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Item C03C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting September 19, 2018 Agenda Item Number: C.3 Agenda Item Summary #4616 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453 -8754 N/A AGENDA ITEM WORDING: Approval of a contract with WSP USA Inc., for Construction Engineering and Inspection Services (CEI) for the Pigeon Key Ramp Rehabilitation Project in the maximum not to exceed amount of $283,248.90. The CEI services and construction for the project is funded through a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT). ITEM BACKGROUND: The County requires CEI services for the Pigeon Key Ramp Rehabilitation construction project. The plans and specifications are complete and FDOT has issued a Notice to Proceed for construction bids. The Pigeon Key Ramp project has been advertised for construction and bids are due in the end of October. The Pigeon Key Ramp (FDOT bridge 4 904480) was built in 1938 and is a contributing resource to the National Register of Historic Places (NRHP) listed Pigeon Key Historic District. The ramp connects the Old Seven Mile Bridge to Pigeon Key, providing the primary access to and from the island. The ramp has deteriorated and requires substantial rehabilitation. The ramp replacement construction plans maintain the overall appearance and basic design of the original structure. In February of 2017, the Monroe County Planning Department provided Historic Preservation Resolution HP5 -17, approving a special certificate of appropriateness to rehabilitate and substantially replace the Pigeon Key Ramp. In March of 2017, the Florida State Historic Preservation Officer provided a no adverse effect concurrence for the rehabilitation of the Pigeon Key Ramp. In March of 2014, the BOCC entered into an agreement with the FDOT for repairs to the Old Seven Mile Bridge 2.2 mile segment that connects Knights Key to Pigeon Key. These repairs are in progress. PREVIOUS RELEVANT BOCC ACTION: July 18, 2018 — the BOCC approved negotiations with WSP USA, Inc., the highest ranked respondent for Construction Engineering and Inspection Services for the Pigeon Key Ramp Rehabilitation Project. January 17, 2018 — the BOCC approved a LAP agreement with the FDOT in the amount of $2,075,000.00 to include construction and construction engineering and inspection services for the Pigeon Key Ramp Rehabilitation Project. July 20, 2016 — the BOCC approved Amendment 1 for a lead survey to the contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the Pigeon Key Ramp Rehabilitation Project and the transfer of funds between tasks resulting in no increase to the contract. April 15, 2015 — the BOCC approved a contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the Pigeon Key Ramp Rehabilitation Project in the amount of $205,959.71. April 15, 2015 — the BOCC approved a Supplemental LAP agreement with FDOT in the amount of $86,447.71 to increase the grant funds allocated to the project due to enhanced design requirements by FHWA /FDOT. February 18, 2015 — the BOCC approved negotiations for a contract with Metric Engineering, Inc. for Engineering Design and Permitting Services for the Pigeon Key Ramp Rehabilitation Project. October 17, 2014 — the BOCC approved a Local Agency Program (LAP) agreement with the Florida Department of Transportation (FDOT) for grant funds in the amount of $100,000 for engineering design and permitting services for the ramp from Old Seven Mile Bridge to Pigeon Key Island. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve contract for CEI services with WSP, USA Inc. DOCUMENTATION: WSP Pigeon Key Ramp Contract with CL stamp FDOT Concurrence to award CEI FINANCIAL IMPACT: Effective Date: September 19,2018 Expiration Date: 30 days after final completion and approval of FDOT LAP agreement closeout. Total Dollar Value of Contract: $283,248.90 Total Cost to County: $283,248.90 Current Year Portion: $0 Budgeted: yes Source of Funds: 125 - 22551 - 530490 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: $225,000 CEI portion of LAP Agreement County Match: $58,248.90 Insurance Required: yes Additional Details: FDOT LAP Agreement 09/19/18 125 -22551 - PGN KEY FERRY RMP RPR DE $283,248.90 REVIEWED BY: Judith Clarke Completed 08/29/2018 8:28 AM Christine Limbert Completed 08/30/2018 5:15 PM Budget and Finance Completed 08/31/2018 8:11 AM Maria Slavik Completed 08/31/2018 8:44 AM Kathy Peters Completed 08/31/2018 9:48 AM Board of County Commissioners Pending 09/19/2018 9:00 AM AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE PIGEON KEY RAMP PROJECT This Agreement ( "Agreement ") made and entered into this 19th day of September, 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 "), /_lRi7 WSP USA Inc., a foreign corporation of the State of New York, whose address is 7650 Corporate Center Drive, Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT construction engineering and inspection (CEI) services for the Pigeon Key Ramp Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing construction engineering and inspection (CEI) services for the the Pigeon Key Ramp 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. ..1 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. CL 1.1.8 The CONSULTANT shall complete the scope of services no later than Thirty (30) days after Final Completion of the Pigeon Key Ramp Project by the contractor. J ARTICLE II _ SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A and B. 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 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- 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: Mr. Ronald Colas, PE, SI WSP USA, Inc. 7650 Corporate Center Drive, Suite 300 Miami, Florida 33126 ARTICLE III tu ADDITIONAL SERVICES C CL CL 3.1 Additional services are services not included in the Scope of Basic Services. Should the CL 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. FDOT will not fund additional services other than the scope as set forth in Basic Scope of Services. Any additional services must be funded and CL approved by the Board of County Commissioners. 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 -3- 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 CL COUNTY /Monroe County and Monroe County Board of County Commissioners, its CL officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, CL recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the C ONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall CL 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 SE 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. 5.6 FDOT INDEMNIFICATION To the fullest extent permitted by law, the 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 CONSULANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (COUNTY) Agency's sovereign immunity." 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 COMPENSATION BASED ON SPECIFIED RATES CL 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the hourly rates or test rates outlined in Attachment B. The Total Estimated Not to Exceed Amount of Two Hundred _ Eighty Three Thousand Two Hundred Forty Eight Dollars and Ninety Cents ($283,248.90) apply to this Agreement. Personnel Estimated hours Loaded Hourly Rate Total Estimated Classification Dollar A moun t Senior Project 330 $223.53 $73,764.90 Engineer . ..... .. . .. ... CEI Project _... .. .. 825 — $107.34 $88,555.50 Administrator /Resident Complian S pecialist [ CEI Senior Inspector 1237.50 (' $97.72 $120,9 Total Estimated Not To Exceed Amount $283,248.90 -5- 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The 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; CL 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 0 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 CL injuries to members of the public or damage to property of others arising out of any CL covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and CL Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000 per Person, $500,000 per Ocurrence, $200,000 Property Damage or $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. Engineer's Errors and Omissions 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 and FDOT shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. ..7r 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 and FDOT as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and CL may be reproduced and copied without acknowledgement or permission of the CONSULTANT. CL 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 CL 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. ell 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. M 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. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for > convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the C CL OUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CL CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining CL in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and Attachments A, B, C, D, E and F, 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 W1 a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether 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 years from the C CL CL final payment or termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of CL each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the fial payment or 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 16th 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. -10- 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 CL 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. r 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 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. -11- 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 CL to: 1) Title VII 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 CL 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 14, Article ll, 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. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix Il, ¶ C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during -12- employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The CONSULTANT will send to each labor union or representative of workers > with which it has a collective bargaining agreement or other contract or CL understanding, a notice to be provided by the agency contracting officer, CL advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, CL 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. J 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT'S non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September -13- 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 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. 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 C CL provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this CL 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. CL 9.21 PUBLIC ACCESS. Public Records Compliance. CONSULTANT 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 CONSULTANT 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 CONSULTANT in conjunction with this contract and related to contract performance. The County shall have CL the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT . Failure of the CONSULTANT 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. CL The CONSULTANT is encouraged to consult with its advisors about Florida Public Records CL Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: -14- (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT 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 CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT 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 CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, CL CL notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT . A CONSULTANT who fails to provide the CL 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. J The CONSULTANT 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 CONSULTANT HAS OUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORID STATUTES TO THE CONSULTANT 'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODI 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 ''NEST FL 33040. -15- 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. CL 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. _ CL 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 fee and any additions thereto shall -16- be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY- 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 CL C CL OUNTY 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 CL pursuant to this Agreement. For specific instructions, refer to FDOT form 275 - 030 -11. 9.30 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR /CONSULTANT and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended including but not limited to: 9.30.1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § §7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § §1251 -1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 9.30.2 Davis -Bacon Act as amended (40 U.S.C. § §3141- 3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. § §3141 -3144, and § §3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards -17- Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. CL T CL he prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract CL clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.30 .3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, -18- hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.30.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.30.5 Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 9.30.6 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.30.7 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier CL above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award _ covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 9.30.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. -19- Other Federal Requirements: 9.30.9 Americans with Disabilities Act of 1990 (ADA) — The CONTRACTOR will comply with all the requirements as imposed by the ADA, as amended, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.30.10 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 CONTRACTOR 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, including but not limited to 2 C.F.R. §200.321. The COUNTY and the CONTRACTOR 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. CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN`S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; C CL CL ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; CL iii. Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as—appropriate of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 9.30.11 The Contractor 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 Contractor during the term of the Contract and shall expressly require any subcontractors 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 subcontractor during the Contract term. 9.30.12 The CONTRACTOR is bound by the terms and conditions of the Federally- Funded Subaward and Grant Agreement between COUNTY and the FDOT. -20- 9.31 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. e). The CONSULTANT and all sub - consultants agree to utilize the U.S Department of OL H CL omeland 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. CL f). 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 Agreement is included as Attachment D. g). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29.10, Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will utilize the FDOT Equal Opportunity Compliance (EOC) web based application 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 CL Bidder Opportunity List, DBE Commitments, and DBE Subpayments. The Prime Contractor /Consultant is responsible for DBE reporting on Construction, Maintenance, Professional Services and Local agency contracts. FDOT has a race neutral program with an 10.65% goal. For specific instructions, refer to FDOT form 275 - 030 -11. Attachment E. The Bid Opportunity list form is required and included in Attachment F. h). The CONSULTANT will complete and submit the most current version of the following FDOT forms included in Attachment F: -21- 375-030-30 Truth in Nnotaflon Certification 375-030-50 Conflict of Interest Certification S75-03 Certification Regarding Debarment, - spens — 1ne1 - 1gi – ill t'y — and V Exclusion for Federal Aid Contracts 375-030-13 Certification for Disclosure of Lobo in Activities on Federal Aid Contracts 37 Standard Form-LLL,_QiqcIosure of Lobbyin Activities (if roqt&pd) 375-040-62 . g Bid D000rtunitv List – (also entered in FnnT FnrRVAfPMI 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. nand4ea in arcorciance math t-14 I Procedure 11o. 36#-0144-t-01 Procedure. defi�r ns of allowable costs. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its d* authorized representative an the day and year first above written. (SEAL) Attesti Kevin Madak, Clerk I y ® Deputy Clerk Date. END OF AGREEMENT Mayor/Chairman N W CO n O a m D O m y ai CA = F) m N z M - i n n m CO [1 r� r 1 - ., r r r + r r r .' r • ►1 , r r . r r. '. r SCOPE OF WORK 1.0 The Consultant shall provide Construction Engineering and Inspection Services for the Pigeon Key Ramp Project. The project consists of the rehabilitation and substantial replacement of the 23 span timber, concrete and steel structure ramp bridge. Work includes maintaining environmental controls and maintenance of traffic.(FDOT work group type 10 : 10.3; 10.4 minimum). 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. 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. Milestone Dates (may be approximate RFQ Advertisement April 20, 2018 Deadline for Questions (10 or more days prior to opening) May 13, 2018 RFQ Due Date May 23, 2018 Selection Committee Ranking Meeting June 11, 2018 County Commission Agenda to Approve Negotiations July 18, 2018 Contract Negotiations (not to exceed 30 days) July 27, 2018 Notice of Award August 17, 2018 County Commission Agenda to Approve Agreement September 19, 2018 2.0 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 -24- Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two 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. Construction Contract Estimate Bid Date Start Date Duration 9/30/2018 10/22/2018 270 days 3.0 DEFINITIONS A. Resident En_ inset The Engineer assigned to a particular Project or area to administer Construction Contracts for the County. B. Construction Pro ect Manage r: 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 CL 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 one or more Construction Projects. H. Contractor The individual, firm, or company contracting with the County for performance of work or furnishing of materials. -25- 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. CPAM Florida Department of Transportation, Construction Project Administration manual; latest. K. Department Florida Department of Transportation F.D.O.T. Florida Department of Transportation. M. County: Monroe County Board of County Commissioners. 4.0 RE QUIREMENTS : 4.1 General 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 CL CL 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 CL deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for County action or direction. J 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 -26- construction project; and (3) perform incidental engineering surveys. The Senior Project Engineer will establish the specific survey requirements for each project prior to construction. 4.3 4.4 Any questions or requests for "Waiver of Survey" should be directed to the Senior Project Engineer. 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. .. . 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 MAC system database using written instructions provided by the Department. The Consultant will review and approve contractor samples in FDOT's MAC 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. -27- 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. 4.5 Eng,ineerinq 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 proceedings of the pre- construction meeting and distribute copies of this summary to the participants and other interested parties within seven 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. CL 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. -28- (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 Engineering 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 (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 the Consultant's computer. Copies of photographs will be electronically transferred to the County at an interval determined by the Senior Project Engineer and the Construction Project Manager. 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. -29- (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 All applicable documents referenced herein shall be a condition of this Agreement. 62 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 E ui ment: The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those -30- 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. 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 CL activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project CL Manager in order for the Construction Project Manager to oversee the Consultant's performance. J 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. 8.0 PERSONNEL 8.1 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 -31- overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Specialist. 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 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 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. EL E CL xceptions to these minimum qualifications will be considered on an individual basis. The County Engineer or designee will have the final approval authority. CL 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 engineering administration and inspection program; plans and organizes the work of CL 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. -32- Certifications None u 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 CL 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 CL 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 CL Final Estimates Level II Certifications None Other Attend CTQP Quality Control Manager Course and pass the examination. u A Master's Degree in Engineering may be substituted for one (1) year of engineering experience. CEI CONTRACT SUPPORT SPECIALI - A Civil Engineering Degree or High School diploma or equivalent and four (4) years of road & bridge construction C CL engineering inspection (CEI) experience having performed /assisted in project CL related duties (i.e., progress and final estimates, EEO compliance, processing `L Construction Contract changes, etc.) or a Civil Engineering degree. Should exercise CL 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. u CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High school graduate or equivalent plus four years of experience in construction inspection, two years of which shall have been in bridge and /or roadway construction inspection. CL 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 -33- 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 year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one 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 CL CL all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. CL 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. 9.0 QUALITY ASSURANCE {QAJ 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 month after the review. -34- On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an initial QA review within the first two months of the start of construction. 9.2 A 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 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 Revi The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. 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. 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 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 -35- 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 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 Engineering Services 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. 11.0 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. SUBCONSULTANT SERVICES Upon written approval by the Construction performance of work, the Consultant may testing, or specialized professional services. Project Manager and the County, and prior to subcontract for engineering surveys, materials 12.0 OTHER SERVICES Upon written authorization by the Director of Engineering Services 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 -36- Agreement. 13.0 14.0 15.0 16.0 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. 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. 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. 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. 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, as authorized in Section 9.1 herein. -37- ATTACHMENT B HOURLY RATES CEI Seivices for Pigeon Key R2mp ZNZEEARNRE� s 110,415,69 2 5 3, FA5 1 488.78 e5'tr 133 88 17A"30 1146706 If WSP Contract Rate Multiplier: 2.73 1 -38- 0% 10642% 38% 0.471%_, 11-05% HOURS I RATES DIRECT LABOR HIRLY BILL 4Q I AL HASLU PERSONNEL GLASSIFICATIONS RATE BILL RATES SR PROJECT ENGINEER - Pam Chakkaphak 330,00 $ 81 88 $ 27,020.40 $ 223-53 $ 73,76490 CED PROJECT ADN KIST RATOR I ROE - JOrd2R 321inW 825-00 3932 5 32,439,00 $ 10734 5 88,55550 CEi SENIOR INSPECTOR - M2h F2hs 123750 3581 $ 44,314,80 $ 9772 $ 120,926.50 s 110,415,69 2 5 3, FA5 1 488.78 e5'tr 133 88 17A"30 1146706 If WSP Contract Rate Multiplier: 2.73 1 -38- 0% 10642% 38% 0.471%_, 11-05% D m z v w 0 v 0 1 cn a z -n v �o- v -n A ;a mc4m cn z (j) --I E) 0 z� GO r� m n m cn a G) X m m 9 m z [1 r r ., r r r + r r r .' r • ►1 , r r . r r. '. r IM& MEMO M-1 LOCAL AGENCY PROGRAM FEDERAL -AID TERMS 375 -04044 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT 0015 Page I M 3 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 B of the Regulations. E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. 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 pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or 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 Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Transit Administration, Federal Aviation Administration, and/or 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 and/or 2. cancellation, termination or suspension of the contract, in whole or in part. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through 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 Depariment of Transportation, Federal High Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance, In the event a Consultant becomes involved in, or is threatened with, litigation with a 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 stat, 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 &C § 4601), (prohibits unfair treatment -40- LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375440 -N EM For PROFESSIONAL PROGRAM MANAGEM SERVICES CONTRACTS 0 06 PW,. 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 seq.), (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 11 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.0 §§ 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. K 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, 109 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-04G-64 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMEM OVIS P.g. 3.13 L.�, I - F-Tir. rm R The Consultant hereby certifies that it has not: I -42- 11 w n O z N CD n-1 =i -I z D� �m D z O� �v m m 3 m z [1 r� r �� ., r r r r + r r r .' r • ►1 � , r r . r r. '. r STAIL OF RAMIDAULPAMMW OV TRAN6MRIAl ION 525-010W LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANArEMEW QW_ 07ti 7 Pam I .(Is FPN: 4 36566-1 FPN: Federal No Federal No Federal Award Date: Federal Award Data: ... . ......... Fund: Fund: Org Co� . ......... Org Code: FLAIR Approp: FLAIR Approp: TM • Q R __ aW_1liKiE],EU County NoigQ Contract Local Agency Vendor No: 596000749114 Local Agency DUNS No: 0'738767757 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS LOC L AGrCY PROGRAM AGREEMENT C'AgreemenV'), is made and entered into on �_l lb, P 1 2-0 between the State of Florida, Department of Transportation, an agency J_ (This a to be entered by DOT only) of the State • Florida ("Department"), and Monme County ('Agency'). NOW. THEREFORE, In consideration of the mutual covenants, promises and representations in this Agreement, thL parties agree as follows: 1. Authority. The Agency, by Resolution No.. 009 A01 6 dated 9 a copy (TNs date to be an4ared by'00'r only I of which is attached as Exhibit 'F' and made a part of this Agreamenk has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section 339.12. Florida Statutes, to enter into this Agreement. 3. Term of Agreement, The Agency agrees to complete the Project on or before 6J3012019. lftheAgeneydoes IMAM ASPEIRME2111 PDUF tu ine eXpirluoul OT MIS ^yFeenIFV1t. _a&kpIFaUQn Of MIS AgreOF"UH1 Will Ue conswerea ferminanOn OT Ine Project The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department 4. Project Cost: 9 - 111-ifflUl 11 III &�i-Mrw 112;1 111-M Al M1411 I If" I C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: I. Legislative approval • the Departmetirs appropriation request in the work program year that the Project Is scheduled to be committed; I Me STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 0FC- 07?17 P.R. 2 ui 15 —45— III. Approval of all plans, specifications, contracts or other obligating documents and all other terms E of this Agreement and iv. Department approval of the Project scope and budget at the time appropriation authority becomes available 5. Requisitions and Payments: 0 W A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables- Each deliverable CL must specify the required minimum level of service to be performed and the criteria for evaluating L_ successful completion- The Project and the quantifiable, measurable, and verifiable units of deliverables 0 4- are described more fully in Exhibit "A"- B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre-audit and post-audit based an the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A" Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments CL C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be bome by the Agency or its contractor and subcontractors Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs- All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges- 0 D. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum level of service to be performed based on 4- the criteria for evaluating successful completion as specified in Exhibit "A" was met- 0 E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's > 0 Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112061, Florida CL Statutes and the most current version of the Disbursement Handbook for Employees and Managers- CL F. Payment shall be made only after receipt and approval of goods and services unless advance payments CL are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida E Statutes- If the Department determines that the performance of the Agency is unsatisfactory, the tes Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department- The Agency shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non - performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance- If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount- The retainage shall be applied to the invoice for the then-current billing period- The retainage shall be withheld until the Agency resolves the deficiency- If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period- If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the 0 0 end of the Agreement's term- CL E G. Agencies providing goods and services to the Department should be aware of the following time frames tes Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice- The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved- 0 W If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(f), F.S., will be due and payable, in addition to the invoice amount, to the Agency- Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. CL —45— STATE OF FLORIDA 0EPARFMENr OF TRANSPOR9' *14 525-GI640 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 07M? P.g. 3 & 05 0 to" . - 0 _;W TtWAWVW UMEMWUM7 n the payment- The invoice payment requirements do not start until a properly completed invoice is #rovicled to the Department. -46- M L. The Department's performance and obligation to pay under this Agreement is contingent upon an annual E appropriation by the Legislature- If the Department's funding for this Project is in multiple fiscal years, funds approval from the Departmerift Comptroller must be received each fiscal year prior to costs being incurred- See Exhibit "B" for funding levels by fiscal year- Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received- The Department will notify the Agency. in writing, when funds are available- M. In the event this Agreement is in excess • $25,000 and has a term for a period of more than one year, the provisions of Section 339-135(6)(a), Florida Statutes, are hereby incorporated XV, -46- STATE IT FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC- 07117 Page 4 of 15 6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honE requests for reimbursement to the Agency pursuant to this Agreement- However, notwithstanding any other provision this Agreement, the Department may elect by notice in writing not to make a payment if� I H (Witrolms Z'JX�10A 11I IRA I It'd a IV; I"I I a 0 0 110 1 NIT&W. 11� , , (611frff tt I " I I i i -V I i I fflo the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit 'B" for the Project, costs agreed to be borne by the Agency or its contractor's and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department- Agreement- Time is of the essence as to each and every obligation under this Agreement- and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perforrn the following duties and functions I M1159 STATE OF FLORIDA DEPAPTMENT OF TRANSPORT AT!Ohl 526 -01040 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT 0 GC- OTY17 P.9. 5 M 15 vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency anif consultant staff at all stages of the Project. I A. For any project requiring additional right-of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project- Activities shall be reported on a federal fiscal year basis, from October 1 through September 30 The report must be prepared using the format prescribed in 49 C-F R- Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year -48- .STATE «F FLORIDA DEPARTMENT OF TRANSPORTAMN 52"101 4p LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT GGC-07' V P.G. 6 f 15 S. Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department- The following requirements do not limit the cuthority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or a V 1-1-70- 111, Pi In the event the Agency expends a total amount of federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 0 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a federal single or program- M specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A- 4-- 0 133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after > December 26, 2014 Exhibit "I", Federal Financial Assistance (Single Audit Act) to this 0 Agreement provides the required federal award identification information needed by the Agency rL to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before rL < December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014 In determining federal awards rL expended in a fiscal year, the Agency must consider ail sources of federal awards based on when E the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement- The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014 An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-1 33, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part- !I. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133. for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014- iii. In the event the Agency expends less than the threshold established by OMB Circular A-1 33, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards, the Agency is exempt from federal audit requirements for that fiscal year However, the Agency must provide a single audit exemption statement to the Department at F-D( IeAuLlitire ,*kstme fl usi no later than nine months after the end • the Agency's audit -49- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52M IDAD LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MAIMvV MENT 1 11 1nf_ Q7117 Page 7 of 15 Within six months of acceptance of the audit report by the FAC, the Department will review the C. 0 Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether bmely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement- If 4._ 0 the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 20 and in accordance with 2 CFR Part 200, Subpart F — > Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department 0 may impose additional conditions to remedy noncompliance- If the Department determines that rL noncompliance cannot be remedied by imposing additional conditions, the Department may take rL < appropriate actions to enforce compliance, which actions may include but not be limited to the follMwing: rL E 1 Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department, 2- Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance 3- Wholly or partly suspend or terminate the federal award 4 Initiate suspension or debarment proceedings as authorized under 2 C-F-R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the federal awarding agency); 5- Withhold further federal awards for the Project or program 6- Take other remedies that may be legally available- 0 vi. As a condition of receiving this federal award, the Agency shall permit the Departmen or designee, the CFO or State of Florida Auditor General access to Agency's records in t ILIcli ; financial statements, the independent auditor's working papers and project records as necessa Records related to unresolved audit findings, appeals or litigation shall be retained until the actill. is complete or the dispute is resolved- -50- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0 IG40 RAM G MA LOCAL AGENCY PROGRAM AGREEMENT PRO OGC— 0NAGEMENT 7117 Page a V Is T11 1, 1 1 11ill 10 1 1 1 Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 ,, raw 11 us ........... - C. The Agency shall retain sufficient records demonstrating its compliance with the terrns of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request- The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing ♦ the Department 9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or PW • the Department requires such termination- A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice- Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.13 below, or (2) take whatever action is deemed appropriate • the Department to correct the deficiency- In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency- I 9 - ' ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0iG40 MAN AGFMENT AM LOCAL AGENCY PROGRAM AGREEMENT PROGR 0GC_ 07117 P.M, 9 d45 10. Contracts of the Agency: A. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department- Failure to obtain such approval shall be sufficient cause for nonpayment by the Department- The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor- It is understood and agreed by the parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287 055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 C_F_R 172, and 23 U-S C_ 112. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act and the federal Brooks Act- 11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy • the Department 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 Department funds under this Agreement- The DBE requirements of applicable federal and state laws and regulations apply to this Agreement- vcj 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 Agency and its contractors 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- 12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project- Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions,' in 49 C,F_R_ Part 29, and 2 C_F,R_ Part 200 when applicable- 13. Performance Evaluations: Agencies are evaluated on a project-by- project basis- The evaluations provide information about oversight needs and provide input for the recertification process- Evaluations are submitted to the Agency's person in responsible charge or designee as part of the Project closeout process- The Department provides thd evaluation to the Agency no more than 30 days after final acceptance- A. Each evaluation will result in one of three ratings- A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvementioversight, or the Project was brought ouse by the Department- A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight I -52- STATE OF FLORIDA DEPAR I V EN Y OF TRANSPORTAPON 526-0 i"D LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMEP0 OGC- 07)17 Page 10W 15 T. The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations, 114. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the following provisions: A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U_S_ Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto- The Agency shall include the attached Exhibit "E", Title Vi Assurances in al' contracts with consultants and contractors performing work • the Project that ensure compliance with Title A • the Civil Rights Act of 1964, 49 C-F-R- Part 21, and related statutes and regulations- B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto- D. In accordance with Section 287 134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 a 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 M 1. 0I I I 1 174 MN 1111 WWA. 10,17 J WJ1101MIUMI II W. . I I III I] atom orwo Am I a vil" 1411 01 01 UZ 4193 I U 19 tmt M I 1 WA" 1011 IN I i I I perform work for the construction or repair of a public building or public work on a contract with the rL Agency- E Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project • any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect, If any such present or former member, :t officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement- The Agency shall insert in all contracts entered into in 0 connection with the Project or any property included or planned to be included in any Project, and shall U require its contractors to insert in each of their subcontracts, the following provision rL The provisions of this paragraph shall not be applicable to any agreement between the Agency and rts fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency- -53- STATE OF FLORIDA DEPARTMENT OF TRANSPORTA DON 525-01"0 LOCAL AGENCY PROGRAM AGREEMENT PROGRAMS MANAGEMENT OGC— 07117 paw ti & 15 G. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 15. Indemnification and Insurance: I 16. Miscellaneous Provisions: Ml III UNION 1 -54- STATE OF FLORIDA DEPARTMENT OF TRANSPOR'fAnON 525-01640 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGG- 07;17 P.9. 12 of 15 provision requiring compliance with ail applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U SG 7401-7671q) and the Federal Water Poliultion Control Act as amended (33 U S-C- 1251-1387). B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement- C. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default- '01. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected- In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law- By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financin4_ hereu Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law- If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project- I -55- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 526-01"U LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT ONC- 07M 7 P.p 13 d Is tw 1 aw� I IiYt-y lobbying the Legislature, the judicial branch or a state agency- k. The Agency may not permit the Engineer of Record to perform Construction, Engineering and InspectJ services on the Project. I The Agency agrees to maintain any project not on the State Highway System constructed under tt�Ls Agreement- If the Agency constructs any improvement on Department right-of-way, the Agency F] will not maintain the improvements made for their useful life- M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations- If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under thi; terms of this Agreement. 2 t } `' 0 11 ;9 60 1J��#LQIWAWIIIJIII @LORI - 9. WillisixgliIII13111rJus ii. shall expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S, Department of Homeland Security's E- Verify system to verity the employment eligibility of all new employees hired by the subcontractor during the contract term I -56- t a # 11 #. I -57- STATROF n0 fth DEPAWWW OFTRAMMMY SWN LOCAL AGENCY PROGRAM AGREEMENT MOMAMMA"MmEw IN WITNESS WHEREOF, the ponies have amuted this Agjeemen� an the dqf'�rld yeal wrman abova AGENCY Wrwoe County STATE O F F VO� ' 0 R 14�NT OF TRANSPORTATION � M " '0 IDATEN -58- STATE OF FLORIDA DEPARTMENT OF 7' NSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT 1 FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS. CFDA No.: 20,205 CFDA Title: Highway Planning and Construction Federal-Aid Highway Program, Federal Lands Highway Program CFDA Program Site: Award Amount: $2,075,000.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: Choose an item. 525 -01040 PROGRAM MANAGFMENT 1;15 Pn. 1 oft FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards tAID "MWIN 4�cfr olov" OMB Circular A -133, Audits of States, Local Governments and Non-Profit Organizations hno ew32"w ' ,l OMB Circular A -133 Compliance Supplement 2014 LA-11 ;"j S3 s cui i ic e ";IJ AxIerl �Jjenl -1 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments http //www-whitehouse-.qovlomb/circuiars a087 20041 OMB Circular A -1 02, Grants and Cooperative Agreements with State and Local Governments hlic, ("Owclrnbiurculal a 1 02/ Title 23 — Highways, United States Code h(q) Isis, nfl e hou.","A" Title 49 — Transportation, United States Code Map-21 — Moving Ahead for Progress in the 21' Century, Public Law 112-141 jnVA jk-, Federal Highway Administration — Florida Division h14 (1cm"dw! Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) htk)s 3www Js� gge'd I -59- STATE OF FLORIDA DEPARTMENT OF TRA14SPORTATION 525-,q16-40 NAGEMENT LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA OGC - 0805 paw 1 .1 1 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and PROJECT DESCRIPTION: The Pigeon Key Ramp connects the Florida Department of Transportation's Old Seven M Bridge to Monroe County's Pigeon Key Island- The project consist of the rehabilitation and substantial replacement of t 23 span timber, concrete and steel structure ramp bridge to Pigeon Key Island to accommodate pedestrians, bicycli and an SU2 vehicle in order to conform to FDOT repair standards for the Old Seven Mile Bridge- Work includ maintaining environmental controls and maintenance of traffic- i- The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect tim Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), wheoM applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding acti . the funding action from any other source with respect to the project- I The Agency is required to provide a copy of the design plans for the Department's review and approval to coordin permitting with the Department, and notify the Department prior to commencement of any nght-of-" I ... ........ ..... I - L re ft� eF Te ( , , accordance with the following schedule� a) Study to be completed by n/a b) Design to be completed by 2 28 18 c) Right-of-Way requirements identified and provided to the Department by n/a d) Right-of-Way to be certified by n/a e) Construction contract to be let by 42818 f) Construction to be completed by 6.30 19 If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is gubject to the withdrawal of federal fund SPECIAL CONSIDERATleylS BY DEPARTMENT� Monroe County has LAP Agreement contract # ARQ41 for design the amount of $ 186.447 7 1 - i I DR STATE OF FL DA DEPARTWENT OF 7RANSPORTATION 526 -01 05 LOCAL AGENCY PROGRAM AGREEMENT FROMM WNGEMENT 00C-OW15 P.P 9 .9 1 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 436566-1 Monroe County BOCC Engineering Department 1 Simonton Slreet, Key West, FL. 33040 --f UN P ING I . . ............ (2) ( (4) LOCALFUNDS STATE FUNDS FEDERAL rte NDS . . . ........... . ...... --- 2,075,000 The Department's fiscal year begins on July I - For this project, funds are not projected to be available until after the I st of July of each fiscal year. The Deparhatent will notify the Agency, in writing, when funds are avallatAe- M (1) TOTAL TYPE OF WORK By Fiscal Year PROJECT Fl, . ..... . ... . U-18 FY: . . ..... FY: FY: Total Planning Cost Development & Environment (PD&E) - 28 FY: FY: FY: Total PD&E Cost -38 FY' FY FY: Total Design Cost I f-Way - 48 FY: FY: FY' - Total 121 -ot Ly —CoSt- iction-58 FY: 2018 1.850,000 FY' FY: FY. Total construction Cost 1-85UDD-00 iction Engineering and Inspection (CEI) - 68 FY: 2018 225-000 FY: FY* -- Totai CEI Cost 225,00000 ins -88 FY FY: FY: Totai Operations Costs TOTAL COST OF DIE PROJECT 207500000 --f UN P ING I . . ............ (2) ( (4) LOCALFUNDS STATE FUNDS FEDERAL rte NDS . . . ........... . ...... --- 2,075,000 The Department's fiscal year begins on July I - For this project, funds are not projected to be available until after the I st of July of each fiscal year. The Deparhatent will notify the Agency, in writing, when funds are avallatAe- M STATE OF FLORIDA DEPARTMENT OF TIRMSPORTATION 525-01040C LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MAUAGEMENT OGC_oa,15 paw I f I FH'1;A FORIL 1273 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The FHWA-1273 version dated May 1, 2012 is appended in its entirety to this Exhibit. FHWA- 1273 may also be referenced on the Department's website at the following URI address: j'Af Sub-recipients of federal grants awards for Federal-Aid Highway construction shall take responsibility to obtain this information and comply with all provisions contained in FHWA- 1273. I nN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40E LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEMENT OGC— ow 15 Page I of 2 Exhibit "E" TITLE V1 ASSURANCES 1 4.) information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to as books, Sanctions for Noncompliance In the event of the contractors noncompliance Wth the nondiscHmination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, 01 -63- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 565-01a-40E LOCAL AGENCY PROGRAM AGREEMENT ROGRAM MANAGEWENT OGC-0816 Page 2 f 2 • withhoging of payments to the contractor under the contract until the contractor complies, and/or cancellation, termination or suspension of the contract, in whole or in part: - education programs or activities (20 U.S C. 1681 et seq)- (D rn -64- -.. education programs or activities (20 U.S C. 1681 et seq)- (D rn -64- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-DW40F PROGRAM MANAGEMENT LOCAL AGENCY PROGRAM AGREEMENT OGC - Nil 5 Page I of I The agency Resolution authorizing entry into this Agreement is attached and incorporated into this Agreement. I -65- RESOLUTION NO. 002 -2018 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND MONROE COUNTY FOR FUNDING TO CONSTRUCT IMPROVEMENTS TO THE PIGEON KEY RAMP #904480. WHEREAS, the Board of County Commissioners of -Monroe, C ") has jurisdiction over and maintains Pigeon Key Ramp Bridge # 904480, located - on Pigeon Key Island at mile marker 44.5 in the County; and WHEREAS, the Florida Department of Transportation ( "DEPARTMENT') has awarded CL Transportation Alternatives Program (TAP) funding under a Local Agency Program (LAP) agreement to the COUNTY for the PIGEON KEY RAMP #904480, hereinafter referred to as the "PROJECT", the individual elements of which are outlined in the attached Exhibit "A ", "Project Description and Responsibilities ", which is herein incorporated by reference; and L WHEREAS, the DEPARTMENT has programmed funding for-the, PROJECT under c Financial Project Number 436566 -1, and has agreed to rcimbuise the COUNTY for eligible project costs up to a maximum limiting amount, as outlined in the attached Exhibit `B" "Schedule of Funding ", which is herein incorporated by reference; and WHEREAS, the County has agreed to supervise and inspect all aspects of the PROJECT construction and administration; and CL CL WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement CL designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339 08(e) and 339.12, Florida Statutes (F.S.); SOW, 'I HEREFORE, BE IT RESOLVED by the Board of County Commissioners of 1Vlonroe Countlr•, Florida, that: Section 1 The Local Agency Program (LAP) Agreement between the State of Florida, Department of Transportation and Monroe County is hereby approved. CL Section 2. Upon execution, this Resolution shall be marked as Exhibit "F" and made a part of this Local Agency Program (LAP) Agreement. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at a regular inecting of said board on the 17' day of January, A.D., 2018. Pigeon Key Ramp LAP Agreement January 17, 2018 .. �a Atte9t: Madok, Clerk Mayor David Rice Yes Mayor Pro Tern Sylvia Murphy Yes Commissioner Danny Kolhage Yes Commissioner George Neugent Yes Commissioner Heather Carruthers Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 13y e By Deputy Clerk Ma.yorlClr trperscan i C PATRICK WLEG AnSTANT X y rn aM h::� CD rn r Pigeon Key Ramp LAP Agreement January 17, 2018 -67- I r -h 0 4 T Q CA) O Im IT, TI--TITMTITj&li:m 2Fv me, 1 11-M "M I =IP ft M, Mal IN ll'�* ' Cili�'I'll��"l��ll"li'l l��ll"li'lll�� III I�'Ill !!Ill STATE OF FLO RDA DEPARTMENT OF TRANSPORTATION 275-MG-11 UR7IC DBE BID PACKAGE INFORMATION EQAL OPPO 1JNITY OFF F.g. 1 of DBE Utilization The Department began its DBE race neutral program January 1, 2000 Contract specific goals are not placed . Federal/State contracts; however, the Department has an overall 10-65% DIBE goal it must achieve- In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting- Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reaso ♦ identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount- Contractors are encouraged to identify any opportunities to subcontract to DB DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity projects- This will not become a mandatory part of the contract- It will assist the Department in tracking and reporting planned or estimated DBE utilization- During the contract., the prime contractor is required to report actual payments to DBE and IVIBE subcontractors through the web-based Equal Opportunity Compliance (EOC) system- k "I t 1PrP19::: ::::: T" , .. - a - - 1 - 1 - t urm J--t r irliemn fT M_ 11 business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system Is Wlw; "M I llqf Fell 1 110 • STAIE OF FLORIDA DEPAMWENT OF TRANSPORTATION 275-030-11 EQUAL OPPORTUNITY OFFICE DBE IBID PACKAGE INFORMATION 1007 P.W 2 of 2 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract- to the award of the contract- Plans are approved by the Equal Opportunity Office in accordance with Ch- 14-78, Florida Administrative Code, Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President- Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows: ''I 1 14 a . I -70- I n O C Z �D DD z v n v m OZ -n -n 0 Im IT, [1 `' r m r 1 - ., r r r + r r r .' r • ►1 , r r . r r. '. r 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, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature) August 30, 2018 identification. (type of identification) N ARY PUBLIC r My commission expires: , X IRENE MATTHEWS { Notary Public - State of Florida Commission # FF 990356 >A` My Comm. Expires May 9, 2020 " `` Bonded through National Notary Assn. NON - COLLUSION AFFIDAVIT Robert M. Clifford I, depose and say that: lam Area Manager according to law, on my oath, and under penalty of perjury, of the firm of WSP USA Inc. the bidder making the Proposal for the project described in the Request for Competitive Solicitations for: Construction Engineering & Inspection Services 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 contained in this affidavit are true and correct, and made with full knowledge that Monroe,, relies upon the truth of the statements contained in this affidavit in awardi co racts for said project. August 30, 2018 (Signature of Respondent) (Date) STATE OF: . COUNTY OF: gd'_ - ?'ti- PERSONALLY APPEARED BEFORE ME, the undersigned authority, 0 SW who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above on this 34&ay of 20 IQ NF - A RY I PUBLIC My Commission Expires: t 3 'we IRENE MATTHEWS w• Notary Public - State of Florida Commission # FF 990356 -73- ;�:E L w My Comm. Expires May 9, 2020 Bonded through National Notary Assn. 3 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 CL of this section. As the person authorized to sign the state, I certify that this firm complies fully with the above requirements. Resp ndent's Signature August 30, 2018 Date P PTXRY PUBLI My Commission Expires: / IRENE MATTHEWS g . * Notary Public -State of Florid # FF 990356 - �4 - "' My Comm. Expires May 9, 2020 Banded through National Notary Assn 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 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither WSP USA Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date:. August 30, 2018 STATE OF: l r4c, COUNTY OF: Sul= and sworn to or affirmed) before me on the day of 2018 L Game of affiant). I eCShe i p sonally known to me by or has produced __ (type of identification) as identification. My Commission Expires: el NOTARY PUBLIC NE JJIE Ad;N Y public Srafe Of F1000 r Y COat ?rnssr(�n FF 994356 nued fhra EWres Mly 9X424 9 Nafrpnat Alptary Assn. -77- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030.32 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT INELIGIBILITY AND VOLUNTARY EXCLUSION - 11115 LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from particip0arr1rithis transaction by any federal department or agency. Name of ConsuitanurontrActor WSP I BY: Date: August :30, 2018 Title: Area Manager Instructions for Certification Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification 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 tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or 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 tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. 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 subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier 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 covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https: / /www.epls.gov /), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. M a7"30aa PROCUREMENT 10101 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 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 of 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 L CL prerequisite for making or entering into this transaction imposed by Section 1352, Title CL 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 CL 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. u Na ��Xt August30,2018 Sy. Date: Authorized Signature Area Manager CL Title: -79- ;TA 01FL RtDADEPAU EMJF-IA W. ,I)PTATID� 3759KW CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION PR UiE " "E" acc -D.3,v 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. Consultants /Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions J1ten performing %vork for 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 InterestlConfidentiality Certification which has been approved by the Department ("Project Personnel "). I understand that a list of Project Personnel will be maintained by Department. If 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. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors. or anything of value from any firm under consideration for an agreement associated with the Project, and I recognize that doing so may be 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 838.22, Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. 1 further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes., Advertisement Nod Description Solicitation No Financial Project Number(s) Each undersigned individual agrees to the terms of this Conflict of erestrConfidenlwality Certification Printed Names Sign res Date Robert M. Clifford August 30, 2018 IN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -030.30 TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT 05/14 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. WSP USA Inc. Name of Consi 116it August 30, 2018 Icy: Date ff- tC Pa me ContreowlPhaw ConskAwn, WSP USA Inc. Address,"'ihorw Nurniwl 7650 Corporate Center Dr, Ste 300, Miami FL 33040 Prwuyerfl,vt Nurnbev'Aclverfisernen� Number A FR ParI 2,001 Tho 'ist �s inten.ded to be a WWV4 of all Pim 11 )t to partiolpating, ar aftmpVng to parcipat., DOI assis(od ixin"Pacts, ThA) fist mij%t �Inckioe aH firms thafbW on prime contraots, or Nd w raw w sut-Aintracts atxk, supplier. rialw als on 001 -assisted prqje cm, including boar D' BEs aM, - ton - B Es, For uonsulting comp arts es. N.9 fist must include al, subour.suilaxt contadling yov end exr,"rewng on tnteresk in twirmng wqh yGu on oi speciiic m'r-assisted nsqect Prime con",rws and rxvmulrarlm must provide Informat5on fur Numbers 1, 2, 3 and 4, anA, should prowde any info they hr e wvaflab on Nurrd_ws 6, 6, 7, 8 for 1hemselves, and their &ubo.ontroctors wd sub crrnsuftant& - 1, Federal 7 1ax 10 Number . ..._m_ 6, DBE 8, Afmufl Gross Roonlipts 2, Firm Nwow E: Non DBE Lou's ',Naft $1 niflijon 1 Phone: Between $1 - $5 rngfion, 4, Address: Between $5 - $10 m-Wron 7, ED Subcontfach)r Between $ , . $15 rnHl!1Gn Subwnsullard i Mons �hnrr $15 rmflion Ye ar ear �rfl �abl I - Fey deral'fax 10 f%kvnberl (s, DBE ,�, As nu Gres% Reoeirits 2, Firm Pump � Non-DBE LI Letc' than V rollIk"" 3, Flhorwl Between $1 - $6 rniWon 4 Addrew Between $5 - $1 0 r ralitart 7 Subc J ..* or et 1 Betwetn $ 0 1 r - $P 5 n Oka i Subconsunzqn More ftn SIE� miflion. E 1, Federal 7 10 Number G ' D 8. AnpuqM Gmss Rece pts 2, Firm Name: ........... . . .......... '.. , Non 1.) b E 7 L s Vran $I rn lfioirl 3' P� Betwepo $1 - V3 millkin 4 Address'. twefln $5 - $10 m4firin 7, Subw*.4, suatv )nswftant More thian $15 nWhon S. Year F Establis!'") -82- VENDOR CERTIFICATION N RECxARDING SCRUTINIZED COMPANIES was Project Description(s): Respondent Vendor Name: _ Vendor FEIN: 11- 1531569 Pigeon Key Ramp /Bridge WSP USA Inc. Vendor's Authorized Representative Name and Title: Address: 2202 N West Shore Blvd, Ste 300 City: Tampa State: FL Phone Number: 813- 520 -4444 Robert M. Clifford, Area Manager Zip: 33556 Email Address: Bob.Clifford @wsp.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and /or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum l�;nergy Sector List or been enraged in business operations in Cuba or Syria.. Certified By: who is authorized to sign on _.._.. behalf of the above re irco, col ray Authorized Sig natu3c: Print Name: _..... ........_ _.. Title: Note: The List are available at the following Department of Management Services Site: http Kv4 rr=, drea 3nyllc5r `it1:t.4 es�tall2,1siIcss c riw inf'o"nat icmic n,vicicd t}sp r i � a6rsctr minat amplait_ts� vendor Pisa -83- August 28, 2018 Ms. Judith Clarke, P.E. Project Manager Public Works and Engineering Monroe County 1100 Simonton Street Key West, Florida 33040 Subject: Award Concurrence Letter Pigeon Key Ramp FM # 436566 -1 Federal ID: D618 -030 -B Contract: GOW60 County: Monroe Ms. Clarke, The Florida Department of Transportation has received Form 525 - 010 -49 "Local Agency Checklist for Federally Funded Professional Services Contract'; "Federal and State Requirements ". This letter serves as concurrence with Monroe County's CEI consultant selection process. Therefore, Monroe County can proceed with the award recommendation to WSP USA Inc. For further reference, please contact District 6 LAP Project Manager Alfredo Reyna by telephone at (305) 470 -5288 or email Alfredo.Reyna @dot.state.fl.us. Sincerely, Xiomara Nunez, MBA District Local Program Administrator Cc: Alfredo Reyna, File =