Item C01 C.1
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.1
Agenda Item Summary #5281
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754
N/A
AGENDA ITEM WORDING: Approval of a task order with WSP USA, INC. for engineering
design and permitting services for the Key Largo III Roadway and Drainage Improvement Project
(Burton Drive and specified roads in the Harris Ocean subdivisions). This task order is being
awarded under the On Call Contract for Professional Engineering Services in the maximum not to
exceed amount of$349,094.71.
ITEM BACKGROUND: The scope of services for the Key Largo III Roadway and Drainage
Improvements project (Burton Drive and specified roads in the Harris Ocean subdivisions) will
include: completion of design for construction and any required South Florida Water Management
District (SFWMD) permitting for the asphalt overlay, milling and resurfacing, roadway
reconstruction as required based on current conditions, and establishing roadway crowns. Road
elevations will be evaluated and adjusted for sea level rise if necessary. The scope also includes the
installation of french drainage systems and the addition of bicycle lanes on Burton Drive to connect
to the Florida Keys Overseas Heritage Trail (FKOHT) at US Highway 1 and coordination with the
Florida Department of Transportation (FDOT) for their Burton Drive/US1 intersection project. The
project limits were identified based on pavement analysis and the project is part of the previously
adopted five-year County Road Improvement Budget.
PREVIOUS RELEVANT BOCC ACTION:
January 17, 2018 — The BOCC approved On Call Engineering Services Contracts with 9 firms: CSA
Central, EAC Consulting, HDR Engineering, Keith & Schnars (now KCI Technologies, Inc),
Kisinger Campo, Mathews Consulting, RS&H Inc, TY Lin International and WSP USA, INC.
March 20, 2013 — The BOCC approved a contract with IMS Infrastructure Management Services for
asphalt pavement analysis on County roads.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve task order for Key Largo III Roadway and Drainage
Improvement Project engineering design and permitting services.
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DOCUMENTATION:
Key Largo III Task Order WSP CL stamp
WSP USA Inc. - EXEC - 1-17-18
FINANCIAL IMPACT:
Effective Date: May 22, 2019
Expiration Date: 30 days after construction final acceptance
Total Dollar Value of Contract: $349,094.71
Total Cost to County: $349,094.71
Current Year Portion: $150,000.00
Budgeted: yes
Source of Funds: 102 —22567 KLIII
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match:
Insurance Required: yes
Additional Details:
03/21/19 NEW COST CENTER ADDED $349,094.71
22567 - Key Largo III
REVIEWED BY:
Judith Clarke Completed 04/25/2019 8:56 AM
Christine Limbert Completed 04/29/2019 9:48 AM
Budget and Finance Completed 05/02/2019 10:30 AM
Maria Slavik Completed 05/02/2019 10:50 AM
Kathy Peters Completed 05/02/2019 12:31 PM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING
SERVICES BETWEEN MONROE COUNTY AND WSP USA, INC.
FOR
KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT
In accordance with the Continuing Contract for On Call Professional Engineering
Services made and entered on the 17th day of January 2018 between Monroe County
hereinafter referred to as the "County" and WSP USA, INC. hereinafter referred to as
"Consultant" where design services are allowed if construction costs do not exceed
$2,000,000.
All terms and conditions of the referenced Contract for On Call Professional Engineering
Services apply to the Task Order, unless the Task Order modifies an Article of the
Agreement of which will be specifically referenced in this Task Order and the
modification shall be precisely described.
This Task Order is effective on the 22nd Day of May 2019 and shall expire 60 days after cas
construction is complete. Design is anticipated to be completed within 270 days of a.
issuance of the Notice to Proceed.
Article II Scope of Basic Services, Paragraph 2.1 is amended to add 2.1.1 as
follows:
The scope of services for the Key Largo III Roadway and Drainage Improvements
project (specified roads in the Harris Ocean subdivisions) will include: completion of U)
design for construction and any required SFWMD permitting for the asphalt overlay,
milling and resurfacing, roadway reconstruction as required based on current conditions,
and establishing roadway crowns. Road elevations will be evaluated and adjusted for
sea level rise if necessary. The scope also includes the installation of french drainage
systems and the addition of bicycle lanes on Burton Drive to connect to the Florida Keys
Overseas Heritage Trail (FKOHT) at US Highway 1 and coordination with the Florida
Department of Transportation (FDOT) for their Burton Drive/US1 intersection project. 0.
The Design for Construction shall include, but shall not necessarily be limited to, plans U)
and specifications which describe all systems, elements, details, components, materials,
equipment, and other information necessary for construction. The Design for a.
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.
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Details of the scope of services are outlined below and in Attachment A:
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1.0 DESIGN DEVELOPMENT
The Consultant will evaluate existing adjacent environment and habitat and provide a
design that eliminates or minimizes impacts to the surrounding environment and habitat.
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2.0 CONSTRUCTION DOCUMENTS PHASE
2.1 The Consultant shall prepare, for approval by the County, Construction E
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 following:
1. Florida Department of Transportation Roadway Plans Preparation
Manuals
http://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm
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2. Florida Department of Transportation Design Standards
http://www.dot.state.fl.us/rddesign/DesignStandards/Standards.shtm
3. Florida Department of Transportation Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and
Highways http://www.d t.state fl.us/rddesig n/F loridaOreenbook/ OE.shtm z
4. Florida Department of Transportation Surveying Procedure cas
http://www2.dot.state.fl.us/�duraldocuments/procedures/bin/5500301
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5. Florida Department of Transportation Drainage Manual
htt ://www.dot.state.fl.us/rddesi�files/2008DrainageManual.pdf
6. Manual on Uniform Traffic Control Devices (MUTCD)
http://mutcd.fhwa.dot.gov/
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7. American Disabilities Act M
http://www2.dot.state.fl.us/�duraldocuments/procedures/bin/6250200 M
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8. Florida Department of Transportation Flexible Pavement Design Manual
http://www.dot.state.fl.us/pavementmanagement/ U ELI CATIONS.shtm
9. Florida Statutes
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=view°/®20Statutes Su
bmenu=1 Tab=statutes C ID=14677574 C TOKEN=80981948
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2.2. The Consultant shall provide Drawings and applicable Technical Specifications U
for the County's review. a.
2.3 Upon completion of the Construction Documents Phase, the Consultant shall
provide Construction Documents for the County's approval. Upon approval by the
County the Consultant shall provide the County up to 3 sets of Construction Documents -19
that have been signed and sealed by the Consultant. The Consultant shall also provide
an electronic version of the construction documents. The Consultant shall provide an
estimate of anticipated construction cost in accordance with the construction
development phase.
2.4 The Consultant shall assist the County in the preparation of the necessary
bidding information for the production of bidding forms, the Conditions of the Contracts,
and the forms of Agreements between the County and the Contractors by providing
supporting information as to the projects scope, bid items, estimated quantities and
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construction duration. The County shall prepare all Bidding Forms, Conditions of the
Contract, and Forms of Agreement.
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2.5 The Consultant's construction documents (plans, specifications, etc) will conform
to all codes and regulations of the federal government, county, state, municipalities,
agencies and state departments, in effect at the date of this Agreement, and shall be of
such completion as to be acceptable for review and ruling by said agencies when
permits are applied for. The Consultant shall use due care in determining permit
requirements and shall meet with regulatory agencies as necessary to coordinate
specific permit requirements. The Consultant shall document all meetings and
conversations with said regulatory agencies. If permits are denied for incompleteness or
for lack of following said codes or regulations, or permit requirements, then the Engineer
will conform the construction documents in such manner to receive permits upon such
plans. Work required by the Consultant to conform documents to federal, state, city,
county, or agency specifications to allow them to be approved shall be completed at no U
charge or cost to the County, unless said requirements are changed during the course of
the project.
2.6 The County shall be responsible for the timely submittal of all permit application a.
fees.
2.7 At the 90% and 100% design phases the Consultant shall provide drawings and
other documents which depict the current status of design for the County's review and
information. The Consultant shall provide an estimate of anticipated construction costs 0
and construction schedule. -19
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2.8 As needed, the Consultant will provide clarification and answers to questions
from prospective bidders during the construction bid process. Answers will be provided
in a timely manner in order to facilitate bidding.
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3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the
Engineer must complete the tasks set forth in items 3.1 through 3.4.
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3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of
Pay Items and Quantities, Drainage Structures Map, Project Layout, Plan and Profile cas
sheets, Typical Sections, Detail sheets, General Notes, Traffic Control Plan.
Construction plans shall be in accordance with FDOT Plans Preparation Manual.
3.2 Specifications — For general specifications, FDOT Specifications will be used. -19
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Comprehensive, abbreviated methods, materials and systems descriptions in tune with
the drawings will be developed as necessary with Technical Special Provisions.
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3.3 Schedules — Prepare an estimate of the Construction Time.
3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance
with the Construction Documents.
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4.0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Consultant shall submit to E
the County in writing its final Opinion of Probable Construction Cost (OPCC) for
constructing the Project. Once submitted, the final anticipated price estimate shall be
adjusted by the Consultant to reflect any increase or decrease in anticipated price
resulting from a change in Design.
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4.1 The Construction Cost shall be the total estimated bid cost to the County of all
elements of the Project designed or specified by the Consultant.
4.2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by the
Consultant, plus a reasonable allowance for Contractor's overhead and profit.
4.3 Construction cost does not include the compensation of the Consultant and the
sub-consultants, the costs of land, rights-of-way, financing or other costs which are the
responsibility of the County.
5.0 CONSTRUCTION PHASE
5.1 The Consultant shall review and approve or take other appropriate action upon
Contractor submittals and requests for information. The Consultant's action shall be
taken with such reasonable promptness as to cause no delay in the Contractor's Work or
in construction by the County's own forces, while allowing sufficient time in the
Consultant's professional judgment to permit adequate review. In general, said review
and action shall be completed in 10 working days from receipt of a shop drawing
submittal, excluding resubmittals. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractors, all of which remain
the responsibility of the Contractors to the extent required by the Contract Documents.
The Consultant's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Consultant, of construction means, methods,
techniques, sequences, or procedures. U)
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5.2 The Consultant will provide answers to Requests for Information (RFIs) from the cas
Contractor, as needed during construction and will implement any required plan
revisions.
5.3 The Consultant shall, without additional compensation, promptly correct any -19
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errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its
consultants or both.
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5.4 The Consultant must reimburse the County for any "added costs" paid by the
County for additional construction cost that were incurred as a direct result of any error,
omission, deficiency, or conflict in the work product of the Consultant, its consultants, or
both. "Added costs" is defined as the cost incurred from any additional work required on
the project that was necessitated solely by the error, omission, deficiency or conflict in
the work product. The added cost is limited to the increase to the construction cost for
additional work and does not include costs that are normally incurred as part of the
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project or would have been incurred had no error, omission or deficiency occurred, and
addressed by a change order of already established unit costs. The Consultant shall not
be held responsible for additional deficiencies found due to a delay in the construction of E
the project or for those hidden deficiencies that could not reasonably be determined
through a review of current field conditions by the Consultant or subconsultants.
5.5 The Consultant shall furnish to the County, upon project completion, the
following:
• 2 sets of 11" X 17" signed and sealed Record Drawings
• 2 sets of final documentation
• 1 set of final as built CADD and pdf files on CD including a table of
drainage structures with GPS coordinates labeled for each
structure
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The Consultant's Engineer of Record in responsible charge of the project's design U
shall professionally endorse/certify the record prints, the special provisions and all
reference and support documents.
5.6 The Consultant will attend the pre-construction meeting and as needed, attend
the periodic construction progress meetings.
Article VII, Paragraph 7.1 is amended to include the following:
The Consultant shall be paid monthly for time and expenses based on hourly 19
rates/timesheets and lump sum amounts (as noted below), in accordance with the On U)
Call Agreement rates, in the following Maximum Not to Exceed amount of$349,094.71:
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Task 1: Data Collection & Preliminary Design Evaluation $28,868.52
Task 2: Design and Plans Production $155,446.65
Task 3: Environmental Resource Permitting $11,556.32
Task 4: General Engineering Services During
Construction $25,237.22
Task 5: Meetings, Project Management and Quality Control $34,783.00
Reimbursable Expenses $10,200.00
Subconsultants:
Geotechnical —Terracon (lump sum) $20,003.00
Topographic Survey— Miller Legg (lump sum) $63,000.00
Total (Not to Exceed) $349,094.71
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Article IX Miscellaneous, Paragraph 9.29 Federal Highway Administration U)
Requirements do not apply to this project.
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5.22.19—WSP KLIII Task Order - 5
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IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly ?-
authorized representative.
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Consultant ...... Witness:
WSP U JNC
'P "'IlISIC
April 24, 2019
9
i gi n:a4r�e Date Signature Date
Vice Plresident 0
LLar. Area IManager 0
Title Z
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
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By: by-
Deputy Clerk Mayor/Chairman
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Date:
ONROE
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CHRISTINE LJMBf'3,RT-BARR0WS
ASSISTANT CotjN,ryr A'111"QRNEY
5.22.19 WSIB III 'Falk Order- 6
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ATTACHMENT A
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III �rqposaIl I
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Proposal for Key largo III Roadway and Drainage
Improvement
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RFQ-145-0-2017 On-Call Professional Engineering Services
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On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements
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TASK AUTHORIZATION NO. 1 c
Monroe County, Florida E_
Key Largo III-Roadway and Drainage Improvements Engineering Design and
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Construction Administration Services 0
This Authorization, when executed, shall be incorporated in and become part of the Agreement c
for On-Call Professional Services between the Monroe County (COUNTY), and WSP USA, Inc.
(CONSULTANT), dated January 17, 2018, hereafter referred to as the Agreement.
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Project Background
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COUNTY has requested that CONSULTANT provide engineering design, permitting and
construction administration services for paving, drainage and associated improvements to
COUNTY roadways located in Key Largo, Florida.As shown on Attachment A, attached, the roads
included in this study are Antigua Road, E. Beach Road, Beach Road, Burton Drive, Canal Street,
Dove Creek Drive, Dove Lake Drive, First Street, Harry Harris Drive, Park Avenue, Planter Drive and
1 st Street.
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Scope of Work
The following is a description of the services to be provided under this Task Authorization: -19
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• Evaluate the listed roads to determine the appropriate rehabilitation method (resurfacing,
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widening, reconstruction) o
• Design of appropriate rehabilitation method and associated drainage improvements,
utilizing sea level rise elevations criteria
• Coordination with FDOT for the improvements project at the intersection of US 1 and Burton
Drive for bike lanes on each side. On the south side, the existing bike lane and lane .�
crossover shall be removed, and on the north side, the existing bike lane shall extend to
meet the Overseas Heritage Trail at the intersection with US 1.
• Preparation of contract documents and technical specifications in coordination with U)
standard County specifications and bid requirements t3
• Apply for Permits from the South Florida Water Management District
• Provide support during construction in responding to contractor needs and inquiries
• Assistance with project close-out
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Key staff from WSP took the time to visit the project roads to familiarize themselves and take note U)
of deficiencies. The list of the roads proposed for improvements was based on the Pavement _
Condition Index report provided by the County and recommendations by WSP staff based on
initial observations. o
TASK 1.0- DATA COLLECTION & PRELIMINARY DESIGN EVALUATION
Subtask 1.1 Data Collection and Field Investigation
Upon Notice-to-Proceed (NTP) CONSULTANT will perform a site reconnaissance to familiarize itself
with existing conditions. WSP will request and Design Ticket from Sunshine 811 and coordinate with
On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements
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utility agency owners to obtain records of existing utilities and information related to
proposed/future utility improvements within the project limits. Upon NTP and concurrently with
these activities, WSP's subconsultants will perform surveying, geotechnical engineering and -
materials testing, and traffic counts for the project.
The CONSULTANT will review documents provided by the COUNTY, such as Geographic
Information Systems (GIS) data and Pavement Assessment Reports.
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The CONSULTANT's roadway designer will perform a field investigation with County Public Works
(roads and utility) staff on the same day as the kick-off meeting (Task 5.1) to gather data and
identify potential problem areas that will require additional pavement cores to be performed by
the geotechnical consultant and to locate utilities in the roadway.The CONSULTANT will take notes _
and photographs during the field investigation to document observations, discussions, and
recommendations.
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The CONSULTANT'S drainage designer will also attend the field investigation to assess existing U
drainage patterns and identify potential locations for exfiltration trenches.
The following deliverables are anticipated for this task:
• One (1) PDF and one (1) hard copy of topographic survey
• One (1) PDF and one (1) hard copy of geotechnical report
Subtask 1.2 Roadway Pavement Analysis
The CONSULTANT will evaluate the data obtained to determine the appropriate method of U)
rehabilitation for the listed roads included in this study and as shown on Attachment A.
Rehabilitation methods include milling and resurfacing of streets in good condition or
reconstruction of streets showing evidence of pavement failure or significant flooding. The 0
CONSULTANT will recommend a rehabilitation method for each street or logical segments of each >
street for review and approval by the COUNTY. For purposes of this scope of services, it is assumed
that thirty-nine (39) road segments, as indicated in Exhibit A, will be improved:
• Fifteen (15) road segments will be resurfaced
• Twenty-four (24) road segments will require reconstruction
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Subtask 1.3 Drainage Analysis t3
The CONSULTANT will prepare a conceptual drainage plan outlining the potential locations of
exfiltration trench locations.The plan will be based on drainage needs determined during the field
review and evaluation of the drainage patterns from the obtained ground survey for the project.
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TASK 2.0- DESIGN AND PLANS PRODUCTION U)
Subtask 2.1 Roadway Design
The CONSULTANT will design the following roadway elements in accordance with governing
standards (AASHTO - 2011 A Policy on Geometric Design of Highways and Streets and/or 2011
FDOT Greenbook - Florida Manual of Uniform Minimum Standards Design, Construction and
Maintenance for Streets and Highways), as practical:
• Milling and resurfacing of roads in fair and/or good condition.
• Reconstruction of roads with evidence of structural failure.
On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements
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Subtask 2.2 Drainage Design c
The drainage design tasks will include the following elements:
• Exfiltration trenches will be provided throughout the project as needed to facilitate positive
drainage in areas of significant ponding within the roadway and/or right-of-way. The existing
ponding observed during the field review and/or documented by photographs provided by
Monroe County will be addressed with exfiltration trenches. The exfiltration trenches will be c
detailed in the plans. CONSULTANT will determine the horizontal extent of underground utilities
including water and sewer at the proposed exfiltration trench locations. CONSULTANT will locate
the proposed exfiltration trenches to minimize utility impacts. CONSULTANT will provide design c
details for utility relocations as required. The vertical extent of the underground utilities will not be
obtained for this project. c
• A detailed drainage approach with the locations of the proposed drainage improvements will c
be included in the Conceptual Design submittal. The final proposed drainage improvements will
be included in the construction
plans. U
Subtask 2.3 Preparation of Contract Documents
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The CONSULTANT will prepare Construction Documents, including final plans and technical
specifications. The plans will
include the following major elements:
• Key Sheet (1)
• General Notes (1)
• Special Details (1) U)
• Typical Section Sheets (1)
• Project Layout (2)
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• Roadway Improvement Plan Sheets (50) o
• Temporary Traffic Control Plans (1) >
• Cross Sections for Reconstruction and/or Widening (20)
• Stormwater Pollution Prevention Plan (1)
• Miscellaneous Design Standards/Temporary Erosion Control Details (1) .�
In addition, the following deliverables are anticipated for this task:
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• Two (2) copies of conceptual design sketch and project approach/criteria memorandum t3
• Two (2) copies of 90%Construction Documents (plans and technical specifications)
• Cost estimates at 90%and 100%
• One (1) electronic copy of 100% Construction Documents (plans and technical �
specifications) with Draft Environmental Resource Permit (ERP) application package
• One (1) electronic copy of SFWMD ERP Application and Permit
• Two (2) signed and sealed sets of 100% Construction Documents (plans and technical U)
specifications) for the County's files
• One (1) PDF of project schedule
Upon approval of the 90% Design Plans from COUNTY, CONSULTANT will prepare and submit plans �
and supporting documentation to the permitting agencies for review. Once approval of plans
from the permitting agencies is obtained, WSP will prepare and submit Bid Documents to the City.
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TASK 3.0 - ENVIRONMENTAL RESOURCE PERMITTING
The CONSULTANT will schedule and conduct a pre-application meeting with SFWMD to determine
the permitting requirements for the project. It is anticipated that water quality treatment will not
On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements
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be required for the mill and resurface and reconstruction improvements.CONSULTANT will prepare c
and submit an Environmental Resource Permit application for the proposed roadway drainage
improvements. The application will not include recommendations for mitigation or other
information for potential impacts to protected plants and/or species.
Additionally, permitting with other agencies other than SFWMD, such as the Army Corps of
Engineers, Florida Department of Protection and National Marine Fisheries is not included. c
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TASK 4.0 - GENERAL BIDDING SERVICES AND ENGINEERING SERVICES DURING c
CONSTRUCTION
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Subtask 4.1 Bidding Services
CONSULTANT will respond,review and prepare responses to bidder questions,and provide support
to issue addenda. z
Subtask 4.2 Shop Drawing Review
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The CONSULTANT will review shop drawings that the contractor is required to submit. (n
Subtask 4.3 RFI Responses
The CONSULTANT will review requests for information (RFI) submitted by the Contractor and
provide responses.
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Subtask 4.4 Plan Revisions and Record Drawings
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The CONSULTANT will prepare and submit plan revisions to address minor design changes, as a o
result of unforeseen field conditions or approved Contractor recommendations. At the project
close-out stage, CONSULTANT will provide in PDF and CAD formats, record drawings of the project
construction.
TASK 5.0 - MEETINGS, PROJECT MANAGEMENT AND QUALITY CONTROL
Activities performed under this task consist of those general functions required to maintain the
project on schedule, within budget, and that the quality of the work products defined within this cis
scope is consistent with CONSULTANT's standards and the COUNTY's requirements. Specific
activities included are identified below:
Subtask 5.1 Project Kick-Off Meeting -19
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• CONSULTANT will prepare for and conduct a kick-off meeting for the project with County
staff to review the scope of services, schedule and budget, and discuss initial design o
issues/preferences and gather any additional available data. (2 person x 8 hr.=16hr.)
2 (two) design coordination/review meetings with County Staff (2 person x 2 hr.=4hr.)
2 (two) design coordination meetings with FDOT (1 person x 4 hr. =4hr.)
The CONSULTANT will prepare and distribute draft and final meeting minutes to all attendees.
Subtask 5.2 Project Management
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The CONSULTANT will perform overall project management for this project. This task will consist of c
project control activities inclusive of contract maintenance and administration, subconsultant
coordination, and document control as follows:
• Complete setup and maintenance of project contract, subconsultant agreements and
files
• Prepare monthly progress reports and invoices
• Prepare and update project schedule c
• Supervision and inter-disciplinary coordination
Subtask 5.3 Project Quality Control (QC)Technical Review c
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CONSULTANT maintains a QC program on all of its projects. Quality Assurance/Quality Control
(QA/QC) meetings are budgeted for and will be performed before submitting the deliverables.
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ASSUMPTIONS U
The above described engineering services have been based upon the following assumptions: cas
• The COUNTY will make the existing information available to the CONSULTANT in a timely
fashion cis
• The COUNTY will utilize its boilerplate front-end contract documents for bidding. If the
CONSULTANT believes that significant changes or supplemental conditions are required to
the COUNTY's front-ends, the CONSULTANT will discuss the recommendations with the
County and provide a separate proposal for an amendment for additional scope and
compensation
• The COUNTY will provide review comments within two weeks of delivery of submittals U)
requested to be reviewed iM
• The COUNTY will be available for key meetings within two weeks of the requested date M
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• Construction inspection/RPR services are not included in this scope of work 0
• CONSULTANT services for SFWMD and Contractor request(s) for information are generally >
limited to those items covered within the scope of services provided here-in. Additional
items, such as stormwater treatment facilities (ponds) and storm sewer design are not
included within this scope of services and will require an addendum to this contract .�
• The vertical extent of underground utilities will not be obtained for this project
• The SFWMD ERP application will not include information related to wetlands and/or
threatened and endangered species. Additionally, permitting with other agencies other U)
than SFWMD, such as the Army Corps of Engineers, Florida Department of Protection and t3
National Marine Fisheries is not included.These services if determined to be required during
the course of this project will require additional scope and budget
• COUNTY will pay all permit application fee
• LiDAR information will be provided by the County to analyze the vertical data on the roads.
19
U)
DELIVERABLES
0
CONSULTANT will provide the following deliverables to COUNTY:
• Meeting minutes to all attendees (e-mailed in PDF format)
• Conceptual design sketch to be included on 1 1x17 sheets with aerial background. The
design sketch will include proposed limits of reconstruction, milling &resurfacing, as well as
the proposed exfiltration trench locations
• Electronic delivery of the 90%design documents including, opinion of probable cost, draft E
specifications, and 90%plans �
• Three (3) hard copies (signed and sealed) and one (1) electronic copy of the 100%design
package to include the updated 100%cost estimate
On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements
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• Shop drawing review transmittals and responses
• Responses to RFIs (e-mailed in PDF format)
• CONSULTANT project documentation for close-out
• Monthly status reports (e-mailed in PDF format)
TIME OF COMPLETION/SCHEDULE
U)
CONSULTANT shall commence work within seven (7) calendar days after issuance of a written
notice-to- proceed from the COUNTY and the kick-off meeting will be scheduled within seven (7)
calendar days of notice to proceed. A project schedule will be submitted to the COUNTY at the
kick-off meeting.The total time allowed for completing the CONSULTANT's design services required _
under this Task Assignment is anticipated to be 9 months. Procurement is not under CONSULTANT'S
control but is expected to last 4 months from advertisement to Notice of Award. Construction
services are expected to be completed in 18 months from the Contractor's notice to proceed
date. U
COMPENSATION AND PAYMENTIL
cas
For the Basic Services performed under this Scope of Work, the COUNTY agrees to pay the
CONSULTANT a not-to-exceed fee of $255,891.71 for the Tasks 1.0 through 5.0 listed below and
subconsultant services, partial payments to be made on a monthly basis in proportion to the
percentage of work completed. For invoice purposes, only the value of each task is as shown in
Table 1, below. COUNTY agrees to pay CONSULTANT the not-to-exceed fee of $10,200 for other
direct costs. Subconsultants lump-sum fee is $90,003.00. The total value of this task authorization is
$356,094.71 as shown on Table 1, below, and on the Project Fee Estimate on the following page. U)
CONSULTANT will submit invoices on a monthly basis along with written monthly status reports.
Table 1 Compensation
Task Description Value
CL
CL
No.
1.0 DATA COLLECTION & PRELIMINARY DESIGN $28,868.52 .0.
0.
EVALUATION (not-to-exceed)
2.0 DESIGN AND PLANS PRODUCTION (not-to- $155,446.65 U)
exceed)
3.0 ENVIRONMENTAL RESOURCE PERMITTING (not- $11,556.32 (n
to-exceed)
4.0 GENERAL BIDDING SERVICES AND $25,237.22
ENGINEERING SERVICES DURING
CONSTRUCTION (not-to-exceed) U)
5.0 MEETINGS, PROJECT MANAGEMENT AND $34,783.00 ®_
QUALITY CONTROL (not-to-exceed)
OTHER DIRECT COSTS-NOT-TO-EXCEED $10,200.00
TOTAL NOT-TO-EXCEED VALUE $266,09171
Subconsultants (Lump Sum)* $83,003.00
TOTAL • • • 09
On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements
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Exclusions
The following tasks are not a part of this scope:
❖ Signalization Design
❖ Environmental Engineering
❖ Permit Fees
❖ Boundary surveys
❖ Landscape Architecture Services
❖ Sea Level Rise Adaptation Analysis
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On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements
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C.1.b
AGREEMENT FOR U)
0
ON CALL PROFESSIONAL ENGINEERING SERVICES
U)
This Agree ent A reement") made and entered into this day of
g (° g
20 by and between Monroe County, a political subdivision of the as
State of Flor a„ whose address is 1100 Simonton Street, Key West, Florida, 33040,
its successors and assigns, hereinafter referred to as "COUNTY," through the
Monroe County Board of County Commissioners ("BOCC"),
AND
—®
j a foreign corporation of the State of New York, authorized to
do business in the State of Florida, whose address is 7650 Corporate Center Drive,
Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to
as "CONSULTANT", or"CONTRACTOR".
0
WITNESSETH: U
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT for various County Projects located in Monroe County, Florida; and
WHEREAS, CONSULTANT has agreed to provide professional services for
miscellaneous projects in which construction costs do not exceed $2,000,000.00, for
study activity if the fee for professional services for each individual study under the
contract does not exceed $200,000.00.
The professional services required by this Contract will be for services in the form of 19
a continuing contract, commencing the effective date of this agreement and ending
four (4) 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 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. 00
Execution of a Task Order by the COUNTY or County Administrator and the
CONSULTANT constitutes the COUNTY's 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 a 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.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree
as follows:
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FORM OF AGREEMENT
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ARTICLE 1
REPRESENTATIONS AND WARRANTIES
E
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
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.
1.2 The CONSULTANT has become familiar with the Project site and the local
conditions under which the Work is to be completed.
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 cis
accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract cis
documents.
1.4 The CONSULTANT assumes full responsibility to the extent allowed by law
with regards to its performance and those directly under its employ.
1.5 The CONSULTANT'S services shall be performed as expeditiously as is -19
19
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. 00
1.6 At all times and for all purposes under this Agreement the CONSULTANT is
an independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this
Agreement shall be construed so as to find the CONSULTANT or any of its
employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
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, (s
or any other area affecting employment under this Agreement or with the
provision of services or goods under this Agreement.
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U)
ARTICLE II 2
SCOPE OF BASIC SERVICES
U)
2.1 SCOPE OF WORK
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.
2.3 NOTICE REQUIREMENT
0
All written correspondence to the COUNTY shall be dated and signed by an U
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 appropriate party by certified mail, return receipt requested, to the
following:
For the County:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216 19
Key West, Florida 33040 U)
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator 1�
1100 Simonton Street, Room 2-205
Key West, Florida 33040 CL
CL
For the Consultant: 00
Ronald M. Colas, PE, SI
WSP USA Vice President—Sr. Area Manager
7650 Corporate Center Drive, Suite 300
Miami, Florida 33126 �s
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services.
Should the COUNTY require additional services they shall be paid for by the
COUNTY at rates or fees negotiated at the time when services are required,
but only if approved by the COUNTY before commencement.
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3.2 If Additional Services are required, the COUNTY shall issue a letter U)
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 U)
and a notice to proceed from the COUNTY, shall the CONSULTANT proceed
with the Additional Services.
E
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the
Project including physical location of work, county maintained roads, and
maps.
a�
4.2 The COUNTY shall designate a representative to act on the COUNTY's
behalf with respect to the Project. The COUNTY or its representative shall
render decisions in a timely manner pertaining to documents submitted by
the CONSULTANT in order to avoid unreasonable delay in the orderly and
sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative
to the CONSULTANT if they become aware of any fault or defect in the
Project or non-conformance with the Agreement Documents. Written notice
shall be deemed to have been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly
progress of the CONSULTANT'S services and work of the contractors.
4.6 The COUNTY's review of any documents prepared by the CONSULTANT or M
its subconsultants shall be solely for the purpose of determining whether M
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 00
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
4-
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conduct of the CONSULTANT, subcontractor(s) and other persons U)
employed or utilized by the CONSULTANT in the performance of the 0
contract.
U)
6.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is
for the indemnification provided for above. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this Agreement. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONSULTANT, the CONSULTANT agrees
and warrants that it shall hold the COUNTY harmless and shall indemnify it
LM
from all losses occurring thereby and shall further defend any claim or U,
action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is
delayed or suspended as a result of the CONSULTANT'S failure to purchase
or maintain the required insurance, the CONSULTANT shall indemnify
COUNTY from any and all increased expenses resulting from such delays.
Should any claims be asserted against COUNTY by virtue of any deficiencies
or ambiguity in the plans and specifications provided by the CONSULTANT Z
the CONSULTANT agrees and warrants that CONSULTANT will 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.
a.
6.4 The extent of liability is in no way limited to, reduced or lessened by the
insurance requirements contained elsewhere within the Agreement.
°
5.5 This indemnification shall survive the expiration or early termination of the
Agreement.
19
ARTICLE VI
PERSONNEL
0
6.1 PERSONNEL >
0
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 as00
indicated:
NAME FUNCTION
Ronald M. Colas, PE, SI Principal In Charge
Mauricio Paredes, PE Project Manager
Andres Cardona, PE Deputy Project Manager
Rodrigo Pigna, PE QA/QC Senior Engineer
Eduardo Rodriguez, PE QA/QC Sr Inspector
QA/QC Technical Advisors (s
Joseph Todd Mitchell, PE Senior Engineer IL
Dale Helms, PE Senior Engineer
Ricardo Diaz, PE Senior Engineer
Roadway Design
Cecilia Villoria, PE Senior Engineer/Task Leader
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David Hubbard, PE Senior Engineer U)
Jose Otero, PE Senior Engineer 0
Yamila Hernandez, PE Senior Engineer
Carlos Benavides, PE Project Engineer
Dayami Cruz, El Project Engineer
Hansel Ayala Project Engineer
Odalys Miguel Senior CADD Technician
Si nalization Design n E
Amanda Kreiling, PE, PTOE Senior Engineer/Task Leader
Bharathi Chigurupati, El Project Engineer
Bridge' ign �
Roger Khouri, PE Senior Engineer
Gino Ageno, El Project Engineer U)
Deepak Sivasamy, El Project Engineer
Llghtin,a Design
Mark VanDeRee, PE Senior Engineer/Task Leader
Grace Patino, El Project Engineer
Bert Crouthamel Project Engineer E
Construction En ineerin & Inspection
Pomsit Chakkaphak, PE Senior Inspector/Task Leader
Keith Duke Senior Inspector
Traffic Studies U
Charles Hart, PE, PTOE Senior Engineer/Task Leader
Somaye Fakharian QOM, PhD Project Engineer
Transportation Planning Studies
John Lafferty Senior Planner
Thomas Rodrigues, AICP Planner
Shriram Ramaratnam Planner
Drainage Design
Sarah Amritt, PE Senior Engineer/Task Leader
Jacob McClish, PE Project Engineer
Permitting
Werner Reinefeld, PE Senior Engineer -19
Alan Sterental Project Engineer
Sea Level Rise Enalnegring Services
Mike Flood,AICP Senior Planner/Task Leader
Jerald Ramsden, PhD, PE Senior Engineer
Buildins Structures Engineering >
Esteban Anzola, PE Senior Engineer
Building Inspection &Assessment
Glen White .�
Contamination Assessment/Remediatlon 00
Curtis Dokken, PE
Kevin Cunniff
Ecological Engineering
Dylan Larson, CEP,PWS t3
William Mohler
Environmental Permitting, Monitoring and Compliance
Audrey Siu
Rob Stewart
Subsurface Utility En ineerin /Land Survgyinq
Marty Rossi, PSM Senior Surveyor/Task Leader
Karen Lynch Project Surveyor
Geotechnical Services/Material Testingcis
Hugo Soto, PE Senior Engineer/Task Leader
Rutu Nulkar, PE Project Engineer
Civil/Site Design
Andy Greenwood, PE Senior Engineer
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Eduardo Guinard, PE Senior Engineer U)
Roberto Socorro, El Project Engineer 0
Cecilia Martensson Project Engineer
Mechanical Electrical and Plumbing Fire Protection U'
Jonathan Quintero, El Project Engineer
Raisa Garrido Project Engineer
Tony Gazzia Project Engineer
Landsca a Architecture
Michael Kroll, FASLA Senior Architect
Public Involvement
Sandra Walters
i
Grant/Fundina Assistance U,
Sean Libberton
Thomas Rodrigues, AICP
GIS/LIDAR
Isabella Remolina °8
Ted Covill, CP,PPS E
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 U
they are replaced the CONSULTANT shall notify the COUNTY of the change
immediately.
ARTICLE VIL
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the 19
CONSULTANT'S performance of this Agreement based on rates negotiated
and agreed upon and shown in Attachment A.
4-
0
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. 00
Ir-
Payment will be made pursuant to the Local Government Prompt Payment
Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are W
materially changed by amendment to this Agreement after execution
of this Agreement, compensation due to the CONSULTANT shall be
equitably adjusted, either upward or downward;
(B) As a condition precedent for any payment due under this Agreement,
the CONSULTANT shall submit monthly, unless otherwise agreed in
writing by the COUNTY, a proper invoice to COUNTY requesting
payment for services properly rendered and reimbursable expenses
due hereunder. The CONSULTANT'S invoice shall describe with
reasonable particularity the service rendered. The CONSULTANT'S
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C.1.b
invoice shall be accompanied by such documentation or data in U)
support of expenses for which payment is sought as the COUNTY 0
may require.
U)
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in
the interest of the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and
living expenses in connection with travel authorized by the COUNTY, in
writing, but only to the extent and in the amounts authorized by Section
112.061, Florida Statutes; and
b. Cost of reproducing maps or drawings or other materials used in
performing the scope of services; and
c. Postage and handling of reports.
0
7.4 BUDGET i
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 -19
Commissioners and the approval of the Board members at the time of
contract initiation and.its duration.
4-
0
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the 00
required insurance at all times that this Agreement is in effect. In the event
the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or
maintain the required insurance, the CONSULTANT shall indemnify the
COUNTY from any and all increased expenses resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M.
Best rating of VI or better, that is licensed to business in the State of Florida
and that has an agent for service of process within the State of Florida. The
coverage shall contain an endorsement providing sixty (60) days notice to
the COUNTY prior to any cancellation of said coverage. Said coverage shall
be written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
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C.1.b
U)
A. Workers' Compensation insurance as required by the State of Florida, 0
sufficient to respond to Florida Statute, Chapter 440.
U)
B. Employers Liability Insurance with limits of One Million Dollars
($1,000,000.00) per Accident, One Million Dollars ($1,000,000.00)
Disease, policy limits, One Million Dollars ($1,000,000.00) Disease each
employee.
C. Comprehensive business automobile and vehicle liability insurance
covering claims for injuries to members of the public and/or damages to
property of others arising from use of motor vehicles, including onsite and
offsite operations, and owned, hired or non-owned vehicles, with One
Million Dollars ($1,000,000.00) combined single limit and One Million
Dollars ($1,000,000.00) annual aggregate.
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 employees,of its agents or subcontractors or subconsultants, �s
p Yees
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
($1,000,000.00) 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 forty-eight (48) months following the termination or expiration of this -19
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. 00
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.
G. CONSULTANT shall require its subconsultants to be adequately insured
at least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this
Agreement. COUNTY will not pay for increased limits of insurance for
subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or
a copy of all insurance policies including those naming the COUNTY as
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an additional insured. The COUNTY reserves the right to require a U)
certified copy of such policies upon request. 0
.2
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of U)
Insurance will be required. In addition, the CONSULTANT may be
required to submit updated financial statements from the fund upon
request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
U)
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of
any provision of this Agreement.
0
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS U
The documents prepared by the CONSULTANT for this Project belong to the
COUNTY and may be reproduced and copied without acknowledgement or
permission of the CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board
of County Commissioners for Monroe County and the CONSULTANT, which -19
19
approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this agreement. Subject to the provisions of the
immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the
successors, assigns and legal representatives of such other party.
00
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. W
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 (5) days' written notification to the CONSULTANT. a.
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.
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U)
9.6 CONTRACT DOCUMENTS 0
a�
This Agreement consists of the Request for Proposals, any addenda, the U)
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.
I
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on as
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
P Y p
public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, U
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 cis
CATEGORY TWO for a period of thirty-six (36) months from the date of
being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of
this Agreement will not violate the Public Entity Crimes Act (Section 287.133,
Florida Statutes). Violation of this section shall result in termination of this
Agreement and recovery of all monies paid hereto, and may result in
debarment from COUNTY's competitive procurement activities. 19
In addition to the foregoing, CONSULTANT further represents that there has
been no determination, based on an audit, that it or any subconsultant has
committed an act defined by Section 287.133, Florida Statutes, as a "public
entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved
or whether CONUSULTANT has been placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any
subcontractor or subconsultant is formally charged with an act defined
as a "public entity crime" or has been placed on the convicted vendor
list. W
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be
retained for a period of five (5) years from the termination of this Agreement.
Each party to this Agreement or its authorized representatives shall have
reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and
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for four (4) years following the termination of this Agreement. If an auditor U)
employed by the COUNTY or Clerk determines that monies paid to 0
CONSULTANT pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the U)
CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
I
This Agreement shall be governed by and construed in accordance with the
LM
laws of the State of Florida applicable to contracts made and to be performed
entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this
Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 0
16th Judicial Circuit, Monroe County, Florida, in the appropriate court or 0
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 U
court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition, or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid
or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions, and provisions of this Agreement,
shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the -19
fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY
and CONSULTANT agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS 00
The COUNTY and CONSULTANT agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative,
and out-of-pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the COUNTY and CONSULTANT and their
respective legal representatives, successors, and assigns.
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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 that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements
shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This Agreement is not subject to arbitration. The CONSULTANT
and COUNTY staff shall try to resolve the claim or dispute with meet and
confer sessions to be commenced within fifteen (15) days of the dispute or
claim. Any claim or dispute that the parties cannot resolve shall be decided
by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
°
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either 19
party relating to the formation, execution, performance, or breach of this U)
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.
00
9.17 NONDISCRIMINATION 17
CONSULTANT and COUNTY agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination �s
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 VII of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss.
1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
c�
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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 0
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss.
523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any a.
interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only
interest of each is to perform and receive benefits as recited in this
Agreement.
9.19 CODE OF ETHICS
19
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cu
COUNTY agrees that officers and employees of the COUNTY recognize and
will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding,
but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position;
conflicting employment or contractual relationship; and disclosure or use of
certain information.
00
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any
fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or
violation of the provision, the CONSULTANT agrees that the COUNTY shall
have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount
of such fee, commission, percentage, gift, or consideration.
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9.21 PUBLIC ACCESS. 0
Public Records Compliance. Contractor must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and
Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation L
of this provision by the Contractor. Failure of the Contractor to abide by the
terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of
all attorney's fees and costs associated with that proceeding. This provision
°
shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida
Public Records Law in order to comply with this provision. 4-
Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions
of this contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except 0
as authorized by law for the duration of the contract term and following U)
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County c
all public records in possession of the Contractor or keep and maintain public
records that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are 00
`0
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but if the County does not
possess the requested records, the County shall immediately notify the
Contractor of the request, and the Contractor must provide the records to the a.
County or allow the records to be inspected or copied within a reasonable
time.
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If the Contractor does not comply with the County's request for records,
the County shall enforce the public records contract provisions in accordance 0
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 0
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119 FLORIDA
STATUTES TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT CONTACT THE CUSTODIAN OF PUBLIC �
RECORDS BRIAN BRADL:EY AT PHONE# 305-292-3470
BRAD LEY-BR 1AN ^ .MONROECOUNTY—FL.GOV
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MONROE COUNTY ATTORNEY'S OFFICE 111.1 12
TH
Street SUITE 408 KEY WEST FL 33040.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the CONSULTANT and the COUNTY in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be U)
deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the COUNTY be required to contain any provision for ,-
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' 00
compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to
the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not a.
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
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obligation or responsibility. Further, this Agreement is not intended to, nor
shall it be construed as, authorizing the delegation of the constitutional or 0
statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
U)
9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of
this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder,
and the CONSULTANT and the COUNTY agree that neither the
CONSULTANT nor the COUNTY or any agent, officer, or employee of either L
shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in
this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
U
CONSULTANT agrees to execute such documents as COUNTY may
reasonably require, including a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement. Signature of this
Agreement by CONSULTANT shall act as the execution of a truth in
negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation pursuant to the Agreement are accurate,
complete, and current at the time of contracting. The original contract price
and any additions thereto shall be adjusted to exclude any significant sums
by which the agency determines the contract price was increased due to
inaccurate, incomplete, or concurrent wage rates and other factual unit costs.
All such adjustments must be made within one (1) year following the end of U)
the Agreement.
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9.27 NO PERSONAL LIABILITY c
0
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
00
employee of Monroe County shall be liable personally on this Agreement or 17
V.-
be subject to any personal liability or accountability by reason of the 17
execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
9.29 FEDERAL CONTRACT REQUIREMENTS.
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The Consultant and its subconsultants must follow the provisions as set forth
in Appendix I I to Part 200, as amended, including but not limited to: 0
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9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract' in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b).
E
9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must comply with the Davis-Bacon
Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a
week. The COUNTY must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all
suspected or reported violations to the Federal awarding agency. The
contractors must also comply with the Copeland "Anti-Kickback" Act (40 (s
U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is prohibited
from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The COUNTY must report all U)
suspected or reported violations to the Federal awarding agency. In
accordance with the Davis-Bacon Act, the CONTRACTOR or their
subcontractors shall pay workers employed directly upon the site of the work
no less than the locally prevailing wages and fringe benefits paid on projects
of a similar character. The current prevailing wage rates can be found at:
www,access. o. ovldavisbacon/fl.html under Monroe County.
00
9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the COUNTY in- excess of
$100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer a.
or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or
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articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence. 0
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9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal
award meets the definition of"funding agreement" under 37 CFR §401.2 (a)
and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any °M
implementing regulations issued by the awarding agency.
9.29.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act(33 U.S.C. 1251-1387), as amended, Contracts and subgrants of
amounts in excess of $150,000 must comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency 4-
and the Regional Office of the Environmental Protection Agency (EPA).
9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or
bid for an award exceeding $100,000 must file the required certification. 0
Each tier certifies to the tier above that it will not and has.not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of 00
`0
Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the non-Federal award.
9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
Other Federal Requirements: (n
9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will
comply with all the requirements as imposed by the ADA, the regulations of
the Federal government issued thereunder, and the assurance by the
CONSULTANT pursuant thereto.
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ca
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9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the
policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as
amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with COUNTY funds under this
Agreement. The DBE requirements of applicable federal and state laws and
regulations apply to this Agreement. The COUNTY and its 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 LM
federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the
CONSULTANT and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts,
entered pursuant to this Agreement.
9.30 The Consultant and sub cosultants shall utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the Consultant during the term of the Contract U
and shall expressly require any subconsultants performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the subconsultant during the Contract term.
9.31 The Appendices I, A and E of the FDOT Standard Professional Services
Agreement are attached hereto as Attachment B and the Certification for
Disclosure of Lobbying Activities on Federal Aid Contracts, the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
Federal Aid Contracts, and the Conflict of Interest/Confidentiality
Certification are attached hereto as Attachment C and all made a part V)
hereof.
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0
I TNESS WHEREOF, each party has caused this Agreement to be executed by
authorized representative on the day and year first above written.
00
BOARD OF COUNTY
` ) COMMISSIONERS
est: KEVIN MADOK, Clerk OF MONROE COUNTY,
FLORIDA
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Deputy Clerk MayorfChairmad..010
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Date;, r
MONROE COUNTY ATTORNEY'S OFFICE
vEb AS T F
20- 1` PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY
DATE:
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Attest,
BY;Title: )e
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END OF AGREEMENT
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ATTACHMENT A
CONSULTANT RATES
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7650 Corporate Center Drive I Suite 300 CD
Miami,Florida 33126
Direct:305-514-3144
VVWW.WSp.com
December21,2017
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Monroe County
102050 Overseas Hwy,Suite 229
Key Largo,FL 33037
Attn: Debra London
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Re: Monroe County On-Call Professional Engineering Services Contract
Dear Ms.London:
a�
Pursuant to your request,below are the firm's burdened labor rates proposed for the reference contract.
Should you have any questions or need additional information,feel free to contact me.
JOB CLASSIFICATION BASIC HOURLY RATE
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Chief Engineer $308.93
Clerical $106.71
Planner $136.74
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Principal in Charge $315.51
Project Engineer $156.11 tL
Project Manager $197.86
Senior Construction Manager $281.30
Senior Planner $217.55
Senior Project Engineer $212.03
Senior Project Manager $238.94
Senior Structural Engineer 316A5 t)
Senior Traffic Engineer $172.72
Traffic Engineer $113.94
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With kind regards, >
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WSP USA
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Mauricio Paredes,P.E.
Project Manager
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ATTACHMENT B >
APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL
SERVICES AGREEMENT
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R t l{",A I AGENCY Rt nt RnRR.f:°d(eR'4R'erD UR D)C RSA AI T R `L R 3rbo6®-ea 2
ForPR�t:)R'R�'�m�aRt��^RA waguR VL('ES(."t T'+D GRR �t"""'Kati �rso�r�rawau��euaewr �
aarrs �
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The follo ping term apply to all contracs in which it is indicated that the services rnvodva the expenditure of federal funds:
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A. It is u,rndarstcod and aagteed that ail rights of the Local Agency retatiang to inspection reviewer,appnavval„ 0
patents,rapy'righ4s,and aaadit of thawvark,tracing,plans,speofucatons,unaps,date,and cost records 91
relating to this Agreement shalt also be reaerved and he lid!try ounhoUzed representatives of the United �
Suites of Amartca
8,, it is understood and agreed that,in order to'pannn)t t est pardicipatiion„no supplermentad agreeniorxt of any nature �
rnney be entered into by the parddas hereto With regard to the work to be pert,med hereunder without the approval �
off t na LI.&Dapa omant of ransportadion,anything to the contrary in this Agreement not Mthstanding.
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C. Comptlan vAlh Ragulsti The Unsultant shalt comply with tie Regulations:raWiva to nondiscrimination in �
Faderally-assislad programs of the U.S.CIspartment of Transition Title 49,Code of Federal Reoritions,Pan �
21,as they may be armeanded from,time to time,(hereinafter reherredd to as the Regulations)„+hike are herein �
incorporat+acli by referernce and made a,part of this Agreement,
D NondIscriminallom The Consultant„with regard to the^Pmrk perdi during the contract,shell not discriminate �
on Me basis of race.coicu,nations oe[gin,sex,age„ddsablidy,religion or familystabis in ft selection and retention
otsubcontraclors,Includ"tng procurements of innalerial and teases of equipment. The Consultant shall not
padtcwpate ehhar directly or indirectly in the disortmination prohdbnod by Section 21.6 of the R fufataorts,Including �
employment practices vAen the contract covers a program set forth in Appendix S or the Regu llati ns.
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S. Solicitations for Subcontracts,dncludin Procurements of Materials and Equipment In all sokcitataons made burr "-
the Consultant,either bycam ditive b�ddrng or�nn gobatioru tar work to be peatorrruad under�a suuboor train, � U
inr,ludilng procurenients of materials and teasee of equipment,each potential subcontractor or supplier shall be Z
notfied by the Consultant of the Oonsultarn's obPagations under this diet and the Regulations relative to
nondiscrimination on tie bases of race,color,national oragdn x age,dusabulurty,religion or faaruualy status,
F, infornnabon and Reports. The Consultant wit@I provide all Wornnation and repnods rerpulrad by the Regulations,or :D
criasactnvas issued pursuant thereto,and shall permit aooess to its books records,accounts,other sources of
information,and its facilities as nnay+be determined by the Local Agency,Ponds Npatm om of Transportation, t!5
Federal Highway Administration,Federal Toansiil Administration,Federal Aviation Adnnrrulstratlon„andffor Federal
Motor Carrier Safety Adinrstration to be pertinent to ascertain coanpdiaance with suaofa Regulations,ordeal and
instructions. Where any informnadion,required of the Consultant is in the exclusive possession of anoti fails or
reli to rurni'sh this inn ioan the Consultant shall so certify to the Local Aqency Florida Department of
Transpcda3uon,Fedeaat Highway Administration,Feral Transit Administration,Federal Aviation Adinaanistratimi,.
arnrfdor fine Federal Motor Carrier Safety Administration as appropriate,and shaVp set forth what efforts It has"de to �
oblafn tits tnformnatton,
C. Sanctions for h9oncorniolla new In the event of the Consullant's noncornptramoa vvAin the nondiscrimination
provisions of this a taacdu the Local hem"y shall inirsuch contract sanctions ash or the Rormd�a Cepaatin t �
of Trarnspodeti,Federal Transit Adrmrndstration Fe deral Aviation Ad6 ndstration andfoa F'adarat Motor Cantor U)
Safety Adminislration may determine to bo appaoixtste„imchading;,but not lI mited to,
r. withholding of payments to the Consultant under the contract until the Consultant Wnpiros andfor —
2. cancellation, mx natworu or suspension c4 the coantract,in whole or in iPam �
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H. Inoorporaduon or Rovisior s: The Consultant nvw l indite the provisioans of Paragraph C thronugh t in eatery >
subcontract,include"ng procurements of umaterfals and leases or aatulpnro ant unless exempt bythe Regulations tinter„ L-
or instr uctdorns tsstra pursuant thereto. The Consultant shell take such action with respect to any subcontract or CL
rocrrurerment as the Local Agency,Florida Department of Transportation,Federal Highway Administration Federal dL
Transit Adnnniistration„F'ederat Aviation Administration,andfor the Fedaral hloW 4 uner Safety Administration may Q
derail as a moans of enrordng such proviisions,including sanctions for noncompliance. In the ent'a Con ultant
becomes Involved in,or is threaten°with,tiVfgallon^with d subconsultant or stq pffer as a result of such direction, 00
the Consultant may rettuest the L"at Agency to enter into such litigation to pioteci tea interests of the Laical �
Agency,and in addrtton,the Consultant may request than United States to enter Into such litigation to protect the I-
Interests of the,United States. �
d Compliance with Nondiscrimination Slahnas and Aukhor+ddes°Title Ell of the Cruti Right's Act of 1964 ff42 U S.C. 2000d W
sett. 78 stat,252D,(lprohibita discrimination on the basis of race,c or national odgink and 49 CFR part gf The LUnifornn �
Relocation Assialance and Real propert;p A puisi ion poldcles Act of 1970,(42 C.S.C. 464)1),(prohibits a fetr treatnnent w
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1 O(`M "pt�olx-. <Y��T�0((R,kyN1l f" tl)9 YCAL p~hply�'D r1.�rsVI PRCGwan�AraA5-044Ere4r
!Marl 1#Y'�.�.IFESSIO 'ki,SERVICES�W��EY 9 T -I TS 04115
Papa 2 of 3
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of persons displaced or whose property has been actpured because of Federal or Federal-aid programs and projects);
Faderal-Aid Highway Act of 1973,(23 t9 S.C.§324 et seq),1proh)bits discrauminatlon on the basks of sex)„Sactuon 5044 of
the Rehabilitation Act of 1973,(29 U.S C.§794 at secl.)„as amended,(prohibits dlsa:rdminal�n on the bas�is of dnsabifily),
and 49 CFR Part 27; The Age Uscrlmina ion Act of 1976, as arnendad, g42 (t,S,C § 9101 at seq,), (prohibits �
discrimination on the basis of age),Airport and Airway Improvement Act of 1992,(49 USC§471„Section 47123),as
amended,(prohibits dlscrknination based!on race„creed color„national or in or sex)„The,Civil Rights Restoration Act
of 1987,1P'L 100-249),)Sroadenad the scope coverage and applicability of Title V i of the Cull Rights Act of 1984,The CL
Age Drscrinilnatkon Act of 1976 and Socbtun 6044 of the Rehablldetion Aot of 1973,by expanding file definition of the
ternis'"progxams or actlylies°to Include all of the programs or acttvillas of the Federal-aid taclpionts,sub-mcipionts and �
contractors,whether such programs or activities are Federally funded or n )v Tiflas 1.1 and III of the Americans with �
Dmabilifies±fit which prohubfl discramumallon on the basis of disability in the operation of public entities,ptublic.and private r-
trarns,ponaton syslente,places of public accommodation,and certain feeling entities(42 US.C.§§ 12131._12199)as 0s
implamentd by Department of Transportation regulations at 49 C.F.R. parts 37 and 39; The Federal Aviation �
Administrattan s Non•dscnmbnation statute C49 Id.S C.§47123p(prohibits discrinination on the basis of race, color„
national or In„ and' sex); Executive Order 12898, Federal Actions to Address Environmental Justice in ootrity �
Populations and Loren-Income Populations, which ensures, non-cfis r minalion against mInority populations by �
dreootrraging programs,polcres,and activities with dilisproportuniately high and adverse human health or environfrnentaf
effects on minority and to+tar-larcorne populabow Executive Curler 13156 improving Access to Services for Persons wlth
limited Engfish, Proficiency, and resulting agency guidance, national origin discrimination inodudas dlscvirnnnafion
cause of Wbmlted E'ng0sh,proficiancy(LEP), To ensure compliance with Title Vt,Vou must take reasonable steps to
ensure that LEP persons have meaningful access to your programs¢70 Fed.Rag.at 74087"to 744100)7 Title IX of the �
Educalfon Amendments of $972„as amended, which prole tits you front discriminating because of sex In education �
programs or ad vldes(20 U S,C.'1551 of sacp).
lµ lnlorest of Members of Congress. No member of or delegate to the Congress of the LWnited States Y4[1 be 4-
admitted:to any share of part of this contrard or to any benefit afhAngl therefrom. U
X lntemtn of Public CfTscials: No member„o 'car,or employee of the publlc body or of a local public body during his
tenure or for one year thereafter shall have any interest,dire d or indirect,in this contract or the proceeds thereof.
For purposes,of this provision public body alhall include munacpalites and other Witical subdNisions of Slates;and �
pautahc corporations,boards,and commissions astab4ishd kinder the laves of any State,
L. losdicipatima by Dsadvantaged Business Ernarparises� The Consultant shall agree to abide by the folloWng (L
statement from 419 CFR 26 13(b) This slatements shall be included in all subsequent agreements betvmen the
Consultant and any subconsultant or contractor.
The Consulfanf°sub recipient or subcontractor shall not dfscrlminata on the basis of race,cOor,national
orug6,or sax In(die performance of this contract. The contractor shall carry out applicable requirements of �
49 CFR Part 25 in the m(vard and adruro)nistra#pon of DOT-assisted contracts, Fa4ure,by the Conran Cant to �
carry out these requirements is a material breach of this contract,wNch may result in tennination of this 4)
contract or other such remedy as the recipient deems appropriate.
R71, Wt is mtut,aatly understood and and that viilfFul falsification,distortion m rn*opro !ntation with resp :C to any 0
facts related States Code,Io The TRIIe 18 ection�20,is B In this hereby Incorporated is a vioalion of the Federal Law�by reference nd ahead p of this amens rartad U)
Nw It is understood and agiraod that if the Consultant at any time leams that than cerfafhcatlon it provided the d ocei �
Agency In compliance„vibh 49 CFR„Seddon 25.61,was erronams whan smudmnnod or has:become erroneous by -
mason of changed circumstances,the Consultant shall provide ur�dia�te' tten noli to the Local Agency,lit is 0
further,agireed that the clause tilted"Certification Re riling Debar nt„Suus nslon,ln6 pbillty and d'oWkrntarp
Exclusion•Lowar 1 air Covered Transaellon"as set 6orth in 49 CFI Section 29.510,shall fo Included by the M
Consaaltsaat in all lowrar tier covered trans tlons and in�alt afor�rnfond federal regulation.
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. The Local Agency hereby certifies that neither the consultant nor the constdtairfs representative has been required 91
by the(Local Agency,directly or Indirectly as an express or Implied condfduon in cannaoticwra c ally obte,Wng or
camying out this contract,to —
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1. employ or retain,or agree to employ or retain,any firm or person,or
2, pay,or agree to pay,to any fimh,person,of organizations.any fee,unbutton,dortatlon,or cons radon
of any kind;
The local Agency fud har acknov4eedges that this agreement Nilh be furnished to a federal agency„in connection �
with this contract involving participation of F"ader'af Atd funds„and is subject to applicable State and Federal Laws,
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LOCAL '~(.iE CY PRQ (rRANl F DER.0 AFDTFRNIS W54NO-84 2
For PROFESSIONAL SERNICES CONTRY"I'SPROGRAM MANAGFMMT
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both criminal and civil:
P. The Consultant hereby certifies that it has not:
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t. employed or retained for a cornm*zion„percentage,brokerage,contingent fee,or other consideration,any, 0
firm or person(orkt it than a krona ride ernplayse°working solely for the above contra or)to solicit or secure 91
this contract;
agreed,as an express or implied condition for obtatninq this contract,to employ or retain the serutcas of any
firm orperson in connection�,tta canying out this contract,or
3, paid',or agreed to pay,to any firm,organ4stion or pe mn(other than a bona fide amployes G orkung solely for �
the above contractors any tee coMribution,donafion,,or consideration of any kind For,.or m connection umm'ugh, as
procuring or carrying out the contract. �
The coTesultant further acknowledges Met this agreement r mlt be fumished to the Local Agency,the Bute of �
pPo6da Department of Transportation and a federal agenoyr in connection Arrth this contract involving parlccipation
of F erat-Aid funds and is subject to applir bie State and Federal Lzas,both c irininai and cIY4,
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APPENDICES A and E as
Revised 01/2015 U)
During the performance of this contract,the contractor,for itself,its,assignees and successors in
interest(hereinafter referred to as the"Contractor")agrees as follovis: E
(1 Compliance with Regulations-.The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the US, Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulalions, 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. 2M
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(2,)Nondiscrimination: The Contractor, with regard to the work performed during the contract,
shall not discriminate on the basis of race, color.,national origin, sex, age,disability, religion
or family status in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21,5 of the Regulations,, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
(1)Solicitations for Subcontractors,including Procurements of Materials and Equipment: 0
In all' solicitations made by the Contractor, either by competitive bidding or negotiation for U
work to be performed under a subcontract,including procurements of materials or leases,of z
equipment,each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obfigabons under this contract and the Regulations relative to nondiscrimination
on the basis of race,color,national origin,sex,age,disability,religion or family status. :D
(L
(4,)Information and Reports: The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto,and shall permit access to its books,
records,accounts,other sources of infonnafion,and its,facilities as may be determined by the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in,the exclusive possession of 0
another who fails or refuses to furnish this information the Contractor shall so certify to the 19
Florida, Department of Transporfalion, the Federal Highway Administration, Federal Transit U)
Administration, Federal Aviation A dministra lion, andlor the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information. 4-
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(5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the >
nondiscrimination provisions of this contract, the Flotide Department of Transportation shall 0-
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit 91
Administration, Federal Aviation Administration. and/or the Federal Motor Cartier Safety
Administration may determine to be appropriate,including,but not limited to:
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a, withholding of payments to the Contractor under the contract until the Contractor
complies,and/or
b, cancellation,termination or suspension of the contract,in whole or in part
(6.)Incorporation of Provisions., The Contractor shall include the provisions of paragraphs(1)
through (7) in every subcontract, including procurements of niaterlals and leases of ILL!
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equipment, unless exempt by the Regulations. or directives issued pursuant thereto. The ILL!
Contractor shall take such action with respect to any subcontract or procurement as the
Florida, Depadment of Transportation, the Federal Highway Administration, Federal Transit
tas
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Administration, Federal' Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may direct as a means of enforcing such provisions Induding: sanctions for
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noncompliance. In, the event a Contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or supplier as a result Of Such direction, the Contractor may
request the Florida, Department of Transportation to enter into such litigation to protect the
interests of the ftrida Department of Transpoilation, and, in addition, the Contractor may E_
request the United States to enter into stAch litigation to, protect the interests of the United 0
States, CL
f (7.)Compliance with Nondiscrimination Statutes,and Authorities: Title VI of the Civjjl Rights
Act of'1964(42 U.S.C.§20,00d et seq., 7'8 stat. 252),(prohibits discrimination on the basis of
race, color, national origin), and 49 CFR Part 21; The Uniform, Relocation Assistance and
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Real Property Acquiisit!ion Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment
of persons displaced or whose property has been acquired because of Federal or Federal-aid!
programs and projects); Federal-Aid Highway Act of '1973, (23 U,S.C, S 324 et sect.),
(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of '1973,
(29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of djsabflity)„
and 49 CFR Part 27:The Age Discrimination Act of 1975„as amended,f42 U S,C. §6 101 at
seq.), (prohibits discrimination on the basis of age)-,Airport and Airway Improvement Act of
1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race,
creed, coior, national origin,or sex); The Civil Rights Restoration Act of'1987,(PL 100-209), 0
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(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, U
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by z
expanding the definition of the terms'programs or activities"to include all of the programs or
activities of the Federal-aid recipients, sub-recipients and contracto,rs, whether such
programs or activities are Federally funded or not)n Titles $11 and 1,11 of the Americans with
Disabilities Act, which prohibit dis,chmination on the basis of disability in the operation of IL
public entities, public and private transportation systems, places of public accommodation,
and certain testing,entities (42 Ll&C,§§ 12131 -- 1218,9)as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Admi i nistrati on's Non-discrimination statute (49 UI,S,C. § 47123) (prohibits discrimination on
the basis of race, color, national)origin,and sex),, Executive Order 12898, Federal!,Actions to
Address Environmental Justice in Minority Populations and Low -Incorne Populations, which
ensures non-discrimination against minority popWations by discouraging programs, policies,, 0
and activities with disproporfilonately high and,adverse human health or environmental effects -19
on minority and low-income populations: Executive Order 13166, Improving Access to 4 M U)
Services for Persons with Limited! English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency 4-
iLEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that 0
LEP persons have meaningful access to Your programs (70 Fed. Reg. at 74087 to 74100):
Til�le IX of the Education Amendmenis of 1972, as amended, which prohibits you from 0
discriminating because of sex in education programs or activities,(20 U.&C. 1681 at seq).
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ATTACHMENT C
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Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion for Federal Aid Contracts
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PROCUREMENT
10101 U)
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20.100(b)) E-
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The prospective participant certifies, by signing this certification,that to the best of his or
her knowledge and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or
employee of any federal agency,a Member of Congress, an officer of employee of
Congress,or an employee 9
to ee of a Member of Congress in connection with the awarding of
any federal contract,the making of any federal grant,the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment,or modification of any federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any U
federal agency,a Member of Congress,an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant, loan,
or cooperative agreement,the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. IL
(Standard Form-LLL can be obtained from the Florida Department of Transportation's
Professional Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to 19
a civil penalty of not less than $10,000 and not more than $100,000 for each such U)
failure.
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The prospective participant also agrees by submitting his or her proposal that he or she O
shall r ttir that the language of this certification be included in all lower tier
sub ntraict',which exceed $100,000 and that all such subrecipients shall certify and
di lose a ordingl _ CL
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a o ultant:
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l3 Date: Authorized Signature
Title: �s
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 0,30-32 (�
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PRO JRENwENP
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS r)
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspel ed,propo for debarment,declared
ineligible,or voluntarily excluded from participation in this transaction by any federal partrin,' agency.
e GY
Name of ConsultanttContractor
�
Cate; — .
Title:
1n_§t[Mr.0Qn.s forCeltiklcaltodl
Instructions for Certification-Lower'I rer Participants:
(Applicable to ail subcontracts,purchase orders anti other tower tier transactions requiring prior FhtWA approval or estimated to �
cost$25,000 or more-2 CFR Parts 180 and 1200)
a.By signing and submllting this proposal,the prospective lower tier is providing fhe certification set out balow.
b The certification in this clause is a material representation of fact upon which reliance was iced when this transaction was
entered into.If it is laterdetenained 0W the prospective lower tier participant kn aingly rendered an emoneous certification,In 0
addition to hoer rem dies available'to the Federal Government,the department,or agency with which this transaction originated 4-
may pursue available remedies„including suspension a!ndfor debarment, Z
r The prospective lower fier participant shall provide Immediate written notice to the persorn to which,this proposal is submitted if Q
at any time the prospective lower tier participant learmns that Its:certification was erroneous by reason of changed circumstarnces.
d,The terms'covered transaction,"»'"debarred""susperuded""inel�igible""participant,'"person,""principal,"and"voluntarily IL
excluded,"as used in this douse,are defined in 2 CFR Parts 180'and 1�00.You may contact the person to wrwhicti this proposal �
is submilted for assistance In obtaining a copy of those regulations First Tiger Covered.Transactionns'refers to any covered
transaction between a grantee or subgrantee:of Federal funds and a participant(such as the prime or general conirad) "'Lower
Tier Covered Transactions"refers to any covered transaction under a First Tier Cowered Transaction(such as sulbcontracts).
"First Tier participant'refers to the participant who has entered Into a crave-red transaction vwlth a grantee or subgrantee of
Federal funds(such as the pirime or general oontraclor)."Lover Tier Participant"refers any particapant„»who has entered into a �a
covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcorrivactors and suppliers), �
0
e.The prosperAive lowwer tier participant agrees by submitting this proposal that,should the proposed covered transaction be 19
entered into,it shall not knowingly enter into any lower tier covered transaction vwilh a person who us debarred,suspended, U)
declared ineligible.or voluuntarlly excluded from participation In this covered transaction,unless authorized by the department or �
agency with which this transaction originated. �
4-
f,The prospective lower der participant further agrees by submitting this proposal that it will include this cdause titled O
"Certification Regarding:Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lover Tier Covered Transactor'withwt 1�
modification.In all tower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
25.aoo threshold
g.A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier covered
transaction that is not debarred.suspended„'ineligible,or voluntarily excluded from the covered transaction,unless it knows that
the reffification is erroneous.A participant is responsible for ensuring that its principals are not suspended debarred,or 00
otherwise ineligible to participate In covered transactions.To verlfyw the eligibility of its principals,as well as the eligibility of any, �
wer der prospecluve participants,each participant may,but Is not required to,check the Excluded Parties List Systenn website(https'�lhvww,epls.gov/),which is complied by tine General Services Administration, �
In.Nothing contained in me foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certifucatiomn required by this dausa.The knowledge and Information of participant is not required to exceed that W
which is normally possessed by a prudent person in the ordinary course of business dealings, X
W
i Except for transactions au0ioaiu"zed under paragraph a of these instructions,If a particpant in a covered transaction knowingly
enters Into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from ry
partidpation in this transaction,in addition to other remedies available to the Federal Government,tlne department or agency �
with which this transaction originated may pursue availebta remedies,including suspension andfor debarment, �
IL
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C.1.b
STATE OF FLORIDA DEPARTMEW OF T SPORTATION 31'i-Q3tt-50 $)
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRO uRFMG;Iv"' 2
Orc-�a/t'� (�
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS >
l cerfify that I have no present conflict of interest,that.I have no knowledge of any conflict of interest that my firm may have,and that I t)
wrcl l recuse my^seff from any capacity of decision making,approval,di'sapprol or recommendation+tea any contract if I have a conflict of cm
interest or a potenfiat conflict of interest,
Consultants/Contractors are expected to safeguard their ability to make objective,fair.and impartial decisions when p r!"ofming work for
the Department and therefore may not accept beneflls or any,sort under circrumstances in which it oourld be inferred by a reasonable
observer that the benefit was intended to Influence a pending or futuredecfslon of theirs or to reward a past decision Consultants 0
performing work for the,Department should avoid any,conduct(whether in the context of business,financial,of social retatronshipsj
Iodith might undermine the public trust,whether or not that conduct is unelhuoaf or lends itself to the appearance of ethical impropriety,
i will maintain the confidentiality of all'information not made public by flee Florida Department of TransportafliDn C Departlment)related to
the procurement of the above-refereatil("Prol that I gain access to as a result of my involvement vial.the Project "rocurement �
infornaatfon"),,l uniderstand that procurement lnformahon includes,brat is not limited to,documents prepared by or for the Depa"merut �
related to procurement of the project,I also understand that Procurement information Includes.but is not limited to,documents e9t
submitted to the Department by enfdies seeking an award of the Project t"Proposers"'j,I understand that Procurement Informalron may
include documents submitted by Proposers related to letters all responseileliters of interest,technical proposals,price propo ls, �s
financial proposals,and informations sphered during exempt.meetings,I also understand that Procurement infonmaahion may also include �
documents that evaluate or review,documents submitted by proposers,and information regarding project coast esl mates,1 also agree �
not to discuss the Project+with anyone who is a member'of or aacffng on behalf of a Proposer, �
Unless so ordered by a court or competent jurisdiction or an opinion of the Office of the Florida Attorney General,1°uwiit not divulge any cm
Procurement Information except to inrlIkAduals who have executed a Conflict or lntemesdConfldentiatity Ceil9cation which has been �
approved by the Department("ProjeotPersonnel'),li understand drat a list of Project Personnel All be maintained by Department. If I �
am contacted by any inernber of the public or the media w+uith a request for Procurement information,l will promptty il such 0
request to the De dment°s Procurement Office,I will also maintain sel and comwoli over all documents containing Procurement "-
Information^rich are in amyl custody„ U
Z
l agree not to sotuclt or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any limn under
considewation for an agreement associated wTrifh the project,and I reoognfxe that doing so may be contrary to statutes,or°diinana ,acid �
titles governing or�plicable to the Department or may alb"se be a violation of the law,
t agree not to engage in bid tampering,pursuant.to Section 838 22,Florida Statutes. (L
t!5
I,realize anal violation of the above mentioned standards couid result In the temninafton of snywork for the Department, t further real ze
that violation of the above mentioned statute would be punishable in acoordans wwith Section 838�. 2,Filol Slatute s,.
Advertisement No./ Description Finar lit project Nurl �
No
ag
Solicitation
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. U)
-- ------- _ _.
0
Each undersigned individual agrees to the to s o 'Is Conflict'f Interest/Confidentiality Certification.
0
Names Sign a Date
grin r:d �
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