delivery ani performance of this Agreement have been duly authorized by all necessary County ant corporate action, as required by law. that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. COUNTY and • agree that all disputes and disagreements shall • 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 •.. 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 •. or cancellation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, • breach • 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. a Moll 4 -40 0 0. (NKIS(OW&IM40-11611 lei [zlitialtrz it 0 a • and • 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. 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 • 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. 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, of 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. Non7Delegation 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 • duties • the COUNTY, except to the extent permitted • the Florida constitution, state statute, • case law. No person or entity shall be entitled to rely upon the terms, or any of them, of this 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 supedor 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 of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage fates 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. IIIETrela-511•�--11111 k 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. 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. any 310-cons, 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. 9WA- "11, 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 Aomeland 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. ilm I jairlil-K-W UME4TIMigi azzlill W919A E If-- w V. 149��z 11Z1111111W [Rol 16jow 11 aw"11 q W� I a K-jL- - ANIN0111146A IN 1-1 ID W1*111 Ifif: IVA i-4:0111 i-ILOARL01 0 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly 2uthorized representative on the day and year first above written. lw� Date:A, 1 -7 - 2ZJ q , ForiCharrrmanX TetlanaGulngueV. COMWISSIONHE08281115 (,'R. 10, 2015 (Seal) CONSULTANT. HDR ENGINEERING, INC. Attest: By: Tq � 1 at�,(aA I nw4_jL'_ By. Title: Title: vicz meslo�► MONROE COUNTY ATTORNEY APPROVED AS TO FORM: ItUA.En- I ISTINE M. UMBERT BAFinows ASSISTANI ('.(Kjf-J!Y ATTORNEY Date JA112.14.115 - __ - ___ , ,off I 10 61191 IN r RATESCHEDULE HDR ENGINEERING, INC. Fnninoarinv " • • ■ r , rRates 2016 C,antachnir_ai FnalnQwrina Hourly Burdened Rates 2016 is .. ♦ -.. Senior Geotechnical Engineer • IMI It Q 11 Agr-W - r r Cnnctnirtinn ®dminictratinn m ,• • 1 Hourly Burdened r' 1 s rn.rr n""tor AWad PSacivn "■ • rRates 2015M RATESCHEDULE HDR ENGINEERING, INC. Position Title Burdened Rates 2015 Hourly Burdened Rates 2016 ArchitectHourly .. r Associate Le (I Armtectif-rojmanager Chief Consulting Planning (Includes Economicsl .� . . .... i .......... 1 1 • • 11 . ....... ........ Planner i' ... Lead Planner/Proj Manager :hief Consulting Planner Technical Writino/Editinx y Burdened Hourly Burdened Hourly Burdened Level 1 Associate Tech Writer/Editor StaffHour -ch Writar/Editor Senior Tech Writer/Editor Lead Tech Writer./Editor/Proj Manager Technical Quality Assurance/Quality Control IN• Position Title Rates 2014t2016 Senior Quality Assurance Specialist .•Spec/Proj Manager ®Chjef Assurance ♦ 1: RATESCHEDULE HDR ENGINEERING, INC. Fnvirnnmantal Sc-ipnr-a & I ahwatnry Hourly Burdened Rates 2014 - ': • y. `'.:! ♦ Manager �=Chief Science/Analyst Mndnlina I ♦: • Hourly Burdened t Hourly Burdened /' Hourly Burclene �Rates j 1 . ♦• •♦- Modeler Associate Staff Hydrologic Moteler--- Senior Hydrologic Modeler ManagerHydrologic Lead Hydro Modeler/Froi Chief ♦ :: • ♦ ♦ 1 �. Hudir apnlnvv Hourly Burdenfi Rates 2016 Level 2.•-• •• Level 3 LIV GISIRS Hourly Burdened ates !=WWI 0 i ♦ i Lead ♦ ., RATESCHEDULE Prnvrams [nntrnis iSrhedu1ina1Estimalina1 Position Title Hourly Burdened Rates 2014 Hourly Burdened Rates 2016 Associate Programs• r :1 Staff Programs Controls Specialist Senior Controls Specialist Lead Controls Speciallst/Proi manager Chief Consulting S;tecialist Administrative Suanart Position Title Burclene@�= Rates 2014 Hourly Burdened Rates 2015 Hourly Burdened Rates 2016 ClericalHourly Clerical Associate ��:Aclministrative Associate _ ior Administrative . OTIMMIM" i * i i i%eP TtERAPt' 4Lj%Y=2 ZFRMiS FOR FEDERAL.AID.G.OATRACTS-[APRENDIX 1; 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 hold by authorised representatives of the United States of America. It is understood and do read 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 perfortred 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 (c 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 Z of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. F 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, cr diractives Issued pursuant thereto, and will permit access to Its books, records, accounts, other sources of information. crud Its faciftltes as may be determined by the Florida Department of Transportation, Federal 111rghway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Cartier Safety Administration to be pertinent to ascertain compliance wtlh. 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 avant of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such cnnlract 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, I withholding of payments to the Consultant under the contract until the Consultantcomplies 2. cancellation, termination or p: of i whole or in part incorporation or Provisions. The Consultant will includo the provisions of Paragraph C through H in every subcontract, rr+r:huling prec;urunients or materials and leases of er;urpmr3n1 rrnl01jg exesnfrl by the R(-gulations, ardor. or instructions isstr(jti plrrstiont thisrnto rho Consultant will take 9m1l action wilt) respect ter any subcontract nr pmrurmmnnI its IInn Fr{rrirlo Dnpwtmoil t Ia Tr, insporla(Icn, Federal Highway Administration, FcdoraI Trtrrsit AdministraIIon, Fetlaral Aviatisrn Administration, andror the Federal Motor Carrier Safely Adminiewilion may dlreol as a means of onforring such provisions, including sanctions for nuncnmpfiance In this 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 onIar into such Iltcoal ion to protect the interests of t h a FIonda Department of Transportation, and, in addition, the Consultant may request the United States to anIar into such ItligaIIcn to protect tha 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, director indirect, In this contractor the proceeds thereof. For purposes of this provision, public body shad Include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any Stele. Participation by Disadvantaged Business Enterprises, The Consultant shall agree to abide by the following statement from 9 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 OOT-assisted contracts, Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of Ole contract or other such remedy as the recipient deems appropriate. L it is muluatiy understood and agreed that the .viitful falsification, distortion or misrepresentation with respect to any facts related to the projects) described in this Agreement is a violation of the Federal Law. Acoordtngly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. It is understmd and agreed Iltnt if the Consultant at any lime learns that the certification it provided Ilia Department in compliance wlIh 44 CFR, Suction 26,51. was erroneous when Submitted or has become crronnuus by reason al changed circums[an cos, IN Consultant shall 0rovid0 iinnindiate written notice to the Department. It is further agreed blot thu clause Had "Cartlfir:ation Regarding Debarment, Suspension, Inat[gihit Ity anti Voluntary Exciusion - Lower T[er Ceve reti T'ransaclion" as sal foil in 49 CFR, Section 29.510. shall be held dad by the ConsuIlan L in all lower tier covered transactions and In all aforementioned federal regulation. N. The Department hereby cartl8es that neither the consultant nor the consultant's representative has been required by the Department, directly or indirectly as an express or Implied condition In connection with obtaining or carrying out this contract, to 1 employ or retain, or agree to employ or retain, any firm or person, or 2 pay, or agree to pay, to any firm, person, or organsation. any fee, contribution, donation, or consideration of any kind; The Department further acknowledges that this agreement will he famished 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. e 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 pop 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 trying out the contract. The consultant Further acknowledges that this agreement will be fumished to the State of Florida Department of Teansponatron and a federal agency in connection with this contract involving pediclpatlon of Faderal-Ald funds, and Is subject to applicable State and Federal Laws, both criminal and civil. rVjTTqE7, FederalContracts STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33 PROCUREMENT CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 10101 ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) W"A"11W "WW", It i 1 1: T - ism Amil 11six 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. ubmission 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 eact suct 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. Name of Consultant: 0TPJ4- 0 Title: SIL V14A:-- P4Z5)0SNT` Date: I L I MMMFM F =4 OEM W#77,MM • ' MS2rtWj.*W*Vq (Appendix B Certification] TeDarment 511ciarea •.epartmeni or agency. Name of Consult t- By MT! Date: 12,12 13 Authorized Signa@-MF� Title: —S I Vle-6 00CN 7- Instructions for Certification I . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification set out below. mP. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was -ntered 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 teams 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 submng this proposal that, should the proposed covered transaction be I go, jW11indpd, declared 0000 �*P 0, A �91' MW "0 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 modificallon, 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 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 andlor debarment.