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Item C37 C.37 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: C.37 Agenda Item Summary #5528 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305)295-4306 N/A AGENDA ITEM WORDING: Approval of Amendment No. 2 to the Task Order with Kisinger Campo & Associates for Engineering Design and Permitting Services for Sugarloaf Boulevard Bridge Replacement Project in the not to exceed amount of$211,563.79 to revise design to allow for an additional 12-inches of navigational clearance to adapt for sea level rise, address drainage issues adjacent to the bridge, perform additional seagrass and coral survey necessitated by Hurricane Irma and to perform US Army Corps of Engineers required Cultural Resources Assessment Study (CRAS). ITEM BACKGROUND: The current bridge concept as submitted at the 60%Phase provides approximately 10 feet of navigational clearance to the Mean High Water(MHW) Line which is approximately 6-inches greater than the existing bridge. A detailed cost comparison was completed that compares the cost estimate provided for the 60%Phase Submittal verses the cost of a raised bridge concept. The County has requested that KCA move forward with the design changes and plans production required to raise the profile and accommodate an additional 12 inches of navigational clearance to allow for sea level rise. This Task Order also includes design for drainage improvements, coral and seagrass surveys, and the required US Army Corps of Engineers Cultural Resources Assessment Survey (CRAS). PREVIOUS RELEVANT BOCC ACTION: May 17, 2017- BOCC approved amendment no. 1 to the Task Order with Kisinger Campo and Associates (KCA) for engineering design and permitting services for the Sugarloaf Blvd Bridge Replacement Project in the amount of$37,401. October 21, 2015- BOCC approved a task order with KCA for professional design and permitting services for the Sugarloaf Blvd Bridge Replacement Project in the lump sum design fee of $398,496.69 with $8,625.50 in estimated expenses. January 16, 2014- BOCC approved the On-Call contract for Professional Engineering Services between Monroe County and Kisinger Campo and Associates. Packet Pg. 1012 C.37 CONTRACT/AGREEMENT CHANGES: Amendment No. 2 STAFF RECOMMENDATION: Approval of Amendment No. 2 to the Task Order with Kisinger Campo & Associates for Engineering Design and Permitting Services for Sugarloaf Blvd. Bridge Replacement Project. DOCUMENTATION: Amendment 2 Sugarloaf Bridge 4_25_2019 Amend 1 - EXEC - 5-17-17 KCA - Task Order - EXEC - 10-21-15 KCA - On Call Contract - EXEC - 1-16-14 FINANCIAL IMPACT: Effective Date: 5/22/19 Expiration Date: 60 days after construction completion Total Dollar Value of Contract: $211,563.79 Total Cost to County: $211,563.79 Current Year Portion: $125,000.00 Budgeted: Yes Source of Funds: 102-22554-560630 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Judith Clarke Completed 05/02/2019 9:08 AM Christine Limbert Completed 05/02/2019 10:24 AM Budget and Finance Completed 05/02/2019 10:46 AM Maria Slavik Completed 05/02/2019 10:51 AM Kathy Peters Completed 05/02/2019 12:32 PM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 1013 C.37.a AMENDMENT 2 TO THE TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO & ASSOCIATES FOR SUGARLOAF BOULEVARD BRIDGE REPLACEMENT PROJECT 2 THIS AMENDMENT 2 to the Task Order IS ENTERED INTO BETWEEN Monroe U) County, whose address is 1100 Simonton Street, Room 2-216 Key West, > Florida 33040, hereafter the "County", and Kisinger Campo & Associates, Corp. a Corporation of the State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa, Florida 33602, its successors and assigns, hereinafter referred to as "CONSULTANT", Paragraph 2.1.1 ARTICLE II SCOPE OF BASIC SERVICES is amended to add 06 the following: LM U) 2.1.1 The CONSULTANT will perform for the COUNTY supplemental Engineering Design Services to modify the 60% design phase plans to allow for an additional 12 inch navigational clearance to accommodate for sea level rise that is �s anticipated to occur over the design life of the structure; design drainage improvements on Buttonwood Drive East along southeast bridge quadrant; perform d additional coral and seagrass surveys at the project site that were necessitated due to impacts from Hurricane Irma; and complete a US Army Corps of Engineers required Cultural Resources Assessment Survey (CRAS) as more fully described in the Consultant's proposal that is included as Attachment A. Paragraph 7.1 is amended to include the following: The Total Design Fee, in accordance with the rates in the On Call Agreement and as outlined below, will be increased by the not to exceed amount of$207,863.79 plus $3,700.00 in estimated expenses for a total of$211,563.79. The following LO lump sum amounts and estimated expenses will be paid to the consultant for services added under this Amendment 2: KCA Fee Project Management $ 16,711.00 Roadway//Maintenance of Traffic (MOT)/Signage And Pavement Markings (SAPM) $ 49,828.00 Drainage $ 29,040.00 Structures $ 90,569.00 cv Environmental Permitting $ 7,116.00 Subconsultant Fee Cultural Resources Assessment Survey (CRAS) - Janus Research $ 10,609.10 E Geotech —Tierra South Florida $ 3,990.69 Total Design Fee $ 207,863.79 Estimated Expenses $ 3,700.00 Sugarloaf Boulevard Bridge Replacement Project Kisinger Campo&Associates May 22, packet Pg. 1014 Page 1 C.37.a 4- M 0 Force and Effect. In all other respects the Contract dated January 16, 2014 and Task Order effective October 21, 2015 remain in full force and effect. In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) E Attest: KEVIN MADOK, CLERK E By: By: Deputy Clerk Mayor/Chairman Date: (SEAL) Attest: ry Kisinger C mpo & ssociates, Corp. By: By: Ronald Gott Paul G. Foley, P.E. Title CFO/Senior V.P. Title President E 4- MONROE COUNTY ATTORNEY AP V A T F' M` LO VACl/ CHRISI LIM$ERT-BARROWS ASSISTANT COUNTY ATTO ° y et et cas cv Sugarloaf BoulevaM Bridge Replacement Project Kisinger Campo&Associates May 22,2019 Page 2 or3 Packet Pg. 1015 C.37.a 4- 0 Attachment ACU Consultant's Detailed Scope of Services U) IL 06 r- U) �s 6 4- 0 0 LO i i a Sugarloaf Boulevard Bridge Replacement Project Kisinger Campo&Associates May 22, packet Pg. 1016 Page 3 11111'14"f///�"elll J101 KISINGER CAMPO A & ASSOC TES April 23, 2019 Judith S. Clarke, P.E. cm Director of Engineering Services 1100 Simonton Street 0 Key West, Florida 33040 U) Project Description: Monroe County on Call Professional Engineering Services—2017 Contract 01 E (L Re: Task Work Order 44— Sugarloaf Boulevard Bridge Replacement— Supplemental Agreement 42 - 06 Design Modifications to Allow for Increasing the Navigational Clearance of the Bridge by Twelve r- LM Inches and Drainage Improvements along Buttonwood Drive U) Dear Ms. Clarke: W Kisinger Campo &Associates (KCA) is pleased to submit this Scope of Services and Fee Estimate for the design modifications required to raise the profile of the roadway approaches and bridge to accommodate an additional 12 inches of navigational clearance above what was proposed in the 60% Plan Set. C14 6 Additionally,this scope includes supplemental work to improve the drainage along Buttonwood Drive East and along the east side of Sugarloaf Blvd. at the south end of the bridge. E Design Modifications to Allow for Increasing the Navigational Clearance of the Bridle by 12 Inches: < 4- 0 1� The current bridge concept as submitted at the 60% Phase provides approximately 10 feet of navigational > 0 clearance to the Mean High Water(MHW)Line. A detailed cost comparison was completed that compares I- CL the cost estimate provided for the 60% Phase Submittal verses the cost of a raised bridge concept. The County has requested that KCA move forward with the design changes and plans production required to raise the profile and accommodate an additional 12 inches of navigational clearance. C14 As part of this effort,KCA will revise the roadway, structural and drainage design and modify the plans as C14 LO necessary to accommodate the increased profile. The 60%Plans will be resubmitted to the County and the project schedule will be updated to accommodate the redesign effort. In addition, all permitting ing documentation will be revised to accommodate the updated profile. Specific anticipated design :2 modifications and plans updates will include: 4- • Expanded project limits • Additional roadway reconstruction • Guardrail alignment adjustment and additional guardrail length • Side street/driveway/trail construction for harmonization cv • Temporary walls between construction phases due to profile increase • Larger substructure with increased concrete sections E • Increased piling requirements • Increased niprap requirements E • Reconstruction/strengthening of existing retaining wall < • Additional retaining walls at the night-of-way line due to slope tie down point • Updates to all permitting documentation E 201 North Fr,"ii i k I i n'Are.e L,',w e 400 I I amps i, [1 3602 M 3 871 5,3 t 8 13 87 1 ",13 5 1 Packet Pg. 1017 C.37.a l/// //e"eI' �, S III I I io f / ASSOC TES Drainage Improvements alone Buttonwood Drive: Drainage improvements will consist of improving drainage along the southeast bridge quadrant by 0 providing a storm sewer system along Sugarloaf Blvd. and Buttonwood Drive East. The runoff from these systems will be stored in a french drain system. The consultant will be responsible for preparing the ERP permit package and all the work required to obtain the permit from the South Florida Water Management U) District. (SFWMD). Tasks will include roadway design, drainage design, environmental/permitting, and > geotechnical engineering. The additional Geotechnical work will include infiltration rate testing required cm by the SFWMD for designing French drain systems. Additional Miscellaneous Tasks: IL 06 During Hurricane Irma,the canal experienced scour and erosion. As part of this scope,KCA will complete r_ LM a new field survey for the coral and seagrasses at the project site. All environmental documentation will be U) updated as necessary. A Cultural Resource Assessment Survey (CRAS) will be completed by Janus Research as required by the US Army Corp.of Engineers(USACE). This is now a requirement for all bridge projects when the existing �3 bridge is 50 years of age or older. d Consultant Fee We have estimated the level of effort required for all engineering services described above. Our total E estimated lump sum fee amounts to $207,863.79. This fee includes all KCA efforts and sub-consultant ,- efforts, coordination, QA/QC and supervision. The fee estimate is based on the hourly rates which were previously approved for this contract. CL CL Our expenses were estimated separately and are not included in the lump sum fee estimate. Our total < estimated expenses amount to $3,700.00 and will cover the permit fee for the SFWMD and travel expenses C) as necessary. LO i cv i We sincerely appreciate the opportunity to continue our working relationship with you on this project. Please do not hesitate to call me if you have any questions or need any additional information. Best Regards, cv Jason L. LaBarbera, P.E. Project Manager File: 12017.57(KCA) 201 North F�r,"iiikI n 5areeL,`,i.A e 400 1 anrh,r f I m id a ?,3602 M3 871 5 M 813 871.`031-,, � Packet Pg. 1018 C.37.a FEE SUMMARY SHEET _ TWO #4 - Supplemental Agreement#2 for Sugarloaf Boulevard Bridge Replacement , 0 KCA FEE 2 0 Project Management $16,711.00 U) Roadway/MOT/SAPM $49,828.00 Drainage $29,040.00 Structures $90,569.00 Environmental Permitting $7,116.00 IL 06 TOTAL $193,264.00 U) Cb r_ SUBCONSULTANT FEE Geotech -Tierra South Florida $3,990.69 CRAS-Janus Research $10,609.10 0 TOTAL $14,599.79 4- 0 TOTAL DESIGN FEE E TOTAL DESIGN FEE $207,863.79 N i LO N ESTIMATED EXPENSES Project Manager (County Meetings, Coordination, Etc.) $1,200.00 Environmental $1,200.00 Geotech -Tierra South Florida $1,000.00 SFWMD Permit Fee $300.00 cv TOTAL EXPENSES $3,700.00 Packet Pg. 1019 9u @® ° u v0wz ° ° uauv ! oiddV) 6[OZ §Z # ® P AoPe n WWau uauv :Waug,q q T-k d a. \ a e 2 \ 2 \ 7 f \ \ a E / \ � o # * ± 2 = ± 7 \ t / / / E CL f � = L 0 k 0 ¥ f oCL \ E \ o o = E _ \ 2 @ e § � \ _ ■ � CD ) \ 7 2 \ 0 :;I- coe . o \ _ 0 § \ / [ f E 7 PC \ m m D I I 73 C.37.a Scope of Work Janus Research Sugarloaf Boulevard Bridge Replacement Monroe County, Florida April 19, 2019 2 0 U) Cultural Resources Assessment Survey (CRAS) > For the Sugarloaf Boulevard Bridge Bridge and the historic resources immediately surrounding the bridge a Cultural Resources Assessment Survey(CRAS)will be conducted. The historic bridge and at least one historic building appear to be in the area of potential effect (APE). Consequently, E a document will be prepared which identifies and evaluates the bridge and the historic resources immediately adjacent to the bridge approaches, and evaluates if these historic resources would be 06 considered contributing or non-contributing to the potential National Register-eligible historic district and if any of these are individually eligible for inclusion in the National Register of Historic U) Places (National Register). Florida Master Site File (FMSF) forms will be prepared and the National Register Criteria for Evaluation will be applied in order to determine eligibility. This document will be submitted to the client for review. A draft will be produced and provided for review, and final documentation will include revisions. Four copies of the draft and final documents will be provided as part of this work. Ultimately the documentation will be submitted N to the appropriate agency, FDHR/SHPO. z As part of our services, Janus Research will survey and photograph the historic resources in the E project area,perform background research regarding the historic significance of the resources, and 4- determine if they are potentially eligible for listing in the National Register. 0 0 A historical literature and background information search pertinent to the project areas will be conducted. This will include a search of the Florida Master Site File, County and local site inventories, books and journal articles, unpublished CRM reports, and the like. Every effort will be made to solicit historic and site location information from other professionals, amateur N archaeologists and collectors, lay historians, and the local residents of the project area. LIq i An archeological desktop analysis will be conducted to include a review of the most current Florida Master Site File(FMSF) data as well as a review of the associated FMSF forms and survey reports to assess the accuracy of the locational data and evaluate whether the previous surveys meet the 00 current requirements of Section 106 of the NHPA of 1966 (Public Law 89-665, as amended), as implemented by 36 CFR 800 -- Protection of Historic Properties (incorporating amendments effective August 5, 2004), the revised Chapter 267, Florida F.S.; and the standards embodied in the Florida Division of Historical Resources' (FDHR) Cultural Resource Management Standards and Operational Manual (February 2003) and Chapter 1A-46 (Archaeological and Historical Report Standards and Guidelines),Florida Administrative Code(F.A.C.). An analysis of available historic aerials, historic General Land Office (GLO) plat maps and associated surveyors' notes, United States Geological Survey (USGS) quadrangle maps, and pertinent environmental features will also be conducted to help identify areas of archaeological probability. The results of the desktop analysis will be documented in a technical memorandum which will include a map E showing a preliminary APE, the locations of any previously recorded archeological sites and areas Packet Pg. 1021 C.37.a of archaeological probability. A visual survey will also be conducted to document existing conditions. CO 4- All work will be conducted in accordance with Section 106 of the National Historic Preservation Act (NHPA) of 1966 (Public Law 89-655, as amended), as implemented by 36 CFR 800 -- Protection of Historic Properties (incorporating amendments effective August 5, 2004), and the revised Chapter 267, Florida Statutes. All work will also conform to professional guidelines set - forth in the Secretary of Interior's Standards and Guidelines for Archaeology and Historic > Preservation (48 FR 44716, as amended and annotated) and Chapter 1A-46 (Archaeological and (n, Historical Report Standards and Guidelines), Florida Administrative Code. Effects Determination-Optional If needed, Janus Research will evaluate engineering information, and determine the potential 06 effects it may have on the bridges according to the Criteria of Effect established by Section 106; r, this may involve determination of"No Adverse Effect" or "Adverse Effect". Components of the U) Case Study report will include a general description of the project and its benefits,historical context, a Cb description of significant resources, discussion of potential effects to the resources, and a description r— of measures proposed to mitigate adverse effects. This effects documentation will include the bridge, and any additional significant resources that may be identified during the CRAS;this could potentially include a historic district,but again the CRAS effort will reveal the additional resources. "' d 4- 0 0 cv i LO cv i a cv Packet Pg. 1022 C.37.b AMENDMENT 1 TO THE TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO & ASSOCIATES FOR SUGARLOAF BOULEVARD BRIDGE REPLACEMENT PROJECT THIS AMENDMENT 1 to the Task Order IS ENTERED INTO BETWEEN Monroe County, whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, co hereafter the "County", and Kisinger Campo & Associates, Corp. a Corporation of the State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa, 4- Florida "CONSULTANT", c is 4� Florida 33602 its successors and assigns, hereinafter r f referred to as CONSULTANT e 1. Paragraph 2.1.1 is added to ARTICLE 11 SCOPE OF BASIC SERVICES, and is to state the following: 2.1.1 The CONSULTANT will perform for the COUNTY supplemental Engineering Design Services to evaluate raising the profile of the roadway approaches and bridge to accommodate an additional 12 inches of navigational clearance and develop E a detailed cost estimate for this alternative as described in Attachment A, Proposal To a. 06 Produce A Cost Estimate For Raising Sugarloaf Boulevard Bridge an Additional 12 Inches. The service's as described are for a Lump Spun fee not to exceed $37,401.00 2. Article IX MISCELLANEOUS, Paragraph 9.21 shall be amended to add the followin w g� � Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I c" of the Constitution of Florida. The County and Contractor shall allow and permit z 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 E Chapter 119, Florida Statutes, and made or received by the County and Contractor in 0 conjunction with this contract and related to contract performance. The County shall > 0 have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This `O provision shall survive any termination or expiration of the contract. W X The Contractor is encouraged to consult with its advisors about Florida Public W Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to as perform the service. Packet Pg. 1023 C.37.b (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. as (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. CO (4) Upon completion of the contract, transfer, at no cost, to the County all public e records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public 2 records to the County upon completion of the contract, the Contractor shall destroy any 0 duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with a. 06 the information technology systems of the County. r, (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. cv d If the Contractor does not comply with the County's request for records, the County as shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon - violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 11.9.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise LO provided by law. X IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BIAN BRADLEY AT PHONE# 305-292- Packet Pg. 1024 C.37.b 3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV MONROE E COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY WEST FL 33040. ° 3. Force and Effect. In all other respects the Contract dated January 16, 2014 and 1 ask'O d r effective October 21, 2015 remain in full force and effect. 4- 0 LS�� rW:1I:f1 I:�I each party hereto has caused this contract to be executed by its � �s I y' 6Mth46�, d representative. r E ir f i8� Att ,�f''4<,E' `IN MADO: ., CLERK By: � r � By: 6"Vy" °° E Deputy Clerk Mayor/Chairman I" 06 Dater ............ _.... (SEAL) . . .isnliget-C In cii s, Corp. Attest: By: . ..... By: _ ` C14 d Title Title 0 0 IIIC)PI ��')t� C_,C14rE ,� f, -.'0RNEY APFIr r LO w 4sF Gr UINA I.iM183F. F Ado 4 N.YO":H X ASSISTANT r(k f41NCY w Date Packet Pg. 1025 E Attachment A Proposal To Produce A Cost Estimate For Raising Sugarloaf Boulevard Bridge An Additional 12 Inches. CO CO 4- 0 U) E 06 U) cv 6 z E 4- 0 0 LO w x w E 4j E M Packet Pg. 1026 C.37.b KISINGER March 27, 2017 E CL Judith S. Clarke, P.E. Director of Engineering Services 1100 Simonton Street Key West, Florida 33040 Project Description: Monroe County on Call Professional Engineering Services Re: Task Work Order #2 — Sugarloaf Boulevard Bridge Replacement — Supplemental Agreement #1 — Detailed Cost Estimate for Raising the Profile of the Bridge 0 U) Dear Ms. Clarke: " Kisinger Campo & Associates (KCA) is pleased to submit this Scope of Services and Fee Estimate for the E supplemental work to raise the profile of the roadway approaches and bridge to accommodate an additional a 12 inches of navigational clearance above what was proposed in the 60%plan set. This supplemental work 06 will be added to the Task Work Order#2. r- U) 0 The current bridge concept as submitted at the 60% Phase provides approximately 10 feet of navigational clearance to the Mean High Water(MHW)Line. A detailed cost estimate was provided for this 60%Phase Submittal. As part of this scope, KCA will provide a detailed cost estimate for raising the bridge and associated roadway approaches an additional 12 inches to provide 11 feet of navigational clearance to the Mean High Water(MHW) Line. Additional cost associated with the change in profile may include: cv • expanded project limits d • additional roadway reconstruction quantities • additional guardrail quantity • possible side street/driveway/trail construction for harmonization • possible temporary wails between construction phases due to profile increase 0 • increased substructure concrete quantity 0 • increased piling quantity CL • increased riprap quantity • reconstruction/strengthening of existing retaining wall • additional retaining walls at the right-of-way line due to slope tie down point In order to estimate the cost changes associated with the above items, KCA will create a new concept `O profile, generate cross sections, determine project/roadway reconstruction limits, determine wall limits, evaluate larger foundations, determine piling requirements and determine new riprap limits. The results of w this evaluation will be quantified and an updated cost estimate will be provided using current unit costs. The final deliverable will be a Cost Comparison Report(Memo)that details the increase in cost of the raised bridge concept. Revised concept plans are not included as part of this scope. The cost comparison will be for construction .. cost only and will not include the additional consultant/sub-consultant design and plans production effort if the raised bridge alternate is preferable to the County. E ca 2Ot idnetl,%i,rrrki��5f .P,Su(Ca 400 1t;a;n{ r, F i:,rid ^6u2 r211 E'71 Sr„1 - E,1 ; ; I Packet Pg. 1027 C.37.b S We have estimated the level of effort required for all engineering services described above. Our total CL C estimated lump sum fee amounts to $37,401.00. This fee includes all KCA analysis efforts, coordination, QA/QC and supervision. The fee estimate is based on the hourly rates which were previously approved for as this contract. Our expenses were estimated separately and are not included in the lump sum fee estimate. It is not anticipated that any additional site visits or additional expenses will be required for this detailed cost 4— analysis. We sincerely appreciate the opportunity to continue our working relationship with you on this project. Please do not hesitate to call me if you have any questions or need any additional information. 0 U) Best Regards, (L Jason L. LaBarbera, P.E. 06 Project Manager M File: 12013.16(KCA) t) cv 6 4- 0 0 era )01 Norti'+ f Wo ;.m y'l Ff",11h 4 (U) ,';11871 S.siI I ii'1 ,1'P, Packet Pg. 1028 I C.37.b maxo 6 6 E; o 6 0 a > > > > > > > > > > > > > 2 . . . . . . CAp ca O 0 0 0 0 M 0 0 . . . . . . N O O O . . . . . . . . . . o �m < CD E zo 0 a 0 n 0 0 0 a 0 0 0 0 0 0 0 0 z c 88 m ti m n 0C . C L) 0 . . . . . . . . . . 0 . . . . . 0 0 0 0 0 0 0 0 0 . . . . . . . . 0 . -J. 0 0 0 . . . . . . . . . . . . . . . 0 0 0 0 0 0 . . . . 0 �) 0 og og 0 E E E . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . < > 8 8 8 8 8 8 8 8 8 w 0 w ca o3 o3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 uj IL 06 . . . . . . . . . . . . . . . . . . O . . . . . . . . . . . . . . . .6 cn U) 0 ❑ 0 0 . . . . . . . . . . . 0 . . . . . . . . . .M w LL) C)0 g :2 . . . . . . . . . . . 0 . . . a . . . . . . . . . . . . . . . . . . C14 uj Q w8 CD 0 . . . . . . . . . . 9 ui ol . . . . . . . . . . . . . . . . . . . . . . . . LO C2 w . . . . . . . . . - - - - - - - - - - - x E FL w rn C 0 0 -6 '7 E E ev *E au 2 83 V. E & o 0 .>, I vtr (if '. 8 9 9 '1-- ig E E E 0 0 0 0 E- o , 0 - - - . — . . 0 0 A 2 < < E F Ff . . . . . . E A A . .0 E E 0 E in U) 0 in 0 w w U) 0 in in CT) m 0 EL< w in Z 6 CI 4 6 . . . 16 ll� Packet Pg. 1029 � \ § 3 m m 2 / \ % \ § / ) § ) ) ( f ( \ ` m \ 0000 c \ 06 IL \ / U q d e § 5 \ @ w / \ \ \ m \ / Packet P$ 1030 C.37.c TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING 0 SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO & ASSOCIATES FOR SUGARLOAF BOULEVARD BRIDGE REPLACEMENT PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 16th day of January, 2014 between Monroe County hereinafter referred to as the "County" and Kisinger Campo & Associates, hereinafter referred to as "Consultant" where design services are allowed if construction costs do U) not exceed $2,000,000. All terms and conditions of the referenced Contract for on Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the 0 modification shall be precisely described. a. 06 - This Task Order is effective on the 21st Day of October, 2015 and shall expire 60 days L after construction is complete. Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows: The scope of services for the Sugarloaf Boulevard Bridge (#904153) Replacement Project will include production of construction plans, specifications, permitting services and support during the bidding of the project required for the replacement of the Sugarloaf Boulevard Bridge and associated roadway reconstruction. The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. LO cv Details of the scope of services are outlined below and included in the Consultant's proposal that is attached to this task order as Exhibit A. 1.0 DESIGN DEVELOPMENT 1.1 The Engineer shall prepare a Design Development Letter Report for the County's approval. The Design Development Report shall consist of a written document that 0 establishes and describes the size and character of the proposed bridge replacement, -19 19 materials and such other elements as may be appropriate. The report will contain a conceptual cost estimate. �s 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project, the Sugarloaf Boulevard Bridge Replacement Project Kisinger Campo&Associates Oct 16,2015 Page 1 of 6 Packet Pg. 1031 C.37.c Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the most current version of the following: 4- 1. Florida Department of Transportation Roadway Plans Preparation Manuals htlp://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm 0 cas 0 2. Florida Department of Transportation Design Standards U) htlp://www.dot.state.fl.us/rddesivn/DesignStandards/Standards.shtm � cas 3. Florida Department of Transportation Surveying Procedure htip://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/55Q030101.pdf E IL 4. Florida Department of Transportation Drainage Manual 06 htlp://www.dot.state.fl.us/rddesign/dr/files/2008DrainageManual.pddf a� 5. Florida Department of Transportation Soils and Foundations Handbook htlp://www.dot.state.fl.us/stractures/Manuals/SFH.Ldf W 6. Florida Department of Transportation Structures Manual (625-020-018) cv including Temporary Design Bulletins d htlp://www.dot.state.fl.us/structures/StracturesManual/CurrentRelease/S � TRManual.htm as 7. MUTCD htlp://mutcd.fliwa.dot.gov/ 0 CL 8. American Disabilities Act CL htip://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/625020015.pdf < LO 9. Florida Department of Transportation Pavement Coring and Evaluation `®' Procedure htlp://www.dot.state.fl.us/statematerialsoffice/administration/resources/libra /�u blications/materialsmanual/documents/vl-section32-clean.Ldf W w 10. Florida Department of Transportation Flexible Pavement Design Manual htlp://www.dot.state.fl.us/pavementmanagement/PUBLICATIOJNS.shtm 19 11. Florida Department of Transportation Rigid Pavement Design Manual U) htlp://www.dot.state.fl.us/pavementmana eg ment/pcs/RigidPavementManuaIJanu ary 12009.pd, 12. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications htlp://www.fliwa.dot.gov/en in�g//geotech/pubs/reviewguide/checklist.cfm E Sugarloaf Boulevard Bridge Replacement Project Kisinger Campo&Associates Oct 16,2015 Page 2 of 6 Packet Pg. 1032 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways htlp://www.dot.state.fl.us/rddesign/FloridaGreenbook/2007/2007FIoridaGreenbo ok.pdf 14. Florida Statutes 4- htlp://www.leg.state.fl.us/Statutes/index.cfm'?Mode=View`/`20Statutes&Submen M .2 u=I&Tab=statutes&CFID=14677574&CFTOKEN=80981948 as 15. Florida's Bicycle Facilities Planning and Design Handbook. http://www.dot.state.fl.us/safety/ped bike/ped bike standards.htmgFlorida%20B 0 ike%20Handbook U) 16. AASHTO Guide for the Development of Bicycle Facilities htlp://www.sccrtc.org/bikes/AASHTO 1999 BikeBookpdf 17. Florida's Quality/Level of Service Handbook for Planning E htlp://www.dot.state.fl.us/planning/systems/sm/los/los sw2.htm 18. A Policy on Geometric Design of Highways and Streets, American Association 06 of State Highway and Transportation Officials (AASHTO Green Book) (GDHS as - 5 AASHTO Bookstore). 19. The Highway Capacity Manual(Transportation Research Board) htip://gulliver.trb.org/bookstore/ W (TRB Bookstore 'HCM2KE). 20. FDOT Standard Specifications for Road and Bridge Construction (with C14 supplemental specifications). 6 htlp://www.dot.state.fl.us/Specificationsoffice/2007BK/TOC.htm :2; 21. Facilities Design Manual(Topic No. 625-020-016-a) E htlp://www.dot.state.fl.us/stractures/Manuals/2002fdotfacilitiesmanlj�Idf < 4- 0 22. AASHTO LRFD Bridge Design Specifications (Mandatory beginning 2007) (AASHTO Bookstore '4-LRFDUS-4') 0 23. Right of Way Mapping Procedure (Topic No. 550-030-015-e) < htlp://www.dot.state.fl.us/surveyingand mapping/RWMapplingHandbook.pddf LO 24. Project Development and Environmental Manual Par I and 2 (Topic No. 650- C14 1 000-001). CD htlp://www.dot.state.fl.us/emo/pbs/pdeman.htm W Where FDOT design standards cannot be met the Consultant will request a design X W variance or exception. 2.2. The Consultant shall provide Drawings and applicable Technical Special 0 Provisions to the County for the County's review (the Florida Department of 19 U) Transportation Standard Specifications will be incorporated by reference) at the 30% and 100% stages of the project. The Consultant shall respond to questions resulting from County review and incorporate any required revisions to the construction drawings and specifications. Design calculations package will be submitted with the 100% phase construction drawings. E Sugarloaf Boulevard Bridge Replacement Project Kisinger Campo&Associates Oct 16,2015 Page 3 of 6 1 Packet Pg. 1033 C.37.c 2.3 The Consultant will provide a construction cost estimate and a project schedule at each phase submittal. 2.4 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the 4- County the Consultant shall provide the County up to 5 sets of Construction Documents that have been signed and sealed by the Consultant. The Consultant shall also provide an electronic version of the construction documents. 2 2.5 The Consultant shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing cas supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. E 2.6 The Consultant's construction documents (plans, specifications, etc) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer d will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 0 2.7 The Consultant shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Consultant shall file (through the County) the necessary documents to obtain Environmental LO Resource Permits and all other permits required for construction. The County shall be responsible for the timely submittal of all permit application fees. 2.8 As needed by the County, the Consultant will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION COST 19 Contemporaneously with the submission of the Design, the Consultant shall submit to U) the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Engineer to reflect any increase or decrease in anticipated price resulting from a change in Design. Sugarloaf Boulevard Bridge Replacement Project Kisinger Campo&Associates Oct 16,2015 Page 4 of 6 Packet Pg. 1034 C.37.c 3.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 3.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the 4- Engineer, plus a reasonable allowance for Contractor's overhead and profit. 3.3 Construction cost does not include the compensation of the Consultant and the Consultant's consultants, the costs of land, rights-of-way, financing or other costs which s are the responsibility of the County. U) Article VII, Paragraph 7.1 is amended to include the following: The Consultant shall be paid monthly based on the following Lump Sum amounts E (except where noted): a. 06 KCA Fee r- U) Roadway/Utility Coordination/Maintenance of Traffic (MOT)/Signage And Pavement Markings (SAPM) $ 77,284.00 Drainage $ 7,736.00 Structures $ 214,242.00 Environmental Permitting $ 35,154.00 d Total $ 334,416.00 Subconsultant Fee 4- Coastal Engineering - Intera $ 23,140.00 SUE — Keith and Associates $ 2,750.00 > 0 Survey - Keith and Associates $ 18,980.00 Geotech —Tierra South Florida $ 19,210.69 LO Total $ 64,080.69Ir- cv Total Design Fee Total Design Fee $ 398,496.69 Estimated Expenses 19 Estimated Expenses $ 8,625.50 U) Sugarloaf Boulevard Bridge Replacement Project Kisinger Campo&Associates Oct 16,2015 Page 5 of 6 Packet Pg. 1035 C.37.c 0 CD Article IX Miscellaneous, Paragraph 9.21 is amended to add the following: Cc ac Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: 4- (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost U) provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. E (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the 06 contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. Paragraph 9.30 Federal Highway Administration Requirements do not apply to this project. N d IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Consultant Witness: Kisinger Campo &As ociates ell W CL C ° /„3(311'11�:5 � 913.0/2D15 CL S ttlr ° c uc erg, E)Date Signature Date LO cv hl f Fxccutive Officer Title �s BOARD OF COUNTY COMMISSIONERS tg y Heavilin, Clerk OF MONROE COUNTY, FLORIDA r Mayor/Chairm i 4) Date: � 1 / / Date: / ` / 4) Sugarloaf Boulevard Bridge Replacement Project Kisinger Campo&Associates x Oct 16,2015 JO—Ou"I")t (L-rumt Page 6 of6 �� Packet Pg. 1036 C.37.c EXHIBIT A a Kisinger Campo & Associates Proposal 0 U) 06 r- U) �s 6 4- 0 0 LO CD �s 19 U) �s Packet Pg. 1037 V/ /d/l/l/ A KISINGER CAMPO A & A550CPATES August 18, 2015 Judith S. Clarke, P.E. Director of Engineering Services co 4- 1100 Simonton Street Key West, Florida 33040 Project Description: Monroe County on Call Professional Engineering Services 0 4- U) 0 Re: Task Work Order 42—Sugarloaf Boulevard Bridge Replacement > Dear Ms. Clarke: E Kisinger Campo&Associates (KCA)is pleased to submit this Scope of Services and Fee Estimate for the above referenced project. This project will consist of the production of construction plans, 06 specifications and permitting required for the replacement of the Sugarloaf Boulevard Bridge and U) associated roadway reconstruction. Tasks will include roadway design, structures design, drainage design, environmental/permitting,utility coordination,maintenance of traffic, coastal engineering, survey, subsurface utility engineering and geotechnical engineering. For additional scope detail, W see the attached Scope of Services and Staff Hour Estimation Forms. cv We have estimated the level of effort required for all engineering services described above. Our 6 total estimated lump sum fee amounts to $398,496.69. This fee includes all KCA efforts and sub- consultant efforts,coordination,QA/QC and supervision. The fee estimate is based on hourly rates E which include our overhead. < 4- 0 Our expenses were estimated separately and are not included in the lump sum fee estimate. Our > 0 L- total estimated expenses amount to $8,625.50. Expenses will be itemized and submitted separately with each invoice. For a detailed description of the lump sum fee and estimated < expenses see the fee proposals in the attached Appendix. LO We sincerely appreciate the opportunity to continue our working relationship with you on this project. Please do not hesitate to call me if you have any questions or need any additional information. W X W Best Regards, 0 Jason L. LaBarbera, P.E. Project Manager File: 12013.16(KCA) Fr,)ril,'J j i'-4-Y'5 ul�' '11')0 T"JI Id hi "13! )"A 1 51 5 Packet Pg. 1038 C.37.c isinger Campo o & Associates, or�pl. a Sugarloaf Boulevard Bridge Replacement Scope of Services Task Work Order# 2 Monroe County On-Call Engineering Services 0 Date: August 17,2015 0 cas 1. PROJECTTITLE: IL 06 Sugarloaf Boulevard Bridge Replacement (Bridge#904153). U) 2. SCOPE OF SERVICES: The Consultant will complete construction plans, specifications and permit applications for the Sugarloaf Boulevard Bridge Replacement (Bridge#904153). The existing bridge is a three span AASHTO Type II Beam bridge supported by intermediate pile bents in the canal and slope embankment above the vertical face canal walls. The proposed replacement will be a phase constructed, single span Florida-I 36" Beam Bridge with end bent retaining walls and side slopes. The bridge typical section will accommodate two 11' travel lanes with 2.5' outside shoulders and a 5' sidewalk on the west side to accommodate pedestrian traffic. The approximate span length with be 95'. The original channel width of 75'will be restored and a vertical sand cement bulkhead wall will be constructed along the north side > of the channel, similar to the existing sand cement wall on the south side of the channel. The approach 0. roadway alignment and profile will be adjusted as necessary for the new bridge typical section. LO 3. SPECIFIC SERVICES • Environmental & Permitting: The Consultant will perform a field investigation within the project t3 right-of-way (ROW) to identify wetlands and protected species. The Consultant will prepare a report summarizing the results of the field investigation. This report will be used to coordinate with environmental regulatory and resource agencies during the permitting phase of the project. The Consultant will prepare permit applications (or applicable exemption notices) for the South 19 Florida Water Management District (SFWMD), the U.S. Army Corps of Engineers (USACE), and the U.S. Coast Guard (USCG). It is anticipated that construction of the proposed structures will meet the requirements of a SFWMD General Permit or exception and that a Stormwater Pollution Prevention Plan (SWPPP) will not be required. The proposed replacement structure is also anticipated to meet the criteria of a Nationwide Permit(most likely a NWP 3,Maintenance, or NWP 15, U.S. Coast Guard Approved Bridges) for the USACE, or be exempt from USACE 201 North Franklin Street,Suite 400 0 Tampa,Florida 33602 i Phone:(813)871-5331 w Fax(813)871-5135 Visit our web site at www.kisingiercanipo.com Packet Pg. 1039 C.37.c Kisinger Campo & Associates, Corp. permitting. The Consultant will prepare a U.S. Coast Guard USCG Bridge Permit application and submit it to the USCG for processing. The Consultant will coordinate with the Florida Keys National Marine Sanctuary (FKNMS) to obtain any required environmental clearance for the project from this agency.This Scope of Services is exclusive of any environmental mitigation for wetlands, mangroves, seagrasses, corals or protected species. Formal consultation with Federal resource agencies (USFWS and NMFS) and preparation of Endangered Species Biological Assessments (BAs) or evaluation of Essential Fish Habitat (EFH) are also not included. U) 0 • Drainage: The Consultant will analyze the existing drainage systems at the bridge location and > (n will design proposed systems for the new bridge replacement. It is anticipated that bridge drainage will be provided with scuppers, similar to what is currently in place. E • Bridge Hydraulics: The Consultant will provide a Bridge Hydraulic Memorandum showing the IL 06 result of the existing and proposed hydraulic analysis at the bridge location. A scour analysis and Bridge Hydraulic Recommendation Sheet (BHRS) will be provided. °U) • Roadway: The roadway design may require a new longitudinal grade due to the increased structural depth required to span the canal. This will result in revised roadway profiles and cross sections. It is assumed the horizontal alignment will be shifted slightly to the west as a result of the phased construction. The Consultant shall provide roadway plan/profile, cross section, maintenance of traffic plan and any necessary detail sheets. For a detailed list of roadway plan sheets, see the attached Staff Hour Estimation Forms. The Consultant shall also prepare detailed quantities and construction cost estimate. 0 Remaining effort includes time for meetings, coordination and quality control reviews. - 0 • Structural: The Consultant will prepare a Bridge Development Report(Memo)to determine the CL CL most cost effective bridge replacement solution. After county approval of the recommended < LO bridge concept the consultant will begin production of final construction plans, quantities, cost 17 estimates, and specifications for the bridge replacement and associated walls. It is anticipated v that the structure will be comprised of reinforced/prestressed concrete components and be similar in overall geometry in an effort to minimize roadway reconstruction and environmental U impacts. For a detailed list of structural design efforts and anticipated plan contents, see the attached Staff Hour Estimation Forms. • Utility Relocation: The Consultant will perform a utility search in the vicinity and complete 19 U) plans for utility relocation efforts. • Survey: The Consultant, through our sub-consultant, will provide a topographic survey of the t3 areas surrounding the referenced bridge as detailed in the attached survey staff hour sheets of services. • Geotechnical: The Consultant, through our sub-consultant, will perform geotechnical studies 201 North Franklin Street,Suite 400 0 Tampa,Florida 33602 i Phone:(81' )871- 1♦Fax(813)871-5135 Visit our w lb ite at www.kisingiercanipo.com Packet Pg. 1040 C.37.c Kisinger Campo & Associates, Corp. in accordance with the attached sub-consultant scope of services. • Coastal Engineering: The Consultant, through our sub-consultant, will perform coastal engineering services in accordance with the attached sub-consultant scope of services. 4. FEE: 0 The total estimated lump sum design fee amounts to $398,496.69. This fee includes all KCA and sub- U) 0 consultants efforts,coordination,QA/QC and supervision. The fee estimate is based on hourly rates which > (n include our overhead. Our expenses were estimated separately and are not included in the lump sum fee estimate. Our total E estimated expenses amount to$8,625.50. Expenses will be itemized and submitted separately with each IL 06 invoice. For a breakdown of the lump sum fee, sub-consultants fees and estimated expenses see the following sheets. °U) Any post design services involving shop drawing review, materials review,site visits,and meetings are not included in this proposal. Post design services will be included under a separate post design task work order. cv The County will pay any required permit application fees. KCA will request that the county issue checks d for the fees when required. 5. SCHEDULE: A detailed schedule will be produced and submitted to the County after issuance of the Notice to Proceed. 0. Below is a preliminary schedule: CL LO Ir- • Preliminary Submittal—30% Roadway Plans, Bridge Development Report (Memo), Bridge Ir- Hydraulics Memo, Preliminary Geotech Report, Survey, Preliminary Cost Estimate - 16 weeks from notice to proceed • County Review-4 weeks • Final Submittal - 100%Construction Plans, Quantities, Cost Estimates and Permitting-20 weeks • County Review-4 weeks • Signed and Sealed Plans—Signed and sealed plans and specs—2 weeks 19 U) Total -46 weeks 201 North Franklin Street,Suite 400 0 Tampa,Florida 33602 i Phone:(813)871-5331 w Fax(813)871-5135 Visit our website at www.kisingiercanipo.com Packet Pg. 1041 C.37.c FEE SUMMARY SHEET TWO#2 - Sugarloaf Boulevard Bridge Replacement KCA FEE Roadway/Utility Coordination/MOT/SAPM $77,284.00 Drainage $7,736.00 Structures $214,242.00 Environmental Permitting $35,154.00 TOTAL $334,416.00 E SUBCONSULTANT FEE U) 0 Coastal Engineering- Intera $23,140.00 Cb SUE - Kieth and Associates $2,750.00 Survey- Kieth and Associates $18,980.00 U Geotech -Tierra South Florida $19,210.69 cv d TOTAL $64,080.69 TOTAL DESIGN FEE 0 TOTAL DESIGN FEE $398,496.69 LO ESTIMATED EXPENSES Project Manager(County Meetings, Coordination, Etc.) $2,400.00 Roadway $800.00 Structures $800.00 Environmental $1,244.00 Coastal Engineering- Intera $731.50 19 SUE, Survey- Kieth and Associates $2,225.00 Geotech -Tierra South Florida $425.00 TOTAL EXPENSES $8,625.50 Packet Pg. 1042 U1WWa8 v ua 'se Ua M Z 'ON'PUOWV 10 f Aoadd ) 9L®L ®0L ® 03X3 ®J8PJ0 31s - ON WOW43eUV v ti o Va. d rm . cc � � a 6 � � � � � � � � � � � � � � cy� a = m U o 0 0 0 0 0 0 0 0 0 0 0 0 O m 0 0 � Q (O Q N m E Z 0 Z+-' E U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 c o � m u c � m W u' o oml U - U U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o m u N w T LL U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � U E m O W z'u_ U z � a` ~ N r Q U W 0 0 0 0 0 0 0 0 0 0 Q ` N _ = W y m W < U _ p J m LO Z u N - - - - - - - - - - F LL N � f V F N z o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Q W> a U Z m Q N O O LL W (D N F J co U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O m u W _ � U a z- 0 0 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O N U - `o Z o 0 a MM N MN 00 0 � . . . . . . . . . . . . . . . a u F U � O LL LL W o U` Y O O O O O O O O O O O . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o LL -.y M � 3 N o Z a a a q v E LL W - o a < M o � < 00 00 � 0 . . . . . . . . . . . . . . . - o F 7 Woo o d ro o 0 0 0 0 0 0 0 0 0 0 0 0 0 m N Woo lo N U L m c 0 mw o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o � a� o m o a m m - ° o o rq E E o O o o O O O O O O O O O O O O o m o = E LL N o� n N co �n N - o 1E n = N zwo N 0 Im u y s m o c o U F O F o -o m` E m �i m ¢ E N o m m E o, a m ¢ E. 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C- r"t C) C) C) C) C) C) C) N � o O U) V N O a r S C) C`*MU C) C) C) C) C) r r c Z r N U) N N N N Q Q Q Q Q (n (n N c J W W W W W J J O m a Z c O Z E 0) d X c � U z co N �C c N N E H E T U) .O (n Co co co cn !1 E !^1 T i 0) LL L LL O L U m LO Co � L �_ � N O c O O O T O +� = 0 C"0 O i c O z J N O N cn 0 � E co `L° v co co co co E 06 cn E — = O O U N V V to c c 4 L W e N Cl Co O OL Q OL Q Q i .� O c/J C) C`') r N E U) D r N C) CO ti 00 . r r r r O +� H Z N N N N N N N N N N N N N N W u mlula 9 u @® ° u VOw z ° ° uauv 10 ! oj ddV) 9 b Z-0[ ' 0 X J8PJ0 31Se .VON :WOW 43e 2 T-k d a. \ a 7 / \ q CD -a « o \ \ U) \ § / a A y y t � \ \ § E k a 2 ■ tm _ � e m n £ d \ ~ A \ f �� ( § [ E § ƒ E ) _ § 7 k f / 7 t < \ ƒ \ E O m 3 � f ¥ Nt r = E \ \ \ m me jeopel3nSJOISOAS&r=a«ksGO'BuD VOM Z'ON'Pu9wVJO#ojd ,wZ-0e3#2jap ewe-VO,, mu G 2 3 / Ew m OK k wl - - w \\ �ww \\ uw 0 \0 \ �\�\\\ \ { \ \\ {�\ \\ \ \Uo u\ \ \ \ \ \ \ 16 \ § G :� I'l Ti, I'lI'l 11 {ff{ \ u\ \ b f k o ml \ ( { } ` ) E % \ rwl - E >o w _ - _ ! tml o cc wc ml o _ - E \§ § � - j / - \ ! \ /\ \ � o � § -\ cc ow zu E 0 / ! / \: i \ � ~ ) \ � §\) � k , ,\ : _\\ & / =0 10 - - _ k0 g ; _ | ) ! § - & : _ } _ _ /tf _ ! r.) :! : § ) \ § § i § ) \ / � $k � § § /)!{/ { C.37.c Sugarloaf Boulevard Bridge Design INTERA Incorporated August 2015 Co Co Introduction 4- The Sugarloaf Boulevard Bridge spans the canal bisecting Lower Sugarloaf Key,which connects Upper Sugarloaf Sound with Lower Sugarloaf Sound. Although these water bodies are only connected to the Atlantic Ocean and Gulf of Mexico through a series of small channels,island overtopping during 0 hurricanes provides an additional connection to the ocean during hurricane events. As a result, U) determining design water surface elevations and wave heights is complex and requires a sophisticated approach that accounts for all of the processes. Scope of Services CL To determine design water surface elevations and wave heights, INTERA will update an existing 06 ADCIRC model previously developed for the FDOT to estimate the design hydraulic and wave as parameters for all the US-1 bridges in the Keys. For that study, INTERA (operating as OEA Inc. at the time) developed and calibrated an ADCIRC Model to hindcast all the hurricanes and tropical storms that �s C have affected the Florida Keys between 1850 and 2004. For this study, INTERA will modify the existing model mesh to increase the resolution at the bridge. Model boundary conditions will consist of hurricane wind and pressure fields obtained from the historical hurricanes (1850 to 2004). To do this, INTERA will N identify which of the historical hurricanes produced winds closest to the 100-year conditions at the bridge, z and scale the wind speeds to produce the 50-, 100-, and 500-year events. Those three sets of hurricanes -6 wind fields will provide the boundary conditions to determine the design water surface elevations and E waves at the bridge. Model results will provide the inputs to determine wave crest elevations and to Q 4- calculate wave forces if necessary. c A Bridge Hydraulics Report(BHR) suitable for submittal to the FDOT will document all procedures, CL methodologies, calculations, and results performed in support of this work. Additionally, INTERA will CL provide the hydraulic and scour information for the Bridge Hydraulic Recommendation Sheet(BHRS). LO N Task 1. Data Collection INTERA will collect recent publicly available bathymetry, design flood elevations, and design wind speeds near the bridge to assist in model modification and development of boundary conditions. This task as includes determination of the 100-year wind velocity magnitude from ASCE 07,identifying the appropriate Hurricane for scaling, and developing the scaled 50-, 100-, and 500-year wind and pressure � fields for the model boundary conditions. Task 2. Hydraulic and Wave Modeling INTERA will adapt an existing calibrated Keys SWAN+ADCIRC model to include increased resolution C at the project location. The model will incorporate any recent survey identified in the data collection task. E The updated model will simulate the three scaled hurricanes to produce the 50-, 100-, and 500-year events Packet Pg. 1070 C.37.c at the bridge location. Model output provides the hydraulic parameter associated with the 50-, 100-, and 500-year events and the wave climate associated with the 100-year event. Task 3. Engineering Analysis 4- INTERA will employ results from the modeling and techniques outlined in the FDOT Scour Manual as well as FHWA's HEC-18 to calculate scour at the bridge. Additionally, INTERA will employ the methodologies outlined in AASHTO's Guide Specifications for Bridge Vulnerable to Coastal Storms to cas compute the maximum wave heights along the bridge centerline and if the superstructure low chord is 0 within the wave crest calculate wave forces on the superstructure. U) Task 4. Report INTERA will prepare a Bridge Hydraulics Report(BHR) suitable for submittal to the FDOT documenting all procedures, methodologies, calculations, and results performed in support of this work. a Additionally,INTERA will provide the hydraulic and scour information for the Bridge Hydraulic 06 Recommendation Sheet(BHRS). r, U) Task 5. Meetings, Coordination and QAQC w This task includes meetings with the Prime Consultant and coordination efforts during INTERA's �3 involvement with the project. This task also includes Quality Assurance/Quality Control activities. N d 4- 0 0 LO N 19 U) Packet Pg. 1071 C.37.c 0 Budget a� Labor 4- Staff Hour Estimate by Classification CD Principal Sr. Sr. Engineer/ Engineer/ Engineer/ Engineer/ Total Task Scientist Scientist Scientist Scientist Hours Total Cost ,U) II I IV I $205.00 $ 175.00 $ 130.00 115.00 Task 1 0 0 4 24 28 $3,280.00 Task 2 1 4 0 52 57 $6,885.00 Task 3 0 8 0 22 30 $3,930.00 06 Task 4 1 8 2 36 47 $6,005.00 U) Task 5 8 8 0 0 16 $3,040.00 Totals 178 $23,140.00 negotiated rates for 2014. w U cv ODC's c Item Quantity Unit Cost Cost - Mileage 3.0 $105.00 $315.00 0 Fuel 2.0 $50.00 $100.00 CL CL Hotel 1.0 $210.00 $210.00 Meals 2.0 $53.25 $106.50 17 "e Total $731.50 Total Project Cost= $23,871.50 w x 19 U) Packet Pg. 1072 301 EastAflantic Bmilevard Pompano Beach,Florida 33060-6643 c o n s u I i n g e n g i n e o r s Tet 954-788-3400 Fax, 954-788-3500 August 18, 2015 Jason LaBarbera, PE Project Engineer Kisinger Campo&Associates Corp. One Tampa City Center 0 201 N. Franklin Street, Suite 400 4- U) 0 Tampa, FL 33602 > Phone 813-871-5331, Ext. 4117 (n Email ,Jason.11 alBairbeira(. kisi �eirca ....................................................................................................................... E IL 06 RE: Agreement for Professional Services r- Project Name: Sugarloaf Boulevard Bridge Replacement- Bridge Number 904153 LM U) Project Location: Summerland Key Our Project/Proposal Number: 08601.M0 (0.01) W Dear Mr. LaBarbera: cv In accordance with your request and subsequent discussions between members of our association and yourself, this agreement between Keith & Associates, Inc. ("CONSULTANT"), and Kisinger Campo &Associates Corp. ("CLIENT") for professional services is submitted for your consideration E and approval. Such receipt shall constitute written notice to proceed. < 4- 0 0 I. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION The purpose of this Agreement is to outline the scope of services recommended by CONSULTANT LO T- and accepted by CLIENT, and to establish the contractual conditions between CONSULTANT and CLIENT with respect to the proposed services. W 111. SCOPE OF SERVICES X W Section 1 - Engineering Services 0 19 U) Not a part of this Agreement. Section 2- Planning Services Not a part of this Agreement. E Section 3- Surveying Services Not a part of this Agreement. Packet Pg. 1073 C.37.c August 18,2015/Page 2 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 Section 4— Landscape Architecture Services Not a part of this Agreement. Section 5—Subsurface Utility Engineering (SUE) Services Keith and Associates (CONSULTANT) appreciate the opportunity to provide SUE/Survey services on this very important project. CONSULTANT will follow ASCE Standard 38-02 — "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data" during > the field and office operations for this project. The quality levels discussed below are defined within the standard. CONSULTANT is to provide professional services associated with designation of existing subsurface utilities .CONSULTANT shall designate all known tone able and non-tone able utilities 400' north and south of the bridge within the apparent right of way (+/-50' from 0 the centerline) IL Task 001 Horizontal Designation Services - (Quality Level `B') CONSULTANT will horizontally mark any known tone able and non toneable underground utilities that are represented on as-built plans, above ground appurtenances, and other miscellaneous utility records (to be provided by CLIENT). Conductive utilities will be marked on the surface utilizing active geophysical prospecting techniques in conjunction with N electromagnetic equipment utilizing passive radio and audio frequencies. Known non- conductive utilities and/or structures will be marked on the surface utilizing 2-d radar, above ground features, professional judgment, utility plats and/or as-builts. This proposal does not E include identifying gravity systems, service laterals, irrigation or overhead facilities. 0 The Lump Sum Fee for this Task shall be......................................................$2,750.00 CL Technical Limitations CL LO Services will be provided with due diligence and in a manner consistent with standards of the subsurface utility locating industry. Every reasonable effort will be made to locate all utility systems of interest whether indicated on y record plans available to us or not. However, no guarantee can be made that all existing utility systems can be detected, located or exposed. It may not be possible to detect utilities without prior knowledge, such as systems that are not depicted on record prints available to us. Typically the horizontal location effort will include electromagnetic induction, power source detection, and ground penetrating radar (GPR). Electromagnetic induction is a method in which a transmitted signal is applied to a metallic target.As long as the target is metallic and unbroken, the target can be traced and a receiver at the surface is used to detect the transmitted signal. If the signal cannot be applied directly to the target, induction may be produced from the surface. In this scenario bleed-off of the transmitted signal to an adjacent facility is possible, sometimes resulting in erroneous information. PVC, HDPE, concrete pipe and other non -19 - metallic facilities cannot be located by electromagnetic methods. Power source detection is a technique used to locate naturally occurring magnetic fields that exist around cables while generating a signal (electric, telephone, CA TV for example). Ground penetrating radar(GPR) is available to assist in locating non-metallic utilities and other facilities that are unidentifiable using traditional electromagnetic techniques. The accuracy of these techniques is subject to the limitation of the available technology and certain factors and field conditions beyond our control, such as the size, depth and conductivity of the target, the site conditions and access, soil conditions, depth to water table and the existence of adjacent buried materials and debris. The targeting of subsurface utilities, although highly reliable, is expressly understood to represent an approximate location of the facility marked on the ground surface. Facilities located from the surface are usually found within two feet of the surface mark. Once a possible facility has C.37.c August 18,2015/Page 3 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 been located from the surface, vacuum excavation services should be used to visually verify and to provide the accurate horizontal location and vertical measurements (a test hole). Vacuum excavation techniques are used to provide a cost-effective service that causes minimal disturbance to the site, the utility, vehicle traffic, and is acceptable to the permitting agencies. The reporting of a negative result(no facility found) should not be used as a co 4- positive determination that the subject area is clear of all facilities or that the facility does not exist. CLIENT shall hold M 0 harmless and indemnify Keith and Associates, Inc. (K&A) against any losses as a result of limitations within the equipment, but not against negligence on the part of K&A. Use of this service does not relieve interested parties from CD their responsibility to make required notification prior to excavation, nor does it relieve utility owners of their 2 responsibility to mark the location of their facilities. K&A will not be responsible for damage caused by others. K&A will not be responsible for utilities that cannot be located with the equipment and techniques provided, or those U) located underneath other utilities. If records research is not part of the scope of services, the utility owner's marks will > be used to identify the utility. K&A will not be responsible for correcting mistakes made by other locators. Where CD vacuum excavation services are used and no utility is found at the mark provided by the utility at a depth of 5 feet, the excavation will be backfilled, referenced and invoiced as one test hole. E Subsurface Utility Engineering Conditions and Understandings a. 06 - The utility markings are for design purposes only. The Florida One Call must be notified forty- aM eight (48) hours in advance of any excavation. CONSULTANT will not access confined spaces. If confined spaces need to be accessed for locating purposes then the client will be notified and further arrangements will be made for said access. Additional fees may be applicable. cv If Due to traffic conditions additional MOT is required and is beyond the capability of CONSULTANTS standard MOT operations, CONSULTANT will notify client and provided and additional fee for the MOT operation. E 4- Additional requests outside the scope of services, when requested by client and/or client's representative, will be invoiced on an hourly basis. 0 This proposal assumes site access is available and work can be performed between the hours of 7:30 AM and 5:00 PM Monday through Friday. LO `L cv CONSULTANT'S TOTAL LUMP SUM FEE.........................................................$2,750.00 Section 6-Additional Services The undertaking by CONSULTANT to perform professional services defined within this Agreement extends only to those services specifically described herein. No other services, whether they may be interpreted as related, incidental or implied, shall be considered to be included in the scope of 19 work of this proposal. If upon request of CLIENT, CONSULTANT agrees to perform additional services hereunder, CLIENT shall be obligated to pay CONSULTANT for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with CONSULTANT'S current professional fee schedule, plus reimbursable expenses as incurred by CONSULTANT, unless a lump sum addendum to Agreement is executed by the parties to this Agreement which addresses the additional services. ca n C.37.c August 18,2015/Page 4 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 Additional services shall include revisions to work previously performed that are required due to a change in the data or criteria furnished to CONSULTANT, a change in the scope or concept of the project initiated by CLIENT, or services that are required by changes in the requirements of public agencies after work under this Agreement has commenced. If the preceding scope of services includes public agency permitting, our quoted fees/hours include services to respond to the agency's first RAI (Request for Additional Information). Additional agency requests or requirements shall be considered an increase to our scope of services. 4- U) III. COMPENSATION A). Payments and Invoicing: E Invoices will be submitted by CONSULTANT to CLIENT monthly for services performed and a. 06 expenses incurred pursuant to this Agreement during the prior month. Payment of such invoice will be due upon presentation. CONSULTANT'S standard invoice format shall apply and such L format shall be acceptable to CLIENT for payment, unless otherwise agreed to in writing a hereunder. Invoices shall be submitted monthly based on a percentage completed for lump sum contracts. On a Time and Material contract, invoices shall be submitted in accordance with our current professional service fee schedule as seen on "Exhibit A" attached. In the event of any dispute concerning the accuracy of content of any invoice, CLIENT shall within seven (7) days from the date of said invoice, notify CONSULTANT in writing stating the exact nature and amount of the dispute. Any invoice that is not questioned within seven (7) days shall be deemed due and payable. In the event an invoice or portion of an invoice is disputed within seven (7) days, CLIENT shall be obligated to pay the undisputed portion of the invoice as set forth in below. If CLIENT fails to make any payment due to CONSULTANT for services and expenses within thirty (30) days from the date of invoice, CONSULTANT may, after giving seven (7) days written notice to CLIENT, apply the retainer to the unpaid balance of the account and/or LO suspend services under this Agreement until the account has been paid in full. There will be a fee charged for suspended work, which will be negotiated when work is resumed. In the event any invoice or any portion thereof remains unpaid for more than forty five (45) days following the invoice date, CONSULTANT may, following seven (7) days prior written notice to CLIENT, initiate legal proceedings to collect the same and recover, in addition to all amounts due and payable, including accrued interest, its reasonable attorneys' fees and costs. The invoices referenced above, will be sent in accordance to the information as reflected on 19 the"Billing Information Form" attached hereto. PAYMENT DELAY: If the CONTRACTOR has received payment from the OWNER and if for any reason not the fault of Keith and Associates, Inc.(the SUBCONTRACTOR) does not receive a progress payment from the CONTRACTOR within seven (7) days after the date such payment is due; the SUBCONTRACTOR, upon giving an additional seven (7) days written E notice to the CONTRACTOR, and without prejudice to and in addition to any other legal 0 remedies, may stop work until payment of the full amount owing to the SUBCONTRACTOR C.37.c August 18,2015/Page 5 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 has been received. The Subconsultant Amount and Time shall be adjusted by the amount of the SUBCONTRACTOR'S reasonable and verified cost of shutdown, delay and startup, which shall be effected by an appropriate Subcontractor Change Order. 4- B). Reimbursable Expenses: CONSULTANT shall be reimbursed for direct charges as itemized in "Exhibit B". For those out-of-pocket expenses directly chargeable to the project but not itemized in "Exhibit B", CONSULTANT shall be reimbursed at actual cost incurred, plus a 10% carrying charge. U) IV. PROVISIONS RELATIVE TO THE SERVICES RENDERED A). Re-use of Documents: 06 All original documents, including, but not limited to, drawings, sketches, specifications, maps, as-built drawings, reports, test reports, etc., that result from CONSULTANT'S services aM pursuant or under this Agreement remain the sole property of CONSULTANT and are not a intended or represented to be suitable for re-use by CLIENT or others. CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions, deletions, changes or revisions shall be made to same without the express written consent of CONSULTANT. Any re-use without written verification of adaptation by CONSULTANT mandates that CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out E of or resulting there from. 0 Photographs of any completed project embodying the services of CONSULTANT provided hereunder may be made by CONSULTANT and shall be considered as its property, and may be used for publication. LO B). Performance: N CONSULTANT shall not be considered in default in performance of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God or government, labor disputes, failure or delay of transportation or by subcontractors, or any other similar cause or causes beyond the reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder shall be extended by time period reasonably necessary to overcome the effects of such force majeure occurrences. 19 C). Professional Standards: M All work performed by CONSULTANT will be in accordance with its professional standards and in accordance with all applicable government regulations. CONSULTANT will exercise its best efforts to obtain all governmental approvals contemplated under this Agreement. However, CONSULTANT does not warrant or represent that any government approval will be obtained. Unless the Scope of Services of this Agreement includes an investigation into the applicable C.37.c August 18,2015/Page 6 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 land use, zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that the Project as presented by CLIENT, is in accordance with all applicable governmental regulations. 4- D). Opinions of Cost: Since CONSULTANT does not have control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding, or market conditions, any and all opinions as to costs rendered hereunder, including, U) but not limited to, opinions as to the costs of construction and materials, shall be made on the > basis of its experience and qualifications and represent its best judgment as an experienced and qualified CONSULTANT, familiar with the construction industry. CONSULTANT cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If, at any time, CLIENT wishes greater assurance as to the amount of any cost, CLIENT shall employ an independent cost estimator to make such determination. Engineering a. 06 services required to bring costs within any limitation established by CLIENT will be paid for as additional services hereunder by CLIENT. L If the services under this Agreement continue for a period of more than one (1) year from the notice to proceed, CONSULTANT shall be entitled to renegotiate the terms of this Agreement. CONSULTANT shall not be bound under this Agreement if modifications to the terms contained herein are made without the written consent of CONSULTANT (such consent to be signified by CONSULTANT'S initials next to each modification, and if a fully executed copy hereof is not received from CLIENT by CONSULTANT on or before sixty (60) calendar days from the date of execution by CONSULTANT. E). Termination: 4- 0 This Agreement may be terminated by either party upon seven (7) days written notice in event of the substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. For the purpose of this Agreement, the failure to pay any invoice submitted by CONSULTANT within sixty (60) days of the date of said LO invoice, shall be considered a substantial failure on behalf of CLIENT. In the event of any termination, CONSULTANT shall be paid for all services rendered to the date of termination including all reimbursable expenses. F). Liability: CONSULTANT is protected by Workmen's Compensation Insurance, Professional Liability Insurance and by Public Liability Insurance for bodily injury and property damage and will furnish certificates of insurance upon request. CONSULTANT agrees to hold CLIENT 19 harmless from loss, damage, injury or liability arising solely from the negligent acts or omission of CONSULTANT, its employees, agents, subcontractors and their employees and agents, but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance coverage, CONSULTANT will, if specifically directed by CLIENT, secure additional insurance obtained at CLIENT'S expense. CLIENT agrees that CONSULTANT'S aggregate liability to CLIENT and all construction and professional contractors and subcontractors employed directly or indirectly by CLIENT on the C.37.c August 18,2015/Page 7 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 Project, due to or arising from CONSULTANT'S services under this Agreement or because of the relation hereby of CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to CONSULTANT'S total fees under this Agreement or $50,000.00 whichever is greater. In no event shall CONSULTANT be liable for any indirect, special or 4- consequential loss or damage arising out of the services hereunder including, but not limited to, loss of use, loss of profit, or business interruption whether caused by the negligence of CONSULTANT or otherwise. 0 CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity U) employed directly or indirectly by CLIENT in the project for damages of any kind from services > rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of CONSULTANT. E G). Litigation: a. 06 r_ In the event litigation in any way related to the services performed hereunder is initiated L between CONSULTANT and CLIENT, the non-prevailing party shall reimburse the prevailing a party for all of its reasonable attorney's fees and costs related to said litigation. V. CLIENT'S OBLIGATIONS: N d CLIENT shall provide CONSULTANT with all data, studies, surveys, plats and all other pertinent information concerning the Project. CLIENT shall designate a person to act with authority on CLIENT'S behalf with respect to all aspects of the Project. CLIENT shall be responsible for all E processing fees or assessments required for the completion of the Project. CLIENT shall provide CONSULTANT access to the Project site at reasonable times upon reasonable notice. 0 VI. GENERAL PROVISIONS: LO A). Persons Bound by Agreement: N The persons bound by this Agreement are CONSULTANT and CLIENT and their respective partners, successors, heirs, executors, administrators, assigns and other legal representatives. This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either party without the prior written consent of the other party, such consent not to be unreasonably withheld. Nothing contained herein shall be construed to prevent CONSULTANT from employing such independent consultants, associates and sub- consultants as CONSULTANT may deem appropriate to assist in the performance of the 19 services hereunder. Nothing herein shall be construed to give any rights or benefits arising from this Agreement to anyone other than CONSULTANT and CLIENT. B). No Waiver or Modifications: No waiver by CONSULTANT of any default shall operate as a waiver for any other default or E be construed to be a waiver of the same default on a future occasion. No delay, course of 0 dealing or omission on the part of CONSULTANT in exercising any right or remedy shall C.37.c August 18,2015/Page 8 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 operate as a waiver thereof, and no single or partial exercise by CONSULTANT of any right or remedy shall preclude any other or further exercise of any right or remedy. This Agreement, including all requests for additional services placed hereunder, express the 4- entire understanding and agreement of the parties with reference to the subject matter hereof, and is a complete and exclusive statement of the terms of this Agreement, and no representations or agreements modifying or supplementing the terms of this Agreement shall be valid unless in writing, signed by persons authorized to sign agreements on behalf of both parties. U) C). Governing Laws or Venue: This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Florida. Venue for any litigation shall be Broward County, Florida. 06 - VII. CLOSURE L If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please execute the agreement in the space provided and return same to the undersigned with the required retainer and completed billing information form. We appreciate the opportunity to submit our proposal. Dan Checchia has been selected to serve as project manager. Please contact Mr. Checchia or myself if you have any questions. IN WITNESS WHEREOF, CONSULTANT and CLIENT have executed this agreement the day and E year indicated below. 0 As to CONSULTANT As to CLIENT Keith &Associates, Inc. Kisinger Campo&Associates Corp. Consulting Engineers LO N Dodie Keith-Lazowick Client: President Title: DATED: DATED: 19 U) C.37.c August 18,2015/Page 9 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 ° EXHIBIT A PROFESSIONAL SERVICE FEE SCHEDULE Hourly Rate 01 Administrative Assistant................................................................................................$50.00 11 CADD Technician ..........................................................................................................$80.00 15 Senior Technician ..........................................................................................................$90.00 0 4- 30 Associate Planner..........................................................................................................$90.00 32 Senior Planner (AICP) $115.00 33 Landscape Designer......................................................................................................$80.00 34 Senior Landscape Designer.........................................................................................$100.00 35 Landscape Architect (RLA) .........................................................................................$110.00 a. 36 ISA Certified Arborist ...................................................................................................$110.00 50 Project Engineer ..........................................................................................................$100.00 51 Senior Project Engineer...............................................................................................$115.00 52 Professional Engineer (PE)..........................................................................................$120.00 53 Junior Field Inspector..................................................................................................$75.00 54 Field Inspector/ Representative....................................................................................$90.00 60 Project Manager...........................................................................................................$125.00 61 Senior Project Manager...............................................................................................$150.00 70 Principal .......................................................................................................................$200.00 72 Expert Witness Testimony...........................................................................................$250.00 0 76 BIM Modeler.................................................................................................................$125.00 77 GIS Specialist ..............................................................................................................$100.00 78 Project Surve or $95.00 Y 0 J 79 Senior Project Surveyor...............................................................................................$110.00 80 Professional Surveyor & Mapper (PSM). .....................................................................$120.00 LO 81 Survey Party (2) Person...............................................................................................$100.00 17 82 Survey Party (3) Person...............................................................................................$125.00 83 Survey Laser Scanning................................................................................................$125.00 85 Survey Party w/Watercraft...........................................................................................$160.00 90 Utility Crew Supervisor...................................................................................................$70.00 91 Utility Locating Technician .............................................................................................$60.00 92 Utility Project Manager.................................................................................................$100.00 93 Utility Project Engineer.................................................................................................$125.00 94 Utility CADD Technician.................................................................................................$80.00 U) 95 Utility Field Technician...................................................................................................$40.00 96 Utility Designating/GPR (2) Person..............................................................................$200.00 97 Utility Locating (3) Person............................................................................................$250.00 103 Vacuum Excavation Test Hole (Pervious Surface).......................................... $350.00/Each 104 Vacuum Excavation Test Hole (Impervious Surface) ...................................... $400.00/Each Effective 08/01/07 ca n C.37.c August 18,2015/Page 10 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 ° EXHIBIT B Direct Expenses Cost per Unit Photographic Copies 0 Color Copies U) a) 8.5" x 11" $ 1.00 b) 8.5" x 14 or 11"x 17" $ 2.00 c) 24"x 36" $18.00 Black & White Copies a) Any Size up to 11"x17" $ 0.15 b) 24"x 36" Blackline $ 2.00 c) 30" x 42" Blackline $ 2.00 U, d) 24"x 36" Mylar $15.00 a Laminating/Transparency Film Covers $ 2.00 Display Boards Mounted (Foam) 30"x 40" $42.00 d Mounted (Foam) 40"x 60" and larger $70.00 3 Ring Binders 1" $ 1.00 Dividers (Tabs) Set of 10 $ 0.80 Acco/GBC Binding $ 1.50 0 Facsimiles $ 2.00 Overnight Packages per service Courier & Delivery Services per service LO Postage: 1st Class Current US Postal rate Mileage: $ 0.50 / mile Any other expenses will be billed at cost plus 10% carrying charge. "NOTE: Typical other reimbursable expenses include travel, lodging, and meals when traveling on -19 CLIENT'S behalf, identifiable communication expenses, all reproduction costs, and special accounting expenses not applicable to general overhead. �s Effective 08/01/07 ca n C.37.c August 18,2015/Page 11 of 11 Sugarloaf Boulevard Bridge Replacement-Bridge Number 904153 Project Number 08601.M0 a BILLING INFORMATION FORM PROJECT NAME: PROJECT ADDRESS: SUBDIVISION NAME: 0 4— LAND OWNER: U) OWNER ADDRESS: OWNER PHONE NO.: ( ) OWNER CELL PHONE NO.: ( ) E-MAI L: 06 r- LM U) JOB SITE SUPERINTENDENT: JOB SITE PHONE: PURCHASE ORDER#: `14 d INVOICE: E Company Name ATTN: > 0 Name Title COMPANY ADDRESS: LO Ir- `L Street Address/Post Office Box Irs N City/State/Zip Code PHONE: ( ) Area Code/Number FAX: ( ) 19 U) Area Code/Number SPECIAL BILLING INSTRUCTIONS: U1WWa8 v ua 'se Ua M Z 'ON'PUOWV 10 f Aoadd ) 9L®L ®0L ® 03X3 ®J8PJ0 31s ® ON WOW43eUV v ti o CM r U ai a m W 99 0 0 DEL .. � 0 N N li I., cn m C N p ) O a. 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N N H W F LL U H o ~ U - v v 0 = a z 0 a ❑ z z z w w m w w U a m p? ~ N U U U U U U w O 0 lUl W Z fA S C7 Q N O J m c N o 0 0 Z �n F» O y ` U 00 I 1 G' U - u N w I Z O E O y0 U- 0 to O d o 0 0 m U W c F T N O F W ~ A 6 03 °3 Z m On mo U Sz U 2 0 0 o a_ a_ a o E lO o N U LL y W W ',.W '_' W LL o LL a2J ❑ U ❑ G W W' M � ooi Z 10 - of U N W W W a J 0 0 — W J K `O O m H F lLL w H a� '� m a o o O = Q Z Oof . W W m W a U a m m N o o > > 0-fA .. in 0..lUl W(A m o E o o I' € `m o }9 2('ELL o o F o m Fix o - o c Z c O v .y 1/ 10 C) r N O N =U < m N N Olo m F w o LL m a _ _ 0 o Z o Q o o Z o z a r'n a c7 m O a Z U LL LLNININIRIn U1WWa8 v ua 'se Ua M Z 'ON'PUOWV 10 f Aoadd ) 9L®L ®0L ® 03X3 ®J8PJ0 31s ® ON WOW43eUV co ti o CM r U ai a m �o � Q Q a Z z 0 0 d n n W 0 D D m 0 z O > n n Z F y W W Q O co a o nF nF z p t o m Z Z Z Z w K : ~ O O m O a O a z z 0 w a a in 0 �I �Ir Q O 0 U) U Fz Fz (7 U O z Ir OU� OU C) Uo K Y > > x w U K Ir W LL W Q Q W W S :5 : Q IrW K K a a Ir N N Q W S S U m O m m Q Q U) U) U U w w 0 a = O O O O O o 0 0 0 > > o 0 0 0 0 0 � o 0 o in o 0 0 0 0 0 N _U O N C R 00 n m r y � O O U) M N '6 0 i O O O O O O O O O O in O O O O O O d 0. 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W S al O w Ji 0 lu C) > U)I i::: j.�'. O Kr.......ry ,,, of O U):u a W z O w� =Q �0 O w w z 0 a > > o 2= O U O N C R C C 00 O O II a a a o o N U N O in in m N O ` d ` A2 � (n II U M O O O O a o m S n a O U) ~ m Nc � a N a V i N C 77 O p O O N a N U N O N O 3 m i m m E LL =O LL LL � S �p N U p o o y `m E u B U � ` a m ud ud ud o 0 0 0 0 0 p N t6 i i w ii p U U p _ m R y p N O O r O c t N r U U U U N W W W W W W W W W O C r a m O15 N U r C o U o rn c F c °1 ink O (N w V] Nn U � O yC C N l0 y 2 .`- OL E Yp t d m o m o o `� o o m Q Uo o > E F > o ro o m E o oc10i Q - m o U o U Y coi o ? - y. Z -c-o c E o in o o o o t .� o o `o .o 3 E m L I o' _ a o a� o �- o m m o o o c o o K U 0 LL F O (� U F Y w z> ii O N a s F z O LL 6 N N N N N N N N N N N US t6 F LL LL F V) Z d �r (n N C.37.c TIERRA SOUTH FLORIDA,INC. SUGARLOAF BRIDGE MONROE COUNTY,FLORIDA 0 . co Unit #of Units Unit Price Total 4- M Truck Mounted Equipment Unit 1 $ 350.00 $ 350.00 Mob Between Holes Each 1 $ 150.00 $ 150.00 SPT Borings(truck) (n 2 0-50 ft depth Foot 100 $ 14.50 $ 1,450.00 50-100 ft depth Foot 70 $ 17.75 $ 1,242.50 Grout(truck) 0-50 ft depth Foot 100 $ 6.50 $ 650.00 50-100 ft depth Foot 70 $ 8.00 $ 560.00 E Casing(truck) IL 0-50 ft depth Foot 100 $ 8.00 $ 800.00 06 50-100 ft depth Foot 70 $ 9.75 $ 682.50 Extra Split Spoon Samples 0-50 ft depth Each 16 $ 42.00 $ 672.00 50-100 ft depth Each 14 $ 48.00 $ 672.00 Rock Coring 0-50 ft depth Foot 10 $ 68.50 $ 685.00 O Flagmen&Barricades(2 man crew) Day 1 $ 900.00 $ 900.00 Arrow Rental Sign Day 1 $ 106.69 $ 106.69 4- Natural Moisture Content Tests Each 4 $ 10.00 $ 40.00 O Grain-Size-Full Each 4 $ 65.00 $ 260.00 L_ Organic Content Tests Each 2 $ 50.00 $ 100.00 91 91 Environmental(Corrosion)Tests Each 2 $ 120.00 $ 240.00 Rock Compression Test Each 2 $ 110.00 $ 220.00 LO cd Principal Engineer Hour 4 $ 150.00 $ 600.00 Senior Engineer Hour 13 $ 125.00 $ 1,625.00 Project Engineer Hour 45 $ 100.00 $ 4,500.00 Senior Technician Hour 30 $ 75.00 $ 2,250.00 CADD Hour 7 $ 65.00 $ 455.00 TOTAL = $ 19,210.69 19 4i O Packet Pg. 1089 U1WWa8 v ua 'se Ua M Z 'ON'PUOWV 10 f Aoadd ) 9L®L ®0L ® 03X3 ®J8PJ0 31s ® ON : t OW43 rn ti o CM r U ai a) O a 0 m m � co a O L m `^� ) VJ CD E O U _ rn C O O O O O O O O O O O O O O CD CD O O 0 O x O _ x C> ._ � to O = O O C> Z D 4) O 0 0 0 0 4) c c c O c C� 0 0 C 0 O O O0 O YE 0� � � OQ Q Q Q Q U) U) L M p W U W W W O O J O p W O p W r > J O O O o E O O O U O uJ r r r r V Q O COO C> CO Q 0 .O ZZ (n U) a o 0) LL U L T CO CEO O (n CO m O �C ?j 0 p Q CEO c CO CO CO C N > U � C O � CO to m Q a) U X ~ � O CO c�c a) p O J L G co L .2 � 1 co O CL 0) (n p "' cO U L co U O to co to p N (1) m Up mO C a) Op O O N_0 p LL CO CO a) a) CLO 2 2 � U > i (n (n (n 0 O CO to CO L "' O Y �_ O �_ + O U .� C0) CO N a) C C U 0 `� C (n U Co C moOOm COQ 3: Cn J OO 0 CO (nCL m c c m O Op Co CO U O v0) � o Om U OQ ' — c O O a) O p O O O C UO O a) O a) — (n L Q (n U Q 0- (D U U) (n 0- C) W LI (n Q W O O 0 CEO �C r N CO CO ti 00 (� O r N co Nt LC) cc I-- 00 O ran) (n 0 r r r r r r 7 7 7 - v U1WWa8 v ua 'se Ua M Z 'ON'PUOWV 10 f Aoadd ) 9L®L ®0L ® 03X3 ®J8PJ0 31s ® ON 4u8w43 rn ti o CM r U ai a m a r c m E E o O U � r C) 'L O Lo ^� Co VJ Q N N i C o 0 0 0 0 o CD N N CO o o r co co N o CO r Nt 0 O 2 u! r r O _ 2 � C> Z D v � N O O N 0 0 0 N �p O O O O O O M C J J J W J i= Q Q Q O 4- 4- 4- Q O W C) W W O O O W � � � 04 0 o m O a.+ o o C J o 0 0 co r r o 0 o m m m •� r r r V Q � ++ O C> Co G) O o 0 co d N Co O CCS C i co W t3 77DQ N C +L o i L U) c EC E E L L O N O 'oO m O co C U U) t3 O U) U) C N N U) L M L.L ZZ O U C Q N O O CLCS Y Q Co .= U N 0) CU O 0) N SZ (n >O CL m Q N a E (n 1 L U N "�_ p > CL �O o (n CCS m E c Co z� O �, > E co o M Co 0 0 m - O cn O O O o cLo = m W c 0 iL O c_n v 0) O O >, � � O �� p (D o U O L LL Q o cm N L U U 0 O O O C= C CCS O- O L i O Co Co O c O m Co Co c co O 7 a+ N QO > CL � OO O — OO —O N U UU a- U- Q n to Co U C 0 W U U U) W U) m W o o �C m o r N Cl) Nt LC) CO I-- 00 m o r N co Nt LC) CO I-- O N U1 C r N N N N N N N N N N Ch Cl) Ch Ch Ch Ch Ch Ch (� Z co co co co co co co co Chi Chi Chi Chi co Chi Chi Chi Chi Chi Chi U cln U1WWa8 v ua 'se Ua M Z 'ON'PUOWV 10 f Aoadd ) 9L®L ®0L ® 03X3 ®J8PJ0 31s ® ON WOW43eUV rn ti o CM r U ai a m a r c m E O U p O O O O O O r N O ti O Lo Lo O N N co co TO � O CD \ _ N r r r r r L c _. q N d ate+ a C> tE tE tE O C) E C) C) C) C) C) C) C) r r o o c o r N V Z D t t t r+ � r r H Q 0) 0) O _ c 4) c C) 0) 4) ca O L6 (' •c c c o (9 u Z M U) p 'L •L 0) 0 °� 4- O O C Q Q Q Q 4- U) t Q w (n w w V U) U) O Mm m LO W W W W O J V W J J J J J J Cl) O) m V ) N a+ Co m C) r ) r O '4) Q � ' it V .Q co co L � � a co LM > N _ > E CO > � c > U) (� N X c O .heC N U m 2 m (n CO Ur O c c X 0 . V U) O N p Q U) a m c U E Q � p C Q c O T O -o 2 ._ O � i m Co (n > p m Mn 2, 0 p U 4-(nCO � 0) U CY c 0 2, M O p)Q � _0 U CO Co coo Q J c C u) �- C U U) o p O O O Fn o 0 co E Q c c CO N F L U X Co co U) U U sZ O Z_ � c J L N 0) N O 2 c c Co .� N N N O C L L cn o 1DO� m 0- iL iL cn O iL C'1 cn U O w o 00 m O r N Cl) Nt Lf) CO I-- 00 M O r N Cl) Nt O N U) O Ch Ch qt� qt� qt� ll� ll� ll� ll� ll� ll� LC) LC) LC) LC) LC) C= (7 m Z Lo LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) Co L6 (n co U1WWa8 v ua 'se Ua M Z 'ON'PUOWV 10 f Aoadd ) 9L®L ®0L ® 03X3 ®J8PJ0 31s ® ON WOW43eUV rn ti o CM r U ai a m cc a U) r c N M E Y E Cn O U ~ L c U c O O •a L d L — to cod � L o t' p O O O O O O O O O O N H = N � U � C> � •E N t O C C> z D , d O M c w w w w w w w :2D co C> � Q � d V U) 4 t L � a U) a� O a LL m c N LL ; 3 2 m CL O CL N 0) co N o N ) O v U) N Como OH N 0 U J ,� O N N L •O m 2 r 2 a H Y m Q co O US IL IL H Z W L) 0 O � z � L6 yl ^ L~ � ������YN�hJT �/��� � "^��' ^^-`-'"'^-' " ' ' ��' ~ om ON CALL PROFESSIONAL ENGINEERING SERVICES This Ao ���Mt ("Agreement") ��d� �m� entered i�� d71� /&� � ay of 0 between�v ��� �� ��m ��r�� County, a po�UNStatecaU subdivision of the � �� of Florida, VVhVse address is 1100 Simonton Stnaet, Key VVaot, Florida, 33040. its successors and mnoigno. > hereinafter referred to as "COUNTY,"through the Monroe County Board of County Commissioners (^BC)CC''). AND � � 06 Kioingar Campo & Associates, o Corporation of the State of Florida, vvhoua address is 201 North Franklin Street, Suite 400. Tanmpa, Florida 33602. its oucumaaora and assigns, hereinafter referred bzoo "CONSULTAyJT'. VV|TNEG8ETH: � WHEREAS, COUNTY desires to employ the 9n»f»nniona| engineering een/inem of CONSULTANT ^� for various County Projects located in Monroe County, Florida and � VVMERE/\G. CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2.000.000.00 The professional services required by this Contract will be for services in the form of continuing ~~ � oontrmct, commencing the effective date of this agreement and ending four years thereafter, with � options for the County to renew for one additional 1 year period. � Specific services will be performed pursuant to individual task orders issued by the COUNTY and c� � agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, � charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. *m � � Execution of Tmoh Order by the COUNTY and the CONSULTANT constitutes the COUNTY^m ' written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent ' expressly modified. When a Task Order is to modify o provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. 0 � NOW, | MEREFORE. in consideration ni the nnutua| pnnm/oae, covenants ono agreements � stated hmrein, and for other good and valuable oonoidenation, the sufficiency of which in hereby ' acknowledged, COUNTY and CONSULTANT agree mnfollows: � Packet Pg. 1094 C.37.d a FORM OF AGREEMENT 4- ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES 0 By executing this Agreement, CONSULTANT makes the following express representations and U) 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 06 which the Work is to be completed. U) 0 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; d 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANTS services shall be performed as expeditiously as is consistent 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 W 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. 0 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. Packet Pg. 1095 C.37.d ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK 2 The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 06 2.3 NOTICE REQUIREMENT U) All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services 6 Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 4- c And: Mr. Roman Gastesi, Jr. 0 Monroe County Administrator 1100 Simonton Street, Room 2-205 CL C Key West, Florida 33040 CL For the Consultant: Jason LaBarbera, P.E. 201 N Franklin Street, Ste. 400 Tampa, Florida 33602 ARTICLE III �s ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. Packet Pg. 1096 C.37.d ...... .._............... .. .............................. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the , CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES U) 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable 06 delay in the orderly and sequential progress of the CONSULTANT'S services. U) 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such - documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Packet Pg. 1097 C.37.d ............. ........... Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or , action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required 2 insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by U) virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance a. 06 requirements contained elsewhere within the Agreement. c 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL �s 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: 4- 0 NAME FUNCTION 0 Jason LaBarbera P.E. Project Manager David on P.E. QhiefEngineer .� Sam Cullum. EF., Enctineer Patrick Mulhearn P.E. En ineer Robert Whitman Chief Environmental Scientist Mark Easley Chief Environmental Scientist W So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. 0 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. c Packet Pg. 1098 C.37.d a 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 CONSULTANTS 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 a. 06 rendered and reimbursable expenses due hereunder. The CONSULTANTS invoice shall describe with reasonable particularity the service rendered. The CONSULTANTS 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: 6 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; 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 Packet Pg. 1099 C.37.d . __...... 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 (s 2 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. U) 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 a. respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One 6 Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or 0 subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail"to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. is 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 c� Packet Pg. 1100 C.37.d ...........................mm..............................................._......................................................_ � COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all , insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will 2 be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. U) ARTICLE IX MISCELLANEOUS E 9.1 SECTION HEADINGS 06 r- Section headings have been inserted in this Agreement as a matter of convenience of U) reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the e CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS 4- 0 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 Iq subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. e 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. Packet Pg. 1101 C.37.d ........ ........ 0 °c 9.6 CONTRACT DOCUMENTS , c 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 and C, 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. (n 9.7 PUBLIC ENTITIES CRIMES E A person or affiliate who has been placed on the convicted vendor list following a conviction a. for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. N By signing this Agreement, CONSULTANT represents that the execution of this Agreement c 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 0 hereto, and may result in debarment from COUNTY's competitive procurement activities. 4- 0 In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted Iq vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with Packet Pg. 1102 C.37.d 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 , e 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 2 enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY a. 06 r_ If any term, covenant, condition or provision of this Agreement (or the application thereof to 0 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 6 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 0 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 CL C or interpretation of this Agreement, the prevailing party shall be entitled to reasonable CL 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 0 Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided Packet Pg. 1103 C.37.d that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS , e 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 no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, U) then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION 06 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. cv 9.17 NONDISCRIMINATION d CONSULTANT and COUNTY agree that there will be no discrimination against any person, 0 and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) E 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 Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, t� 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. E Packet Pg. 1104 C.37.d _. ..... 0 a 9.18 COVENANT OF NO INTEREST 4- 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 2 recited in this Agreement. U) 0 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 06 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 6 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 0 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 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 Packet Pg. 1105 C.37.d ...... 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. 2 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES U) 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 a. 06 statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. aM 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 6 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 0 under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION 0 CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. M 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 E Packet Pg. 1106 C.37.d ................�.�... a 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 4- counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the 2 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 U) federal and state laws and regulations apply to this Agreement. The COUNTY and its > CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors a. shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment B. cv d 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 c COUNTY deems appropriate. 0 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, E 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 Homeland Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub-consultants during the term of the contract. t� f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation Statement Form No. 275-030-11A to identify DBE participation as outlined in Paragraph 9.29, Packet Pg. 1107 C.37.d as Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for Professional Services. FDOT has a race neutral program with an 8.6% goal. cc g). Executed copies of the FDOT Certification for Disclosure of Lobbying Activities on cc Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C. 2 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly U) authorized representative on the day and year first above written. b (SAL) BOARD OF COUNTY COMMISSIONERSIL a� Attest �, MY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA 06 as J) By: By. W Deputy Clerk Mayor/Ch irman cv d Date: 4- 0 (Seal) CONSULTANT @ Attest: (Kisinger Campo&! ociate , Corp.) BY: y:B .. na E. ott Title, enior Vice Pa ident Title:—Pre sid' nt END OF AGREEMENT MONROE COUNTY ATTORNEY APPR( :t"�D AS TO FORM. " n „ °IR4° rNNE M. LIMSt T BARROWS ASSIST �NTY ATTORNEY �G t�O Date ,M. .. . .. Packet Pg. 1108 ............. ........... ................... as 4- m 0 ATTACHMENT CONSULTANT RATES 0 U) E IL U) w C14 6 z E 4- 0 0 co w x w 0 E m 0 Packet Pg. 1109 C.37.d KISINGER CAMPO & ASSOCIATES CORP. ... MONROE COUNTY - ON-CALL SERVICES HOURLY BILLING RATE SCHEDULE 2013 Average Hourly Job Classification Billing Rate* Project Manager $ 177.00 Chief Engineer $ 228.00 Senior Engineer $ 178.00 06 Engineer $ 139.00 Senior Designer $ 136.00 Designer $ 96.00 CADD/Computer Technician $ 87.00 d Chief Scientist $ 159.00 Senior Scientist $ 122.00 E Environmental Specialist $ 100.00 Software Developer/ GIS Manager $ 128.00 0 GIS Specialist $ 90.00 Field Technician $ 77.00 Certified Bridge Inspector (CBI) $ 115.00 �s Bridge Inspector Assistant $ 84.00 EDMS Technician $ 79.00 0 Secretary/Clerical $ 63.00 0 �s 'Please note: 1)Billing Rates include salary,overhead and fixed fee...but do not include expenses. 2)Billing Rates effective for the 4-year contract term and 1-year renewal,if time extension option is exercised. Packet Pg. 1110 C.37.d a MONROE COUNTY - ON-CALL SERVICES HOURLY BILLING RATE SCHEDULE 2 0 2013 Average Hourly Job Classification Billing Rate* E_ 0 06 Senior Project Engineer - CEI $ 157.00 U) Project Administrator - CEI $ 122.00 �s Senior Inspector - CEI $ 79.00 d Inspector - CEI $ 62.00 4- 0 Secretary/Clerical - CEI $ 51.00 0 CL CL 'Please note: 1)Billing Rates include salary,overhead and fixed fee...but do not include expenses. 2)Billing Rates effective for the 4-year contract term and 1-year renewal,if time extension option is exercised. 0 ca Packet Pg. 1111 C.37.d iwu:wwrommnaNWl .„m��U � �.miom woWmu � �� AINTERA INCORPORATED FY 2014 Billing Rates IN", 4- 0 Principal Engineer/Scientist 1 $230 Principal Engineer/Scientist II $205 U) Principal Engineer/Scientist III $190 (n Sr. Engineer/Scientist 1 $175 _ Sr. Engineer/Scientist II $155 E Sr. Engineer/Scientist III $135 L Sr. Engineer/Scientist IV $130 06 Engineer/Scientist 1 $115 0 Engineer/Scientist II $100 Engineer/Scientist III $90 Engineer/Scientist IV $80 U cv QA Engineer 1 $185 d Sr. CAD/Graphics $80 CAD/Graphics $70 4- 0 Sr. Technician $95 Technician $65 CL CL Sr. Project Analyst $170 Project Associate $70 Sr. Technical Editor $95 Technical Editor $70 U IT $75 Sr. Computer Programmer $200 Computer Programmer 1 $135 Computer Programmer II $90 Engineering/Scientist Intern $70 ca Packet Pg. 1112 C.37.d PROFESSIONAL SERVICES HOURLY RATE SCHEDULE ENGINEERING Effective August 21, 2013 Engineer IX $ 190.00 Principal Ecologist $ 170.00 Engineer Vill $ 170.00 Ecologist IV $ 150.00 Engineer VII $ 160.00 Ecologist III $ 130.00 Engineer VI $ 150.00 Ecologist II $ 115.00 - Engineer V $ 135.00 Ecologist 1 $ 100.00 Engineer IV $ 125.00 Engineer Intern III $ 115.00 Expert Witness $ 250.00 Engineer Intern 11 $ 105.00 Engineer Intern 1 $ 95.00 Surveyor and Mapper VI $ 190.00 Surveyor and Mapper V $ 170.00 U) Development Project Coordinator $ 1 15.00 Surveyor and Mapper IV $ 150.00 y Surveyor and Mapper III $ 125.00 Project Director $ 145.00 Surveyor and Mapper 11 $ 115.00 Designer IV $ 135.00 Surveyor and Mapper 1 $ 100.00 Designer III $ 115.00 Designer 11 $ 90.00 StarVAC w/Water Truck Four-Man Party $ 330.00 0 Designer 1 $ 80.00 StarVAC w/Water Truck Three-Man Party $ 280.00 06 StarVAC w/Four-Man Party $ 290.00 Technician IV $ 100.00 StarVAC w/Three-Man Party $ 265.00 Technician III $ 75.00 Technician 11 $ 65.00 Two-Man Field Party $ 135.00 Technician 1 $ 55.00 Three-Man Field Party $ 160.00 Four-Man Field Party $ 170.00 Hydrogeologist V $ 150.00 Hydrographic Field Party $ 225.00 U Hydrogeologist IV $ 135.00 GPS Mapping Grade: One-Man Party $ 90.00 Hydrogeologist III $ 125.00 GPS Mapping Grade:Two-Man Party $ 130.00 Hydrogeologist 11 $ 100.00 GPS Mapping Grade:Three-Man Party $ 170.00 Hydrogeologist 1 $ 90.00 GPS Surveying Grade: One or Two-Man Party $ 170.00 GPS Surveying Grade:Three-Man Party $ 180.00 Environmental Scientist V $ 120.00 Environmental Scientist IV $ 100.00 Principal GIS Consultant $ 170.00 Environmental Scientist III $ 85.00 GIS Consultant IV $ 170.00 Environmental Scientist II $ 65.00 GIS Consultant III $ 135.00 Environmental Scientist 1 $ 55.00 GIS Consultant 11 $ 110.00 GIS Consultant 1 $ 90.00 CL CL Principal Planner 11 $ 170.00 GIS Technician III $ 80.00 Principal Planner 1 $ 150.00 GIS Technician 11 $ 70.00 Iq Senior Planner $ 135.00 GIS Technician 1 $ 60.00 17 Planner IV $ 125.00 co Planner III $ 110.00 CONSTRUCTION OBSERVATION SERVICES Planner 11 $ 95.00 Senior Project Engineer $ 170.00 Planner 1 $ 85.00 Construction Observation Services Manager $ 150.00 U Planning Technician III $ 80.00 Project Administrator $ 125.00 Planning Technician 11 $ 70.00 Contract Support Specialist $ 110.00 Planning Technician 1 $ 60.00 Senior Construction Observer 11 $ 100.00 Senior Construction Observer 1 $ 90.00 Grant Proposal Manager $ 95.00 Construction Observer III $ 75.00 Grant Administrator $ 90.00 Construction Observer II $ 65.00 Grant Writer $ 75.00 Construction Observer 1 $ 55.00 Resident Compliance Specialist(RCS) $ 65.00 U Principal Landscape Architect $ 170.00 Managing Landscape Architect $ 140.00 REIMBURSABLE EXPENSES Senior Landscape Architect $ 130.00 Materials Cost+ 10% Landscape Architect $ 120.00 Sub-Consultant Services Cost+ 10% U Senior Landscape Designer $ 105.00 Project Landscape Designer $ 85.00 Landscape Designer 11 $ 78.00 Landscape Designer 1 $ 72.00 Page I of 1 Packet Pg. 1113 C.37.d consulting engineers------ 301 East Atlantic Boulevard P°ayrgw�m Beach, Florida 33060-6643 Tel:954-788-3400 Fax:954-788-3500 Subsurface Utility Locating e Utility Coordination HOURLY RATES AND FEE SCHEDULE 0 U) TITLE RATE Project Manager $ 130.00 Sr Utility Coordinator $ 120.00 Utility Coordinator $ 105.00 a. Utility Locator $ 65.00 Technician $ 55.00 CADD Technician $ 65.00 Administrative Assistant $ 50.00 Ground Penetrating Radar $ 200.00/Hour Subsurface Utility Designation/GP $ 1,600.00/Day Vacuum Excavations Pervious $ 290.00/Each Vacuum Excavations Impervious $ 400.00/Each Maintenance of Traffic $ 150.00/Day 4- 0 0 0 Packet Pg. 1114 C.37.d TIERRA SOUTH FLORIDA,INC UNIT FEE SCHEDULE(FIELD AND LABORATORY TESTING SERVICES) a Unit #of Units Unit Price Total I. FIELD INVESTIGATION Mobilization of Men and Equipment 4- Truck-Mounted Equipment Each 0 $ 350.00 $ 0.00 O Specialized ATV/Mudbug Each 0 $ 700.00 $ 0.00 Support Vehicle Each 0 $ 150.00 $ 0.00 Barge-Mounted Equipment Day 0 $ 7300.00 $ 0.00 Crane Rental Hour 0 $ 190.00 $ 0.00 Crash Attenuar Truck Hour 0 $ 115.00 $ 0.00 Mob Between Holes Each 0 $ 150.00 $ 0.00 U) Support Boat Day 0 $ 500.00 $ 0.00 Open/Close Guard Rail Each 0 $ 550.00 $ 0.00 f!5 Standard Penetration Test Borings (By Truck-Mounted Equipment) Land: 0-50 ft depth L.F. 0 $ 14.50 $ 0.00 50-100 ft depth L.F. 0 $ 17.75 $ 0.00 100-150 ft depth L.F. 0 $ 29.00 $ 0.00 IL 06 Standard Penetration Test Borings (By ATV/Mudbug) Land: 0-50 It depth L.F. 0 $ 15.25 $ 0.00 50-100 ft depth L.F. 0 $ 18.50 $ 0.00 100-150 ft depth L.F. 0 $ 31.00 $ 0.00 Standard Penetration Test Borings (� (By CME 850(Track-Mounted)) Land: 0-50 ft depth L.F, 0 $ 17.85 $ 0.00 qy 50-100 It depth L.F„ 0 $ 24.00 $ 0.00 100-150 ft depth L.F. 0 $ 28.75 $ 0100 Standard Penetration Test Borings (By Barge-Mounted Equipment) Land: 0-50 ft depth L.F 0 $ 20.00 $ 0.00 50-100 ft depth LY'. 0 $ 27.00 $ 0.00 100-150 ft depth L.F. 0 $ 50.00 $ 0.00 - Grout-Seal Boreholes (By Truck-Mounted Equipment) Land: 0-50 ft depth L.F. 0 $ 6.50 $ 0.00 50-100 ft depth L.F, 0 $ 8.00 $ 0.00 100-150 ft depth L.F. 0 $ 9.50 $ 0.00 Grout-Seal Boreholes (By ATV/Mudbug) Land: 0-50 ft depth L.F. 0 $ 7.25 $ 0.00 (� 50-100 It depth L.F, 0 $ 8.25 $ 0.00 100-150 ft depth L.F, 0 $ 10.00 $ 0.00 Grout-Seal Boreholes (By CME 850(Track-Mounted)) Land: 0-50 ft depth L.F. 0 $ 8.25 $ 0.00 50-100 ft depth L.F. 0 $ 9,50 $ 0.00 O 100-150 It depth L.F.. 0 $ 14,50 $ 0.00 Grout-Seal Boreholes (By Barge-Mounted Equipment) Land: 0-50 ft depth LF, 0 $ 9.00 $ 0.00 50-100 It depth L.F. 0 $ 10,50 $ 0.00 100-150 ft depth L.F. 0 $ 16.00 $ 0.00 (� CY Page 1 of 3 Packet Pg. 1115 C.37.d TIERRA SOUTH FLORIDA,INC UNIT FEE SCHEDULE(FIELD AND LABORATORY TESTING SERVICES) a Casing Allowance (By Truck-Mounted Equipment) 4- Land: 0-50 ft depth L.F., 0 $ 8.00 $ 0.00 50-100 ft depth L.F. 0 $ 9.75 $ 0.00 100-150 ft depth L.F. 0 $ 11.50 $ 0.00 Casing Allowance (By ATV/Mudbug) Land: 0-50 ft depth L.F. 0 $ 9.75 $ 0.00 U) 50-100 ft depth L.F. 0 $ 13,25 $ 0.00 y 100-150 ft depth L.F, 0 $ 16.50 $ 0.00 (n Casing Allowance (By CME 850(Track-Mounted)) Land: 0-50 ft depth L.F. 0 $ 12.00 $ 0.00 50-100 ft depth L.F. 0 $ 14.50 $ 0.00 100-150 ft depth L.F. 0 $ 16.50 $ 0.00 IL 06 r_ Casing Allowance (By Barge-Mounted Equipment) Land: 0-50 ft depth L,F. 0 $ 13.50 $ 0.00 50-100 ft depth L.F. 0 $ 16.50 $ 0.00 100-150 ft depth L.F. 0 $ 18.75 $ 0.00 Rock Coring(Structures) (By Truck-Mounted Equipment) 0-50 ft deep L.F. 0 $ 68.50 $ 0.00 cy 50-100 ft deep L.F. 0 $ 82.50 $ 0.00 Rock Coring(Structures) (By ATV/Mudbug) 0-50 ft deep L.F. 0 $ 75.00 $ 0.00 50-100 ft deep L.F, 0 $ 85.00 $ 0.00 4- 0 Rock Coring(Structures) @ (By CME 850(Track-Mounted)) > 0-50 ft deep L.F, 0 $ 75.00 $ 0.00 50-100 ft deep L.F. 0 $ 85.00 $ 0,00 Rock Coring(Structures) (By Barge-Mounted Equipment) 0-50 ft deep L.F. 0 $ 75.00 $ 0.00 50-100 ft deep L.F. 0 $ 85.00 $ 0.00 100-150 ft deep L.F. 0 $ 95.00 $ 0.00 Field Permeability Tests(BoreHole Perc) Each 0 $ 450.00 $ 0.00 U Flagmen&Barricades(2 man crew) Day 0 $ 900.00 $ 0.00 Flagmen&Barricades(2 man crew) Night 0 $ 1200.00 $ 0.00 Florida Patrolmen(Traffic Control) Hour 0 $ 50.00 $ 0.00 U Sr.Eng Tech(Traffic Control) Hour 0 $ 88.30 $ 0.00 Arrow Rental Sign Day 0 $ 106.69 $ 0.00 Cones Barricades Day 0 $ 212.18 $ 0.00 Variable Message Board Day 0 $ 159.14 $ 0.00 Auger Borings(Roadway) L.F. 0 $ 10.50 $ 0.00 Page 2 of 3 Packet Pg. 1116 C.37.d TIERRA SOUTH FLORIDA,INC UNIT FEE SCHEDULE(FIELD AND LABORATORY TESTING SERVICES) a Extra Split Spoon Samples Land: 0-50 ft depth Each 0 $ 42.00 $ 0.00 50-100 ft depth Each 0 $ 48.00 $ 0.00 - O Hand Muck Probes(2-man crew) Day 0 $ 900.00 $ 0.00 2-Inch Piezometer Installation L.F. 0 $ 45.00 $ 0.00 2 Standby/Decontamination Hour 0 $ 200.00 $ 0.00 (Drill Rig&Crew) U) Piezometer Permit Each 0 $ 70.00 $ 0.00 f!5 Double Ring Infiltration Test Each 0 $ 500.00 $ 0.00 Pavement Cores,Asphalt Each 0 $ 105.00 $ 0.00 E 0 Pavement Cores,Concrete Each 0 $ 105.00 $ 0.00 IL 06 r_ II. LABORATORY TESTING a� Natural Moisture Content Tests Each 0 $ 10.00 $ 0.00 Grain-Size Analysis-Full Gradation Each 0 $ 65.00 $ 0.00 Grain-Size Analysis-Single Sieve Each 0 $ 30.00 $ 0.00 Organic Content Tests Each 0 $ 50.00 $ 0.00 cy 6 Atterberg Limit Tests Each 0 $ 85.00 $ 0.00 Environmental Tests(pH,sulfates, Each 0 $ 175.00 $ 0.00 chlorides,resistivity) Unit Weight Determination Each 0 $ 50.00 $ 0.00 Rock Compression Test Each 0 $ 110.00 $ 0.00 L_ Split Tension Test Each 0 $ 110.00 $ 0.00 91 LBR Test Each 0 $ 320.00 $ 0.00 Permeability Test-Falling Head Each 0 $ 275.00 $ 0.00 Grain-Size with Hydrometer Each 0 $ 125.00 $ 0.00 Sample Preparation Hour 0 $ 75.00 $ 0,00 W Direct Shear Strength Test(1 Point) Each 0 $ 300.00 $ 0.00 CY O CY Page 3 of 3 Packet Pg. 1117 C.37.d TIERRA SOUTH FLORIDA.INC UNIT FEE SCHEDULE(ENGINEERING SERVICES) a Unit #of Units Unit Price Total ENGINEERING/COORDINATION 4— Principal Engineer Hour 0 $ 150.00 $ 0.00 0 O Senior Engineer Hour 0 $ 125.00 $ 0.00 Project Engineer Hour 0 $ 100,00 $ 0.00 0 4— Senior Technician Hour 0 $ 75.00 $ 0.00 U) CADD Hour 0 $ 65.00 $ 0.00 IL 06 r— a� cv 6 4- 0 O O Page 1 of 1 Packet Pg. 1118 C.37.d ................ a ATTACHMENT B 4- APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT 0 U) 06 r- U) cv d 4- 0 0 co c� Packet Pg. 1119 C.37.d 4) The following terms apply to all contracts in which it is indicated in Section 6,13 of the Standard Professional Services > Agreement that the services involve the expenditure of federal funds: 00 4- M A. It is understood and agreed that all rights of the Department refitting to inspection,review,approval,patents, 2 copyrights,and audit of this work„tracing,plans,specifications,maps„data,and cost records relating to this M Agreement shall also be reserved and hold by authorized representatives of the United States of America. R It is understood and agreed that,in order to permit federal participation,no supplemental agreement of any nature may be 2 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. a) C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S.Department of Transportation Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred 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 0 subcontractors,including procurements of material and leases of equipment. The Consultant will not participate either IL directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices 06 when the contract covers a program set forth in Appendix 6 of the Regulations. E. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations made by the °U) Consultant,either by competitive bidding or negotiation for work to be performed under a subcontract,including 0 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 will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,andlor 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 Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,andlor the Federal Motor Carrier Safety Administrationas appropriate,and shall set forth what efforts it has made to obtain the information. 4- 0 G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this - contract,the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway y Administration,Federal Transit Administration, Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not limited to, 91 1. 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. H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations,order,or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Florida Department of Transportation,Federal Highway 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 subcontractor or supplier as a result of such direction,the Consultant may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation,and,in addition,the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 0 f Interest of Members of Congress: No mernber 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, d 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 eslablishod under the laws of any State. �'" Packet Pg. 1120 C.37.d 0 K 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. > 63 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 M remedy as the recipient deems appropriate. r!5 L. 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. U) r!5 M It is understood and agreed that if the Consultant at any time learns that the certification it provided the Department 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 Department.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 E transactions and in all aforementioned federal regulation. 0 IL 06 N The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the Department,directly or indirectly as an express or implied condition In connection with obtaining or carrying out this °U) contract,to 1 employ or retain,or agree to employ or retain,any firm or person,or 2, pay,or agree to pay,to any firm,person,or organfiation,any fee,contribution,donation,or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency,in connection with this 04 contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws,both criminal and 6 civil. z p The Consultant hereby certifies that it has not 4- t employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or 0 person(other than a bona fide employee working solely for the above contractor)to solicit or secure this contract; 0 2 agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or L91 _ person in connection with carrying out this contract;or 3 paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for the above contractor)any fee contribution,donation,or consideration of any kind for,or in connection with,procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds,and is W subject to applicable State and Federal Laws,both criminal and civil. X W CY 0 a CY Packet Pg. 1121 C.37.d a ATTACHMENT C 4- Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts 0 U) 06 U) N d 4- 0 0 c Packet Pg. 1122 C.37.d STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT ioioi as ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) 4- M 0 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 U) Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in c 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 0 influencing or attempting to influence an officer or employee of any federal agency, a Member of IL Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 06 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 U was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for d each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that E 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. 0 Name of Consultant: Kisin er Campo&Associates Corp. By: .E. Date: 12/17/2013 Authorized Signature: ` Title: c 0 c Packet Pg. 1123 C.37.d STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMENT 1001 INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] 4- It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. U) Name of 70 �jltant: By � Date: 12/17/2013 Aut orized Sign Lure Wau oley, P.E.) Title: PrPsidPnt 06 Instructions for Certification 0 1 . By signing and submitting this certification with the proposal,the prospective lower tier participant is providing the certification set out below. 2. 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 may pursue available remedies,including suspension and/or debarment. cy 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. If 6 at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms'covered transaction','debarred','suspended','ineligible','lower tier covered transaction','participant','person',primary covered transaction','principal','proposal',and'voluntarily excluded',as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees b submitting this proposal that,should the proposed covered transaction be P P P P 9 Y 9 P P P P entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared 91 ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Appendix B: Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction",without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension and/or debarment. Packet Pg. 1124