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05/16/2018 Agreement' »- Ou 1 r P GOURT \� ; ":. A � Kevin Madok, cPA r J r at poi........ Clerk of the Circuit Court & Comptroller — Monroe County, Florida R UE co DATE: May 23, 2018 TO: Abra Campo, Executive Administrator County Attorney FROM: Sally M. Abrams, D.C. SUBJECT: May 16 BOCC Meeting Approved Agenda Items Attached are electronic copies of the executed agenda items listed below for your handling (hard copies to follow, if supplied). C21 - Board granted approval and authorized execution of Amendment 2 to the Agreement between Monroe County and Anderson Outdoor Advertising for the installation and maintenance of bus shelters on US 1 to add indemnification of the Florida Department of Transportation as required by Section 337.408 F.S., update the Public Records Compliance wording and update Exhibit A - Bus Shelter Locations. C22 - Board granted approval and authorized execution of a Contract with EAC Consulting, Inc. for Engineering Design, Permitting and Post Construction Services for the 1st Street /Bertha Street (Key West) Project in the maximum not to exceed amount of $451,126.16. D9 - Board granted approval and authorized execution of a Task Order with CSA Central, Inc. for Engineering Design and Permitting Services for the Hurricane Irma Roadway Repairs Project. This Task Order is being awarded in accordance with the Continuing Contract for On Call Professional Engineering Services in the maximum not to exceed amount of $92,800.00. Please contact me at extension 3550 with any questions. cc: Originating Department Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305- 294 -4641 305 - 289 -6027 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING FOR IST STREET /BERTHA STREET (KEY WEST) ROAD IMPROVEMENT PROJECT This Agreement ( "Agreement ") made and entered into this 16 day of May, 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 "), AND EAC Consulting, Inc., a Corporation of the State of Florida, whose corporate address is 5959 Blue Lagoon Drive, Suite 410, Miami, Florida 33126; its successors and assigns, hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for engineering design and permitting services for the 1st Street/Bertha Street Road Improvement project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to engineering design and permitting services for the 1st Street/Bertha Street Road Improvement project , which services shall collectively be referred to as the "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 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. R 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 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; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the engineering design and permitting services portion of the scope of services no later than 335 days from the Notice to Proceed. The CONSULTANT shall complete the post design services portion of the scope of services no later than 30 days after completion of the construction project. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist 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- 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: For the County: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2 -216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the Consultant: Daniel Greenberg, P.E. Project Manager EAC Consulting, Inc. 5959 Blue Lagoon Drive, Suite 410 Miami, Florida 33126 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 3- ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the 4- CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement the Total Maximum Not to Exceed Amount of $451,126.16 (if optional services listed below are included by separate written notice from the County) - itemized by task as follows and as outlined in CONSULTANT'S fee proposal- Attachment B: Task Description Task 1 General Project Tasks: Task 2 Predesign Services Field Visits and Data Collection EAC Survey and Test Holes — Longitude Geotechnical - PSI Environmental Investigations — SWC Utility Coordination — FRA Task 3 Design Services Task 4 Permitting SFWMD, FDEP Task 5 Bid and Construction Administration Support Maximum Not To Exceed Fee $23,275.00 $17,300.00 $65,925.00 $13,447.85 $5,840.00 $19,610.96 $163,375.00 $12,500.00 $23,500.00 5- Reimburseable Expenses Subtotal for Design and Permitting Tasks $2,000.00 $346,773.81 The following Optional Services — (will only be executed upon separate written notice from the County): Sea Level Rise Analysis (Optional) Subconsultant GIT $18,210.00 Stormwater Pump Station Design (Optional) EAC and Subconsultants HEE and BOTAS $86,142.35 Total Maximum Not to Exceed Amount (including Optional Services) $451,126.16 The Total Maximum Not to Exceed Amount of four hundred fifty one thousand one hundred twenty six dollars and sixteen cents ($451,126.16) will apply to this Agreement with Optional Services (optional services will only be executed upon separate written notice from the County) 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a Proper Invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered, including hours expended. 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; 6- c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE 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 sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out iA of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of $300,000 per occurrence and $500,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. CONSULTANT shall require that Subconsultants also name COUNTY as an additional insured. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. If the CONSULTANT participates in Insurance will be required. In addition, submit updated financial statements COUNTY. a self- insurance fund, a Certificate of the CONSULTANT may be required to from the fund upon request from the ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and Attachments A and B, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity 91 in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 1 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida Iaw.This provisions 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. The parties agree 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 VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 3601 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 §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 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 12- performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 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 ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 13- (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. 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 BRAD LEY-BRIAWMONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. MA MAKNI 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 14- immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 15- 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. 16- 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 n � By: 115 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor /Chairma , Date: (Seal) Attest: BY: Title: Secreta 1j *A1N p 3Ut zU� 13'813 UHT 1 90 .0 Wd CZ IN 8101 08033H 80 4 03 11.4 EAC CONSU ING, C. B: Title: Pre ident MONROE COUNTY ATTORNEY =P ED AS T FORM: 4 , o0 CHRISTINE LIMBERT- BARROWS ASSISTANT C UNTY TTORNEY DATE: iE 17- ATTACHMENT A SCOPE OF WORK Iy- SCOPE OF WORK The scope of services for the 1" Street/Bertha Street Road Improvements project will include completion of design for construction and any required permitting for roadway resurfacing /reconstruction and drainage system imrovements. The project area consists of 4,213 linear feet of county maintained road within the municipal limits of Key West. 1" Street runs from North Roosevelt Blvd (US 1) to Flagler Avenue and Bertha Street runs from Flagler Avenue to South Roosevelt. Monroe County's responsibility is for the maintenance and repair of the asphalt roadway and base, and drainage system only. The scope of services will include coordination with the City of Key West and FDOT due to the road's proximity to the state highway and location within the municipal boundaries of Key West. There will likely be a need for public information /impact meetings during the design phase. The existing gravity drainage system will need to be evaluated and potentially upgraded or replaced to mitigate periodic flooding due to sea level rise. Monroe County adopted an interim standard methodology for adapting transportation infrastructure for sea level rise in January, 2017. The methodology utilized a 2040 planning year and the IPCC AR5 median seal level rise projection (additional 5.4" SLR from 2015 to 2040). The goal of the adaptation methodology is that the road will experience an average of 7 days or less annually of flooding over the period to 2040. The 7 day recurrence period was derived by evaluating the 20 year tidal record from the reference tidal gauge. Adaptation under this project will need to be coordinated with FDOT and the City of Key West due to the proximity to the state highway, location within the City of Key West and potentially combined use of stormwater infrastructure. The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. 1.0 DESIGN DEVELOPMENT The Consultant will evaluate flooding information provided by Monroe County and determine appropriate stormwater management methodology for the roads within the project limits. Drainage improvements will be evaluated based on a 5 -year 1 -day storm as outlined in the Monroe County 2010 Comprehensive Plan, as well as criteria outlined in the FDOT Drainage Manual. 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the latest versions of the following: 19- 1. Florida Department of Transportation Roadway Plans Preparation Manuals http: / /www. dot. state. fl .us /rddesign /PPMManual /PPM.shtm 2. Florida Department of Transportation Design Standards http: / /www. dot. state. fl. us / rddesign /Desi.qnStandards /Standards.shtm 3. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways http: / /www. dot. state. fl. us /rddesign /F to rid aGreenbook/FGB.shtm 4. Florida Department of Transportation Surveying Procedure httr): / /www2.dot.state.fl. us /r)roceduraIdocuments /procedures /bin/550030101 5. Florida Department of Transportation Drainage Manual http: / /www. dot. state. fl. us /rddesion /dr /files /2017Drainaae Manual.pdf 6. MUTCD http: / /mutcd.fhwa.dot.gov/ 7. American Disabilities Act http: / /www2.dot.state.fl. us /proceduraldocuments /procedures /bin/625020015 8. Florida Department of Transportation Flexible Pavement Design Manual http: / /www. dot. state. fl. us/ pavementmanagement /PUBLICATIONS.shtm 9. Florida Statutes http: / /www.leg.state.f1. us/ Statutes /index.cfm ?Mode = View %20Statutes &Sub menu =1 & Tab = statutes &CFID = 14677574 &CFTOKEN = 80981948 2.2. The Consultant shall provide Drawings and applicable Technical Specifications for the County's review. The specifications will conform to the most recent version of Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook) standards. 2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to five (5) sets of Construction Documents that have been signed and sealed by the Engineer. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. 2.4 The Consultant shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 2.5 The Consultant's construction documents (plans, specifications, etc) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit 20- requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.6 The County shall be responsible for the timely submittal of all permit application fees. 2.7 At the 60 %, 90% and 100% design phases the Consultant shall provide drawings and other documents which depict the current status of design for the County's review and information. The Consultant shall provide an estimate of anticipated construction costs and construction schedule. 2.8 At the 90% design phase, Consultant will perform FDOT Electronic Review Comments (ERC) plan review for the project and address all applicable comments to FDOT satisfaction. 2.9 As needed, the Engineer will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Environmental Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 3.2 Specifications — specifications will conform to the most recent version of the Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook). Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.3 Schedules — Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. 4.0 CONSTRUCTION COST Contemporaneously with the submission of the Design, the Consultant shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. 21- 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Consultant and the sub - consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility of the County. 5.0 CONSTRUCTION PHASE 5.1 The Consultant shall review and approve or take other appropriate action upon Contractor's Shop Drawings submittals for prefabricated elements to be placed permanently in the structure but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. 5.2 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. 5.3 The Consultant must reimburse the County for any "added costs" paid by the County for additional construction costs that were incurred as a direct result of any error, omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency, or conflict in the work project. The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the project or would have been incurred had no error, omission, or deficiency occurred, and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of documentation or physical inspection of the site by the Consultant. 5.4 The Consultant shall furnish to the County, upon project completion, the following: 2 sets of 11" X 17" signed and sealed Record Drawings • 2 sets of final documentation 22_ • 1 set of final as built CADD files on CD The Consultant's Engineer of Record in responsible charge of the project's design shall professionally endorse (signed and sealed and certified) the record prints, the special provisions and all reference and support documents. 5.5 The Consultant will attend the pre- construction meeting and as needed, attend the periodic construction progress meetings. REMAINDER OF PAGE LEFT BLANK 23- ATTACHMENT B CONSULTANT PROPOSAL INCLUDING COST -)4- E ^ or , 1111111111111111 EAC C--11-j, 1- Apnl 26, 2018 Debra (Debbie) London Project Manager Monroe County 102050 Overseas Hwy, Suite 229 Key Largo, FL Flonda 33037 Re: Engineering Design and Permitting for V Street/Bertha Street (Key West) Roadway Improvement Project Key West, Monroe County Dear Ms. London, EAC Consulting Inc (EAC) is pleased to submit this fee proposal to provide civil engineering services for the above referenced project. Project Understanding It is our understanding that the County requests to have EAC perform milling and resurfacing and pavement reconstruction along t" Street and Bertha Street, which are located in the City of Key West The County has performed assessment on all the roadways that are part of this project using the Pavement Condition Index (PCI) criterion. Our understanding is that the assessment assumes that roadways with a PCI of 50 or greater will require either asphalt overlay or milling and resurfacing while roadways with a PCI of less than 50 will require reconstruction The County also requests services to provide a stormwater management system to meet the water quality and quantity requirements of South Florida Water Management District (SFWMD) and regulatory requirements of the Flonda Department of Environmental Protection (FDEP) This project will receive funding through the FDOT's Small County Outreach Program (SCOP) _ Coordination with the FDOT and a milestone submittal plan at the 90% design phase will be performed via the FDOT electronic review comments (ERC) for this project. Project Limits 1 1" Street from North Roosevelt Boulevard (US -1) to Flagler Avenue 2 Bertha Street from Flagler Avenue to South Roosevelt Boulevard (A1A) Scope of Work Our scope of works will include the following TASK 1 - GENERAL PROJECT TASK Task 1A - Project Management EAC will provide project management services that will consist of contract administration, preparation of invoices, coordination of project staff and other sub consultants, developing and monitonng a project schedule and monitoring project costs. EAC will coordinate a project kick -off meeting with Monroe County and its sub consultants within two (2) weeks after receiving a notice -to- proceed The purpose of these meetings will be to initiate the project, which includes re- verifying project goals, identifying project communication protocols, collecting existing project data and establishing invoice procedures 5p/SQ q� tIC � •r(t/1N l�q INC S�itTC Len NIONI C� i�, iM in5 �n5 5 /n.n l:.11. I 7'_ E A ^ r-'& 0 & ` = " EAC Con —lUng, Inc. Task 1 B - Meetings EAC will attend a maximum of four (4) coordination meetings with the County In addition, EAC will meet with the permitting agencies to identify permit requirements for the project and discuss other pertinent project related issues Task 1C — QA/QC EAC implements thorough QAJQC to confirm their deliverables meet the applicable standards and codes Task 1 D — Public Outreach Support EAC will provide public outreach support to the County by attending two (2) public meetings, answering technical questions and providing exhibits. The County will lead the public outreach efforts by informing the public and stakeholders, such as the FOOT and the City of Key West, that will impacted by the project improvements and establishing the meeting times and place TASK 2 — PRE - DESIGN SERVICES Task 2A - Field Visits EAC will schedule field visits to familiarize the project team with the conditions and any physical limitations of the site that may exist. determine and assess the proposed scope of works for each street, meet with maintenance personnel who have insight and intrinsic knowledge of the project area and perform a final on -site check with developed plans Field visits will also be performed to verify PCI information provided by the County Task 2B - Topographical Survey and Mapping EAC will retain the services of Longitude Surveyors, LLC (LS) to perform a topographical and boundary survey within the roadways listed under `Project Limits' above The survey will be limited to topographical information within the right of way Elevations will refer to the Norther American Vertical Datum (NAVD) 1988 Signed and sealed surveys will be provided to the County This task will be used to determine it the current pavement elevations meet the required sea level rise elevation applicable to the project limits Task 2C — Horizontal Utility Designation and Test Holes EAC will retain the services of Longitude Surveyors. LLC (LS) to perform designation and up to 35 test holes on areas selected for the installation of new drainage structures and pipes Designation will locate the presence of utilities horizontally by utilizing geophysical equipment and test holes will be used to confirm the vertical location of these facilities This information will be provided in the construction documents to avoid utility conflicts that may occur with the proposed stormwater management systems and existing utilities In addition, depending on the results of this investigation. EAC will either find alternate locations for the drainage system, indicate utilities that may require relocation or indicate how the conflicting utilities can be accommodated. Task 2D - Geotechnical Investigations EAC will retain the services of Professional Service Industries, Inc. (PSI) to perform geotechnical investigations These services will include a total of 16 SPT borings to determine the asphalt and limerock thickness as well as the materials contained with the subgrade and beyond The services also include five (5) percolation tests to a depth of 15 feet to determine the hydraulic conductivities Samples of materials will be tested for corrosion parameters (pH, chlorides, sulfate and resistivity) and will be used to analyze and select culvert materials based on service life per the FDOT culvert service fife criteria 5059 BLUE LAGOON DRIVE SUITE 410 - MIAMI. FL 33124 305.265.5400 ud� 26- E ^ P-' Ar-&` EAC Con;ulUng, Inc. A Reasonable Assurance Report (RAR) will be performed and include one (1) SPT boring!well to depth of approximately 100 feet in the area of the proposed stormwater injection well(s) This SPT boring is in addition to the 16 SPT borings mentioned in the previous paragraph Task 2E - Environmental Investigations EAC will retain the services of Sandra Walters Consultants, Inc. (SWC) to perform contamination assessment and environmental agency coordination services Task 2F - Utility Coordination EAC will retain the services of F.R_ Aleman & Associates, Inc. (FRA) to determine the utility owners that have facilities within the project limits FRA will prepare correspondences to each utility owner identified to request specific as -built information on these utilities, including their location, size and material of construction if available EAC will use this information to develop the construction plans for this project. Once the milestone submittal (60% CDs) that shows the location and extent of the work being proposed has been determined, EAC will correspond with utility owners again to ensure that they, 1) have knowledge of the proposed work and its potential impacts to their utilities and 2) make arrangements to have the UAOs relocate their utilities, if necessary Once the final (90% CDs) construction plans have been developed, EAC will coordinate with utility owners one final time to ensure that they are fully aware of the proposed work that will be associated with upcoming construction activities Task 2G - Data Collection and Review EAC will review all the records available from the County associated with 1" StreeVBertha Street, including the PCI report, as -built drawings and logs of complaints from residents regarding roadway and or drainage issues In addition. EAC will review the topographic survey and geotechmcal reports and incorporate the findings of these investigations Into the construction documents Task 2H - Sea Level Rise Analysis (Optional Service) EAC will retain the services of GIT Consulting, LLC (GIT) to analyze and review available data from the County for sea level rise (SLR) A recommended minimum proposed edge of pavement (EOP) elevation will be provided to the County from this analysis The roadway will be reconstructed to meet this elevation or as close as practical given any site constraints TASK 3 DESIGN SERVICES EAC will perform the following as part of the analysis and design of the corridor to develop design plans TASK 3A - Roadway Analyses, Design and Plans a Evaluate existing topography and roadway alignment as it relates to sea level rise and PCI records to determine the needed improvements b Typical Section and Details c Roadway plan and profile sheets d Cross sections e Temporary Traffic Control Notes and Details I Summary of verified utilities g- Summary of quantities h Supplemental Specifications (FDOT) 5059 BLUE LAGOON DRIVE SUITE 410 MIAMI. FL 33126 305 205 5400 U_ ?/- EAC Con— Iting, Inc. TASK 36 (1) — Drainage Analyses, Design and Plans a. Analyze the existing conditions, such as review existing drainage patterns and review locations of existing outfalls and /or drainage wells and the current performance of the existing gravity stormwater management system. b. Review and coordinate with the County of any problematic areas that experience ponding c. Provide an opinion of the existing conditions of the stormwater management system d. Determine whether or not the existing gravity system connecting to the existing outfalls is viable • If not, provide an alternate drainage outfall approach such as providing a stormwater pump station, which will replace or supplement portions of the existing gravity system - • Provide documentation in the form of a drainage report e. Preliminary Drainage Map • Analyze drainage sub - basins and inlet locations • Maintain the existing drainage flow patterns f Design of Stormwater Management Systems which include the following: • Inlets • Conveyance system • Water quality treatment • Stormwater infection well(s) g. Summary of drainage structure table h. Drainage details i. Optional pipe material analysis I. Stormwater Pollution Prevention Plan k_ Erosion Control Plan I_ Drainage documentation report TASK 3B (2) — Stormwater Pump Station — Optional Service This optional task includes the design of a stormwater pump station and the required permitting_ a. Drainage Analysis and Plans • Hydraulic Analyses • Coordination meetings with the pump manufacturer • Coordinate and design Electrical, Structural, Instrumentation & Controls Design elements • Design the connectivity of the gravity stormwater management system to the new stormwater pump station and to the drainage wells • Pump Station Layout as well as Drainage Well and Valve Vault geometry and Details • Calibrating & modeling pumps, wells, natural percolation and contributing area • Temporary Drainage Analysis - Determine interim drainage features during construction • Provide final documentation in the form of a drainage report • Cost Estimate for Stormwater Pump Station & appurtenances • Prepare Specification Package for the pump station • Additional permitting with FDEP and SFWMD b. Electrical EAC will retain the services of Hillers Electrical Engineering, Inc. (HEE) • Includes design coordination meetings with the County and Keys Energy • Includes Engineering Analysis Report for sizing new stormwater pump station system (SWPS) main & secondary electrical service & equipment • Design coordination with Keys Energy for 480V, 3phase Keys Energy electrical service point for new SWPS • Design new 480V, 31 power /control panel, power & control systems for (2) 100 HP submersible pumps, Variable Frequency Drives, conduit & conductors, grounding systems and SCADA / RTU connections points per County Standards 5059 BLUE LAGOON DRIVE SUITE 410 MIAMI. FL 3312E 305.265 5400 20- EAC Consulting, Inc. • Design includes NEMA4X / saltwater resistance installations • Design generator system for the SWPS. Does not include any mechanical or civil design • County shall provide any specific SCADA / RTU equipment / systems design information for the SWPS. HEE shall incorporate any County required equipment / systems information into Contract Documents specific for SW PS • Provide (1) electronic set of plans & specifications & probable cost estimates for 60% & 100% reviews, permits, bid and construction phases_ o Includes Bid & Award support services • Construction services include shop drawing reviews & approvals, Request for Information (RFI) — Responses, (2) periodic site visits during construction and (1) Start- up / Testing site visit. (5) 1 -hour per call -in constniction coordination meetings_ c. Structural EAC will retain the services of BOTAS Engineering, Inc. (ROTAS) • Design all the structural elements for the new precast pump station, valve vault arid concrete pad for electrical equipment • Develop the Structural details • Provide signed and sealed calculations and plans for permitting_ o Review shop drawings of precast elements, rebars and structural materials_ o Responses to RFIs • Inspections TASK 3C — Signing and Pavement Marking Analyses, Design and Plans a. Existing sign inventory b. General Notes c. Upgrade signing and pavement markings per the Manual of Uniform Traffic Control Devices (MUTCD) TASK 4 — Permitting It is assumed that there will be no environmental impacts associated with His project due to the nature of the work being proposed- Permitting will be with the County, SFWMD, and the FDEP_ The following permits are required: a Environmental Resource Permit (ERP) for 1st Street from SFWMD b. Permit modification for Bertha Street from SFWMD c_ Class V Well (stommwater injection wells) from FDEP TASK 5 — Bid and Award & Construction Administration Support It is EAC's understanding the County will conduct the bidding and awarding activities associated with this project with its internal staff. Therefore, EAC will provide bid and award support services in the form of RFI review and responses to prospective bidders_ R is EAC's understanding that the County will hire an independent Construction Engineering and Inspection (CEI) firm to manage and close -out all aspects of this project Therefore, EAC will provide construction administration support services to the County in the form of stop drawing reviews as well as RF1 reviews and responses only In addition, we will participate in weekly progress meetings by teleconference_ 5050 BLUE LAGOON DRIVE SUITE 410 MIAMI. FL 33170 - 305.205 -5400 car I I . I 29- r-4L`M EAC Con- 11ing, Inc. Our fee proposal is summarized as follows Task No. Description Fee Task 1 General Project Tasks - EAC 1A Project Management $23,275 .00 1 B Meetings 1C QA/QC ID Public Outreach Support Task 2 Pre -Design Services 2A Field Visits - EAC $7,800.00 2B Survey — Longitude $38,800.00 2C Test Holes (not to exceed 35) — Longitude $27,125.00 2D Geotechnical - PSI $13,447.85 2E Environmental Investigations - SWC $5,840.00 2F Utility Coordination — FRA $19,610.96 2G Data Collection and Review - EAC $9,500.00 2H Sea Level Rise (Optional Service) - GIT $18,210.00 Task 3 Design Services - EAC 3A Roadway Analyses, Design and Plans $90,250.00 3B (1) Drainage Analyses, Design and Plans $55,125.00 3C Signing and Pavement Marking Analyses, Design and Plans $18,000.00 3B (2) Stormwater Pump Station (Optional Service) — EAC, HEE & BOTAS $86,142.35 Task 4 Permitting $12,500.00 Task 5 Bid and Award & Construction Administration $23,500.00 Reimbursable $2,000.00 Total (not to exceed) excluding Optional Services Task 2H and 313 (2) $346,773.81 Total (rat to exceed) including Optional Services Task 2H and 313 (2) $451,126.16 Deliverables: EAC will provide to the County, upon project completion, the following= • 2 sets of 11 °17' signed and sealed Record Drawings • 1 set of final CADD files on CD EAC will provide the as -built plans in AutoCAD format once the CEI provides the approved red -lined drawings which reflect the as -built conditions_ 5059 BLUE LAGOON DRIVE SUITE 410 MIAMI. FL 33120 305 205.5400 UJIG 1 . I 30- E ^ PF -, Ar-7&= EAC consulting, Inc. The aforementioned scope of services assumes that 1 The upgrades of elements outside of the County s jurisdiction and are under the jurisdiction of the City of Key West are excluded such as sidewalks, curb ramps, dnveways, and on- street parking signage. The design of these elements that are within the City's jurisdiction are not part of this project's scope of services. 2_ Upgrades, such as re- sizing of the existing ouffalls outside the project limits is not within this project's scope of services. 3. Drainage profiles are excluded since information for the stormwater management system will be provided in the Summary of Drainage Structures. 4. The contractor will be responsible for creating his/her own Maintenance of Traffic Plans based on their means and methods and sequencing of construction activities. They will be solely responsible to obtain all approvals from applicable agencies prior to construction. Information will be provided on the plans that references this requirement_ 5 The County will utilize the FDOT specifications for this project- 6 Permitting agencies are limited to the County, SFWMD, and FDEP only 7 No utility relocation design is included in this proposal 8 No Construction Administration Services or Bidding and Award Services beyond those mentioned above are included in this proposal. 9. No Right of Way modifications are required. 10- Anticipated permitting fees have been included as part of the rercnbursables contained in this proposal. In the event that permit and reimbursables exceeds the budgeted amounts, then the County will approve a supplemental to reimburse EAC for additional direct expenses Sincerely, EAC Consulting, Inc. ban "( nny) Greenberg, P.E Project Manager cc File, Rick Crooks, P E - EAC, Rodney C Devera, P.E. - EAC and Jazmin Cruz - EAC 5 950 BLUE LAGOON DRIVE SUITE 410 MIAMI. FL 33126 305.265.5400 Udl. I I 31- EACCONS -01 DLONG ,4co CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DDIYYYY) 04/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C CT Ames & Gough A No, Et): (703) 827 -2277 FAX N,) :(703) 827 -2279 8300 Greensboro Drive Suite 980 ass: admln@amosgough.com McLean, VA 22102 INSURED EAC Consulting, Inc. 5959 Blue Lagoon Drive Suite 410 Miami, FL 33126 INSURER F : Hartford Underwriters Insurance Comoanv A+ Insurance P`f 11COAnce f'CDTiCIP ATC WI IIUOCD• DC \ /ICIrIIJ NIIMRCD- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rX] OCCUR Contractual Llab. 4 2UUNNI2075 K M AGE I WAI /AA YES 04/22/2018 NT 04122/2019 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED 800,000 X MED EXP ( Any one p erson) 10,000 PERSONAL 8 ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY E jref F LOC OTHER: GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2.000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AAUUTNOSWNE AUTOS ONLY AUTO ONL� 4 2UUNNI2075 04/22/2018 04/2212019 COMBINED SINGLE LIMIT (Ea acci en') 1,000,000 BODILY INJURY Per person) $ B INJURY Per accident Peacadent AGE C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 2XHUN10417 04122/2018 04/22/2019 EACH OCCURRENCE $ 2,000'000 AGGREGATE 21000,000 DIE I X I RETENTION$ 10,000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE PMand Rory in NH) EXCLUDED? Y es, describe under DESCRIPTION OF OPERATIONS below U N I A PSW0003090 04/22/2018 04/22/2019 X PER OTH E.L. EACH ACCIDENT 1,000,000 LO E.L. DISEASE - EA EMPYE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 E Professional Liab. 27015056 04/22/2018 04/22/2019 Per Claim /Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached If more space is re RE: EAC Project No. 17078.HW01 -00 — Monroe County RFQ -13 -0 -2017 - Professional Services for Engineering Design and Permitting for the 1st Street/Bertha Street (Key West) Roadway Improvement Project Monroe County BOCC is included as additional insured with respects to General Liability and Auto Liability when required by written contract. General Liability and Auto Liability policy includes a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. ­^ATr ­2 - f`A\If•CI 1 ATIn Kl ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD