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Item C18Co unty of Monr M l� BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 The Florida Keys F y xti t „ � y r Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting February 21, 2018 Agenda Item Number: C.18 Agenda Item Summary #3866 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453 -8754 N/A AGENDA ITEM WORDING: Approval of Amendment 2 to a Task Order with CDM Smith, Inc., for engineering design and permitting services for the Key Largo II Roadway and Drainage Improvements Project to add plan review and revision activities as required due to Florida Department of Transportation (FDOT) award of Small County Outreach Program (SCOP) grant funds for construction of the project. The additional services in the amount of $11,000.00 will result in a net increase of $3,500.00 due to a credit of $7,500.00 on unused balance on the project for a total revised contract amount of $316,216.00 ITEM BACKGROUND: The County was awarded a Florida Department of Transportation (FDOT) Small Counties Outreach Program (SCOP) grant for the Key Largo II project. This funding requires that the plans and specifications for the project be reviewed by FDOT personnel through the Electronic Review Comment (ERC) process. This process generated comments that the consultant needed to respond to and make required plan revisions, thereby increasing the level of effort from the original design requirements. The plan revisions will be completed within 37 calendar days of approval of this Amendment 2. On December 15, 2017, FDOT added the project to the Fiscal Year 17/18 -21/22 District VI Work Program so that the County can move forward into the construction bid solicitation phase. The Key Largo II Roadway and Drainage Improvement project was designed with tidal and sea level rise considerations and is comprised of the Bay Harbor, Sunset Point, Sunrise Point, Lime Grove Estates and Rays Cuda Canal subdivisions. PREVIOUS RELEVANT BOCC ACTION: October 18, 2017 — The BOCC approved by Resolution a Florida Department of Transportation (FDOT) Small Counties Outreach Program (SCOP) grant agreement for the Key Largo II Roadway and Drainage Improvement project in the grant amount of $1,337,344.00, with a match requirement of $445,782.00, for an estimated project amount of $1,783,126.00. March 15, 2017 — The BOCC approved a South Florida Water Management District (SFWMD) Local Government Agreement for the Key Largo II Roadway and Drainage Improvement project in the grant amount of $150,000 with a $75,000 match requirement, to fund a portion of the stoiinwater costs associated with the project. November 22, 2016 — The BOCC approved Amendment I to the Task Order with CDM Smith, Inc. for engineering design and permitting services for the Key Largo II Roadway and Drainage Improvement project. This amendment added $4,000.00 to the Outside Professionals Surveying Task. January 20, 2016 — The BOCC approved a Task Order with CDM Smith, Inc. for engineering design and permitting services under the On Call Contract for Professional Services for the Key Largo II Roadway and Drainage Improvement project in the amount of $308,716.00. January 2014 — The BOCC approved the On Call Contract for Professional Services between the County and CDM Smith, Inc. CONTRACT /AGREEMENT CHANGES: Add SCOP review Task/Move Balance Outside Consultant to Task 1. STAFF RECOMMENDATION: Approval of Amendment 2 to Task Order with CDM Smith, Inc. DOCUMENTATION: Amendment 2 to Task Order with CDM Smith Task Order dated 1 -20 -16 & Amend 1 to TO with CDM Smith dated 11 -22 -16 CDM Smith - On Call Agreement dated 1 -16 -14 & Amendment I dated 3 -18 -15 FINANCIAL IMPACT: Effective Date: February 21, 2018 Expiration Date: 60 days post construction Total Dollar Value of Contract: $316,216.00 Total Cost to County: $316,216.00 Current Year Portion: $250,000.00 Budgeted: yes Source of Funds: County Roadway Improvement Fund 102 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: No Additional Details: FDOT SCOP Grant for construction 02/21/18 102 -22002 • COUNTY ENGINEER R & B $3,500.00 FDOT ERC SCOP REVIEWED BY: Judith Clarke Christine Limbert Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed 02/06/2018 10:09 AM Completed 02/06/2018 10:49 AM Completed 02/06/2018 11:01 AM Completed 02/06/2018 11:06 AM Completed 02/06/2018 11:16 AM Pending 02/21/2018 9:00 AM AMENDMENT 2 TO TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND CDM SMITH, INC. FOR KEY LARGO II ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 16th day of January, 2014 between Monroe County hereinafter referred to as the "County" and CDM Smith 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 Amendment 2 to Task Order is effective on the 21st Day of February, 2018 and shall expire 60 calendar days after construction is complete. Final 100% construction documents are due 37 calendar days after approval of this Amendment 2. In accordance with the FDOT Small County Outreach Program (SCOP) funding, the following tasks are required: Task 1 Review and Develop Responses to FDOT Electronic Comment Review Process in the lump sum amount of $8,000.00; Task 2 Final Roadway Design Plans in the lump sum amount of $3,000.00 The outstanding balances open from Outside Professional Task in the amount of $7,500.00 to will be moved to cover Task 2 Design and Plans Production resulting in a Net increase to Task Order in the amount of $3,500.00 Article VII, Paragraph 7.1 is amended as follows in accordance with the Attachment A to Amendment 2 to the Task Order (attached hereto): Task Original Fee Add /Subtract from fee Revised Fee Task 1: Data Collection & $35,944.00 $8,000.00 $43,944.00 Preliminary Design Evaluation Amendment 2 Task 2: Design and Plans $114,084.00 $3,000.00 $117,084.00 Production and Bid Support Amendment 2 Task 3: Environmental $10,592.00 No change $10,592.00 Resource Permitting (not to exceed) Task 4: General Engineering $23,576.00 No Change $23,576.00 Services During Construction Task 5: Meetings, Project $40,364.00 No Change $40,364.00 Management and Quality Control Outside Professionals $74,056.00 (lump sum Outside P rofessionals (lump $4,000.00 Amendment 2 Key Largo II Roadway and Drainage Improvement Project CDM Smith Inc. February 2I, 2018 1. Page 1 IN WITNESS WHEREOF, each party caused the Amendment 2 to Task paler to be executed by it duly authorized representative. Consultant Witness':' n (SEAL) Attest: Kevin Madok, Clark Date ZI By; Deputy Clerk by Mayor/Chairman Date ATTORNEY ASSIST COON TrORM Antendinera 2 Key Largo 11 Roadway and Drainage linprovearizaa4 Prajbca CDNI SMM Irae: February 21, 2018 L Page 2 Attachment A Amendment 2 Key Largo II Roadway and Drainage improvement Project CDM Smith Inc. February 21, 2018 i. Page 3 FF i i Attachment A to Amendment 2 to Task Order for Key Largo II ---- Roadway and Drainage Improvements Project PROJECT BACKGROUND COUNTY requested that CONSULTANT provide engineering design and construction administration services (Original TO #2) for paving, drainage and associated improvements to COUNTY roadways located in Key Largo, Florida. The roads included in this study are North Bay Harbor Drive, South Bay Harbor Drive, Bonito Lane, Cuda Lane, Dove Road, Heron Road, Lobster Road, Mockingbird Road, Red Bird Road, Snapper Lane, Sunset Court, and Sunset Road. These roads are in the Bay Harbor, Sunset Point, Sunrise Point Addition, Sunrise Point Revised Plat, Lime Grove Estates Section 1 and Rays Cuda Canal subdivisions of Key Largo. In August, 2017, the COUNTY applied for the Florida Department of Transportation (FDOT), District 6, Small County Outreach Program (SCOP) funds to assist in the funding for the construction of the project. This FDOT funding request was approved. This resulted in the County submitting a copy of the "Permit Only" partial design plans and drainage documentation dated August 2017 that were submitted to the SFWMD for "Permitting Purposes only" plans being subjected to design reviews from multiple (Roadway, Drainage, Environmental, etc.) departments within FDOT District 6. Eighty (80) comments were generated on this version of the "Permit Only" partial design plans. The FDOT SCOP funding approval requires the CONSULTANT to perform additional services not covered under the original task work authorized on January 20, 2016 to address the review comments. SCOPE OF WORK The following is a description of the services to be provided under this Amendment No. 2: Review and develop responses to the 80 FDOT Electronic Review Comments (ERC) on the "Permit Submittal" project plans transmitted to FDOT District 6 on August 22, 2017. The comments were generated by FDOT District 6 staff from all their design /planning disciplines from their review of the "Permitting Only" design plan submittal between the dates of August 28 to October 20, 2017. CONSULTANT's responses to the 80 FDOT comments will be inputted into the Department's ERC software for processing. Incorporate FDOT design comments that are agreed upon by CONSULTANT into the final signed & sealed design plans. TASK 1.0 — REVIEW AND DEVELOP INITIAL RESPONSES to SCOP COMMENTS The CONSULTANT reviewed the comments generated by FDOT staff on the "Permit Plans" and "Permit Drainage documentation" and develop responses for input into the FDOT ERC system. This effort required the CONSULTANT to expend over 40 labor hours reviewing, researching and responding to the 80 FDOT comments generated through December 2, 2017. CONSULTANT also assisted the COUNTY, subsequently to resolve pending ones. TASK 2.0 — FINAL ROADWAY DESIGN PLANS Based on the completion of Task 1.0, the CONSULTANT will add additional design notes and /or design details to address the agreed upon FDOT SCOP comments, revise and update the final 100% Roadway /Drainage design plans and submit signed & sealed final Roadway /Drainage plans and Design documents. ASSUMPTIONS The above described engineering services have been based upon the following assumptions: The COUNTY will provide information related to wetlands and /or threatened and endangered species as requested by FDOT. The COUNTY will also complete and submit the FDOT Type 1 Categorical Exclusion (CE) checklist as requested in FDOT comment #32 in the ERC. The COUNTY will prepare all legal descriptions and sketches and secure all required construction easements forthe proposed improvements. The COUNTY will survey and field verify all wetlands and document any impacts to the environment or protected wildlife species and coordinate with the Fish and Wildlife Department. TIME OF COMPLETION /SCHEDULE CONSULTANT shall commence work on this additional scope of work within seven (7) calendar days after issuance of a written notice -to- proceed (NTP) from the COUNTY. The total time allowed for completing the CONSULTANT's design services required under this TWO Amendment is anticipated to be 30 calendar days. COMPENSATION AND PAYMENT For the Basic Services performed under this Amendment No. 2, the CONSULTANT will provide the services defined in this scope of work based on a lump sum (LS) fee of $11,000. CONSULTANT will submit invoices monthly based on percent complete of each task, along with written status reports which define the percentage of work completed, the earned value, the amount previously invoiced and amount due. For invoices purposes only, the value of each Amendment No. 2 task is listed in the table below. Estimated Value by Task Task No. Description Value 1 Review and Develop Initial responses to FDOT SCOP $8,000 2 Final Roadway Design Plans $3,000 i TOTAL TWO 2, Amendment No. 2, LS F $ 11,000 referred 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 to i and CDM Smith Inc. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed t All # conditions of the referenced Contract 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, and shall expire 60 days after construction is complete. Froritit Add Avirom survey for Avenues A, B, C approximately 750 linear feet $ 4,000 Revised Total Contract Amount $ 312,716 t M imlililliW 1, IRM , A{ MENEM 1 91MAN NI ! 9 MIN 0 2 901 x f y. Mayor/Chairman Date: _ 4 t I h, - I Amendment I Ivey Largo II Roadway and Drainage Improvement Project CDM Smith Inc. Nov. 22, 2416 Page I of I ATTACHMENT 0 r AVI ROM & ASSOCIATES, INC. SURVEYING & MAPPING November 1, 2016 Via E -Mail - schmidtrp a�.cdmsmith. com Mr. Rodger P. Schmidt, P.E. Senior Project Manager CDM Smith 2301 Maitland Center Parkway, Suite 300 Maitland, FL 32751 Re: Topographic Route Survey of Streets A. B & C, Key Largo H, Monroe County, FL Dear Rodger: Subsequent to your request, we will provide a Topographic Route Survey along three (3) streets on the bayside as delineated in yellow on the attached Exhibit A below, incorporated herein for reference. Scope Limits The topographic survey limits shall be along 3 streets with an approximate total length of 750 linear feet as delineated in yellow on the attached Exhibit A below. The bandwidth shall be within the full width of the right -of -way of each street. Topographic Route Survey 1. We shall obtain all recorded plats and right -of -way maps to graphically delineate the platted boundary lines within the digital files. Surveyor shall recover sufficient monumentation in the field to spatially place the plats within the digital file. There is no provision to perform boundary surveys or surveys to resolve conflicts, ownerships or occupation issues relative to the recorded instruments. 402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040 [3051 294 -7770 WWW.AVIROMSURVEY.COM Mr. Paul Q. Snead, PE Additional Topographic Route Survey �2 November 1, 2016 2. We shall research the Monroe County Property Appraiser's database to delineate the current ownership lines within our survey. We will graphically delineate right -of -way lines and lot lines from information obtained by this firm from recorded plats and/ or right -of -way maps, readily available from the Public Records of Monroe County at the time of the survey. This information will be spatially placed within the digital file of the topographic survey, based on recovered monumentation to depict the lines relative to the topographic locations. This is not a boundary survey and the information should not be relied upon as such. It is strongly recommended that if the design is contingent on accurate boundary placement and especially prior to construction, a boundary survey should be performed to establish the lines. We will not be responsible for the misuse of the topographic survey for purposes it was not intended. 3. Establish a minimum of six (6) National Geodetic Vertical Datum of 1929 (NGVD 29) benchmarks at the site, referenced to a published Benchmark Network by the National Geodetic Survey (NGS). The benchmarks shall also be referenced horizontally to the North American Datum of 1983 (NAD 83), current adjustment and tied to the National Geodetic Survey Geodetic Control Network. The vertical and horizontal controls (nail & disk) set shall be placed at the commencement and termination points of the topographic route survey. 4. We shall locate all above ground improvements including, but not limited to pavement, ramps, driveways, steps, gates, top of curb, bottom of curb, flow line, edge of pavement, centerline of pavement, bottom of gutter, back of walk, face of walk, and above ground evidence of utility. We will obtain rim elevations, pipe size, material and inverts of sewer and drainage structures where possible. Due to the nature of obtaining the data where the structures are in use, the information obtained may be the best approximation of the true measurements. It is the responsibility of the end user to verify the diameter and material utilizing as -built drawings or other resources prior to construction. Utility locations will include fire hydrants, water valves, meter boxes, vaults and electrical outlets, power poles and overhead wires. We will locate wells, main irrigation valves, but will not locate individual sprinkler heads. There is no provision for the excavation, probing or location of underground utilities structures or improvements. Utilities shall be located to the extent that they are above ground and visible. This proposal does not include the contracting of an underground utility locating service to locate the subsurface utilities. 5. Sections shall be taken at 100' intervals, including high and low points including significant grade breaks. Deliverable Two (2) signed and sealed hard copies of the survey shall be furnished to the client, together with an AutoCAD (2014 or lower) digital drawing. The drawing scale shall be at I " =20'. We shall also provide an ASCII comma delimited file and a DTM file of the project. AVIROM & ASSOCIATES, INC. Mr. Paul Q. Snead, PE Additional Topographic Route Survey Time Frame �3 November 1, 2016 We can mobilize within one week from a Notice to Proceed and have the project completed four (4) weeks after mobilization. Fee: The fee to provide the above service is a lump sum amount of $4,000.00. General Conditions. All invoices are due and payable in full upon receipt. Surveyor reserves the right to withhold certified prints and files to client or client's consultants until payment is made in full. If payment is not received within 10 days of the invoice date, a late charge may be added to the invoice in an amount not to exceed 1 '/z percent per month on the outstanding balance. If payment is not received within 45 days of the invoice date, Surveyor may terminate this agreement or suspend work under the agreement until payments have been made in full. The undersigned agrees to pay reasonable attorney fees up to 50% and all costs and expenses incurred by Avirom & Associates, Inc. in the collection of any past due obligation. Electronic data files furnished by Avirom & Associates, Inc. in connection with this project are instruments of service. All original instruments of service shall be retained by Avirom & Associates, Inc. and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments. This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. The client may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. Copies in excess of four prints, Federal Express, deliveries and out -of- pocket expenses will be charged to client at cost. Additional prints will be charged at $5.00 per print. Revisions to survey requested by governmental agencies that are more stringent than Standards of Practice as set forth in Chapter 5J -17 FAC pursuant to Section 472 Florida Statutes will be an additional expense to client based on our current hourly rates. We thank you for the opportunity to submit this proposal and we look forward to working with you on this project. Should you have any questions or comments, please feel free to contact me. Respectfully, Keith M. Chee -A -Tow, P.L.S. Project Manager AVIROM & ASSOCIATES, INC. Mr. Paul Q. Snead, PE Additional Topographic Route Survey EXHIBIT A AVIROM & ASSOCIATES, INC. �4 November 1, 2016 Key Largo 11 Roadway and Drainage Improvement Project CDM Smith Inc. Dec.23, 2015 Page I of 7 2.2. The Consultant shall provide Drawings and applicable Technical Specifications for the County's review. Key Largo 11 Roadway and Drainage Improvement Project CDM Smith Inc. D".23, 2015 Page 2 of 7 2.7 At the 90% and 100% design phases the Consultant shall provide drawings and other documents which depict the current status of design for the County's review and information. The Consultant shall provide an estimate of anticipated construction costs and construction schedule. 2.8 As needed, the Consultant will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 3.2 Specifications — For general specifications, FDOT Specifications will be used. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.3 Schedules — Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents, Key Largo 11 Roadway and Drainage Improvement Project CDM Smith Inc, Dec.23, 2015 Page 3 of 7 tZA UA 1 [01 0 EM = 5.2 The Consultant will provide answers to Requests for Information (RIFIs) from the Contractor, as needed during construction and will implement any required plan revisions. -S.3 The Consultant shall, without additional compensation, promptly correct any --irrors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants • both. Key Largo ]1 Roadway and Drainage Improvement Project CDM Smith Inc, Dec.23, 2015 Page 4 of 7 11LBIAW M-W&OI&O ZIL I 9-1 0 6.6 The Consultant shall furnish to the County, upon project completion, the following: 0 2 sets of 11"X 17 signed and sealed Record Drawings 0 2 sets of final documentation 0 1 set of final CADD files on CD The Consultant's Engineer of Record in responsible charge of the project's design shall professionally endorse/certify the record prints, the special provisions and all reference and support documents. 6.6 The Consultant will attend the pre-construction meeting and as needed, attend the periodic construction progress meetings. 1!111! 1� �Ilpip�l ipiliill'�11 I the following not to exceed amounts (except where noted): Task 1 � Data Collection & Preliminary Design Evaluation $ 35,944 Task 2: Desiqn and Plans Production and Bid Support $ 114,084 Task I Environmental Resource Permitting (not to exceed) $ 10,692 Task 4. General Engineering Services During Construction $ 23,576 Task 5 Meetings, Project Management and Quality Control $ 40,3641 Outside Professionals (lump sum) $ 74,066 Other Direct Costs $ 10,100 Total (not to exceed) $ 308,716 5193IRim- 1321olits RMIAMIN Loll &ON1111162101611 filliv-10 we ZU010150t; ) Keep and maintain public records that ordinarily and necessarily would be required *y Monroe County in order to perform the service. J1I1JJ1;�1;Jl �'111 *rovided in Florida Statutes, Chapter 119 or as otherwise provided by law. 0 * 6 (d) Meet all requirements for retaining public records and transfer, at no cost, to Key Largo 11 Roadway and Drainage Improvement Project CDM Smith Inc. Dec.23, 2015 Page 5 of 7 axempt from public records disclosure requirements. All records stored electronically technology systems of Monroe County. 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. • ire; te Signatu r e Date Key Largo 11 Roadway and Drainage Improvement Project CDM Smith Inc, Dcc,23, 2015 Page 6 of 7 Date: / A G / / (A Ll Key Largo 11 Roadway and Drainage Improvement Project CDM Smith Inc. Dec13, 2015 Page 7 of 7 ' JIII541110UIR This Authorization, when executed, shall be incorporated in and become part of the Agreement for Professional Services between the Monroe County (COUNTY), and CDM Smith Inc. (CONSULTANT), dated January 16, 2014, hereafter referred to as the Agreement. HIM! RIVER SIR III FIRM 17 Im 11 11 11 I LIP, 1 1 • Evaluate the subdivision roads to determine the appropriate rehabilitation method (resurfacing, widening, reconstruction) • Design of appropriate rehabilitation method and associated drainage improvements • Preparation of contract documents and technical specifications in coordination with standard County requirements • Apply for a Permit Exemption from the South Florida Water Management District (SFWMD) • Provide support during construction in responding to Contractor's, needs and inquiries • Assistance with project close-out I I BUM= milling and resurfacing of streets in good condition or reconstruction of streets showing evidence of CDM_ Page 1 of 7 Smith pavement failure or significant flooding. The CONSULTANT will recommend a rehabilitation method for each street or logical segments of each street for review and approval by the COUNTY. For purposes of 2nd six (6) roads will require reconstruction based on pavement condition index (PCI). In addition, three (3) narrow roads will be widened to comply with the minimum pavement width requirement of 18 feet. The CONSULTANT will prepare a conceptual drainage plan outlining the locations of ditch grading improvements and exfiltration trench locations. The plan will be based on drainage needs determined during the field review and evaluation of the drainage patterns from the obtained ground survey for the project. i Florida Manual of Uniform Minimum Standards Oesign, Construction and Maintenance for Streets and Highways), as practical: RITIMMI 1� =� CDMI Page 2 of 7 smilth • Roadway Reconstruction Plan/Profiie Sheets (1 per road) • Cross Sections for Reconstruction and/or Widening (15 sections per roa • Stormwater Pollution Prevention Plan (1) • Miscellaneous Design Standards/Temporary Erosion Control Details (1) RMI I' Page Page 3 of 7 119 M, TIMM I the scope of services, schedule and budget, and discuss initial design issues/preferences and gather any additional available data. CONSULTANT will prepare and distribute draft and final meeting minutes to all project life of 19 months. This task also includes monthly project status review management meetings, and periodic progress internal team meetings. CONSULTANT maintains a QC program on all of its projects. Technical Review Committee (TRC) meetings are budgeted for and will be performed before submitting the deliverables. The TRC review includes a detailed review of each discipline by a Senior Engineer trained within that discipline as well as a constructability review by a Senior Construction Engineering Inspection (CEI) engineer. ASSUMPTIONS The above described engineering services have been based upon the following assumptions: mith DELIVERABLES 3MCM Conceptual design sketch to be included on 11x17 sheets with aerial background. The design sketch will include proposed limits of reconstruction, widening, and milling & resurfacing, as well as the proposed exfiltration trench locations and ditch upgrades. Electronic delivery of the 90% design documents including , opinion of probable cost, draft specifications, and 90% plans COMI Page 5 of 7 Smith CDMI Page 6 of 7 Smith Table 1 Task Value for Invoice Purposes Only CDM Smith Page 7 of 7 MONROO COUNTY ROY LAW3041 4NORDORIN3 ONSION AND CONSTRUCTION A -ROJECT FEE ESTIMATE 0 VIW sj • • • • 1 , AMENDMENT 1 TO THE LL E WHEREAS, on the 16 1h day of January 2014, the parties entered into an Agreement for On Call projects in w1i construction costs ito not exCUMI, 4 services; and WHEREAS, personnel referenced in Section 6.1 • the Agreement has changed and the County finds the change in personnel acceptable: 1111111� I i I I � Ili �r -IF MEOE= 1. Section 6.1 Personnel - Repill'' IIIFIl II I! 1111!11!1111 ifill!"11111ilarlirl I �11111 I I i1li:l 1 I n WITN WH each party hereto has caused this contract to be executed by its d a utho rized representative. N Em 9 APPROVED AS TO FORkI f LA C. STINE Ll ASSIST. o u M04:481:41kagrol M CDM Smith Inc., a Corporation of the State of Massachusetts, whose corporate address is One Cambridge Place, 50 Hampshire Street, Cambridge, Massachusetts 02139 and whose office location for work performed is 800 Brickell Avenue, Suite 500, Miami, Florida 33131 its successors and assigns, hereinafter referred to as "CONSULTANT", I&INUT KO-1 loll . a9 A�;l #:W*i -Q I M091 Nk WILVE-1711:711 N L 1#1 By executing this Agreement, CONSULTANT makes the following express representations and warranties • the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits • 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. MI A 1 62 Or-IM L41 A A I K I I M-1r I I LON I I LONVAS 11 P ARTICLE 11 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: 111s. Judith Clarke, P.E. Director of Engineering Services Monroe County Key West, Florida 33040 And. Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 6 Miami, Florida 33131 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. FLA 9JOEM 15 MIMAI ' M %_ MR&M-Ir" _77. 7 - MMRM� 4 W9000- 11M !�,.3 Prompt written notice shall be given by the COVITT and its representative to tlli? 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. 4.6 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. M�111IMSTOMEMEW a - - - EMMEM 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 • M 0 action on the COUNTY'S behalf. I T- N I John L. Mafera MACTION Officer in QbgM r 1K*1 A -MI NUMM I UM IT--i - - 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. �KPIONIWRMV AM "dal --- M-- -------- material ,A) If the CONSULTANT'S duties, obligations and responsibilities are changed by amendment to this Agreement after execution of this Agreeme compensation due to the CONSULTANT shall be equitably adjusted, either upwa or downward; I 04 1 � 1:111 4 4 41 a #Z14 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: =10111141"W"PUT 0 0 40 0 4. Cost of reproducing maps or drawings or other materials used in performing the scope of services; MommmArTAT0117. "A.IMNMM= 7.4.1 The COASULTART 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 fisc 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. i 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. A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. Z. 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. An Occurrence Form policy is preferred. If coverage is changed to or provided on Claims Made policy, its provisions should include coverage for claims filed on or a the effective date of this contract. In addition, the period for which claims may reported must extend for a minimum of •8 months following the termination • expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter • of the Florida Statutes. oil a 011001R.-glin-1703 • hJ;L W R 1; 10 t 1, 11 r, TO 10 MI 911 COUNTY during the term of this Agreement. COUNTY will not pay for increased limits 0 insurance for subconsultants. - - -------- �A -�b � - 1 1 &JIN Lei I Alk MgIffigig- in may be reproduced and copied without acknowledgement or permission of t CONSULTANT. I ? contained herein shall create any relationship, contractual or otherwise, with or any Jqhts in favor of, any third party. A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT, Mumi �� w j • •�� calculated interest pursuant to Sec. 55.03, of # #. Statutes, running from the date the monies paid by - • !' # i 4A [+111111111.' I AN 4;1-11:1 3 I IN I 1.12 BINDING The terms, covenants, conditions, and provisions of Agreement bind and inure to the benefit of • and CONSULTANT and their respective s. -t successors, _ • RX Each party represents # warrants to other _ execution, delivery *erformance of this Agreement have been duly authorized by all necessary County ana corporate action, as required by law. I Lop that all applications, requests, grant proposals, and funding solicitations shall be approv-r- by each party prior to submission. I ONSULTANT and COUNTY covenant that neither presently has any interest, and sh not acquire any interest, which would conflict in any manner or degree with its performan under this Agreement, and that only interest of each is to perform and receive benefits Tecited in this Agreement. A MQ111 of certain information, MHML!��M' OKM IldIty-NE6l:'41 7EloJ fto 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. TT F I I [Inal-j-:11 F [iT, tjx T411 :Itrolv - �, i I a). Appendix I of the FDOT 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 • 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. HI-M ihe 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. 101*1kIM51% INKOTim _ 1- #11 lai"s Czi*;jmlr--IR9;l" W*7MOR "WElf-RWItAof IMMIMEN99 "Mmemr-Im 0 w 1 9 # . 0 a # - 0 Z40 w I 51NOW.111101A Date; — Lil . ZD14 VV .-A 101261ORIZIM;Koisilloy 2 ILA] 1 .4 1 By: Mayv4or/Cirma� W I alifill ATTACHMENT A ATTACHMENT A SENIOR SUPPORT SERVICES STAFF SUPPORT SERVICES SENIOR PROFESSION PROFESSIONAL I PR!21E!C3: SUPPORT SERVICES PROJECT ADMINISTRA 101 p AG16" Atj'ch A DCKX I Packet ft I 4 E, i N' i i X • W �1 ATTACHMENT B APPE f BAT 19:4 V 1 X 0 1M94*11 - s . t 0 . , Ir- Agreement that the services involve the expenditure of federal funds; iqu 1. withholding of payments to the Consultant under the contract until the Consultant complies andfor 2. cancellation, termination or suspension of the contract, in whole or in parL AZ 0. s of any State, • • 1-1 LM I No W The Department hereby certifies that neither the consultant nor the consulterifs representative has been required by the Department, directly or indirectly as an express or implied condon in connection with obtaining or carrying out this contract, to I employ or retain, or agree to employ or retain. any firm or person, or 2. pay, or agree to pay, to any fi rm, person, or organization, any fee, contribution, donation, or consideration of any kind; O p , 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 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. plicable Stato and Federal Laws, both Priminai and civil. • I ATTACHMENT C feu.mum, oTspurful meAgiumiq 11flu fummarf cluumm Federal Aid Contracts CO m E E E 0 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33 * : LOBBYING - i • Ii ON FEDERAL CONTRACTS (Compliance with 49CFR, S ection :! t belie # ... .. i m-gas l oli °! WFIATO Art - •- !: # #. #° 1. • l... # ! : t° t ::!^ #..:.. `• *. oil 41 -11WHIQ60A t # ` • !. it m *,'. _: a. h. • M' -rj 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 emolovee of Congress, or an eMDlovee of a Member of Congress in connection Name of Consultant: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-MO-32 PROCUREMENT CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] department or agency� 0 Title: ( I/ _Q C) �21, Date: 1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification set out below. 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. & 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,