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Item C28 C.28 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: C28 Agenda Item Summary #5520 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305)295-4306 N/A AGENDA ITEM WORDING: Approval of a task order with Kisinger Campo and Associates, Corporation for Engineering Design and Permitting Services for the Harbor Drive Bridge Replacement Project in a total not to exceed amount of $612,039.75, plus estimated expenses of $14,700.00 for a total of$626,739.75. This task order is being awarded under the Agreement for On Call Professional Engineering Services. ITEM BACKGROUND: Harbor Drive Bridge (Bridge 4 904604) is one of the four Historic Duck Key Bridges. Section 106 consultation has been completed and a Memorandum of Agreement (MOA) has been signed by Monroe County, the United States Coast Guard and the State Historic Preservation Office. The purpose of this project is to replace the Harbor Drive Bridge while meeting all of the requirements of the MOA. The existing bridge is a single bridge span channel beam bridge supported by wrap around wall abutments. The bridge and roadway typical section will accommodate two I F travel lanes with 2.5' outside shoulders and a 5' sidewalk to accommodate pedestrian traffic. The results of the Monroe County Bridge Assessment Report that was part of the Monroe County Bridge Inventory Management Project, determined the Harbor Drive Bridge (4904604) is in need of replacement. This task order is being awarded under the Agreement for On Call Professional Engineering Services, which is utilized when the estimated construction cost do not exceed $2 million in accordance with F.S. 287.055. PREVIOUS RELEVANT BOCC ACTION: In August 2018 the BOCC approved a Memorandum of Agreement (MOA) between the United States Coast Guard, the Florida Historic Preservation Office (SHPO) and Monroe County. In January 2018, the BOCC approved the On Call contract for Professional Engineering Services between Monroe County and Kisinger Campo & Associates, Corporation. In March 2014, the BOCC approved a task order for the Monroe County Bridge Inventory Packet Pg. 821 C.28 Management Project between Monroe County and Kisinger Campo and Associates, Corp. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve task order for engineering design and permitting services. DOCUMENTATION: Harbor Drive Bridge TO 4_25_2019 KCA approved COI exp. 9-1-19 Kisinger Campo - EXEC - 1-17-18 FINANCIAL IMPACT: Effective Date: 5/22/19 Expiration Date: 60 days after project completion Total Dollar Value of Contract: $626,739.75 Total Cost to County: $626,739.75 Current Year Portion: $160,000.00 Budgeted: Yes Source of Funds: 102-22561 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Judith Clarke Completed 05/02/2019 8:25 AM Christine Limbert Completed 05/02/2019 9:40 AM Budget and Finance Completed 05/06/2019 4:58 PM Maria Slavik Completed 05/07/2019 9:39 AM Kathy Peters Completed 05/07/2019 8:49 PM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 822 C.28.a TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO & ASSOCIATES, CORP. FOR HARBOR DRIVE BRIDGE REPLACEMENT 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 Kisinger Campo & Associates, Corp., hereinafter referred to as "Consultant" where professional services are allowed if construction costs do not exceed $2,000,000. U) 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. 06 This Task Order is effective on the 22nd Day of May, 2019 and shall expire 60 days after construction is complete. Article II Scope of Basic Services, Paragraph 2.1 is amended as follows: U) The scope of services for the Harbor Drive Bridge Replacement Project (Bridge #904604) will U) include delivering construction plans and specifications, permitting and support during the bidding of the project required for the replacement of the Harbor Drive Bridge and associated a. L roadway reconstruction. The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and 0 materials specified for use shall be readily available unless written authorization to the contrary -19 19 is given by the County. Details of the scope of services are outlined below and included in the Consultant's proposal that is attached to this task order as Exhibit A. LO N 1.0 DESIGN DEVELOPMENT 1ql 1.1 The Engineer shall prepare a Design Development Letter Report for the County's approval. The Design Development Report shall consist of a written document that establishes and describes the size and character of the proposed bridge replacement, materials and such other elements as may be appropriate. The report will contain a conceptual cost estimate. 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project, the Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications E Harbor Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 5/22/19 Page 1 of 8 Packet Pg. 823 C.28.a setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the most current version of the following: a 1. Florida Department of Transportation Design Manual. 2. Florida Department of Transportation Design Standards 3. Florida Department of Transportation Surveying Procedure 4. Florida Department of Transportation Drainage Manual 5. Florida Department of Transportation Soils and Foundations Handbook 6. Florida Department of Transportation Structures Manual (625-020-018) including Temporary Design Bulletins 7. Manual of Uniform Traffic Control Devices (MUTCD). a. 8. American Disabilities Act U) 0 9. Florida Department of Transportation Pavement Coring and Evaluation Procedure 10. Florida Department of Transportation Flexible Pavement Design Manual U) 11. Florida Department of Transportation Rigid Pavement Design Manual 0 12. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways 14. Florida Statutes 15. Florida's Bicycle Facilities Planning and Design Handbook. -19 19 16. AASHTO Guide for the Development of Bicycle Facilities 17. Florida's Quality/Level of Service Handbook for Planning LO 18. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5 Iq AASHTO Bookstore). 19. The Highway Capacity Manual (Transportation Research Board) a 20. FDOT Standard Specifications for Road and Bridge Construction (with supplemental specifications). a 21. Facilities Design Manual (Topic No. 625-020-016-a) 22. AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications 23. Right of Way Mapping Procedure (Topic No. 550-030-015-e) Harbor Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 5/22/19 Page 2 of 8 Packet Pg. 824 C.28.a 24. Project Development and Environmental Manual Parts 1 and 2 (Topic No. 650- 000-001). ° Where FDOT design standards cannot be met the Consultant will request a design variance or exception. 0 2.2. The Consultant shall provide Drawings and applicable Technical Special Provisions to the County for the County's review (the Florida Department of Transportation Standard Specifications will be incorporated by reference) at the 30%, 60%, 90% and 100% stages of the project. The Consultant shall respond to questions resulting from County review and incorporate any required revisions to the construction drawings and specifications. Design calculations package will be submitted with the 100% phase construction drawings. E 2.3 The Consultant will provide a construction cost estimate and a project schedule at each phase submittal. 2.4 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 5 sets of Construction Documents that have been signed and sealed by the Consultant. The Consultant shall also provide an electronic version of g the construction documents. 0 2.5 The Consultant shall assist the County in the preparation of the necessary bidding a. information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. ° 2.6 The Consultant's construction documents (plans, specifications, etc.) will conform to all codes and regulations of the federal government, county, state, municipalities, 0 agencies and state departments, in effect at the date of this Agreement, and shall be of such -19 19 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 areLO i 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 Iq receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.7 The Consultant shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Consultant shall file (through the County) the necessary documents to obtain Environmental Resource Permits and all other permits required for construction. The County shall be responsible for the timely submittal of all permit application fees. Harbor Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 5/22/19 Page 3 of 8 Packet Pg. 825 C.28.a ° ° 2.8 As needed by the County, the Consultant will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. U) 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS > To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay a. 06 Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Environmental Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Design Manual. 3.2 Specifications —specifications will conform to the most recent version of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge U) Construction or the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook). Comprehensive, abbreviated 0 methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.3 Schedules— Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. 19 4.0 CONSTRUCTION COST U) Contemporaneously with the submission of each phase of the Design, the Consultant shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted Lol by the Engineer to reflect any increase or decrease in anticipated price resulting from a change i in Design. 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 4.2 The Construction Cost shall include the cost at current market rates of labor and ° materials and Equipment designed, specified, selected or specially provided for by the 2 Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Consultant and the subconsultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. Harbor Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 5/22/19 Page 4 of 8 Packet Pg. 826 C.28.a 5.0 CONSTRUCTION PHASE a The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or a both. 0 The Consultant must reimburse the County for any "added costs" paid by the County for additional construction costs that were incurred as a direct result of any error, omission, U) deficiency, or conflict in the work product of the Consultant, its consultants, or both. "Added > costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency, or conflict in the work project. The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the project or would have been incurred had no error, omission, or deficiency occurred, and addressed by a change order of already established unit a. 06 costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of documentation or physical inspection of the site by the Consultant. U) U) REMAINDER OF PAGE LEFT BLANK 0 a. - 0 19 U) cv LO i cv i a a Harbor Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 5/22/19 Page 5 of 8 Packet Pg. 827 C.28.a Article VII Compensation, Paragraph 7.1 is amended to read: ° The Consultant shall be paid monthly. The total Not To Exceed lump sum fee of$612,039.75, in accordance with the rates in the On Call Agreement, plus estimated expenses of $14,700.00 (actual itemized amount) will apply and is estimated as follows: KCA FEE Project Management $32,876.25 U) Public Involvement $26,898.75 > Roadway/Maintenance of Traffic $55,884.00 Signing and Pavement Marking $8,909.00 Drainage $18,495.00 Structures $322,512.00 Environmental Permitting $40,633.00 TOTAL $506,208.00 SUBCONSULTANT FEE Coastal Engineering - Intera $34,656.80 Utility Coordination — Keith and Associates $11,320.00 Survey/SUE— Keith and Associates $20,540.00 a. Geotech —Tierra South Florida $36,639.95 Lead/Asbestos Survey— Intera $2,675.00 TOTAL $105,831.75 TOTAL DESIGN FEE $612,039.75 ESTIMATED EXPENSES 19 Project Manager (County Meetings, Coordination, Etc.) $3,200.00 Roadway $800.00 Structures $800.00 Environmental $1,400.00 cvi Coastal Engineering — Intera $800.00 v Survey/SUE — Keith and Associates $2,400.00 Geotech —Tierra South Florida $4,500.00 TOTAL EXPENSES $14,700.00 ° ° Harbor Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 5/22/19 Page 6 of 8 Packet Pg. 828 IN WITNESS WHEREOF, each party caused the Task Order to be executedby its duly M authorized representative. w Kisinger Campo &Associates, Corpn s r) April ,2 19 April 24.2019 Sig nature (Fatal O, Foley„If,E) Date Signatureate sldent as `Title 06 a� (SEAL) BOARD OF COUNTY COMMISSIONERS Attest KEVIN MADOIK, ClerkFLORIDA U) r) 4T 0 By: DeputyPerk Mayor/Chairman Date: 19 ra) cv LO cv Iq MONROE COUNTY AT7 mayf CMUSTINE LATHERY HARROW$ ASSISTANT COl ,?' DATE: a 0 l ltulr r IDihve II:RMI.,re a cp;aarere mit Fok Order KttOp er Rn'"s mj[m&Asso6atrs,4°rcrrp Vap 7 of lr Packet Pg. 829 C.28.a 4) a a ATTACHMENT A CONSULTANT DETAILED SCOPE OF SERVICES/PROPOSAL U) E a� U) U) 0 0 19 U) cv LO cv Iq cm a a Harbor Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 5/22/19 Page 8 of 8 Packet Pg. 830 C.28.a l/// //e"eI' �, S III I I io f / ASSOC TES March 14, 2019 Judith S. Clarke, P.E. Director of Engineering Services 1100 Simonton Street Key West, Florida 33040 U) Project Description: Monroe County on Call Professional Engineering Services -2017 Contract 0 (n cm Re: Task Work Order 43 —Harbour Drive Bridge Replacement E Dear Ms. Clarke: 06 r_ Kisinger Campo &Associates (KCA)is pleased to submit this Scope of Services and Fee Estimate for the 0 above referenced project. This project will consist of the production of construction plans and specifications as well as the public involvement and permitting required for the replacement of the Harbour Drive Bridge and associated roadway reconstruction. Tasks will include roadway design,structures design, drainage design,maintenance of traffic,environmental/permitting,public involvement,utility coordination, coastal engineering, survey, subsurface utility engineering (SUE) and geotechnical engineering. For additional scope details, see the attached Scope of Services and Staff Hour Estimation Forms. 0 We have estimated the level of effort required for all engineering services described above. Our total estimated lump sum fee amounts to $612,039.75. This fee includes all KCA efforts and sub-consultant efforts,coordination, QA/QC and supervision. The fee estimate is based on hourly rates which include our overhead. Our expenses were estimated separately and are not included in the lump sum fee estimate. Our total estimated expenses amount to $14,700.00. Expenses will be itemized and submitted separately with each -19 19 invoice. For a detailed description of the lump sum fee and estimated expenses see the fee proposals in the attached Appendix. We sincerely appreciate the opportunity to continue our working relationship with you on this project. LO i Please do not hesitate to call me if you have any questions or need any additional information. C14i Iq Best Regards, 0 Jason L. LaBarbera, P.E. Project Manager File: 12017.57(KCA) CY 201 North F�r,"iiikI n 5areeL,`,i.A e 400 1 anrh,r f I m id a ?,3602 M3 871 G:M 813 81I.`031-,, � Packet Pg. 831 C.28.a f/pioa // G8 Harbour Drive Bridge Replacement ° Scope of Services CIO Task Work Order # 3 Monroe County On-Call Engineering Services Date: March 14t",2018 1. PROJECTTITLE: 06 Harbour Drive Bridge Replacement (Bridge#904604). U) 2. SCOPE OF SERVICES: 0 U) The Consultant will complete construction plans, specifications, permit applications, and public involvement for the Harbour Drive Bridge Replacement(Bridge#904604). The existing bridge is a single o 0 span channel beam bridge supported by wrap around wall abutments. The proposed replacement will be a phase constructed, single span custom concrete arched beam bridge supported by end bents with wrap around retaining walls. The bridge and roadway typical section will accommodate two 11' travel lanes with 2.5'outside shoulders and a 5' sidewalk to accommodate pedestrian traffic. The approximate span length with be 55'. The approach roadway alignment and profile will be adjusted as necessary for the new bridge typical section. The Harbour Drive Bridge is one of the four Historic Duck Key Bridges. Section 106 consultation has been U) completed and a Memorandum of Agreement (MOA) has been signed by Monroe County, the United States Coast Guard and the State Historic Preservation Office. The purpose of this project is to replace the Harbour Drive Bridge while meeting all of the requirements of the MOA. LO cv This scope of services is consistent with the level of effort required for a County funded bridge Iq replacement project. If federal funding becomes available, a change order will be required for the additional effort needed to meet the requirements of the National Environmental Policy Act(NEPA) and comply with the FDOT Efficient Transportation Decision Making (ETDM) process. CIO 3. SPECIFIC SERVICES 0 • Environmental & Permitting: The Consultant will perform a field investigation within the project right-of-way (ROW) to identify wetlands and protected species. The Consultant will prepare a report summarizing the results of the field investigation. This report will be used to coordinate with environmental regulatory and resource agencies during the permitting phase of the project. The Consultant will prepare permit applications (or applicable exemption notices) for the South "0:q l'wp)rflu lluraiikhnu tlu'7M'SuItlo 1111pa, I1InIi I tla'',,u,VV i,tl 3 Kil tl 'n33 i,tl 3;, Packet Pg. 832 C.28.a INf/pioa /, Florida Water Management District (SFWMD), the U.S. Army Corps of Engineers (USACE), and as the U.S. Coast Guard (USCG). It is anticipated that construction of the proposed structures will meet the requirements of a SFWMD General Permit or exception and that a Stormwater CIO Pollution Prevention Plan (SWPPP) will not be required. The proposed replacement structure is 0 also anticipated to meet the criteria of a Nationwide Permit (most likely a NWP 3, Maintenance, or NWP 15, U.S. Coast Guard Approved Bridges) for the USACE, or be exempt from USACE permitting. The Consultant will prepare a U.S. Coast Guard (USCG) Bridge Permit application and submit it to the USCG for processing.The Consultant will coordinate with the Florida Keys National Marine Sanctuary (FKNMS) to obtain any required environmental clearance for the project from U) this agency. This Scope of Services is exclusive of any environmental mitigation for wetlands, mangroves, seagrasses, corals or protected species. Formal consultation with Federal resource agencies(USFWS and NMFS)and preparation of Endangered Species Biological Assessments(BAs) or evaluation of Essential Fish Habitat (EFH) are also not included. • Drainage: The Consultant will analyze the existing drainage at the bridge location and will 06 provide positive drainage for the bridge replacement and proposed sidewalk.The existing bridge U) does not have scuppers and the adjacent roadways do not have any storm sewer systems. Drainage improvements such as shallow swales and flumes may be required;however,the design of stormwater treatment systems are not anticipated and are excluded from this scope of work. g The new bridge will be analyzed to determine if scuppers are required; however, they are not anticipated. Erosion control will be shown in the roadway plan sheets. o 0 0 • Bridge Hydraulics: The Consultant will provide a Bridge Hydraulic Report (BHR) showing the result of the existing and proposed hydraulic analysis at the bridge location.This will also include a scour and coastal engineering evaluation. The BHR and Bridge Hydraulic Recommendation _ Sheet(BHRS)will be provided. • Roadway: The roadway design may require an adjusted longitudinal grade to accommodate the bridge replacement. It is assumed the proposed profile will be very similar to the existing U) profile even though the existing profile does not meet minimum K Value requirements or .� stopping sight distance requirements. Roadway profiles and cross sections will be developed as necessary to accommodate the bridge replacement. The Consultant shall provide roadway C14LO plan/profile, cross section, maintenance of traffic plan and any necessary detail sheets. For a `di Iq detailed list of roadway plan sheets, see the attached Staff Hour Estimation Forms. The Consultant shall also prepare detailed quantities and construction cost estimate. _ Remaining effort includes time for meetings, coordination and quality control reviews. CIO • Structural: The Consultant will prepare a Bridge Development Report(Memo)to determine the most cost effective bridge replacement solution. After county approval of the recommended bridge concept the consultant will begin production of final construction plans, quantities, cost estimates, and specifications for the bridge replacement and associated walls. It is anticipated that the structure will be comprised of reinforced/prestressed concrete components and be similar in overall geometry in an effort to minimize roadway reconstruction and environmental impacts. Custom bridge components such as decorative railing and custom arched beams will be "0:q l'wp)rflu 11u1 ilkIunu tlu'7M'sultlo 1111pa, I11Inlo I tla'',,u,VV ;,tl 3,, tl 'n33 i,tl 38 Packet Pg. 833 C.28.a f/pioa // utilized in order to meet the requirements of the MOA. For a detailed list of structural design as efforts and anticipated plan contents, see the attached Staff Hour Estimation Forms. ° • Utility Coordination: The Consultant will perform a utility search within the project limits and coordinate the temporary and permanent re-locations of the utilities. These locations will be shown in plan view only. Utility design is not included in the scope. o • Survey/SUE: The Consultant, through our sub-consultant, will provide a topographic survey U) and Subsurface Utility Engineering (SUE) of the areas surrounding the referenced bridge as detailed in the attached sub-consultant scope of services. • Geotechnical: The Consultant, through our sub-consultant, will perform geotechnical studies in accordance with the attached sub-consultant scope of services. 06 r_ • Coastal Engineering: The Consultant, through our sub-consultant Intera, will perform °M coastal engineering services in accordance with the attached sub-consultant scope of services. g • Asbestos/Lead Testing: The Consultant, through our sub-consultant Interek PSI, will U) U) perform asbestos and lead testing services in accordance with the attached sub-consultant scope 0 of services. 0 • Public Involvement: The Consultant will assist the County with one (1) public meeting. Specific tasks include: o Preparation of emailed invitations and website notification o Public meeting location selection and coordination o Preparation and production of a PowerPoint presentation, graphics, renderings, 0 presentation boards, handouts, sign in sheet and comment forms U) o Public meeting attendance and follow-up .� • Historical Documentation: The historical documentation for this bridge replacement is being `di LO completed under previously issued Task Work Order No. 1—Bimini Drive Bridge Replacement. C14i Iq 4. FEE: ° The total estimated lump sum design fee amounts to $612,039.75. This fee includes all KCA and sub- consultants efforts,coordination,QA/QC and supervision. The fee estimate is based on hourly rates which include our overhead. Our expenses were estimated separately and are not included in the lump sum fee estimate. Our total estimated expenses amount to $14,700.00. Expenses will be itemized and submitted separately with each invoice. For a breakdown of the lump sum fee, sub-consultants fees and estimated expenses see the following sheets. "0:q l'wp)rflu ll1ra11khnu tlu'7M'SuM7 aillipa, 11 Onrkda'',,u,VV ;,tl 3,, tl 'n33 i,tl 38 Packet Pg. 834 C.28.a If/pioa // N Any post design services involving shop drawing review, materials review,site visits,and meetings are not as included in this proposal. Post design services will be included under a separate post design task work 32 order. CIO ° 5. SCHEDULE: 0 A detailed schedule will be produced and submitted to the County after issuance of the Notice to Proceed. Below is a preliminary schedule: • Project Start Up/Initial Field Investigation—Kick-off Meetings, Survey, Geotechnical Investigation, Environmental Surveys, Utility Search—3 Months from NTP E • Preliminary Submittal —30% Roadway Plans, Bridge Development Report (Memo), Bridge 0. 06 Hydraulics Report, Preliminary Geotech Report, Preliminary Cost Estimate—3 Months • County Review- 1 Month U) • 60%Submittal—Plans and Cost Estimates -4 Months • County Review- 1 Month • 90% Plans- Plans and Cost Estimates -4 Months U) • County Review- 1 Month U) • Final Signed and Sealed Plans and Specifications—1 Month 0- Total Design Schedule—18 Months It is anticipated that the permitting efforts will be the critical path. Permitting applications will be sent _ after the 60%Submittal. It is estimated that the permitting process will take six to nine months 3 Total Project Schedule—18-21 Months 19 U) N era I N Iq CIO ° ° 0 "0:q l'whrflii 11u1 ilkIunu tlu'7M'sultlo 1111pa, Il Inli I tla'',,u,VV ;,tl 3,, tl 'n33 ;,tl 3;, Packet Pg. 835 C.28.a FEE SUMMARY SHEET Harbour Drive Bridge Replacement a KCA FEE a Project Management $32,876.25 0 Public Involvement $26,898.75 0 Roadway/Maintenance of Traffic $55,884.00 U) Signing and Pavement Marking $8,909.00 Drainage $18,495.00 Structures $322,512.00 Environmental Permitting $40,633.00 06 TOTAL $506,208.00 U) SUBCONSULTANT FEE a� U) Coastal Engineering- Intera $34,656.80 Utility Coordination - Kieth and Associates $11,320.00 Survey/SUE- Keith and Associates $20,540.00 Geotech -Tierra South Florida $36,639.95 Lead/Asbestos Survey- Interek $2,675.00 a TOTAL $105,831.75 19 U) TOTAL DESIGN FEE TOTAL DESIGN FEE $612,039.75 LO i Iq ESTIMATED EXPENSES cm c a Project Manager(County Meetings, Coordination, Etc.) $3,200.00 Roadway $800.00 Structures $800.00 Drainage $800.00 Environmental $1,400.00 Coastal Engineering- Intera $800.00 Survey/SUE- Keith and Associates $2,400.00 Geotech -Tierra South Florida $4,500.00 TOTAL EXPENSES $14,700.00 Packet Pg. 836 C.28.a VIA mW KEITH SCOPE OF SERVICES KEITH will perform the utility coordination on behalf of the county for the Harbour Drive bridge design. The below mentioned services are to support the continued engineering analysis necessary for utility identification, conflict mitigation and concept plans development to support the future construction effort. UTILITY COORDINATION a. 06 The Consultant will provide the following services: 1. Identify Existing UAO(s) 7.2 2. Utility Contacts 7.2, 7.3 3. Preliminary Utility Meeting 7.5 4. Collect and Review Plans and Data from UAO(s) 7.7 g U) 5. Utility Base Map 7.7, 7.9, 7.10 6. Conflict Matrix 7.10 0 7. UAO coordination, oversight and support 7.11, 7.13, 7.15 0 Identifying Utilities KEITH shall identify all utilities within the project corridor. All existing permits, Sunshine State One Call of Florida design tickets, risk management, studies and available survey will be reviewed. Utility Contacts -19 U) M Initial contact will consist of letters and two sets of plans to all Utility Agencies. UAO's will be requested to provide size, type, location, easements, cost of compensable relocation and justification for any utility exceptions. i LO Preliminary Utility Meeting Iq UAO's will be required to attend a preliminary utility meeting to address any project design variances and potential issues with the existing and/or proposed facilities. Collect and Review Plans and Data from UAO(s) Determine whether the UAO's have any compensable interests or easements. Coordinate and analyze the information to ensure utility type, material and size are accurate. Provide direction to UAO's for any requested work schedules or agreements required by the County and FOR to complete the project. . -. __............... c� Coigpoiiau e.Offfiiiae. Milairnil..11Da des Co uinPy 111iowa iid Co uinPy Pa llinn Beach Co uinPy SP.II.xide.Co uinPy Oina Inge.Co uinPy 301 E Atlantic Blvd 2160 NW 82 Ave 2312 S Andrews Ave 120 N.Federal Hwy 2325 SE Patio Cir. 2948 E Livingston St. Pompano Beach Doral Fort Lauderdale Suite 208 Port St.Lucie Orlando FL 33060 FL 33122 FL 33316 Lake Worth,FL 33460 FL 34952 FL 32803 954.788.3400 305.667.5474 954.788.3400 561.469.0992 954.788.3400 954.788.3400 Packet Pg. 837 C.28.a March 15, 2019/Page 2 of 2 08601.M3 Harbour Drive Bridge, Duck Key, Monroe County Utility Base Map KEITH will compile all available utility information (as built, record drawing etc.) to create a utility base map. The base map will be part of the reference documents. a Potential Conflicts and Resolutions Matrix 0 A conflict matrix will be created from all provided and procured utility information. The existing utilities will be identified by station and offset and referenced to any design elements that are in known conflict. U) The status of the conflict will be noted with a suggested method of resolution. Utility Agreements Any requests for advanced relocation/adjustment will be addressed through a supplemental agreement. UAO oversight and support a. 06 Continue to provide UAO coordination. U) The Total Lump Sum Fee shall be..............................................................................$11,320.00 0 a. 0 We look forward to working with the department and its stake holders to make this project a success. Very Truly Yours, 0 0 19 eta 04t�. U) Daniel M. Checchia VP Location Services LO N i a a �uuuuuuuuuuuuuuuu � Packet Pg. 838 C.28.a .. .. .. 7- Y�m e n g n w e e r s 301 East Atlantic Boulevard,Pompano Beach,Florida 33060-6643 c o n s u I t i n Tel:954-788-3400 Fax:954-788-3500 March 13, 2019 ° Jason LaBarbera, PE Senior Structures Engineer Kisinger Campo &Associates 201 N. Franklin St., Suite 400, Tampa, FL 33602 813.871.5331 ext 4117 U) E: Jason.LaBarbera(a)kisingercampo.com > RE: Agreement for Professional Services Project Name: Harbour Drive Bridge Replacement Project Location: Monroe County, FL Our Project/Proposal Number: 08601.M4 U) Dear Mr. LaBarbera: U) In accordance with your request and subsequent discussions between members of our U) association and yourself, this agreement between Keith &Associates, Inc. ("CONSULTANT"), a. and Kisinger Campo &Associates ("CLIENT") for professional services is submitted for your L- consideration and approval. CONSULTANT will begin work after receipt of a fully executed copy of this Agreement. Such receipt shall constitute written notice to proceed. I. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION The purpose of this Agreement is to outline the scope of services recommended by 19 CONSULTANT and accepted by CLIENT, and to establish the contractual conditions between U) CONSULTANT and CLIENT with respect to the proposed services. CONSULTANT is to provide professional services associated with surveying for the Harbour Drive Bridge Replacement Project on Duck Key, Florida (the "Project"). L01 cv i II. SCOPE OF SERVICES Task 001 Topographic Survey ° CONSULTANT shall prepare a Topographic Survey of both sides of the Harbour Drive on Duck Key, Florida. Survey shall begin approximately 300 feet south of the center of the bridge and shall Z end approximately 300 feet north of the center of the bridge. Survey shall extend to the existing right-of-way lines. Survey shall show all surface features such as the roadway, striping, surface utilities, trees, etc. Bridge shall be detailed with slabs, bents, pilings, riprap, etc. Cross sections of the waterway will be observed at the bridge, 50' and 100' from the bridge, on both sides (6 cross sections in total). Survey will be referenced to the North American Datum of 1983 with the 2011 adjustment applied (NAD83/2011) and the North American Vertical Datum of 1988 (NAVD88). Survey will be delivered in Microstation DGN format utilizing the FDOT standard levels and linetypes, including DTM surfaces. Packet Pg. 839 C.28.a March 13, 2019/Page 2 of 9 Harbour Drive Bridge Replacement Project Number 08601.M4 Task 002 Horizontal Designation Services - (Quality Level `B') ° Conductive utilities will be marked on the surface utilizing active geophysical prospecting techniques in conjunction with electromagnetic equipment utilizing passive radio and audio frequencies. Known non-conductive utilities and/or structures will be marked on the surface utilizing Ground Penetrating Radar (GPR), above ground features, professional judgment, utility plats and/or as-builts. This task does not include identifying gravity systems, service laterals, irrigation, or overhead facilities unless specifically requested by the CLIENT and included in the U) scope of services. > Additional Services The undertaking by CONSULTANT to perform professional services defined within this Agreement extends only to those services specifically described herein. No other services, 06 whether they may be interpreted as related, incidental or implied, shall be considered to be included in the scope of work of this proposal. If upon request of CLIENT, CONSULTANT agrees to perform additional services hereunder, CLIENT shall be obligated to pay CONSULTANT for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with CONSULTANT'S current U) professional fee schedule, plus reimbursable expenses as incurred by CONSULTANT, unless a U) lump sum addendum to Agreement is executed by the parties to this Agreement which addresses the additional services. a. L 0 Additional services shall include revisions to work previously performed that are required due to a change in the data or criteria furnished to CONSULTANT, a change in the scope or concept of the project initiated by CLIENT, or services that are required by changes in the requirements of public agencies after work under this Agreement has commenced. If the preceding scope of services includes public agency permitting, our quoted fees/hours U) include services to respond to the agency's first RAI (Request for Additional Information). Additional agency requests or requirements shall be considered an increase to our scope of services. i LO N i The Total Lump Sum Fee shall be..................................................................$20,540.00 Iq ° 0 co ns u l ti ng engine Packet Pg. 840 tai' lerra C.28.a FL II a a March 11, 2019 0 Kisinger Campo & Associates U) 201 N. Franklin Street, Suite 400 Tampa, FL 33602 Attn: Mr. Jason LaBarbera, P.E. a Senior Structures Engineer a� Re: Proposal for Geotechnical Services Harbour Drive Bridge Replacement(Bridge#904604) Duck Key, Monroe County, Florida TSF Proposal No.: 1903-203 a. Dear Jason: �s As requested, TIERRA SOUTH FLORIDA, INC. (TSF)is pleased to submit this proposal for the above-referenced project. The proposal is based on information provided to us. This proposal includes an outline of our proposed scope of work, an estimate of the total fees, and our anticipated 0 schedule for completion of the work. 19 PROPOSED SCOPE OF WORK cv LO All work performed by TSF will be in general accordance with FDOT standards. Our scope of work NC will consist of the following: 0 a) • Perform a total of two(2) Standard Penetration Test(SPT)borings to a depth of 90 feet below existing grades on land for the bridge. Perform SPT sampling at 2.5-foot interval. • Perform four(4) SPT borings to a depth of 30 feet for the retaining walls. • Boring locations will be located in the field by TSF personnel by using a hand-held GPS and measuring distances with a tape from known-reference points. We recommend as-drilled boring locations be surveyed. E c� .76� '5 VITSIA PA� KINKY, Stu rr I rs'i r,.ALN4 PTNCA1, 1r1,C)RIID�r'4 313,411 .Sump o')hiciu rda d pia', .,,Ra��u�a� i� �i�d��;,�bu•ense:',,2.8'017 Packet Pg. 841 C.28.a KCA 2 TSF Proposal No.1903-203 CD as • Prior to drilling, notify the local utility companies and request that underground utilities be a� marked. • Provide MOT as required to perform the field work. 0 • Collect water sample for environmental corrosion test. • Perform soil classification and laboratory testing. U) • Coordinate with the structural engineer to provide foundation evaluation and recommendations to assist in the design. Lateral load analysis will be done by the structural engineer. E I- • Provide soil parameters and global stability for walls.Assumed sheet pile analysis will be done by the structural engineer. 06 • Prepare and submit geotechnical report for bridge and wall. Borings will be performed from the roadway if the side of the roadway is not accessible to our truck U) mounted drill rig. 0 ESTIMATED FEES 0 It is proposed that the fee for the performance of the services outlined above be determined on a unit price basis in accordance with the attached Fee Schedule and that the work be performed pursuant to TSF's General Conditions enclosed herewith and incorporated into this proposal. Our estimated fee does not include reimbursable expenses. We are requesting an allowance of $4,500 for 19 reimbursable expenses. Reimbursable expenses will be submitted separately. Our estimate covers the work needed to present our findings and recommendations in a formal Ni LO report. Not included are reviews of drawings, preparation of construction specifications, special c"i Iq conferences and any other work requested after submittal of our report. 0 SCHEDULE AND AUTHORIZATION TSF will proceed with the work after receipt of a signed copy of this proposal. With our present schedule,we can commence work within several days of project approval (weather permitting and c permit approval). The fieldwork will take about 5 to 6 days to complete. The written report can be : submitted about three weeks after completion of the field exploration,depending on the extent of the laboratory-testing program. Verbal preliminary recommendations can be made to appropriate parties E prior to submittal of the written report. c� Packet Pg. 842 C.28.a KCA 3 TSF Proposal No.1903-203 as a We at TSF appreciate the opportunity to submit this proposal and look forward to working with you a� on this project. If you should have any questions concerning our proposal,please contact our office. 0 Respectfully submitted, ORIDA,INC. TIERRA�ti�' KITH FL w Ramakumar Vedula, P.E.- Principal Engineer E as 06 Attachments: 1. Fee Estimate 2. Staff Hour Estimate AUTHORIZED BY: INVOICE TO: U) U) 0 Name: Firm: 0 4- Title: Name: a Date: Address: 19 U) cv LO cv Iq a a Packet Pg. 843 C.28.a TIERRA SOUTH FLORIDA,INC. HARBOUR DRIVE BRIDGE REPLACEMENT MONROE COUNTY,FLORIDA 0 . Unit #of Units Unit Price Total a Truck Mounted Equipment Unit 1 $ 350.00 $ 350.00 Mob Between Holes Each 5 $ 150.00 $ 750.00 SPT Borings(truck) U) 0-50 ft depth Foot 220 $ 15.00 $ 3,300.00 O 50-100 ft depth Foot 80 $ 18.00 $ 1,440.00 Grout(truck) 0-50 ft depth Foot 220 $ 6.50 $ 1,430.00 50-100 ft depth Foot 80 $ 8.00 $ 640.00 Casing(truck) 06 0-50 ft depth Foot 220 $ 8.00 $ 1,760.00 a� 50-100 ft depth Foot 80 $ 9.75 $ 780.00 Extra Split Spoon Samples 0-50 ft depth Each 16 $ 42.00 $ 672.00 O U) 50-100 ft depth Each 14 $ 48.00 $ 672.00 U) Rock Coring IL 0-50 ft depth Foot 5 $ 68.50 $ 342.50 L_ O 4- Flagmen&Barricades(2 man crew) Day 5 $ 900.00 $ 4,500.00 Arrow Rental Sign Day 5 $ 106.69 $ 533.45 a Natural Moisture Content Tests Each 4 $ 10.00 $ 40.00 Grain-Size-Full Each 10 $ 65.00 $ 650.00 Organic Content Tests Each 1 $ 50.00 $ 50.00 U) Environmental(Corrosion)Tests Each 2 $ 175.00 $ 350.00 Rock Compression Test Each 1 $ 110.00 $ 110.00 cd LO Principal Engineer Hour 15 $ 175.00 $ 2,625.00 Senior Engineer Hour 31 $ 150.00 $ 4,650.00 Iq Project Engineer Hour 40 $ 125.00 $ 5,000.00 Senior Technician Hour 65 $ 75.00 $ 4,875.00 CADD Hour 16 $ 70.00 $ 1,120.00 Z TOTAL = $ 36,639.95 O 4i O Packet Pg. 844 C.28.a U1tertek Proposal Number:0784-271653 March 11,2019 as CD Professional Service Industries, Inc. as 7950 NW 641"Street, Miami, Florida 33166 Phone: (305)471-7725 Fax: (305)593-1915 Mr.Jason LaBarbera, P.E. Senior Structures Engineer Kisinger Campo&Associates Corporation 201 North Franklin Street Tampa, Florida 33602 as CL Subject: Asbestos and Lead-Based Paint Renovation Survey Harbour Drive Bridge(Bridge No.904604) Duck Key, Monroe County, Florida PSI Proposal No.0784-271653 Dear Mr. LaBarbera: g ° as Professional Service Industries, Inc. (PSI) is pleased to submit this proposal for conducting an asbestos and lead-based paint renovation survey on the Harbour Drive Bridge on Duck Key, Monroe County, CLL Florida. This proposal contains the scope of services to be provided and presents the estimated cost and unit pricing that will apply. PROJECT INFORMATION as E We understand that the survey will be performed on the bridge structure that is scheduled to be renovated. The bridge is approximately 60 linear feet in length. It further also understood that this survey may be done under the same mobilization as the survey for the Bimini Drive Bridge(Bridge No. 904603). PSI will provide separate pricing options for providing this survey under the same mobilization or under a CD separate mobilization. Ln 04 The purpose of the asbestos survey is to assist the facility owner and contractor performing the renovation in complying with requirements of 40 Code of Federal Regulations (CFR) Part 61, the National Emission Standards for Hazardous Air Pollutants (NESHAP) and 29 CFR 1926.1101, the OSHA Asbestos Construction Standard. ° The purpose of the lead-based paint survey is to assist the facility owner and contractor performing the renovation in complying with requirements of the U.S. Occupational Safety and Health Administration (OSHA) 29 CFR 1926.62 — Lead in Construction, Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and the Universal Waste Rule(UWR)governing the disposal of hazardous waste. SCOPE OF SERVICES E Given our understanding of the project requirements,the following services are proposed: www.intertek.com/building Packet Pg. 845 C.28.a Proposal Number:0784-271653 Kisinger Campo&Associates Corporation Q1.100) March 11,2019 Page 2 as ° Asbestos Survey as ° • A U.S. Environmental Protection Agency(EPA)-accredited inspector will perform a visual assessment of the structures to identify suspected asbestos-containing building materials. The location, quantity, and E condition of each suspect material will be noted. U) • The inspector will conduct bulk sampling of the suspect materials in accordance with the sampling requirements listed in 40 CFR Part 763,the Asbestos Hazard Emergency Response Act(AHERA). • Samples will be shipped to a NVLAP accredited environmental laboratory for analysis by the EPA recommended method, Polarized Light Microscopy (PLM). If PLM results indicate levels between E "trace" and 10%asbestos,the Client has the option to analyze the samples further by PLM Point Count CL °b Analysis to better quantify the asbestos content or assume the material to be asbestos containing. Materials having point count results <1% asbestos are considered non-ACM. If the Client chooses this analysis, an additional charge of $45.00 per sample will be added for each sample analyzed by Point Counting. Lead-Based Paint Survey U) as • Review available previous lead-based paint sampling reports, specifications, maintenance 0 CL records, etc. • PSI will collect paint chip samples to assess the potential presence of lead-based paint that may exist on the surfaces of the bridge. PSI will collect one paint chip sample from each of the different building components observed. All samples will be analyzed for total lead using the flame atomic absorption (AAS) method. • Detailed records will be kept describing each sampling location selected, the condition of the as substrate and paint for each sample, and anything unusual about the sampled location. 119 FINAL REPORT U) PSI will provide an electronic copy of a final report for the bridge within fifteen working days from the time of the survey, provided no delays such as access to the building are incurred. The report Ni will summarize field observations and laboratory analytical results. Report to include: Ln i • Findings and Recommendations • Quantification of asbestos-containing materials as • Analytical Results • Photographs PROJECT SCHEDULE&COST ESTIMATES 0 It is proposed that the fee for the performance of the outlined services be determined on a lump sum basis for the asbestos and lead-based paint renovation survey. Lump Sum under separate mobilization from Bimini Drive Bridge: $2,675.00 E Lump Sum under same mobilization as Bimini Drive Bridge: $1,800.00 PSI appreciates the opportunity to propose on your project. After your review of this proposal, if you have any questions, please contact us. If this proposal is acceptable to you, please sign below as notice to www.intertek.com/building Packet Pg. 846 C.28.a Proposal Number:0784-271653 Kisinger Campo&Associates Corporation Q1.100) March 11,2019 Page 3 as proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of proposal authorization. as a PSI will schedule a site visit within two (2) days from receipt of signed authorization and provide the report within fifteen (15) working days from the time of the survey. If this proposal is acceptable to you, please return a letter of authorization along with one copy of this proposal intact to our office.We will proceed with the work upon receipt of proposal authorization. Respectfully submitted, E PROFESSIONAL SERVICE INDUSTRIES, INC. CL as 0 y Adel Guerrero E.John Emerson, CSP, CIEC Project Manager Department Manager/Principal Consultant g 0 IH & IAQ Services South Florida Environmental Group L2 0 L- AG/EJ ECL 0 Attachments: Proposal Authorization and Payment Instructions Project Cost Estimate General Conditions as E Ln 04 04 V i as a as a 0 E as E www.intertek.com/building Packet Pg. 847 C.28.a Proposal Number:0784-271653 Kisinger Campo&Associates Corporation Q1.100) March 11,2019 Page 4 as Proposal Authorization&Payment Instructions as Authorization To execute this proposal, please initial which cost option you approve on the previous page then sign and complete the authorization information below along with applicable payment instructions,and return one copy of the authorized proposal to our office. U) Ls Authorized By(please print) Signature CD Title Firm E CL 06 Address U) (D City State Zip Code Telephone 0 U) Date Purchase Order No./Project Tracking No.(if applicable) 0 Payment Instructions CLL If invoice payment is to be made by a party other than the authorizing party above, please provide the following information for whom the invoices are to be billed: Firm Attention (D Address Title 119 U) City State Zip Code Telephone Ln 04 Authorizing Party's Relationship to Invoice Payment Party 04 I If invoices are to be approved other than by the payment party above, please provide the following information for whom the invoices are to be mailed for approval: qy CD Firm Attention qy ° Address Title City State Zip Code Telephone (D E Authorizing Party's Relationship to Invoice Approval Party www.intertek.com/building Packet Pg. 848 C.28.a Proposal Number:0784-271653 Kisinger Campo&Associates Corporation Q1.100) March 11,2019 Page 5 as a ATTACHMENT A as PROJECT COST ESTIMATE a Asbestos Renovation Survey Kisinger Campo &Associates Harbour Drive Bridge (Bridge No. 904604) Duck Key, Florida **IF DONE UNDER SEPARATE MOBILIZATION FROM BIMINI DRIVE BRIDGE Field Services E 1. Industrial Hygienist 12 hours $ 75.00 /hour $ 900.00 0. as 2. Sample Analysis ASB 10 samples $ 20.00 /sample $ 200.00 06 3. Sample Analysis LBP 5 samples $ 20.00 /sample $ 100.00 4. Field Services Vehicle 1 day $ 125.00 /day $ 125.00 subtotal $ 1,325.00 0 Project Management and Report Preparation 1. Principal Consultant ASB 1 hour $ 150.00 /hr $ 150.00 2. Principal Consultant LBP 1 hour $ 150.00 /hr $ 150.00 CL 3. Project Manager 8 hours $ 95.00 /hr $ 760.00 4. CADD 2 hours $ 55.00 /hr $ 110.00 5. Secretary 4 hour $ 45.00 /hr $ 180.00 subtotal $ 1,350.00 3 ESTIMATED TOTAL $ 2,675.00 **IF DONE UNDER SAME MOBILIZATION AS BIMINI DRIVE BRIDGE Field Services 1. Industrial Hygienist 2 hours $ 75.00 /hour $ 150.00 2. Sample Analysis ASB 10 samples $ 20.00 /sample $ 200.00 i 3. Sample Analysis LBP 5 samples $ 20.00 /sample $ 100.00 4. Field Services Vehicle 0 day $ 125.00 /day $ - subtotal $ 450.00 Project Management and Report Preparation 1. Principal Consultant ASB 1 hour $ 150.00 /hr $ 150.00 2. Principal Consultant LBP 1 hour $ 150.00 /hr $ 150.00 3. Project Manager 8 hours $ 95.00 /hr $ 760.00 4. CADD 2 hours $ 55.00 /hr $ 110.00 5. Secretary 4 hour $ 45.00 /hr $ 180.00 subtotal $ 1,350.00 E ESTIMATED TOTAL $ 1,800.00 U www.intertek.com/building Packet Pg. 849 GENERAL CONDITIONS C.28.a 1. PARTIESAND SCOPE OF WORK:Professional Service Industries Inc.("PSI")shall include said company or its particular division,subsidiary or affiliate perform* the work."Work"means the specific service to be performed by PSI as set forth in PSI's proposal,Client's acceptance thereof and these General Conditions.Additic work ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the work to be done by PSI.If Cher ordering the work on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said we Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate sufficient for Client's intended purpose.Client shall communicate these General Conditions to each and every third party to whom Client transmits any part ofPSI's we PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal,Client's acceptance thereof and these General Conditions.The order of work from PSI,or the reliance on any of PSI's work,shall constitute acceptance of the terms of PSI's proposal and these General Conditions,regardless of the terms any subsequently issued document. 0 Z. TESTS AND INSPECTIONS:Client shall cause all tests and inspections of the site,materials and work performed by PSI or others to be timely and properly perfom in accordance with the plans,specifications and contract documents and PSI's recommendations.No claims for loss,damage or injury shall be brought against PSI Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed.Client agrees to indemn 0 defend and hold PSI,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs: M reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed. 3. PREVAILING WAGES: This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprentices requirements. In addition, unless explicitly agreed to in the body of this proposal,this proposal specifically excludes compliance with any state or federal prevail 0 IL wage law or associated requirements,including the Davis BaconAct. It is agreed that no applicable prevailing wage classification or wage rate has been provided to I 06 and that all wages and cost estimates contained herein are based solely upon standard,non-prevailing wage rates. Should it later be determined by the Owner or: r_ applicable agency that in fact prevailing wage applies,then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such chain =2) pp g Y p g g pp g g q Y J U) circumstance. Client will reimburse,defend,indemnify and hold harmless PSI from and against any liability resulting from a subsequent determination that prevail wage regulations cover the Project,including all costs,fines and attorney's fees. 4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If] '2 is required to delay commencement of the work or if,upon embarking upon its work,PSI is required to stop or interrupt the progress of its work as a result of change', U) the scope of the work requested by Client,to fulfill the requirements of third parties,interruptions in the progress of construction,or other causes beyond the du L_ reasonable control of PSI,additional charges will be applicable and payable by Client. IL 0 5. ACCESS TO SITE:Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work.PSI shall take reasonable measures precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment. 6. CLIENT'S DUTY TO NOTIFY ENGINEER:Client warrants that it has advised PSI of any known or suspected hazardous materials,utility lines and pollutants at site at which PSI is to do work,and unless PSI has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits,Client agree; defend,indemnify and save PSI harmless from all claims,suits,losses,costs and expenses,including reasonable attorney's fees as a result of personal injury,dead property damage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects,structures,lines or condi Q where the actual or potential presence and location thereof were not revealed to PSI by Client. -19 t) 7. RESPONSIBILITY:PSI's work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of constructi PSI shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare.PSI's work or failure to perform same shall no T- any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Client agrees that it shall regi N subrogation to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insurance,including any policies required of Client's contract LO or subcontractors,covering any construction or development activities to be performed on the project site. PSI has no right or duty to stop the contractor's work. I 0 s. SAMPLE DISPOSAL:Test specimens will be disposed immediately upon completion of the test.All drilling samples will be disposed sixty(60)days after submiss of PSI's report. a 9. PAYMENT:The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar proj ects. " actual total amount due to PSI shall be based on the actual final quantities provided by PSI at the unit rates provided herein. Where Client directs or requests additic > work beyond the contract price it will be deemed a change order and PSI will be paid according to the fee schedule.Client shall be invoiced once each month for w performed during the preceding period.Client agrees to pay each invoice within thirty(30)days of its receipt.Client further agrees to pay interest on all amounts invoil 0 and not paid or objected to for valid cause in writing within said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permit under applicable law),until paid.Client agrees to pay PSI's cost of collection of all amounts due and unpaid after thirty(30)days,including court costs and reasona attorney's fees.PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreemc any provision wherein PSI waives any rights to a mechanics'hen,or any provision conditioning PSI's right to receive payment for its work upon payment to Client by third party.These General Conditions are notice,where required,that PSI shall file a lien whenever necessary to collect past due amounts.Failure to make payment wit E 30 days of invoice shall constitute a release of PSI from any and all claims which Client may have,whether in tort,contract or otherwise,and whether known or unkno 0 at the time. i Packet Pg. 850 B-900-11(14) 9/17 GENERAL CONDITIONS C.28.a io.ALLOCATION OF RI SK:CLIENT AGREES THAT PS I'S SERVICES WILL NOT SUBJECT PSI'S INDIVIDUAL EMPLOYEES,OFFICERS OR DIRECTORS TO ANY PERSONAL LIABILITY,AND THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,CLIENT AGREES THAT ITS SOLE A' EXCLUSIVE REMEDY SHALL BE TO DIRECT ORASSERTANY CLAIM,DEMAND,OR SUIT ONLYAGAINST PSI. SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR" HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTI CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANYWAY RELIED UPON PSI'S WORK AGREE THAT T] MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI,ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED' a� $25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT,WHICHEVER AMOUI IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACCORDANCE WITH Tl 0 PROVISIONS SET FORTH IN THIS PARAGRAPH,CLIENT MAY,UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DA OF CLIENT'S ACCEPTANCE HEREOF,INCREASE THE LIMIT OF PSI'S LIABILITY TO$250,000.00 OR THE AMOUNT OF PSI'S FEE PA TO PSI FOR ITS WORK ON THE PROJECT,WHICHEVER IS THE GREATER,BY AGREEING TO PAY PSI A SUM EQUIVALENT TO i ADDITIONAL AMOUNT OF 5%OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES.THIS CHARGE IS NOT TO BE CONSTRU] AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILF a� INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE T] AMOUNT AVAILABLE,AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. 06 NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTOI r- DUTY)OR OTHERWISE FOR LOSS OF PROFIT(WHETHER DIRECT OR INDIRECT)OR FOR ANY INDIRECT,CONSEQUENTIAL,PUNITI\ .21 OR SPECIAL LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPAT] SAVINGS(EVEN WHEN ADVISED OF THEIR POSSIBILITY). NO ACTION OR CLAIM,WHETHER IN TORT,CONTRACT,OR OTHERWISE,MAYBE BROUGHT AGAINST PSI,ARISING FROM OR RELATED TO PS ,U) to WORK,MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER,REGARDLESS OF THE DATE OF DISCOVERY OF SU CLAIM. 0- IL ii.INDEMNITY:Subject to the above limitations,PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims,suits,costs: � expenses including reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law.Client shall provide same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit,cause of action,claim or counterclaim against PSI, Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate,answer and defend it,including reasonable attorney's; witness fees and court costs to the extent that PSI shall prevail in such suit. 12.TERMINATION:This Agreement may be terminated by either party upon seven days'prior written notice.In the event of termination,PSI shall be compensated Client for all services performed up to and including the termination date,including reimbursable expenses. 0 U) 13.EMPLOYEES/WITNESS FEES:PSI's employees shall not be retained as expert witnesses except by separate,written agreement. Client agrees to pay PSI's le expenses,administrative costs and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion any work performed under this agreement,Client agrees not to solicit,recruit,or hire any PSI employee or person who has been employed by PSI within the previi twelve months. In the event Client desires to hire such an individual,Client agrees that it shall seek the written consent of PSI,and shall pay PSI an amount equal to o cell half of the employee's annualized salary,without PSI waiving other remedies it may have. tie cv Iq 14.FIDUCIARY:PSI is not a financial advisor,does not provide financial advice or analysis of any kind,and nothing in our reports can create a fiduciary relationship betw, PSI and any other party. as is.RECORDING:Photographs or video recordings of the Client's own project may be taken by and used for the Client's own internal purposes. Photographs or video recordi may not be used for marketing or publicity,or distributed to a third party or otherwise published without PSI's prior review and consent in writing. Taking photographs of o1 G8 Clients'samples,test setups,or facilities,or recording in any manner any test specimen other than the test specimen related to the Client's project is prohibited;and the Cl1 agrees to hold in strict confidence and not use any proprietary information disclosed either advertently or inadvertently. The Client shall defend,hold harmless,and indemn PSI for any breach of this clause. 16. CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by, construed, and enforcec accordance with the laws of Illinois. The exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Cour Cook County,Illinois,or the Federal Court for the Northern District of Illinois. 17.PROVISIONS SEVERABLE:The parties have entered into this agreement in good faith,and it is the specific intent of the parties that the terms of these Gene 0 Conditions be enforced as written.In the event any of the provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remain provisions shall be enforceable. 18.ENTIRE AGREEMENT:This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made ot— than as set forth herein. This agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto. Z Packet Pg. 851 B-900-11(14) 9/17 C.28.b DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME V>ck Van Wormer 83 Park Place Blvd.,Suite 101 ( tr 72 0e70 bbpinellas cam x M 7-450 70 3 Brown&Brown Insurance-Clearwater PHONE g c Ne 72 Clearwater FL 33757-2456 E-MAIL _ ................ INSURE t R COVERAGE NAIC# O S AFFORDING ` INSURER A:Admiral Insurance Company 24856 Kisinger Campo& ...................... ..... - Indemnity P... �' P .y .... �. .. INSURED � Com CamKCCpo I&Associates PLLC INSUINSURER D:Travelers Casu k Eland Surety InsuranceCompany.,_Hence 19038 > Assoc.sso Corp. p 25615 ........- y .... ......... .......__ (n 201 N. Franklin Street, Ste.400 INSURER Tampa FL 33602 INSURE. .. RF; COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 06 ......... ...........................------ INSR -------TYPE OF INSURANCE --- ADD .............. POLICY NUMBER........ ............. PMMD EFF POLDIDY EXP LIMITS _ WVn NYYYi C X COMMERCIAL GENERAL LIABILITY 6308254A604 9/1 EACH OCCURRENCE $1,000,000 °� /2018 9/1/2019 ... CLAIMS-MADE p X.�OCCUR -OAMAG1"ORI=I'v"'t5"" ... .PREMI,S .-tEe t16�rS�rd�F�.S ).. ..$300 000 X A eD t "EMBNT MED EXP,(Any one,personi $10 000_ Contractual Liab X ...... fly -...... U ............ --- XCU Included PERSONAL&ADV INJURY $1 000 000 _ - e- GENERAL °U) POLICY DA X LOC PRODUCTS COMP/O E $2 000 000 888 GEN L AGGREGATE wAl I' " 2 000 000 - P AGG $ OTHER; � B AUTOMOBILE LIABILITY 8102G365581 9/1/2018 9I1I2019 COMBINED SINGLE LIMIT $1 000 000 ._�p kbCCeCVt§..C..74) ......... ........ 1XXI"I" ANY AUTO BODILY INJURY(Per person) $ --- ...... ...... ......-- OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED x NON-OWNED PRGPERTYDAMAGE� $AUTOS ONLY AUTOS ONLYPIIP$10„000 $ B X UMBRELLA LIAB X OCCUR CUP7J748484 9/1/2018 9/1/2019 '..EACH OCCURRENCE $4„000,000 ° .............. ,........, .......... ......................................----......__.._......._._,.._...__..,-.-..,............................................ ... EXCESS LIAB .......................W....CLAIMS-MADE. AGGR,ELATE.......................--------- $.4,OQ0.Q00...................................... .. DED X RETENTION$ ... ..... .... ....... _... .. WORKERS COMPENSATION 703 8 10/3/2018 10/A/7019 PER TH- O - UB7J0.._0_ X X AND EMPLOYERS'LIABILITY Y d N TEAT E_L— ER U.S L H.. ..... ........., U) ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $500,000 OFFICERIMEMBER EXCLUDED? _.----......__._..._...... .....-_--......-_---_--...... (Mandatory In NH) E..L.DISEASE-EA EMPLOYEE; $500,000 If yes,describe under ......... ...............__....--.....__._.__. - ...................__. DESCRIPTION OF OPERATIONS below E..L..DISEASE-POLICY LIMIT $500 000 A Professional Liability E000002720505 11/2/2018 11/2/2019 Per Claim 5,000,000 Claims Made Aggregate 5,000,000 Retro Date 11/2/2014 Deductible 250,000 �8 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 0 Certificate holder is an additional insured with respect to general liability,auto liability and umbrella liability.Endorsements available upon request.Waiver of Subrogation applies to general liability and workers compensation&employers liability.Explosion,Collapse&Underground hazard included in CGL. U ON-CALL PROFESSIONAL ENGINEERING SERVICES AGREEMENT AND ALL TASK WORK ORDERS AUTHORIZED HEREUNDER. 60-DAYS NOTICE OF CANCELLATION OR NON-RENEWAL PER ATTACHED FORM IH-03020608. (KCA PROJECT#1201316.00) O L_ 91 CL CERTIFICATE HOLDER CANCELLATION U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY-BOCC ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: JUDITH S.CLARKE, PE, DIRECTOR OF ENG Svcs AUTHORIZED REPRESENTATIVE 1100 SIMONTON STREET,#216 KEY WEST FL 33040 �. ©1988-2015 ACORD CORPORATION. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 852 C.28.c AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ("Agreement") made and entered into this t I flay of cm tic20 by and between Monroe County, a political subdivision of the State I- CUof Florida, hose address is 1100 Simonton Street, Key West, Florida, 33040, its : successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County U) Board of County Commissioners ("BOCC"), AND Kisinger Campo & Associates, Corp. a corporation of the State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa, Florida 33602 its successors and assigns, hereinafter referred to as"CONSULTANT", or"CONTRACTOR". WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida; and U) U) 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. �s The professional services required by this Contract will be for services in the form of 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 -19 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, 0. 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: 1- Packet Pg. 853 C.28.c FORM OF AGREEMENT 0 ° ARTICLE 1 REPRESENTATIONS AND WARRANTIES 0 By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: U) 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. 06 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 g this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents. a. 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 consistent 3 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 -19 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 00 of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.6 At all times and for all purposes under this Agreement the CONSULTANT is an �s 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 0. 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, or any other area T affecting employment under this Agreement or with the provision of services or goods under this Agreement. 2- Packet Pg. 854 C.28.c ARTICLE II 0 SCOPE OF BASIC SERVICES 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. a. 06 2.3 NOTICE REQUIREMENT U) 0 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the U) appropriate party by certified mail, return receipt requested, to the following: 0 a. For the County: Ms. Judith Clarke, P.E. Director of Engineering Services �s Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. 19 Monroe County Administrator U) 1100 Simonton Street, Room 2-205 Key West, Florida 33040 00 For the Consultant: Mr. Jason LaBarbera, P.E. 201 N. Franklin Street, Suite 400 W Tampa, Florida 33602 0 ARTICLE III ADDITIONAL SERVICES T 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall 3- Packet Pg. 855 C.28.c respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ° ARTICLE IV COUNTY'S RESPONSIBILITIES 0 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. a. 06 r_ 4.3 Prompt written notice shall be given by the COUNTY and its representative to the U) 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. g U) U) 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 a. the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. 19 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 00 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 0 0. 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, 4- Packet Pg. 856 C.28.c 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 from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. ° 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all U) 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 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. 06 - 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance 0 requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. U) 0 ARTICLE VI a. PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Jason LaBarbera, P.E. Project Manager Dave Thompson, P.E. Chief Engineer Deborah Hernandez-Cedeno P.E. Project Engineer Tara Spieler, P.E. Senior Engineer W Carlos Layrisse, P.E. Senior Project Engineer Patrick Mulhearn Project Engineer 0. Robert Whitman Chief Scientist So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. 5- Packet Pg. 857 C.28.c ARTICLE VII COMPENSATION a 7.1 PAYMENT SUM a 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. a. 06 r- (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; U) (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 �s service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 19 U) M 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the t, interest of the project: 00 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 W Statutes; and 0 b. Cost of reproducing maps or drawings or other materials used in performing the 0. scope of services; and c. Postage and handling of reports. a� 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not E 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. 6- Packet Pg. 858 C.28.c 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. Z ° ARTICLE VIII INSURANCE U) 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. a. 06 r_ 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 U) acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 0 a. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient �s to respond to Florida Statute, Chapter 440. 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. 19 U) C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others 00 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 of its employees, 0. agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with 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 E 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 contract. 7- Packet Pg. 859 C.28.c E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. ° F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. U) 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 06 of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to U) submit updated financial statements from the fund upon request from the COUNTY. a. I- ARTICLE IX MISCELLANEOUS ° 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience 19 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. 00 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 0. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal 8- Packet Pg. 860 C.28.c representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with ° or any rights in favor of, any third party. 0 9.5 TERMINATION U) 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. E 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. U) 9.6 CONTRACT DOCUMENTS This Agreement consists of the Request for Proposals, any addenda, the Form of °2 Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the U) documents referred to in the Form of Agreement as a part of this Agreement, and a. attachments A, B, and C, and modifications made after execution by written L amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES 3 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 contracts to provide any 0 goods or services to a public entity, may not submit a bid on a contract with a public 19 entity for the construction or repair of a public building or public work, may not iM submit bids on leases of real property to a public entity, may not be awarded or 00 perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this 0. Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida E Statutes). Violation of this section shall result in termination of this Agreement and 2 recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. T 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 CON USULTANT has been placed on the convicted vendor list. 9- Packet Pg. 861 C.28.c CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of U) five (5) years from the termination of this Agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes a. 06 not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES U) This Agreement shall be governed by and construed in accordance with the laws of a. 0 the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court 19 of Monroe County. U) 9.10 SEVERABILITY 00 If any term, covenant, condition, or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible T to the intent of the stricken provision. 10- Packet Pg. 862 C.28.c 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled Z 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. U) 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. 06 9.13 AUTHORITY U) 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. U) U) 9.14 CLAIMS FOR FEDERAL OR STATE AID 0 a. 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 19 attempted to be resolved by meet and confer sessions between representatives of U) 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 00 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. 0 9.16 COOPERATION 0. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 11- Packet Pg. 863 C.28.c 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI1 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, U) color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of a. 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) U) Title VI11 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 a. 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 11, 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. 19 9.18 COVENANT OF NO INTEREST U) CONSULTANT and COUNTY covenant that neither presently has any interest, and 00 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 0 COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT E 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 12- Packet Pg. 864 C.28.c working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability ° and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. U) 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 a. 06 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 L performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding U) 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 a. termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public ' Records Law in order to comply with this provision. Pursuant to 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 19 with a copy of the requested records or allow the records to be inspected or copied U) within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 00 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the 13- Packet Pg. 865 C.28.c requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. a If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida U) 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. 06 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE r_ APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(&,MONROECOUNTY- a. FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12Tx 1- Street, SUITE 408, KEY WEST, FL 33040. �s 9.22 NON-WAIVER OF IMMUNITY 3 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 U) government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the 00 COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public 0. agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of 14- Packet Pg. 866 C.28.c actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. ° 9.25 NON-RELIANCE BY NON-PARTIES 0 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 U) benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated a. in this Agreement. U) 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- U) Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act 0 as the execution of a truth in negotiation certificate stating that wage rates and other a. factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY 19 U) cu 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 00 her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS 0 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. T 9.29 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 15- Packet Pg. 867 C.28.c 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). 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal Z 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 U) 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 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 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 U) 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 a. repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 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.gpo.gov/davisbacon/fl.html under Monroe County. 19 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where U) 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 00 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or 0. 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 articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. �s 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 16- Packet Pg. 868 C.28.c agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act Z (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. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be U) reported to the Federal awarding agency 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 a. 06 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. U) U) 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. Each tier certifies a. 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 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. 19 U) 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. 00 Other Federal Requirements: 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. 0. M 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of U 2 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 T applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the 17- Packet Pg. 869 C.28.c as 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. a 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 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 FOOT 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 hereof. 0 4 T WHEREOF, each party has caused this Agreement to be executed by its duly presentative on the day and year first above written. w BOARD OF COUNTY _ COMMISSIONERS 3 Est: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 19 �w By i", By:_ Deputy Clerk Mayor/Chairman Date:�,;;;,;,� , � �s MONROE COUNTY ATrORNEY'S OFFICE PATRICIA EA8LE8 AWSTANT COU TY ATTORNEY 0 CRATE. CL (Seal) CONSULTANT Attest: KISINGER CAMPO &ASSOC. CORP. 1 .. r By. By: am o roald E.Gott Paul G.Foley,P E'. Title: Senior Vice resident/CFO Title: President END OF AGREEMENT 1�- Packet Pg. 870 C.28.c ATTACHMENT A CONSULTANT RATES 06 a r- U) U) U) 0 a 0 0. 19- Packet Pg. 871 C.28.c S `� � �"I u �� AMPO a MQI III E CUNT —ON-CALL ~ EI MICE' HIS tURL ° B IL LIIIIi G RATE' SCHEDULE U) �s Average Houdy,IBillllEng Job C lass ific tioint; Rate* E IlPrcj at Manager° 22 .00 06 Chief Engineer 270-00 a� ~fie ru r IIE rugiuru r 2„MI .:00 Senuui r IIPYrcoject Engliiiiruie r° I :I II Project Errguuh r° ml 7 : 0 U) E Engineer "I� 0_GO� IlEurugirui�um' rirug Iliintrbrru m10 :00 �s °AII DIC m uter Tecllhrricliiiarr I : L °hie iie,rufst 228.00 ~fie ru r ~ cie ti 5t MI ,.,00 EiinvironnaenU Specii,alist 9 :00 00 IIII gcialllllit : erti iiaiied Birudge Irrsgectwr BI) 125 00 �s Bhdg $ 9,III:ILL cr taar Clu�r°iiiii IIIII 73-00 Ian Mn 20- Packet Pg. 872 C.28.c �I S IiuGIII lo° � �///o m/////./3 �o +emu a IIIIROE COUNTY - ON-CALL, SERVICES, 0 IHI uURILY IIIILLIIN RATE SCHEDULE � U) 7 Averagle IHIomirlll Job Classiflil a�tl n, Billing Rate* 06 � a C CEI - Senior Project Einguineeir 20 .0 U) CEI - Project Adminisirstor .00 U) U) 4T CEI - ContractSupport pecinlii t 0 .I 0 CEI - Senior Ilnspec or 99.100 �s CEI - Inspector 4.0 19 CEI - ccretaIry/Cl rlical E .1010 U) 00 'Plug'ase mcie: f Nr Bill1lirg Rates mallude s lVary,QV&HPA ard fixed Fey Zir Bill1lirg Rates effccWe fl o 4-,ypar r ,nlmmract term md I-Year remewall,if oe extie Hsu,"arr runoff!is,exe.m e . 0 0. 4i C 0 21- Packet Pg. 873 INTERA Illnrorlporale5 pw 2�14 SW 4Gth Terrace,Sixile AI NTERA GIrinfesville,I USA 32605 I I Q!D L,�Cii�C L & I P�G u I'l C.'.L, 11,4 L)I-ul ul 352.332 2321I CIO December 18,2017 U) Jason LaBarbera,PE > SeniIor StrUCtUires Engineer (n K isinger Campa&Associates 201151. Frainklin St.,Suite 4100 Tampa, FIL 33602' E RE-. Monroe COLIII-On-Call IPrafe^ssionall Enginjeeding Services 06 C: Dear IMr.LaBarbera, Enclosed are the fUII'Y burdened rates for 111151TEIRA I nicorporated personnel.The!se,rates reflect FDOT 8Ljdite!cl MILIltilp'liers for the!mIost irecent year. Staff Categor-y Burdened Rates 0 Chief Einglineeu 213.55 � U) En iiineeurin IlInterrn, 90.36 1� 0 Englineering Technician 81.84 L- Principal Einglineeu 193.55 Puoject IEnigneer 130.27 SecretarWiCleil'icall 59,73 Seim or IEngineeu a15.60 Seim for PinDject.IEnglineeu 143.22 BackUp for these vallUes can,be,SLIPPfield ILI pon request.I cm nt�act me!if YOU have any questions or WiSh to CliISCILISS. Sincerely, INTERA Incorporated 00 Mairk Gosseliin, Ph.D.,I Director w x w 0 0. E T �e 4i C 0 E 22- Packet Pg. 874 C.28.c JANUS RESEARCH �Acm RATE � TE SHEET //i Monroe County 1a�imadllll Professional Enginileeiding Services a Dec enn er 119,20117 0 U) POSITION FdATIE � Fmromect Mansfqer 150,00 � Fninci al lirrvestqatcr 111c.1Go c ProjectArchaeollogiv S 59,.0 Am1hitedurall Hirstula an 118 Go E HlsirricaV Technician Bf,05 0 G-ra phiincs E -41ist 00 IL CornIPLItef 31peCi3liSt. 55.,DO 06 1 n ne l 45.,GO a� 0 U) U) 0 L- 19 ° U) 00 0 0. 23- Packet Pg. 875 C.28.c °GYa a Category Hourly Rate 70 I rirmdpallll 190.00 > 721Expeir Wi nits 1"ost'wea"Irany $250.00 75 IModellll SMae dallli:St 100.00 76I IM/,Cllll 'M Modcrler $y150.00 77 6IS Spama ialist 100.00 78 Project Surveyor 95.00 � 79 S ramrulr(Project Survr!revee. CL 06 80lPru"fessi:,rmnal 5urvirVuir&Mapper(I>SIMjj $120.00 �s 81 SHurvcuy f'pumty(2)IPeron 11u.rMrU U) 82 Suiv ey Palmy(3) Pen on 13,0.00 83 SHuivaey Lumutmr Scarirmirnaa 250.00 � 0 90(Utility c1l"C"m supervisor $�80.00 U) 91IUtmli'tyTo hramciura $�70.00 ) 92 Utility Rroject IMm'Managea° �100.00 0- 9.M Utility fxi°coject 11rmgMraeer' $$13,0.00 IL 95!UtilityCcordMnat:or $�120.00 L- 96 MUtll'ity LM.t i iriatinig/PR $200.00 � 97'o acuiuwnam L. avatiarml"cst(Hole(Peivaicow s SuifacO USU CMQ/Eachi �3 98 Vucmuui m bcavatl>urm Test(Hole(ilirnipervaous S+urfaLe) 450.CM0(LKhi 19 rye m 00 0 0. T 24- Packet Pg. 876 TERRA CUTE'FLORIDA, NO UNIT IFFSE SCHEDULE AIFIIELID AND LABORATORY 7BOTING GSRVICIESI� ay unill 0:zf`unills 'Alt ptttce Total FIELD IINVESTIGAMN Z MiDbIlIZ311lon of Men and EqMlpnnFnt Trucl-Micunled EquIpment EacA 0 5 3,50.0r, T' 0.1r Speollalind A7JlMuJbug Each 0 5 700.0r, T, 0.0 r, 0 SUPPOrl VeMOEI B3CM 0 5 V50.01S 0.0 S, .0 Barge-Mourled Egpipment Iday 0 5 5z"00 00 0.1r rrare Renlmd Hour 0 S 2001.01S, 01.01S, rrash AV.Enuar T rick Hisur 0 5 vmor, 0.0 r, U) Barge MiDbIlIzallan ILS 0 5 1 Dorn 00 0.0 r, 0 Supporl 1503rL Iday 0 5 11,00.0r, 0.0 rd, > ,'Dpen;rll,2,se,Guwd IFIaIII EacA 0 5 550.0r, 0.0 r, (n Standard Penetration 7esl 15orngfi ABy Trucl-Mounled Equllpmerl� Lanil 0-50 r,dPplMi L.IF 0 5 14.E y L. E EA3-I Or,r,depth IL.F 0 5 16.0r, 0.0 r, V00-15a,R Mepth L.IF 0 s 24.0S, § 0.0 S, Standard Penetration 7esl 15orngfi 06 �15y ATWMuJbLg) r_ Land: 0-50 r,deplMi L.IF 0 5 1 S.Or, 0.1 r, .2) 50-I Ou,r,depth IL.F 0 s 18.Ou, 0.0 S, U) V00-I SZ,Tt Mepth IL.IF 0 5 30.0r, T' 0.0 r, Standard Penetration 7esl i5orngfi Q&y CME 8K�7ralci:-Mlofjrled�� _and 0-50 r,depl% L.IF 0 5 17.OT, 0.0 T" .0 53-I Or,r,d ep th IL.F 0 5 19.Or, 0.0 r, U) U) V00-I EZ,Tt Mepth L.IF 0 s 32.0Z, 0.0al � 0 Standard Penetration 7esl 15orngfi L- ¢&y E,3Fge-MOWrAeO EqUIPMEN) ,_and: 0-50 r,deplMi IL.IF 0 5 20.0r, 0.0 r, 0 EA3-I 0a,r,depth IL.F 0 s 27.0Z, 0.0al 4- V00-I SZ,Tt depth IL.IF 0 5 50.0r, 0.0 r, Grnlut-Sez,EorElolles �By Trucl-MounlEd EquIpmerl) Lan,T 0-:50 r,depl% L.IF 0 s 6.5z' L.0 S, 53-I Or,r,depth IL.F 0 5 8.0 r, 0.0 r, V00-I SS,ft df--p1h L.IF 0 s 9.5D, 0.0 S, Grnlut-Sep,EorEMolles �15y ATV(AlUJbUg) 0 :_and: 0-50 r,deplMi IL.IF 0 5 7.25 T, 0.0 r, U)-19 EO-I 0a,r,depth IL.F 0 s 8.25 y 0.0al V00-I SZ,Tt depth IL.IF 0 5 10.Or, 0.0 r, Grout-Sez,EorEMolles 00 d&y CME 85C-pTralci:-Mlofjrledl,-� Lan,T 0-50 r,deplM L.IF 0 s 8.25 L.0 S, 53-I Or,r,depth IL.F o 5 9.5a, 0.0 r, V 0 0-I SS,ft�--p1h L.IF 0 s 14.5D, 0.0 S, Grolut-Sezr,EorEMolles (By Barge-Mourled Equllpmlerl) w IL.IF 0 5 9.0 r, 0.0 r, w Lan,T 0-50 r,deplMi x EA3-I 0a,r,depth IL.F 0 s 10.5a, y 0.0al 1 V00-I SZ,Tt Mepth IL.IF 0 5 16.0r, 0.0 r, 0 0. E Page,f zf 3 U) �e E 25- Packet Pg. 877 711EIRRASOUTH IFLORAIDA,INC, UNIT IFEIE SCHEDULE„IFIIELIDAINID LABORATORY 7ES71ING SFEIRVV--EsR faEM"19 Allowance ,1,5y 7rucl-MiDur'list EquIpmerl'i aril 0-50 r,deplM, LIF 0 5 8.0r, &I OLD F,A3-I op,n depth LIF 0 5 S.7 IS T, 0.0p, 0 VQD-l5a,R Iilep1h LIF 0 5 11.5r, rmIing Allowance iB A.Twvudmg� U) Lnil 0-50 r,deplM LIF 0 5 9.75 OLD 0 EA3-I op,r,depth LIF 0 5 13.25 D.DP" > VOO-155 Tt depth IL IF 0 5 15.5E D.DP" Cas"ing Allilowarse, (Ey C'ME 85r,17ra,A-Mlofjrledl,) Lanil 0—90 r,dep"Mi LIF 0 5 12.0r, E 50-I DID r,clepth LIF 0 5 14.K OLD V00-I SS ft bepth LIF 0 5 16.5r, 0.0p, faVing Allaw"arcre, 06 (By BmTgP-,,McurAPd,Equllpmerlb C CD Lanil 0-50 rl depl% LIF 0 5 13.5a D.DP" c U) SO-I DZ r,depth LIF 0 5 16.5a V00-I ED Tt ISepl,h LIF 0 5 18.75 D.DP" Rook Corling(GlrvMurEsl,, C oSy 717jel-Allourled Equllpmerlb 0 I,-143"1 6pep IL.F 0 5 55.5E 0.0f, IN-I DZ r,deep LIF 0 5 32.5r, U) 1U) Rock Corling i0lrvMurssll 0- �&y A7VRAudl:(ffug)i 0. r,-53 la deep L.F 0 5 75.0r, OLD L- F,A3-I of,n deep LIF 0 5 85.0r, Rack Corling dSlrvrluresl, ABy CME 8.50 17rack-Vcurled)ll. r,-143'I le'sp IL.F 0 5 75.0r, 50-I op,r,deep LIF 0 5 35.0r, 5 OLD Rock Corling i3lrvMures, Gy rBy Bargle-Wourled Eqj1piTintl�, S-FA3 ft pep L.F 0 5 75.E 0.0r, F,A3-I or"r,deep LIF 0 5 85.0r, 0.0f, 0 V 0 0-I Sa"Tt deep LIF 0 5 95.0r, -19 U) m Field IF&min eamity Tests iElDrelIVe Perc) Eacri 0 5 450.0r, 5 0.0f, Flagmen&Barr ioacips e,2 mani crew)i IDay 0 5 2�30.Drl &I OLD 00 Flaginnen&Elarricades�2 mani crew)i 1`41qmt 0 5 1200 00 Florida Palrollmen A`Traffc CopIrcOr Hour 0 5 301.0jr, 5 01.01f, Sr.Eng.Tech 17ra,71c Ccritrali Hour 0 5 38.3r, 5 OLD w x Arrcjlw RETIZ�sign Ibay 0 5 vG6.6-; 5 0.0f, w Cares SwIcsides IDay 0 5 250.0r, y plpi0 Varable Vesfiage 150= I]ay 0 5 175.0r, E Auger Borngfi AFtoaftayF IL IF 0 5 1 D.Sa 5 0.0f, CD C Page 2 ar,3 C 0 E 26- Packet Pg. 878 TIERRA SOUTH FLORIDA,IIIwNC UNIT IFEIE SCHEDULE�IFIIELID AIMID LABOIRA70F.Y TESTING GEIRVICIEGF Ell In SpIllil,3poorl Samples Lan& O-Sr,ft dpiath Each 0 s 4 2.0 S, T, F,A3-IZO ft dep',Mi E,3CM 0 $1 8.or" T, C.Or" > Hard Aduck Probes i'2-mar cnwl, IDay 0 s OM &I 0.0r, 0 2-linch Plezometer InVallatriDn L.IF 0 5 S.ou, Hour 0 5 200.0r, 0.0r, ID 0 1111 F.1g,Z C rElA U) CY PlezroTleler Pernnilit Each 0 5 70.0r, 0.0r, > Double Ring rlMTatllon 7eV, E,3CM 0 s KM PzwernEnt.Cures,Ariphall Eacm 0 5 V05.0r, P3%-ernent Cores,Conlorele, E,3CM 0 5 vos.oz 0.0r, LA BOR 4TOR Y TES MG 06 Naturall Molliiiure Con tLnt 7EVE Eacm 0 5 10.or" Gr,30-0tZFA,1311YSIIS-Fuft,Gradation E,3ch 0 S 65.0s" T, Grin-Gle Anallysis-GMggle Lieve E,3CM 0 s 3o.or C.Op" Orgarillc Content Teals E,3CM 0 5 50.0r, T, 0.0r, 0 Atluberg Limit 7eVs E,3CM 0 s 85.0z" &I 0.0r, U) Frrvlrznmenlmr 7EVlE,ipH,SUIMNS, Each 0 5 175.0Z, 0 Oborlln.s,resIVIAN), UIR WelgM 7"'PtL mnlrallon E,3cM 0 5 MOE, Racl ClonniplTesstion 7est E,3CM 0 5 v I O.Or" 0.0r, Splllq 7enslan 7esf E,3CM 0 s V I D.oz, LBF.7esl E,3CM 0 s 320.0Z, E,3C#,l 0 5 2 75.0r, 0.0r,Perm eablilly Test-faling,Hi-ad Gr,aA-,1Yze*ih IHydrurmaler E,3CM 0 s t25.DZ, 0.0r, Sannpce PrEparallon Hour 0 5 75.0Z, U) Mrect SMear SlTenglh 7est Q..V Point) E,3CM 0 5 300.0r, 0.0r, 00 w x w 0 0. E PagE'3 al,3 888 27- Packet Pg. 879 7 IIERRA LOUTIH F LOF.HaA,IINC UNIT FEIE SERVICES) UnIIII P:of urill* UnIt Price Total ENGINIEE RING400,01RDINATION pmnitIpal EngIneer Hour 0 175 QD 0 Sen jor ErgIreer Hour 0 5 1K Go Prugiecl.IE nginieer Hour 0 12500 OLD U) 0 Len Oor TecMiliclan HiDur 0 7500 0.0z" > (n CAIDID Hour 0 7000 OLD TeciNclar Huyr 0 55 QD E 06 r_ 0 U) 4T 0 U) 00 w x w 0 CL E Page V Of I 28- Packet Pg. 880 C.28.c ATTACHMENT B cm c 32 APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT Z ° 0 U) 06 r- U) U) U) 0 a. - 19 U) 00 0 cm 0. 4i r- 0 29- Packet Pg. 881 LOCAL AGENCY PROGRA141 FEDERAL-AID TERAIS P5-040-84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGRAFNT cm U4115 Page I Dif 3 The following terms apply to all contracts in which it is indicated that the services involve the expenditure of feclerall funds: 0 .0 A. It is understood and agreed that allil rights of the Local Agency relating to inspection,review,approval, patents,copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United Z: States of America. U) B. lit is understood and agreed that,in order to permit feclerall participation,no supplementall agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without thie approval of the U.S. Department of Transportation,anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations:relative to nondiscrimination in E Federal ly-assisted programs of the U.S.Department of Transportation T11le 49,Code of Federal Regulations,Part 0 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein 0. incorporated by reference and made a part of this Agreement. 06 C: D. Nondiscrimination: The Consultant,withi regard to thie work performed during the contract,shall not discriminate P on the basis of race,color,national origin,sex,age,disability,religion or family status in the selection and retention U) of subcontractors,including procurements of material/and Ileases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the RegUlatio ins,including employment practices when the contract covers a program set forth in Appendix 6 of the Regulations. 0 E. Sollicitations for Subcontracts, Including Procurements of Mlaterialls and Equipment: In all solicitations made by the Consultant,eilther by competitive bidding or negotiation for work to be performed unider a subcontract, U) including procurements of materials and leases of equipment,each potential subcontractor or supplier shall be 1� notified by the Consultant of the Consultant's obligations under this contract and thie Regulations relative to O_ nondiscrimination on the basis of race,collor,national/origin,sex,age,disability,religion or family status. IL L_ F. Information and Reports: The Consultant will provide all info mriation and reports required by the Regulations,or directives issued pursuant thereto,anid shall permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or Federall Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations,orders and inistructions. Where any information required of the Consultant is in the eXCILMiVe possession of another fails or refuses to furnish this information,the Consultant shall so certify to the Local Agency,Florida Department of Transportation,Federal i Administration, Federall Transit Administration, Federall Aviation Administration, and/or the Federall Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to obtain the information. 0 19 G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination ) provisions of this contract,the Local Agency shalll impose such contract sanctions as it or the Florida Department of Transportation, Federall Transit Administration, Federall Aviation Administration,and/or Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not limited to, 00 11. withholding of payments to the Consultant Linder the contract until the Consultant compilies and/or 2. cancellation,termination or suspension of the contract,in whole or in part. H. incorporaticni or Provisions: The Consultant will include the provisions of Paragraph C through I in every W subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations,order, X or instructions issued pursuant thereto. The Consultant shal'ill take such action with respect to any subcontract or W procurement as the Local Agency,Florida Department of Transportation, Federall Highway Administration,Federal I Transit Administration, Federal Aviation Administration,and/or the Federal Motor Carrier Safety Administration may 0 direct as a means of enforcing such provisions,including sanctions for noncompliance. In the event a Consultant 91 E becomes involved ini,or is threatened with,litigation withi a SiLibconSiLiltant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency,and,in addition,the Consultant may request the United States to enter into such litigation to protect the interests of the United States. I. Compliance with Nondiscrimination Statutes anid Authorities:Title VII of the Civil Rights Act of 1964(42 U.S.C.§2000d et ggg seq.,76 stat.252),(prohibits discrimination on the basis of race,color,national)origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601),(prohibits unfair treatment E 30- Packet Pg. 882 C.28.c LOCAL GENUS PROGR_,AA1 FEDERAL-AID TERMS 17'Q40 84 � For PROFESSIONAL. SERVICES CONTRACTS PRcGRnnnMANAGEMENT m4n5 Page r erf 3 of persons displaced or whose property has been acquired because of Federal or Federall-aid programs and projects)„Federal-Acid(Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basics of sex),Section 504 of 0 the Rehabilitation Act of 1973,(29 U.S.C.§794 et sec.),as amended,(prohibits discrimination on the basks of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 61011 et seq.), (prohibits � discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U''SC§,471, Section 47123)1 as amended. (prohibits discrimination based on race,creed, color, national origin, or sex);The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,coverage and applicability of Title V1 of the Civill Rights Act of 11964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of thie r: terms "programs or activities"to include all of thie programs or activities of the Federal-aid recipients, sub-recipients anid contractors, whether such programs or activities are Federal'illy funded or not); Tithes III and III II of the Americans with Disabilities Act,which prohibit discrimination on thie basis of disability in the operation of public entities,public anid private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 121131 -- 1121189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federall Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohiibits discriimination on the basis of race, color„ nationiall origin, and sex); Executive Order 12898, Federall Actions to Address EnvironmentalJustice in Minority E Populations and Low-Income Populations, which ensures non-discrimination against minority popu,llations by 0 discouraging programs, policies, and activiitiies with disproportionately high and adverse human heallth or environmental) 0. effects on minority and Icw-Income populations. Executive Order 13166, (Improving Access to Services for Persons with 06 Limited English Proficiency, and resulting agency guidance, niational origin discrimiinatcn includes discrimination because of Olimited English proficiency(LEP). To ensure compliance with Title VII, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed Reg. at 74087 to 74100) Title I'X of the Ga Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). J. interest of Members of Congress: No member of or delegate to the Congress of the United States will)be admitted to any share or part of this contract or to any benefit arising therefrom. U) K. interest of Public Officials: No member,officer„or employee of the public body or of a local public body during his tenure or for one year thereafter shallll have any interest,direct or indirect,in this contract or the proceeds thereof. For purposes of this provision,public body shall include municipalities and other politicall subdivisions of States;and � public corporations„boards,and commissions established under the Ilaws,of any State. L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsuulltant or contractor. The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race„color,nationall origin,or sex in the performance of this contract The contractor shall))carry out applicable requirements of 49 CFR Part 26 In thie award and administration of DOT-assisted contracts. `61lure by the Consultant to carry out these requirements its a material breach of this contract,which may result in termination of this contract or other such remedy as the recipient deems appropriate. 19 M. it is mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any U) facts rellated to the project(s)described in this Agreement is a violation of the Federal Law. Accordingly, United States Code,Title 18,Section 1020,its hereby incorporated by reference and made a part of this Agreement. u N. it is understood and agreed that if the Consultant at any time(learns that the certification it provided the Local Agency in compliance with 49 CFR,Section 26.51,was erroneous when submitted or has become erroneous by reason of changed circumstances,the Consultant shalll provide immediate wriitten notice to the Local)Agency.It is further agreed that the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Excllusion-Lower Tiler Covered Transaction"as set forth in 49 CFR,Section 29.5110,shall be Included by the Consultant in all(lower tier covered transactions and in alll',aforementioned federal regulation. O. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract,to 91 11. employ or retain,or agree to employ or retain,any firm or person,or 2. pay, or agree to pay,to any firm, person,or organization, any fee, contribution, donation,or consideration of any kiind; The Local Agency further acknowledges that this agreement will)be furnished to a federal agency, iin connection with this contract involving participation of Federall-Aid funds and is subject to applicable State and Federal Laws, 31- Packet Pg. 883 LOCAL AGENCY PROGRA1\1 FEDERAL-AID TEFAIS 375-040-84 PROGRAM MANAGEMENT For PROFESSIONAL SERVICES CONTRACTS 04115 both criminal and civil. P. The Consultant hereby certifies that it has niot: 0 1. employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee working sollely for the above contractor)to solicit or secure this contract U) 0 2. agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any > firm or person in connection wilt,h carrying out this contract;or (n CM C 3. paid,or agreed to pay,to any firmi,organization or person(othier than a bona fide employee working solelly for the above contractor)any fee contribution,donation,or consideration of any kind for,or in connection with, E procuring or carrying out the contract. The consultant furthier acknowledges that this agreement willl be furnished to the Local Agency,the State of 06 Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federall-Aid funds,and is Subject to applicable State and Federal'!Laws,both criminal and civill. C 0 U) 4T 0 L_ IL L_ 0 19 U) 00 W X W 0 0. E C C 0 E 32- Packet Pg. 884 0 Revised O1/2015 APPENDICES A and E During the performance of this contract, the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the"Contractor")agrees as follows: 0 (1.)Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USID07) Title 49, Code of Federal Regulations, Part 21, as they may be U) amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (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, includiing procurements of E materials and leases of equipment. The Contractor shall riot participate either directly or !indirectly iin the discrimination prohibited by section 21.5 of the Regulations, including 06 employment practices when the contract covers a programs set forth in Appendix B of the C: Regulations. (3.)Solicitations for Subcontractors, including Procurements of Materials and IE,qulipm,ent: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurerrients of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the .0 U) Contractor's obligations under this contract and the Regulations relative to nondiscrimination U) on the basis of race,color, national origin, sex, age,disability, religion or family status. 1� 0 L_ (4.) Information and Reports: The Contractor shall provide all information and reports required IL by the Regulations or directives issued pursuant thereto, and shalt permit access to its books, records, accounts,other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, 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 another who faills, or refuses to furnish this information the Contractor shalll so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety 0 Administration as appropriate, and shalt set forth what efforts !it has made to obtain the 19 !information. U) (5.) Sanctions for Noncomphanice: In the event of the Contractor's noncompliance with the 00 nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctioris as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but riot limited to: a. withholding of payments to the Contractor under the contract until the Contractor W X complies, and/or W b. cancellation, termination or suspension of the contract, in whole or in part. I 0 91 (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) E through (7) iin every subcontract, including procurements, of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit 33- Packet Pg. 885 Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration maydilnecu as a means of enforcing such provisions including sanctions for � noncompliance. In the event a Contractor becomes involved in,, or is threatened with. litigation, with eoub-comitractoror supplier as a result cf such direction, the Contractor may request the Florida Department nfTransportation to enter into such litigation to protect the � � Untevests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. � � <7j CammpUianoevvith Non dlisorilmivatino Statutes and Authorities: Title VI of the Civil Rights Act of1BQ4 <42U.S.C. 020DDdegaeq.. 78 stall. 25�2k (prohibits discrimination,on the basis of > maoe, color, national origin); end48 CFR Part 211; The Uniform Relocation Assistance and ~^ Real Property Acquisition Policies Act of197O^ (42U.S.C. Q40U1). (prohibits unfair treatment of persons displaced or whose property has been,acquired because ofFederal or Fedena|`aild programs and projects); Federal-Aid Highway Act of 1973^ (23 U.S.C. Q 324 sg seq.}` (prohibits discrimination on the basis of sex); Section, 504 of the Rehabilitation, Act of 1973^ � � <29 U.S.C. 5 794 et aeqj, as amended. (prohibits discrimination on the basis of disability); and49 CFR Part27; The Age Discrimination Act of1975. as amended, (42 B.S.C. §61011 et -° seq.). (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982. (49USC@471. Section,471128}, aaamended, (prohibits discrimination based unrace, \w � creed, oo|or, national mhQiln. or sex); The Civil Rights Restoration Act of 1887, (PL 1100'205). (Broadened the scope, coverage and applicability of Title Y| of the CiviU Rights Act of 1964, The Age Discrimination Act of 1975 and Section 5O4mfthe Rehabilitation Act of 11973', by expanding the definition of the terms ^pm0manms or ect|v|0ee^to Unc|ude all of the programs or activities of the Fedena|'aild nedpients, sub-reopienits and contnacmors, whether such programs or activities are Federally funded or not); Titles || and U| of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of 0 public entities, public and private transportation systems places of public a000nmmodadon^ and certain testing entities (42U.S.C. 50 12131 - 12189)ay implemented by Department uf Transportation, regulations at 48 C.F.B. pans 37 and 38; The Federal Aviation Adnministnation'aNlon'disoimimetionatatute (4SU.8.C. 04712D) (pmhibNadiachminmbonom ~^ the basis nfrace, color, metinma| origin, and sex); Executive Order 12898, Federal Actions to — Address EnvimnmnentaU Justice in Minority Populations and Lmw'|noonme Populations, which ensures num-diauhmination against minority populations by discouraging orogmanms^ policies, � and activities with disproportionately high and adverse human health or environmental offewe on minority and |ow'inioome populations; Executive Order 1316O^ Improving Access to � Services for Personim with Limited English Proficiency, and resulting agency guidance, 0 national origin diiecrilmination includes discrimination because of limited English proficiency (LEP) To ensure compliance with Title VI, you must reasonable ��smo ensunu �� '~ ^ LEP persons have meaningful access toyour pmgnarris (70 Fed. Reg. at 74087 to 74100); Title |X of the Education Amendments of 1972. as amended, which prohibits you from ~~ discriminating because of sex ineducation programs nr activities (2DU.S.C. 11681 et sec). �~ � CL 2 34- C.28.c ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts Z ° 0 06 U) U) U) 0 a. - �s 19 ° U) 00 �s 0 0. �s T 35- Packet Pg. 887 375-030-33 � PROCURSMEm10/01 � CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES � � ON FEDERAL-AID CONTRACTS (Compliance with 4$CFR. Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or Z: her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf Vfthe 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 Congream, or an employee of Member of Congress in connection with the awarding of � � any federal conhact, the making nf any federal grant, the making of any federal loan, 06 the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. U) � (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard � Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. � � (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Dffice.) ^� � 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 ism � prerequisite for making or entering into this transaction imposed by Section 1352. Title 31. U.S. Code. Any person who fails tofile the required certification shall bo subject 10 � 0 a civil penalty of not less than $10,000 and not more than $100,000 for each such 19 failure. � � The prospective participant also agrees by submitting his or her proposal that he or she 00 shall require that the language of this certification be included in all lower tier It- ouboontnscts. vvhiohexooed $1OO.00Oandtha(oUouoheubnecipien(oohaUoertifyand disclose accordingly. Name ofConau|tant' �� X By: Paul G.pvwy P.E. Date: January 4,2018 Authorized Signature ' CL Title: President � 36- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROCUREMENT v«^ |NEL|G|B|L|TYANDVoLUNTARYEXCLUS|ON' � LOVVERT|ERCOVEREDTRANSACT|ONSFORFEDERALA]DCONTRACTS � (Compliance with 2CFR Parts l8O and 12OO) Z n|s certified that neither the below identified firm nor its principals are presently Suspended,proposed for debarment,declared ineligible,nr voluntarily excluded from participation in this transaction by any federal department oragency. Name of ConSLiltant/Contractor: ma -� Title: pmxmvnt Instructions for Certification Instructions for Certification-Lower Tier Participants: — mpp|inab|emen subcontracts,purchase orders U m and o�ho,|o*o, �r� nyanhnns requiring phorFHmA appmve|oresUmotmdm -~ cost$25.ODUor more'2CFR Pails 18V and 12OO) u By signing and Submitting this pmposa|,the prospective lower tier is providing the certification set out below. ' b�The oemn0000n in,his clause is a mo\a,io|representation of fact upon which reliance was p|onou when this transaction was ~~ entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition m other remedies available mthe podeoe|Government,the dopmrtmunt,or agency with which this transaction originated may pursue available n,medins,including Suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal ia submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. � u.The terms"covered tmnsmm|on.' ^unua,mu.^^suoponueu.^''ine|iO|h|o.^''»amc|nont.^^porson.''''p,incipo|.^and"voluntarily � eomdod^os used|n this clause,are defined in2CFRParts 180and 1200 You may contact the person Vu which this proposal — is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be 0 entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended -19 declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or U) agency with which this transaction originated. f.The prospective lower tier participant further agrees by submittingthis proposal that it will include this clause titled 00 "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without mnmnco8un.in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25.000thmohnN, 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 uemznnd,suspenueu,innooime,or voluntarily excluded from the covered oansact|on,unless it knows that X the certification is erroneous.Aport|o|pont is responsible for ensuring that its principals are not suspended,debored,or mm otherwise ineligible(o participate in covered transactions.Toverify the eligibility of its principals,as well ao the eligibility ofany ' lower tier prospective participants,om*participantmay.bm|snctmquireUto.checktheExcludedPmrtiesUst8ystemwobsUe 91 (»#ps:Vvw°v.op|s.gov/),which is compiled by the eonom|Services Administration. h.Nothing contained in the foregoing shall be construed to require establishment of a system or records in order to ender in ^~ good faith the certification required by this clause.The knowledge and information o,participant is not required!oexceed that which is normally possessed by a prudent person in the ordinary course of business dealings. ^ i.Except for transactions authorized under paragraph e of these instructions,if a participant in a covered transaction knowingly enters into lower tier covered transaction with a person who is suspenueu,uouarred,me||gima'or Voluntarily excluded from participation in this transaction,in addition to other remedies uvoi|amn to the Federal oovemmunt,the department n,agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 37- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 OCUREMENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGC-03/17 FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that I will reCUse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Con sultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for 0 the Department,and therefore may not accept benefits of any sort under circumstances in which it Could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships) U) which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department")related to the procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project("Procurement Information").I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to,documents Submitted to the Department by entities seeking an award of the Project("Proposers").I understand that Procurement Information may E include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals, 0 financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include 0. documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree 06 not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. C: Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any 0 Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel").I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such request to the Department's Procurement Office.I will also maintain security and control over all documents containing Procurement .2 Information which are in My Custody. U) U) 1� I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under 0- consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Department or may otherwise be a violation of the law. I agree not to engage in bid tampering,pursuant to Section 838.22,Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22,Florida Statutes.. Advertisement No./ Description Financial Project Number(s) Solicitation No N/A On-Call Professional Engineering Services N/A 0 19 U) 00 Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Signa L S Date W Paul G.Foley,P.E. Principal-in-Charge 71 . 01/04/2018 ,4_i2�,4, /' - X V IV W 0 0. E 38- Packet Pg. 890 E I C.28.c A�" CERTIFICATE OF LIABILITY INSURANCE DAr1/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed cm c If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 00 PRODUCER CONTACTNAME: Vicky Van Wormer > Brown &Brown Insurance-Clearwater PHONE FAX 83 Park Place Blvd., Suite 101 A/C No Ext: 727 450-7018 A/c,No):727-450-7083 E-MClearwater FL 33757-2456 ADDRESS: vvanwormer@bbpinellas.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Admiral Insurance Company 24856 INSURED INSURER B:The Travelers Indemnity Company of America 25666 vs Kisinger Campo&Assoc. Corp. O Campo&Associates, PLLC, KCCS, Inc. INSURERC:The Charter Oak Fire Insurance Company 25615 > 201 N. Franklin Street, Ste. 400 INSURERD:Travelers Casualty and Surety Company 19038 Tampa FL 33602 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:528512690 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI 0. INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 06 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR ADDL SUBR POLICY EFF POLICY EXP a� LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LIMITS C X COMMERCIAL GENERAL LIABILITY Y 630-8254A604 9/1/2017 9/1/2018 EACH OCCURRENCE $1,000,000 PREMISES DAMAGE TO CLAIMS-MADE OCCUR � PREMISES Ea occurrence $300,000 X Contractual MED EXP(Any one person) $10,000 U) X XCU Liability PERSONAL&ADV INJURY $1,000,000 U) GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y 8108254A604 9/1/2017 9/1/2018 (CEO ma $ Ea accidentS 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLALIAB X OCCUR Y CUP7J748484 9/1/2017 9/1/2018 EACH OCCURRENCE $4,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTION$10,000 $ U)� D WORKERS COMPENSATION UB2G641560 10/3/2017 10/3/2018 X STATUTE X OERH U.S.L.H. AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 00 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Professional Liability E000002720504 11/2/2017 11/2/2018 Per Claim 5,000,000 Claims Made Aggregate 5,000,000 Deductible 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate Holder is an additional insured with respect to general liability,auto liability and umbrella liability. Explosion,collapse and underground hazard O included in CGL. 91 60 day notification of cancellation applies to certificate holder,except 10 days for non payment of premium. a� CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County, a political subdivision of the State of ACCORDANCE WITH THE POLICY PROVISIONS. Florida 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 891 C.28.c COMMERCIAL AUTO py POLICY NUMBER: P-810-8254A604-TIA-17 ISSUE DATE: 09-14-17 ° THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. as ° LESSOR — ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM E TRUCKERS COVERAGE FORM as CL With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE as Insurance Company: TRAVELERS INDEMNITY COMPANY OF AMERICA _ Policy Number: P-810-8254A604-TIA-17 Effective Date: 09-01-17 Expiration Date:09-01-18 ° Named Insured: KISINGER CAMPO & ASSOC CORP L2 AND AS PER IL T8 00 CL Address: 201 N FRANKLIN ST, SUITE 400 4- TAMPA FL 33602 Additional Insured (Lessor): Address: as E 119 Designation or Description of Leased "Autos": 00 ANY "AUTO" LEASED FOR A PERIOD OF SIX MONTHS OR MORE UNDER A LEASING CONTRACT OR AGREEMENT THAT REQUIRES YOU TO PROVIDE DIRECT PRIMARY INSURANCE FOR THE LESSOR. Coverages Limit Of Insurance e Liability $ 1,000,000 Each "Accident" o CL Comprehensive Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ SEE ILT825 E Deductible For Each Covered "Leased Auto" L- as Collision Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ SEE ILT825 Deductible For Each Covered "Leased Auto" U, Specified Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ Causes Of Loss Deductible For Each Covered "Leased Auto" as Information required to complete this Schedule, if not shown above, will be shown in the Declarations. E U CA 20 01 03 06 © ISO Properties, Inc., 2005 Page 1 of 2 Packet Pg. 892 C.28.c COMMERCIAL AUTO py ° as A. Coverage 2. The insurance covers the interest of the les- ° 1. Any "leased auto" designated or described in sor unless the "loss" results from fraudulent the Schedule will be considered a covered acts or omissions on your part. E "auto" you own and not a covered "auto" you 3. If we make any payment to the lessor,we will hire or borrow. obtain his or her rights against any other 2. For a "leased auto" designated or described party. in the Schedule, Who Is An Insured is C. Cancellation CD changed to include as an "insured" the lessor 1. If we cancel the policy, we will mail notice to named in the Schedule. However, the lessor the lessor in accordance with the Cancella- is an "insured" only for "bodily injury" or tion Common Policy Condition. L_ "property damage" resulting from the acts or as CL omissions by: 2. If you cancel the policy, we will mail notice to a. You; the lessor. 3. Cancellation ends this agreement. CD b. Any of your"employees"or agents; or as D. The lessor is not liable for payment of your C. Any person, except the lessor or any premiums. "employee" or agent of the lessor, operat- ing a "leased auto" with the permission of E. Additional Definition U) any of the above. As used in this endorsement: L2 3. The coverages provided under this endorse- "Leased auto" means an "auto" leased or rented ment apply to any "leased auto" described in to you, including any substitute, replacement or CLL the Schedule until the expiration date shown extra "auto" needed to meet seasonal or other in the Schedule, or when the lessor or his or needs, under a leasing or rental agreement that her agent takes possession of the "leased requires you to provide direct primary insurance auto",whichever occurs first. for the lessor. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss"to a "leased auto". 119 U) 00 e e e 0 CL E L_ (D CD (D E U Page 2 of 2 © ISO Properties, Inc., 2005 CA 20 01 03 06 Packet Pg. 893 C.28.c COMMERCIAL GENERAL LIABILITY qy a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY as a BLANKET ADDITIONAL INSURED (CONTRACTORS) U) U This endorsement modifies insurance provided under the following: CD COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- E_ to include any person or organization that you sured does not apply to "bodily injury" or as agree in a "written contract requiring insurance" "property damage" caused by "your work" CL to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional _ insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such g damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- CL requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and _ by this endorsement is limited as follows: collectible "other insurance", whether primary, 3 a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is as this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, 00 quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III —Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any CL on any other basis, that is available to the addi- E professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". as prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the draw- ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- E rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice U engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. P Packet Pg. 894 C.28.c COMMERCIAL GENERAL LIABILITY (y a i. How, when and where the 'occurrence" any provider of"other insurance"which would as or offense took place; cover the additional insured for a loss we L_ i cover under this endorsement. However, this i. The names and addresses of any injured persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by E iii. The nature and location of any injury or this endorsement is primary to 'other insur- damage arising out of the 'occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means CL ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a person or organization as an additional in- receive written notice of the claim or "suit" as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate as with us in the investigation or settlement of a. After the signing and execution of the the claim or defense against the "suit", and contract or agreement by you; CL otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. a as E 119 U) 00 LU LU e e e 0 CL E L_ (D a (D E U Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D Packet Pg. 895