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Item C05County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys �� t , ,��Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting March 21, 2018 Agenda Item Number: C.5 Agenda Item Summary #3954 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Raymond Sanders (305) 295 -4338 N/A AGENDA ITEM WORDING: Approval to award a contract to the highest ranked respondent, WSP USA Inc., for $157,725.56 for a FDOT Local Agency Program project for the Construction Engineering and Inspection (CEI) Services for the Big Pine Water Observation Platform and Reynolds St. Pier improvements. State and Federal funding will provide, at minimum, $80,000. ITEM BACKGROUND: In July 2013, Monroe County entered into a Local Agency Program (LAP) agreement with FDOT to design and construct an observation platform at Big Pine Community Park and improvements to the Reynolds Street pier at Clarence Higgs Beach Park. This request is for approval of a negotiated contract for Construction Engineering and Inspection (CEI) services for this project with WSP USA Inc. Staff will request FDOT approval to move excess grant construction funds to cover the remainder of the CEI contract. PREVIOUS RELEVANT BOCC ACTION: On July 17, 2013, the BOCC approved a Local Agency Program Agreement with FDOT for the construction of various Scenic Highway Overlooks. On August 20, 2014, the BOCC approved a contract with Stantec Consulting Services for the design and permitting of an observation platform at Big Pine Park and improvements to the Reynolds Street pier in Key West. On May 17, 2017, the BOCC approved the advertisement of an RFP for a FDOT Local Agency Program project for the construction of the Big Pine Water Observation Platform and Reynolds St. Pier improvements. On June 21, 2017, the BOCC granted approval to advertise an RFQ for Construction Engineering and Inspection (CEI) services. On January 17, 2018, the BOCC approved negotiating a contract with WSP USA Inc., the highest ranked respondent, for Construction Engineering and Inspection (CEI) Services for Scenic Highway Overlooks at the Big Pine Water Observation Platform and Reynolds Street Pier. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Recommend approval as outlined above DOCUMENTATION: 2018.03.05 - Scenic Highway Overlooks - CEI Contract with WSP FINANCIAL IMPACT: Effective Date: March 21, 2018 Expiration Date: Total Dollar Value of Contract: $157,725.56 Total Cost to County: $77,725.56 Current Year Portion: $77,725.56 Budgeted: Yes Source of Funds: FDOT Grant 125 22018 GN1403 - $80,000 Remaining $77,725.56 may be covered by the FDOT grant at a later time. CPI: N/A Indirect Costs: $0 Estimated Ongoing Costs Not Included in above dollar amounts: $0 Revenue Producing: No Grant: Yes County Match: $0 Insurance Required: Yes Additional Details: If yes, amount: Yes 03/21/18 125 -22018 SCENIC HWY OVERLOOKS $80,000.00 GN1403 03/21/18 304 -25000 CULTURE & RECREATION PRO $77,725.56 Total: $157,725.56 REVIEWED BY: Ann Mytnik Completed 03/06/2018 12:18 PM Cary Knight Completed 03/06/2018 3:51 PM Kevin Wilson Completed 03/06/2018 4:00 PM Chris Ambrosio Completed 03/06/2018 4:46 PM Budget and Finance Completed 03/06/2018 5:03 PM Maria Slavik Completed 03/06/2018 5:10 PM Kathy Peters Completed 03/06/2018 5:36 PM Board of County Commissioners Pending 03/21/2018 9:00 AM AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS STREET PIER This Agreement ( "Agreement ") made and entered into this 21s' day of March, 2018 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), _►1 WSP USA Inc., a foreign corporation of the State of New York, authorized to do business in the State of Florida, whose address is 7650 Corporate Center Drive, Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to as "CONSULTANT" or "CONTRACTOR ". WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT construction engineering and inspection (CEI) services for the Scenic Highway Overlooks at the Big Pine Water Observation Platform and Reynolds Street Pier (Collectively referred herein as "Project "); and WHEREAS, CONSULTANT has agreed to provide professional services, which shall include but not be limited to, CEI services for the entire Project , NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work - 1 - completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; Notwithstanding the foregoing, Consultant shall render the services consistent with the standard of care, skill and diligence exercised by members of the same profession providing similar services under similar conditions at the locale of the Project and at the time the services are to be performed. Consultant's standard of care shall not be altered by the application, interpretation or construction of any other provision of this Agreement. 1.1.4 The CONSULTANT assumes full responsibility to the extent required by this Agreement with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the COUNTY or BOCC. 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 BOCC or COUNTY. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. 1.1.8 The CONSULTANT shall complete the scope of services defined herein no later than Thirty (30) days after Final Completion of the Project by the general contractor. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT's Scope of Basic Services consists of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES, AND CONFLICTS The CONSULTANT shall, without additional compensation, promptly correct any Services which do not comply with the standard of care of the CONSULTANT or its subconsultants, or both. -2- 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: Ray Sanders Monroe County Project Manager 1100 Simonton Street, Room 2 -216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the Consultant: Mr. Kennith Spillett, PE WSP USA Construction Services Manger - Florida 7650 Corporate Center Drive, Suite 300 Miami, Florida 33126 ARTICLE III CHANGES AND MODIFICATIONS 3.1 The terms of this Agreement may be modified by written amendment if the COUNTY determines that there is a significant change in 1) the scope, complexity, or character of work related to this Agreement, or 2) the schedule for performing the work, or 3) the compensation due the CONSULTANT. Should the COUNTY require a contract modification it 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 and Florida Department of Transportation before commencement. 3.2 If additional work is required, the COUNTY shall issue a letter requesting and describing the requested work to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested work. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the additional work. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads and 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 negligent acts, errors or omissions of the -3- Consultant or non - conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION, HOLD HARMLESS AND DEFENSES 5.1 To the fullest extent permitted by law, the State of Florida, Department of Transportation's (FDOT)'s consultant shall indemnify and hold harmless FDOT and Monroe County, and its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the COUNTY's sovereign immunity. 5.2 Indemnification, Hold Harmless and Defense. The CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of services provided by the CONSULTANT or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, or its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that 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. 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 CONSULTANT shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. i!e The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. 5.3 In the event that 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. 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 CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Pomsit (Pom) Chakkaphak, PE Senior Project Engineer Keith Duke Project Administrator /Contract Support Specialist Roy Allen Inspector So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT CONSULTANT's performance of this Agreement Attachment B. The Total Not to Exceed Amount Seven Hundred Twenty -Five Dollars and Fifty -Si x Agreement. 7.2 PAYMENTS monthly in current funds for the based on the hourly rates outlined in of One Hundred Fifty -Seven Thousand Cents ($157,725.56) will apply to this 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act, Section 218.70, Florida Statutes. -5- (A) If the CONSULTANT's duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT's invoice shall describe with reasonable particularity the service rendered. The CONSULTANT's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; and c. Postage and handling of reports. 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive and shall not incur any costs in excess of, 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 COUNTYss BOCC. The budgeted amount may only be modified by an affirmative act of the COUNTY's BOCC. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the BOCC and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing thirty (30) days' notice to the COUNTY and FDOT prior to any cancellation of said M coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: 7 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS STREET PIER BETWEEN MONROE COUNTY, FLORIDA AND WSP USA INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. GENERAL LIABILITY INSURANCE REQUIREMENTS FOR SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS STREET PIER BETWEEN MONROE COUNTY, FLORIDA AND WSP USA INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $500,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. M BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS STREET PIER BETWEEN MONROE COUNTY, FLORIDA AND WSP USA INC. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles. The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. -10- PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM AND REYNOLDS STREET PIER BETWEEN MONROE COUNTY, FLORIDA AND WSP USA INC. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be $500,000 per Occurrence / $1,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. -11 - ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION FOR CAUSE, CONVENIENCE, AND DEFAULT 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 (5) 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. C. By satisfactory completion of all services and obligations described herein upon COUNTY's final approval. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Qualifications, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B, C, D and E , and modifications made after execution by written amendment. In the event of any -12- conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this Agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that -13- venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, and out -of- pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party -14- shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement -15- 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. -16- (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY- BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 17- 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment C. b). The CONSULTANT and any sub - consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT - assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub - consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. https://www.eeoc.gov/eeoc/internal eeo/ -19- e). The CONSULTANT and all sub - consultants agree to utilize the U.S Department of Homeland Security's E- verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub - consultants during the term of the contract. https://e-veCify.uscis.gov/web/Loqin.asr)x f). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29, Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will utilize the FDOT Equal Opportunity Compliance (EOC) web based application http: / /www. dot. state. fl. us / equalopportunityoffice /eoc.shtm designed to manage the DBE Program and ensure compliance of DBE reporting. The EOC Contractor /Consultant module is for Prime Contractors and Consultants to report their Bidder Opportunity List, DBE Commitments, and DBE Sub - payments. The Prime Contractor /Consultant is responsible for DBE reporting on Construction, Maintenance, Professional Services and Local agency contracts. During the contract, the CONSULTANT is required to report actual payments to DBE and MBE subconsultants through the web -based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHelp @dot.state.fl.us. FDOT has a race neutral program with a 9.91% goal. While DBE utilization is not mandatory in order to be awarded the contract, continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program. g). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency Program (LAP) Agreement between FDOT and Monroe County for this project. A copy of the LAP Agreement Exhibit "A" is included as Attachment D. h). The CONSULTANT will complete and submit the most current version of the following FDOT forms included in Attachment E: Form Number Form Name 375 - 030 -30 Truth in Negotiation Certification 375 - 030 -50 Conflict of Interest Certification 375 - 030 -32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts 375 - 030 -33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 375 - 030 -34 Standard Form -LLL, Disclosure of Lobbying Activities if required i). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT requirements utilizing the appropriate FDOT form after final acceptance as part of the project closeout process. j). Acquisition of tangible capital assets for COUNTY ownership through service contracts is normally not acceptable. The requirements of Rule 60A- 1.017, F.A.C., must be considered when this is necessary. Property acquired as part of a service contract must be handled in accordance with FDOT Procedure No. 350 - 090 -010, Tangible Personal Property Procedure. -20- IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: KEVIN MADOK, Clerk RM Date: March 5, 2018 41 By: _ Mayor/Chairman 0 Printed Nan10 Kenneth B. Spillett, P.E. Title: Construction Services Manager - Florida Date: March 5, 2018 ATTACHMENT A SCOPE OF BASIC SERVICES 1.0 The Board of County Commissioners of Monroe County, Florida, (COUNTY) requires the services of a firm or individual to provide construction engineering and inspection (CEI) services during construction of the Scenic Highway Overlooks at the Big Pine Water Observation Platform and Reynolds St. Pier ( "Project "). The Project will be funded through a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT). Therefore all Federal Highway Administration regulations and guidelines for use of federal funds apply. Respondents must be pre- approved by FDOT for Work Group 10.3 Construction Material Inspection and 10.4 Minor Bridge & Miscellaneous Structures, Construction Engineering Inspection services. The Scope of Work shall include, but not be limited to the construction of two Scenic Highway Overlooks in Monroe County, Florida as part of the Overseas Heritage Trail System. The Scope of Work for the Overlook at Big Pine Community Park in Big Pine Key consists of the construction of a Scenic Highway Overlook at Big Pine Community Park in Big Pine Key consists of the construction of the Big Pine Water Observation Platform including installation of wood piles, wood framing and decking, wood railing system, interpretive sign panels, viewing scopes, concrete approach path and connection to existing pathway, drainage pipe and minor swale reconstruction, benches, LED solar lighting, sod and tree removal. Work includes maintaining environmental controls and maintenance of traffic, including pedestrian walkways, and all work shown and listed in the Project Drawings and Project Manual. The Scope of Work for the Scenic Highway Overlook at Reynolds Street Pier shall include, but not be limited to the rehabilitation of the existing pier and the construction of a pedestrian plaza at the entrance to the pier. Work shall involve the installation of new fiberglass decking, stainless steel and wooden handrails, interpretive sign panels, viewing scopes, replacement of two existing stairways leading into the water with new pre - engineered stainless steel stairs, reconstruction of the elevated concrete ramp to the pier, replacement of the existing sidewalk, installation of a pre- fabricated shelter pavilion, benches, concrete slabs, landscaping, tree grates and relocation of existing palm trees. Demolition and removal of the existing pier decking and approach slab are also included. Work includes maintaining environmental controls and maintenance of traffic, including pedestrian walkways, and all work shown and listed in the Project Drawings and Project Manual. The Scope of Work consists of all related construction as shown on the Drawings and included in the Technical Specifications. The CEI shall note that the project requires a professional archaeologist who meets the Secretary of Interior's Historic Preservation Professional Qualification Standards for Archaeology (48 FR 44716, as amended and annotated) to monitor construction. The details for this monitoring requirement are contained in a note within the construction plans. The CEI shall be responsible for inspections to ensure that a qualified archaeologist has been retained and is on -site to monitor construction activities in conformity with the stipulations of the contract plan note. -22- The project is being administered through the Florida Department of Transportation's (FDOT'S) Local Agency Program (LAP); the Consultant will comply with all LAP requirements. 2.0 The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Task Order. Pursuant to Section 4.1.4 of the FDOT's Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project Administrator shall be identical to the Department's Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with the LAP requirements, FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Task Order unless otherwise directed in writing by the County. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the County and the Contractor either directly or indirectly. The Consultant shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. LENGTH OF SERVICE The Consultant services for the Construction Contract shall begin upon written notification to proceed by County. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification to proceed by the County has been issued, the Consultant shall be ready to assign personnel within two (2) weeks of notification. For the duration of the project, the Consultant shall coordinate closely with the County and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) working days to perform preliminary administrative services prior to the issuance of the Contractor's notice to proceed and thirty (30) calendar days to demobilize after final acceptance of the Construction Contract. Milestone Dates / Length of Service Please note the following special milestone dates: Negotations Completed By BOCC Award Date (Anticipated) CEI Contract Award (Anticipated) CEI Contract Duration (Anticipated) March 6, 2018 March 21, 2018 April 21, 2018 210 days -23- 3.0 DEFINITIONS A. Resident Engineer The Engineer assigned to a particular Project or area to administer Construction Contracts for the County. B. Construction Project Manager The County employee assigned to manage the Construction Engineering and Inspection Contract and represent the County during the performance of the services covered under this Agreement. C. Engineer of Record The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. D. Consultant The Consulting firm under contract to the County for administration of Construction Engineering and Inspection services. E. Agreement The Professional Services Agreement between the County and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. F. Consultant Senior Project Engineer The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. G. Consultant Project Administrator The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for one or more Construction Projects. H. Contractor The individual, firm, or company contracting with the County for performance of work or furnishing of materials. Construction Contract The written agreement between the County and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. J. CPAM Florida Department of Transportation, Construction Project Administration manual; latest. K. Department Florida Department of Transportation. L. F.D.O.T. Florida Department of Transportation. M. County Monroe County Board of County Commissioners. 4.0 REQUIREMENTS 4.1 General -24- It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. The Consultant shall observe the Contractor's work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the County, and direct the Contractor to correct such observed discrepancies. The Consultant is hereby designated by the County to negotiate Supplemental Agreements. However, the Consultant must seek input from the Construction Project Manager. The Consultant shall prepare the Supplemental Agreement as a recommendation to the County, which the County may accept, modify or reject upon review. The Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action or direction. The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 4.2 Survey Control The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary to calculate and document quantities for pay items; (2) make and record pre - construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project; and (3) perform incidental engineering surveys. The Senior Project Engineer will establish the specific survey requirements for each project prior to construction. Any questions or requests for "Waiver of Survey" should be directed to the Senior Project Engineer. 4.3 On -site Inspection The Consultant shall monitor the Contractor's on -site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. The County will monitor all off -site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone traffic control plan and review of modifications to the Work Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T. procedures. Consultant employees performing such services shall be qualified in accordance with F.D.O.T. department procedure. -25- 4.4 4.5 Sampling and Testing The Consultant shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the project for verification and acceptance. Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done. If required, the Consultant will transport samples to be tested in a Department laboratory to the appropriate laboratory or appropriate local FDOT facility. The Consultant will input verification testing information and data into the Department's LIMS system database using written instructions provided by the Department. The Consultant will review and approve contractor samples in FDOT's LIMS system The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc.. Sampling, testing and laboratory methods shall be as required by the Department's Standard Specifications, Supplemental Specifications or as modified by the special provisions of the Construction Contract. Engineering Services The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the County for failure of such parties to follow written direction issued by the Consultant. Services include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract, maintaining complete, accurate records of all activities and events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services: (1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre - construction conference for the project in accordance with County and FDOT LAP procedures. The Consultant shall provide appropriate staff to attend and participate in the pre- construction meeting. (2) The Consultant shall record a complete and concise record of the -26- proceedings of the pre- construction meeting and distribute copies of this summary to the participants and other interested parties within seven (7) days. (3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as- built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in CPAM. (4) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. (5) Analyze problems that arise on a project and proposals submitted by the Contractor, endeavor to resolve such issues, and process the necessary paperwork. (6) Produce reports, verify quantity calculations, field measure for payment purposes as needed to prevent delays in Contractor operations and ensure prompt processing of such information in order for the County to make timely payment to the Contractor. (7) Provide Public Information services as required to manage inquiries from the public, public officials, and the news media. Prepare newsletters for distribution to adjacent property owners. The County Construction Project Manager shall approve all notices, brochures, responses to news media, etc., prior to release. (8) Prepare and submit to the Construction Project Manager monthly, a Construction Status Reporting System (CSRS) report. (9) Schedule and conduct a meeting with the County Project Management Office at least forty -five (45) calendar days prior to project final acceptance. The purpose of this meeting is to discuss the required documentation, including as- builts, necessary to close out the permit(s). (10) Video tape the pre- construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items /issues and on areas of real /potential public controversy. (11) The Consultant shall have a digital camera for photographic documentation of noteworthy incidents or events to cover the following areas: (a). Pre - construction photographs. (b). Normal and exceptional progress of work. (c). Critical path activities. -27- (d). Accidents showing damage. (e). Unsafe working conditions. (f). Unusual construction techniques. (g). Damaged equipment or materials. (h). Any activity, which may result in claims. These photographs will be filed and maintained on computer. Copies of photographs will be electronically County at an interval determined by the Senior Project Construction Project Manager. the Consultant's transferred to the Engineer and the The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and /or Final Acceptance. (12) Monitor each Contractor and Subcontractor's compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with FDOT LAP Department procedures. (13) Provide a Resident Compliance Specialist for surveillance of the Contractor's compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll, and Subcontracts. The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested. (14) As needed, prepare and make presentation before the Dispute Review Boards in connection with the project covered by this Agreement. 5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT A. The County, on as needed basis, will furnish the following Construction Contract documents for this project. These documents may be provided in either paper or electronic format. 1 Construction Documents (drawings, specifications). 2 Special Provisions. 3 Copy of the executed Construction Contract. 6.0 ITEMS FURNISHED BY THE CONSULTANT 6.1 County Documents son All applicable documents referenced herein this RFQ shall be a condition of this Agreement. 6.2 Vehicles Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.3 Field Equipment The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those non - consumable and non - expendable items, which are normally needed for a CEI project and are essential in order to carry out the work under this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. The Consultant's handling of nuclear density gauges shall be in compliance with their license. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 6.4 Licensing for Equipment Operations The Consultant will be responsible for obtaining proper licenses for equipment and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the County, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0 LIAISON The Consultant shall keep the Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant's performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. -29- 8.0 PERSONNEL 8.1 8.2 General Requirements The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Not all positions listed below may be required; however, personnel performing a specific task must have the qualifications required for the task. Unless otherwise agreed by the County, the County will not compensate straight overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Specialist. Personnel Qualifications The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two (2) weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from County. Previously approved staff, whose performance is unsatisfactory, shall be replaced by the Consultant within one (1) week of County notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications /certifications for obtaining the duties of the position they hold. Cross training of the Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project inspection team, but shall not be at any additional cost to the County and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. The County Engineer or designee will have the final approval authority. CEI SENIOR PROJECT ENGINEER A Civil Engineer degree and be registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six (6) months) and six (6) years of engineering experience (two (2) years of which are in major road and bridge construction), or for non - degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction -30- engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and /or reviews policies, methods, practices, and procedures; and reviews programs for conformance with County standards. Also must have the following: Qualification: FDOT Advanced MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post - tensioning Tendons" (If applicable) Attend the CTQP Quality Control Manager course and pass the examination. Certifications None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. CEI PROJECT ADMINISTRATOR A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road and bridge structures. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications FDOT Intermediate MOT; Pass the CTQP examination covering the training video "Grouting of Bridge Post - tensioning Tendons" (If applicable) CTQP Final Estimates Level II Certifications None Other Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience. CEI CONTRACT SUPPORT SPECIALIST A Civil Engineering Degree or High School diploma or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed /assisted in project related duties (i.e., progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the County's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become trained in CTQP Final Estimates Level II course and maintain a current qualification. -31 - CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and /or roadway construction inspection. Must have the following: Qualifications CTQP Concrete Field Inspector Level I CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level II (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable) CTQP Grouting Technician Level I (If applicable) CTQP Post - Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level I Certifications Nuclear Radiation Safety Or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the ability to earn additional required qualifications within one (1) year. (Note: Senior Engineer Intern classification requires one (1) year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. 8.3 Staffing Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. -32- 9.0 QUALITY ASSURANCE (QA) PROGRAM 9.1 Quality Reviews The Consultant shall conduct semi - annual reviews to make certain his own organization is in compliance with the requirements cited in the Scope of Services. Quality Reviews shall be conducted to evaluate the adequacy of materials, processes, documentation, procedures, training, guidance, and staffing included in the execution of this Agreement. Quality Reviews shall also be developed and performed to achieve compliance with specific QA provisions contained in this Agreement. The semi - annual reviews shall be submitted to the Construction Project Manager in written form no later than one (1) month after the review. On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two (2) months of the start of construction. 9.2 QA Plan Within thirty (30) days after receiving award of an Agreement, the Consultant shall furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant's organization to assure conformance with the Agreement. Unless specifically waived, no payment shall be made until the County approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A. Organization A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B. Quality Reviews The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C. Quality Records The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D. Control of Sub - consultants and Vendors: The Consultant will detail the methods used to control sub - consultants and vendor quality. -33- E. Quality Assurance Certification An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and County procedures. 9.3 Quality Records The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the County, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 10.0 CERTIFICATION OF FINAL ESTIMATES 10.1 Final Estimate and As -Built Plans Submittal Prepare documentation and records in compliance with the Agreement, Consultant's approved QC Plan and the County's Procedures. Submit the Final Estimate(s) and three (3) sets of final as built plans documenting Contractor's work (one record set with two copies) as follows: (a) Within thirty (30) calendar days after final acceptance; or (b) Where all items of work are complete and conditional /partial acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty (30) calendar days, the final estimate(s) will be due on the thirtieth (30th) day after conditional /partial acceptance. A memorandum with documentation will be transmitted to the Director of Project Management at final acceptance detailing any necessary revisions to the pay items covered under the conditional /partial acceptance. The Consultant shall be responsible for making any revisions to the Certified Final Estimate. 10.2 Certification Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II qualified. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to Department procedures. 11.0 SUBCONSULTANT SERVICES Upon written approval by the Construction Project Manager and the County, and prior to performance of work, the Consultant may subcontract for engineering surveys, materials -34- testing, or specialized professional services. 12.0 OTHER SERVICES Upon written authorization by the Director of Project Management or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the County to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. C. Provide on- and off -site inspection services in addition to those provided for in this Agreement. 13.0 POST CONSTRUCTION CLAIMS REVIEW In the event the Contractor submits a claim for additional compensation and /or time after the Consultant has completed this Agreement, the Consultant shall, at the written request from the County, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to this Agreement. 14.0 CONTRADICTIONS In the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 15.0 THIRD PARTY BENEFICIARY It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 16.0 COUNTY AUTHORITY The County shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant. -35- ATTACHMENT B HOURLY RATES (executed upon contract award) PERSONNEL CLASSIFICATIONS HOURLY BILLING RATES SENIOR PROJECT ENGINEER $223.53 CEI SENIOR INSPECTOR $114.52 CEI INSPECTOR $74.80 -36- ATTACHMENT C APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT LOCAL AGENCY PROGRAM FEDERAL-A113 TERM S , 7 , CLI L) 4 PP0GQ, For PROF S SION AL SERVICES CONTRACTS 1 The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Local Agency relating to Inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto With regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary In this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 6 of the Regulations. E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultants 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. F Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be perfineritto ascertain compliance with such Regulations, orders and instructions. Mere 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 Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. G. Sanctions for Noncompliance. In the event of the Consultants noncompliance with the nondiscrimination Provisions of this contract, the Local Agency shall impose, such contract sanctions as it OF the Florida Department of Transportation, Federal Transit Administration, Federal Aviation Administration, andlOF Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, withholding of payments to the Consultant under the contract until the Consultant complies andfor cancellation, termination or suspension of the contract, in whole or in part. Incorporation or Provisions The Consultant will include the provisions of Paragraph C through I in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Compliance with Nondiscrimination Statutes and Authorities- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 scat. 252), (prohibits discrimination on the basis of race, color, national origin), and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S -C. § 4601), (prohibits unfair treatment LO CD cli q 00 CD C14 E -37- LOCAL AGENCY PROGRAM FEDERAL -AID TERMS 375 - 040 -84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT o4r15 Page 2 of 3 of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects), Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27, The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et sec.), (prohibits discrimination on the basis of age), Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non - discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures non - discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). J. 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. K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. O. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, ME LOCAL AGENCY PROGRAM FEDERAL -AID TERMS 375 - 040 -84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT oars 5 Page 3 of 3 both criminal and civil. P. 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; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract, or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and 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. -39- APPENDICES A and E Revised 01/2015 During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1J Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs ofthe U.S. Department ofTransportation (hereinafter, ^USDOT^) Title 49 Code of Federal Reou|aoionm, Part 21, as they may be amended from time «,time, (hereinafter referred to as the Regu|amons), which are herein incorporated by reference and made a part of this Agreement. (2J Nondiscrimination: The Contractor, with regard to the work performed during the controct, ohoU not discriminate on the basis ofrace, oo|or, national origin, ocw, ooe^ disabi|ity, religion or family status in the selection and retention of subcontractors, mu|uumg procurements of mauana|o and leases or equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. ( Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be pwdonnmd under e subcontract, including pmovn,mems of materials or |emaww of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations n*|mUve to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4J |nh,mmndnn and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department o,Transportation, the Federal Highway Administration, Federal Transit Administration, Fnd*n,( Aviation Adninistrabon, andlo' the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions nf this contract, the Florida Department ofTransportation mhmU impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administrauion' andlor the Federal Moto, Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. vwm»ommg of payments to the Contractor under the contract until the Contractor complies, and/or h. cancellation, termination or suspension of the contract, in whole or in part. (0J Incorporation ofProvisions: The Contractor shall include the provisions of paragraphs {1> through (7) in every auuoontract, including procurements or materials and leases of enuinmvnt, unless emomc* by the Reov|ahonn, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement an the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Fede Aviation Adminisbatim, andlor the Federal Wtor Carrier Safety Administration may direct as a means of enfo such prov including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with m sub-contractor or supplier as u result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests ufthe Florida Department ofTransportation, und, in addition, the Contractor may request the United States to enter into such |ihUshon to protect the interests of the United States. ( Compliance with Nondiscrimination Statutes and Authorities: Title V| of the Civil Rights Act of19O4(42U.S.C.02OOQdeyseq..78atat.252). (prohibits discrimination on the basis of race, co|or, national ohgin)� and 49 CFR Port 21; The Uniform Reloca Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C� § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid pmgnanna and pnojemo>� Federal-Aid Highway Act of 1973 (23 U.S.C. Q 324 e$ seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. & 794eteeqj as amended, (prohibits discrimination on the basis ofdiaabUity); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended. (42 U.O.C� 5O1O1 et seq.), (prohibits discrimination on the basis ofage)� Airport and Airway Improvement Act of 1982. (49 USC g471. Section 47123), as amended, (prohibits discrimination based on raoe, onomd oo|or, national origin, orsex)� The Civil Rights Restoration Act of 1987. (FL 100'205). (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504nfthe Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid neuipiems, sub-rec and contraomry, whether such programs or activities are Federally funded or not); Titles H and ||| of the Americans with Disabilities Ac which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places uf public accommodation, and certain testing entities (42 U.S.C. §§ 12191 — 12189) as implemented hy Department nf Transportation regulations at 48 C.F.R. parts 37 and 38; The Federal Av1su1un Administration's Non'disohmination statute (48 U.8.C� § 47123) (prohibits discrimination on the basis nYrace, color, national origin, and sex): Executive Order 12898. Federal Actions m Address Environmental Justice |n Minority Populations and Low-Income Popu|aUunm, which ensures non-d iscrimi nation against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations: Executive Order 13160. Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title V1, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (7O Fed. Reg. at74O87to741OO); Title |X of the Educat Amendments of 1872 as amended, v/hiuh prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 etseq). 2 -41- ATTACHMENT D LAP AGREEMENT EXHIBIT "A" STATE OF FILORIDA DEPARTMENT OF TRANSPORTATION 52SO1040 LOCAL AGENCY PROGRAM AGREEMENT PIROMCTION SUPPORT MOM .%Re W.U11:11i M-1 1 31 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Monroe County The project — is x— is not on the National Highway System. The project — is x_ Is not on the State Highway System. PROJECT DESCRIPTION: The Florida Keys Scenic Corridor has been designated by FDOT as a State Scenic Highway, and, also, by the Federal Highway Administration as a National Scenic Byway -;All American Road. Monroe County will design and construct Scenic overlooks along the scenic corridor between MM 0 and 106. The overlooks may vary from location to location depending on site specific conditions. Program elements may include viewfinders, concrete pads, boardwalks, landscaping interpretive panels, and other features that will enhance the visitor's experience. The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action f rom any other source with respect to the project, The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-cf-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design to be completed by Perember2014 NTP from Fp T- b) Right-of-Way requirements identified and provided to the Department by c) Right-of-Way to be cerfifled by DeqgsuD 4� 9,LZQL-- d) Construction contract to be let by 90 days following NTP.from-FDOT. e) Construction to be completed by 180 days from N to contractor . If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. - 42 - ATTACHMENT E COUNTY AND FDOT FORMS • Lobbying and Conflict of Interest Clause • Non - Collusion Affidavit • Drug Free Workplace • Respondent's Insurance and Indemnification Statement • Insurance Agent's Statement • Public Entity Crimes Statement • Certification of Disclosure of Lobbying Activities on Federal Aid Contracts • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts • Conflict of Interest Certification • Truth in Negotiation Certification -43- RFQ for CEI Services for the Scenic Highway Overlooks LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE WSP USA, Inc. _ (Company /indivdual) warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, con mis o - ercentage, gift, or consideration paid to the former County officer or employee ". (Signature Date: , -- STATE OF: 'k oy COUNTY OF: roof `' DONNA KNAPP * a MY COMMISSION # FF 975352 EXPIRES:Aprl127,2020 Bored TMU Notary Public Umormihrrrt (SEAL) -44- RFQ for CEI Services for the Scenic Highway Overlooks NON - COLLUSION AFFIDAVIT I, Kenneth B. Spillett according to law, on my oath, and under penalty of perjury, depose and say that: I am Construction Services Manager - Florida of the firm of WSP USA Inc. the bidder making the Proposal for the project described in the Request for Qualifications for: _LEL Services - foL,ite.SLenic - ,Hig way .QvgdQ4lss and that I executed the said proposal with full authority to do so. 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder /responder or with any competitor. 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder /responder and will not knowingly be disclosed by the bidder prior to the opening of the responses, directly or indirectly, to any other bidder /responder or to any competitor. 4. No attempt has been made or will be made by the bidder /responder to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition. 5. The statements -co i. ' this affidavit are true and correct, and made with full knowledg tha onroe Coun y relies upon the truth of the statements contained in this affidavit i a i cntrac for said project. - — 9/14/17 (Sign re f espondent) (Date) STATE OF:) NOTARY PUBLIC My Commission Expires: (Seal) - �, ;.F,' DONMXNAPP e W COMMWKM i FF 975352 "45- "; 0D'IRAAp1127,2= '.? �. ft" 7lra KtWy Pdk RFQ for CEI Services for the Scenic Highway Overlooks DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: WSP USA, Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sjn the sttement, I certify that this firm complies fully with the above requirements. ,s° " f• A l t M Date P .40 NOTARY PUBLIC My Commission Expires: 4jj/,%_ (SEAL) pn,.0 #yy DONNAKWwP k W COMMISSKN1$ FF 976352 EXPIRES' Apd 27, 2020 -46 -: r o swrlyd Tlwu Notary Public c UndN RFQ for CEI Services for the Scenic Highway Overlooks Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee General Liability $500,000 Combined Single Limit Vehicle Liability $100,000 Combined Single Limit If split limits are preferred: $50,000 per Person, $100,000 per Occurrence, $25,000 Property Damage Professional Liability $300,000 per occurrence $500,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in the performance of this Contract. This indemnification shall survive the termination of the Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. The CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of services provided by the Consultant or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT, or its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that 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. 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 CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. -47- RFQ for CEI Services for the Scenic Highway Overlooks The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT understand the insurance that will be mandatory if 0-d theme tract and will comply in full with all the requirements. Kenneth B. Spillett, PE Respondent Sigrid -48- RFQ for CEI Services for the Scenic Highway Overlooks INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the bidder named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES GLO 9835819 -04 $18%537 WA 762DO94060017 $150,000 AS7621094060037 $150,000 QPL0022630 SIR $250,000 *Claims Made Liability policies are X Occurrence Claims Made JLT Specialty Insurance S -ervices_Inc. Insurance Agency sign r Print Name: r, -49- RFQ for CEI Services for the Scenic Highway Overlooks PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list." state that neither_ USA In c (Proposer's been placed on the convicted vendor list within the last 36 months. "4a&pAoAviced as identification. My Commission Expires: oyD NOTARY PUBLIC (SEAL) 2017, To ion) DONNAKNAPP MY COMMISSION # FF E 52 EXPIRES:Apd127, omM Thru Not Public wbm -50- RFQ for CEI Services for the Scenic Highway Overlooks STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -03433 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUReMENr iaa� ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions. (Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: By: Kenne h B. „ ills . P _ Date: Authorized Signature: Title: Construction Services Ma a- er - Florida -51- RFC) for CEI Services for the Scenic Highway Overlooks ITATF OF FLOPWA 0"A"ilml OF ZqVWAT" "S.&SOM CERTIFICATION REGARDING DEBARMENT, SUSPENSION, MOCUPULMOR M15 INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither Ithebelow identified firrn nor its per re Sul ended, oposed for debamient. declared e p rp inelig Vale, or voluntarily excluded from participation lo the train ction bzhytieml dZqant or agency. Name of Consult3ntlConlractor: B - Kenneth B. §jpilljtt. PE Date: - rifle: Construction Services Manager - Florida Instructions for Certification - Lowei Tier Participants: (Applicable tog subcontracts, purchase orders and other lower tier transaction!; requiring prior F approval or estimated to cost$25,000 ormone-2 CFR Pads 10 and 1200) a, By signing and Submitting this proposaL the pmspeqUve lower liv is providing the cettif"don set out below_ b_ The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower t*r participant knowingly vendeted an erroneous certification, it addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension andfor debarment. c. 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 tiff participant learns that its ceftfication was erroneous by reason of changed circumstances d The leems "covered transaction.` 'debarred. nded. "ineligible.' 'participant. "person,' 'principal.' and 'voluntarily excluded,' as used in this clause, are defined in 2 CFR Parts 180 and 1210. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 'First Tier Covered Transactions refers to any covered transaction between a grantee or subgiantee of Federal funds and a participant (such as the prime or general contsaol), 'Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts), 'Fist Twr Participant refers to the participant who has entered into a covered transaction with a grantee ors rantee of Federal funds (such as the prime orgeneral contractor), 'Lower Tier Participant refers any paftipant who has entered into a covered transaction with a First Tier Participant cw other LowerTier Participants (such as subcontractors and suppliers), e. 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 coveTed transaction with a person who is deb d, suspended, declared ineligible. or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause fified 'Cer0cation Regarding Debarment, Suspension. Inelgibilityand Voluntary Exclusion -Los er Tier Covered Tgansactonr'W'thout modftabon, in all lower tierce veied transactions and in all solicitakon5 for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a ceMeation of prospective participant in a lower tier covered transaction that is riot debarred. suspended, ineToble, or voluntarly excluded from the covered transaction. unless it knows that the certification is erroneous. A participant is responsbie for ensuring that its pfincipak are not suspended, debarred, or otherwise inefigible to participate in covered transactions- To verify the eligibility of its, principals, as well as the eligibility of any lower b*f prospective participants, each participant may. but is not required to. check the Excluded Parties List System webske ftVs- which is compiled by the General Services Adminiis"ion, h. Nothing contained in the foregoing shall be construed to require establishment of a system of remds in order to render in good faith the certification required by this clause. The knowledge and information of participant is riot mquired to exceed that wNch is nonnally possessed by a prudent person in the ordinary course of bkciiness dealings. i Except foe transactions authorized under paragraph e of Ihe%e instructions, if a participant in a covered transaction knowingly enters into a lower tiercovered transaction with a person who is suspended, debarred. ineligible, or voluntarily excluded Wom participation in this transaction, in addition to other remtolies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies. including suspension andk)r debarment. to CD cli q co CD C14 E M 0 M -52- RFQ for CEI Services for the Scenic Highway Overlooks Wit ffi i1CM OAMPAFr WNr M IRMJ %.`li€ IUO 3%'af19:15D CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION "' " "` OCC -VSh 7 FOR CONSULTANT /CONTRACTOR/TECHNICAL ADVISORS I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of interest or a potential conflict of interest Con sultantrdContractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing workfor the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision Consultants performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ('Department) related to the procurement of the above - referenced ("Project") that I gain access to as a result of my involvement with the Project ("Procurement Information "). I understand that Procurement Information includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project_ I also understand that Procurement Information includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project ( "Proposers "). I understand that Procurement Information may include documents submitted by Proposers related to letters of response /letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings_ I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers, and information regarding Project cost estimates I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest /Confidentiality Certification which has been approved by the Department ( "Project Personnel'). I understand that a list of Project Personnel will be maintained by Department If I am contacted by any member of the public or the media with a request for Procurement Information, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement Information which are in my custody. agree not to solicitor accept gratuities, unwarranted privileges a exemptions, favors, or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so maybe contrary to statutes, ordinances, and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 83822, Florida Statutes I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 83822, Florida Statutes. Advertisement No./ Description Solicitation No Financial Project Number(s) -53- is ......:... ......:... LO CD CD r CD N C U RFQ for CEI Services for the Scenic Highway Overlooks STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37603030 TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT osna Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost - plus -a -fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. _4[17 Date -54-