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Item D28
D.28 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �� r�l � � Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I ' David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting April 15, 2020 Agenda Item Number: D.28 Agenda Item Summary #6704 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754 N/A AGENDA ITEM WORDING: Approval of Amendment 1 to task order with WSP USA, INC. for engineering design and permitting services for the Key Largo III Roadway and Drainage Improvement Project(Burton Drive and specified roads in the Harris Ocean subdivisions). This task order is being amended to add additional geotechnical scope on Burton Drive in the lump sum amount of$6,960.00 for a revised total contract amount of$356,054.71. ITEM BACKGROUND: During the design review relative to pavement rehabilitation strategy, staff felt that although the pavement condition index (PCI) scores for the roads might indicate reconstruction, the condition of the base course warranted further analysis (specifically for Burton Drive) to enable the County to opt for a mill and resurface pavement rehabilitation strategy which is less costly than full reconstruction of the base. The geotechnical engineering firm Terracon has recommended that additional tests be performed at 5 locations on Burton Drive. The California Bearing Ratio (CBR)test is used to evaluate the strength of sub grade soil, subbase, and base course material for design of thickness of pavement. The Standard Penetration Test (SPT) is an in situ method used to determine the relative density of soils and approximate shear strength parameters. The Dynamic Cone Penetration Test (DCP) is a test for soil compactness and load bearing capacity. The design considered sea level rise data and the consultant has coordinated with the Florida Department of Transportation (FDOT) for their Burton Drive/USI intersection project. The project is part of the previously adopted 2014 County Road Improvement Program. PREVIOUS RELEVANT BOCC ACTION: May 22, 2019 — The BOCC approved the task order with WSP USA, INC. for engineering design and permitting services for Key Largo III Roadway and Drainage Improvement Project in the maximum not to exceed amount of$349,094.71. January 17, 2018 — The BOCC approved On Call Engineering Services Contracts with 9 firms: CSA Central, EAC Consulting, HDR Engineering, Keith & Schnars (now KCI Technologies, Inc), Kisinger Campo, Mathews Consulting, RS&H Inc, TY Lin International and WSP USA, INC. Packet Pg. 1229 D.28 March 20, 2013 — The BOCC approved a contract with IMS Infrastructure Management Services for asphalt pavement analysis on County roads. CONTRACT/AGREEMENT CHANGES: Additional Terracon geotechnical scope on Burton Drive in the amount of$6,960. STAFF RECOMMENDATION: Approve Amendment 1 to task order for Key Largo III Roadway and Drainage Improvement Project engineering design and permitting services. DOCUMENTATION: 4.15.20 KLIII Amendment 1 WSP USA Task Order executed 03272020 EXECUTED-Key Largo III Roadway & Drainage Improvement Project-052219 WSP USA Inc. - EXEC - 1-17-18 FINANCIAL IMPACT: Effective Date: April 15, 2020 Expiration Date: 30 days after construction final acceptance Total Dollar Value of Contract: Amendment 1 $6,960.00 Total Cost to County: $6,960.00 Current Year Portion: $6,960.00 Budgeted: yes Source of Funds: 102—22567 KLIII CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: yes Additional Details: Total Contract revised from $349,094.71 to $356,054.71 04/15/19 NEW COST CENTER ADDED $6,960.00 22567 - Key Largo III REVIEWED BY: Judith Clarke Completed 03/26/2020 3:42 PM Christine Limbert Completed 03/26/2020 4:38 PM Purchasing Completed 03/26/2020 4:49 PM Budget and Finance Completed 03/26/2020 4:51 PM Maria Slavik Completed 03/26/2020 5:04 PM Kathy Peters Completed 03/30/2020 8:14 PM Board of County Commissioners Pending 04/15/2020 9:00 AM Packet Pg. 1230 D28.a U AMENDMENT 1 TO TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND WSP USA, INC. FOR KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 17th day of January 2018 between Monroe County hereinafter referred to as the "County" and WSP USA INC. hereinafter referred to as 0 "Consultant" where design services are allowed if construction costs do not exceed y $2,000,000. 0 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. The Task Order, which was effective on the 22nd Day of May 2019, is being amended as follows: c Article VII, Paragraph 7.1 is amended to include additional Professional 0. Subconsultant Services (Terracon geotechnical services) for Burton Drive, Key Largo as follows: N Add Standard Penetration Test (SPT) borings, coring and Dynamic Cone Penetration (DCP) tests to obtain California Bearing Ratio (CBR) Values 1) 5 - SPT Borings to a depth of 2 feet (total 10 feet) 2) 10 - DCP test to obtain CBR's values along the proposed road improvements Base and Subbase at 5 locations 3) 5 -Asphalt cores X Professional Subconsultant lump sum amount $6,960.00 Revised Total Contract Amount $356,054.71 Add Paragraph 7.1.2 as follows: The individual itemized task amounts are estimates and may be adjusted as needed with prior approval by the County Engineer as long as the Total Contract Amount of$356,054.71 is not exceeded. IN WITNESS WHEREOF, each party caused the Amendment 1 to Task Order to be executed by its duly authorized representative. E Consultant Witness: WSP USA INC. Andres Cardona _ DC oita asIIPE,Sl signed by Ronald M 2020.03.26 15:45:1 1 DN:cn=Ronald M Colas,PE,SI, -US,o=WSP USA INC, 3/26/20 -04'00' 3/26/20 mail=Ronald.Colasl@wso corn Date:2020.03.27 10:36:18-0400 CD Signature ' ' Date Signature Date N Vice President - Senior Area Manager LID South Florida Region- The Caribbean Title Amendment 1 Key Largo III Roadway and Drainage Improvement Project WSP USA,INC. April 15,2020 Packet Pg. 1231 D28.a U (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA CL By: By: As Deputy Clerk Mayor/Chairman le Date: 0 MONROE COUNCCTY��,ATTORNEY/ Chi RISITNE LIMBERT•BARROWS ASSISTANT COUNTY ATTORNEY TlATE... 3/24/2_0 0 2 CD CD M N U s le CL P' N LO P' Amendment 1 Key Largo III Roadway and Drainage Improvement Project WSP USA,INC. April 15,2020 11 �I ,_ c 12 Packet Pg. 1232 D.28.b p4J.Z cougra Pc °�E.. Kevin Madok, cPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida ~�E cOV DATE: May 31, 2019 TO: Juditli Clarke, PE, Director e Engineering/Roads&Bridges Deb London, Project Manager Engineering Department m ATTN: Nicole Twyman, Execuru ti sistant e Engineering Department 2 FROM: Pamela G. Hancock, D.C. W SUBJECT: May 22 nd BOCC Meeting LO Enclosed is a duplicate original of Item Cl,Task Order with WSP USA, Inc. for Engineering Design and Permitting Services for die Key Largo III Roadway and Drainage CL Improvement Project(Burton Drive and specified roads in the Harris Ocean Subdivisions). This task order is being awarded under die On Call Contract for Professional Engineering Services in. W the maximum not to exceed amount of$349,094.71, for your handling. 0. Sliould you have any questions, please feel free to contact me at(305) 292-3550. Thank _ you. as a3 a3 a3 0 0 a3 cc: County Attorney Finance File a3 KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1233 TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND WSP USA, INC. FOR KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 17th day of January 2018 between Monroe County i hereinafter referred to as the "County" and WSP USA, INC. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Task Order is effective on the 22nd Day of May 2019 and shall expire 60 days after construction is complete. Design is anticipated to be completed within 270 days of < issuance of the Notice to Proceed. N Article II Scope of Basic Services, Paragraph 2.1 is amended to add 2.1.1 as LO follows: 0 The scope of services for the Key Largo III Roadway and Drainage Improvements project (specified roads in the Harris Ocean subdivisions) will include: completion of design for construction and any required SFWMD.permitting for the asphalt overlay, milling and resurfacing, roadway reconstruction as required based on current conditions, > and establishing roadway crowns. Road elevations will be evaluated and adjusted for sea level rise if necessary. The scope also includes the installation of french drainage 0. systems and the addition of bicycle lanes on Burton Drive to connect to the Florida Keys Overseas Heritage Trail (FKOHT) at US Highway 1 and coordination with the Florida Department of Transportation (FDOT) for their Burton Drive/US1 intersection project. The Design for Construction shall include, but shall not necessarily be limited to, plans 06 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 c and shall be in conformity, and comply, with all applicable law, codes, permits, and ®_ regulations. Products, equipment and materials specified for use shall be readily c available unless written authorization to the contrary is given by the County. Details of the scope of services are outlined below and in Attachment A: 1.0 DESIGN DEVELOPMENT The Consultant will evaluate existing adjacent environment and habitat and provide a design that eliminates or minimizes impacts to the surrounding environment and habitat. 5.22.19—WSP KLIII Task Order- 1 Packet Pg. 1234 D.28.b CL 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the following: 1. Florida Department of Transportation Roadway Plans Preparation Manuals http://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm 2. Florida Department of Transportation Design Standards http://www.dot.state.fl.us/rddesign/DesignStandards/Standards.shtm 3. Florida Department of Transportation. Manual of Uniform Minimum Standards for Design, Construction -and Maintenance for Streets and Highways http://www.dot.state.fl.us/rddesign/FloridaGreenbook/FGB.shtm 4. Florida Department of Transportation Surveying Procedure http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/5500301 01 pdf 5. Florida Department of Transportation Drainage Manual LO http://www.dot.state.fl.us/rddesign/dr/files/2008DrainageManual.pdf 6. Manual on Uniform Traffic Control Devices (MUTCD) http://mutcd.fhwa.dot.gov/ CL 7. American Disabilities Act http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/6250200 E 15.pdf 0 8. Florida Department of Transportation Flexible Pavement Design Manual hftp://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtm 9. Florida Statutes http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&S u bmenu=1&Tab=statutes&CFI D=1 4677574&CFTOKEN=80981948 2.2. The Consultant shall provide Drawings and applicable Technical Specifications for the County's review. 0 2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the c County the Consultant shall provide the County up to 3 sets of Construction Documents that have been signed and sealed by the Consultant. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction LU development phase. LU 2.4 The Consultant shall assist the County in the preparation of the necessary i bidding information for the production of bidding forms, the Conditions of the Contracts, LU 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 5.22.19—WSP KLIII Task Order-2 Packet Pg. 1235 D.28.b CL 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, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such E 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 c charge or cost to the County, unless said requirements are changed during the course of the project. 2.6 The County shall be responsible for the timely submittal of all permit application fees. N N LO 2.7 At the 90% and 100% design phases the Consultant shall provide drawings and other documents which depict the current status of design for the County's review and information. The Consultant shall provide an estimate of anticipated construction costs and construction schedule. CL 2.8 As needed, the Consultant will provide clarification and answers to questions E from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 0. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS °3 To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 06 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Structures Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 3.2 Specifications — For general specifications, FDOT Specifications will be used. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. , 3.3 Schedules— Prepare an estimate of the Construction Time. LU °- 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. LU 5.22.19—WSP KLIII Task Order- 3 Packet Pg. 1236 D.28.b CL 4.0 CONSTRUCTION COST Contemporaneously with the submission of the Design, the Consultant shall submit to the County in writing its final Opinion of Probable Construction Cost (OPCC) for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price y resulting from a change in Design. 0 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Consultant. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or"specially provided for by the E Consultant, plus a reasonable allowance for Contractor's overhead and profit. 0 4.3 Construction cost does not include the compensation of the Consultant and the sub-consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.0 CONSTRUCTION PHASE N LO 5.1 The Consultant shall review and approve or take other appropriate action upon Contractor submittals and requests for information. The Consultant's action shall be 0) taken with such reasonable promptness as to cause no delay in the Contractor's Work or CL in construction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review 0) and action shall be completed in 10 working days from receipt of a shop drawing 0) submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as 0. dimensions and quantities or for substantiating instructions for installation or E performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, 06 techniques, sequences, or procedures. 5.2 The Consultant will provide answers to Requests for Information (RFls) from the Contractor, as needed during construction and will implement any required plan _ revisions. 0 5.3 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. LU 5.4 The Consultant must reimburse the County for any "added costs" paid by the °_ County for additional construction cost that were incurred as a direct result of any error, LU omission, deficiency, or conflict in the work product of the Consultant, its consultants, or LU both. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency or conflict in the work product. The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the 5.22.19—WSP KLIII Task Order-4 Packet Pg. 1237 D.28.b project or would have been incurred had no error, omission or deficiency occurred, and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not. reasonably, be determined through a review of current field conditions by the Consultant or subconsultants. 5.5 The Consultant shall furnish to the County, upon project completion, the following: c • 2 sets of 11"X 17" signed and sealed Record Drawings • 2 sets of final documentation • 1 set of final as built CADD and pdf files on CD including a table of E drainage structures with GPS coordinates labeled for each structure The Consultant's Engineer of Record in responsible charge of the project's design c shall professionally endorse/certify the record prints, the special provisions and all reference and support documents. 5.6 The Consultant will attend the pre-construction meeting and as needed, attend the periodic construction progress meetings. N LO Article VII, Paragraph 7.1 is amended to include the following: The Consultant shall be paid monthly for time and expenses based on hourly CL rates/timesheets and lump sum amounts (as noted below), in accordance with the On Call Agreement rates, in the following Maximum Not to Exceed amount of$349,094.71: 0) Task 1: Data Collection & Preliminary Design Evaluation $28,868.52 Task 2: Design and Plans Production $155,446.65 0. Task 3: Environmental Resource Permitting $11,556.32 Task 4: General Engineering Services During Construction $25,237.22 Task 5: Meetings, Project Management and Quality Control $34,783.00 Reimbursable Expenses $10,200.00 Subconsultants: Geotechnical—Terracon (lump sum) $20,003.00 Topographic Survey— Miller Legg (lump sum) $63,000.00 Total (Not to Exceed) $349,094.71 Article IX Miscellaneous, Paragraph 9.29 Federal Highway Administration Requirements do not apply to this project. U € i 5.22.19:—WSP KLIII Task Order- 5 Packet Pg. 1238 D.28.b CL WSP USA INC. SECRETARY'S CERTIFICATE I,Hillary F. Jassey, Secretary of WSP USA Inc. (the "Corporation"), do hereby certify on e behalf of the Corporation and not in my individual capacity that on June 1, 2015 the Board of i Directors of the Corporation adopted the following resolution: 0 "RESOLVED, that parties authorized by the Delegation of Authority may sign RFPs, RFQs and any resulting project contracts or amendments in accordance with the Delegation of Authority." N N LO I further certify that the resolution has not been revoked and that, as an Area Manager of the Corporation, Ronald M. Colas is authorized by the Delegation of Authority to sign prime agreements, amendments, and task work orders, between Monroe County, Florida, and the 0. Corporation. a) CD This Certification is valid from 25 April 2019 until 30 June 2019, at which time the 06 responsibilities and authority conferred by this certificate will expire. 0 0 h ,. .. asset' . MaryUJ April 25,2019 Date Packet Pg. 1239 D.28.b IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Consultant Witness: WSP U , INC. April 24, 2019 April 24, 2019 0) Signs re Date Signature Date 0 Vice President I Sr. Area Manager ,,,, F... L. X. Title o � -n mac'. ..r M r- M -.< M LO CD CL CP �-, �r C7 d '< o w BOARD OF COUNTY COMMISSIONERS in Madok, Clerk OF MONROE COUNTY, FLORIDA 0. 06 By: by: 4z� w Deputy Clerk May6r/ hairman 0 Date: 5�zz/zoi 5 LU ONROE COUNTY ATTORNEY CHRISTINE LIMBERT-BARROWS Uj ASSISTANT COUNTY ATTORNEY I)ATE: 5.22.19—WSP KLIII Task Order- 6 Packet Pg. 1240 ATTACHMENT A le 0 0 2 N N LO 0 CL 2 0. a) 06 Packet Pg. 1241 ON -CALL ENGINEERING S Proposal 1 Proposal for Key largo III Roadway and Drainage E Improvement 76 Prepared for: 2 Monroe Counter W RFQ-145-0-2017 On-Call Professional Engineering Services LO Prepared by. 0. 06 April 2019 On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 1242 D.28.b CL TASK AUTHORIZATION NO. 1 Monroe County, Florida m Key Largo III-Roadway and Drainage Improvements Engineering Design and Construction Administration Services c This Authorization,when executed, shall be incorporated in and become part of the Agreement for On-Call Professional Services between the Monroe County (COUNTY), and WSP USA, Inc. 0) (CONSULTANT), dated January 17, 2018, hereafter referred to as the Agreement. Project Background 76 COUNTY has requested that CONSULTANT provide engineering design, permitting and > construction administration services for paving, drainage and associated improvements to COUNTY roadways located in Key Largo, Florida.As shown on Attachment A,attached,the roads included in this study are Antigua Road, E. Beach Road, Beach Road, Burton Drive, Canal Street, - Dove Creek Drive, Dove Lake Drive, First Street, Harry Harris Drive, Park Avenue, Planter Drive and 1 st Street. LO Scope of Work CL The following is a description of the services to be provided under this Task Authorization: • Evaluate the listed roads to determine the appropriate rehabilitation method (resurfacing, widening, reconstruction) • Design_ of appropriate rehabilitation method and associated drainage improvements, utilizing sea level rise elevations criteria • Coordination with FDOT for the improvements project at the intersection of US] and Burton °3 Drive for bike lanes on each side. On the south side, the existing bike lane and lane crossover shall.be removed, and on the north side, the existing bike lane shall extend to meet the Overseas Heritage Trail at the intersection with US1. 06 • Preparation of contract documents and technical specifications in coordination with standard County specifications and bid requirements • Apply for Permits from the South Florida Water Management District • Provide support during construction in responding to contractor needs and inquiries c • Assistance with project close-out c Key staff from WSP took the time to visit the project roads to familiarize themselves and take note of deficiencies. The list of the roads proposed for improvements was based on the Pavement Condition Index report provided by the County and recommendations by WSP staff based on initial observations. LU LU TASK 1.0- DATA COLLECTION & PRELIMINARY DESIGN EVALUATION Subtask 1.1 Data Collection and Field Investigation Upon Notice-to-Proceed (NTP) CONSULTANT will perform a site reconnaissance to familiarize itself with existing conditions. WSP will request and Design Ticket from Sunshine 811 and coordinate with On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 1243 D.28.b CL utility agency owners to obtain records of existing utilities and information related to proposed/future utility improvements within the project limits. Upon NTP and concurrently with these activities, WSP's subconsultants will perform surveying, geotechnical engineering and materials testing, and traffic counts for the project. The CONSULTANT will review documents provided by the COUNTY, such as Geographic Information Systems (GIS) data and Pavement Assessment Reports. The CONSULTANT's roadway designer will perform a field investigation with County Public Works (roads and utility) staff on the same day as the kick-off meeting (Task 5.1) to gather data and identify potential problem areas that will require additional pavement cores to be performed by the geotechnical consultant and to locate utilities in the roadway.The CONSULTANT will take notes and photographs during the field investigation to document observations, discussions, and recommendations. The CONSULTANT'S drainage designer will also attend the field investigation to assess existing 76 drainage patterns and identify potential locations for exfiltration trenches. 2 The following deliverables are anticipated for this task: W • One (1) PDF and one (1) hard copy of topographic survey • One (1) PDF and one (1) hard copy of geotechnical report LO Subtask 1.2 Roadway Pavement Analysis The CONSULTANT will evaluate the data obtained to determine the appropriate method of rehabilitation for the listed roads included in this study and as shown on Attachment A. 0) Rehabilitation methods include milling and resurfacing of streets in good condition or reconstruction of streets showing evidence of pavement failure or significant flooding. The CONSULTANT will recommend a rehabilitation method for each street or logical segments of each 0. street for review and approval by the COUNTY. For purposes of this scope of services,it is assumed E that thirty-nine (39) road segments, as indicated in Exhibit A,will be improved: • Fifteen (15) road segments will be resurfaced • Twenty-four (24) road segments will require reconstruction 06 Subtask 1.3 Drainage Analysis The CONSULTANT will prepare a conceptual drainage plan outlining the potential locations of c exfiltration trench locations.The plan will be based on drainage needs determined during the field review and evaluation of the drainage patterns from the obtained ground survey for the project. c TASK 2.0- DESIGN AND PLANS PRODUCTION Subtask 2.1 Roadway Design ' The CONSULTANT will design the following roadway elements in accordance with governing standards (AASHTO - 2011 A Policy on Geometric Design of Highways and Streets and/or 2011 LU FDOT Greenbook - Florida Manual of Uniform Minimum Standards Design, Construction and Maintenance for Streets and Highways), as practical: • Milling and resurfacing of roads in fair and/or good condition. • Reconstruction of roads with evidence of structural failure. On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 1244 D.28.b CL Subtask 2.2 Drainage Design The drainage design tasks will include the following elements: • Exfiltration trenches will be provided throughout the project as needed to facilitate positive drainage in areas of significant ponding within the roadway and/or right-of-way. The existing ponding observed during the field review and/or documented by photographs provided by Monroe County will be addressed with exfiltration trenches. The exfiltration trenches will be detailed in the plans. CONSULTANT will determine the horizontal extent of underground utilities °1 including water and sewer at the proposed exfiltration trench locations. CONSULTANT will locate c the proposed exfiltration trenches to minimize utility impacts. CONSULTANT will provide design details for utility relocations as required. The vertical extent of the underground utilities will not be obtained for this project. • A detailed drainage approach with the locations of the proposed drainage improvements will be included in the Conceptual Design submittal. The final proposed drainage improvements will be included in the construction plans. 76 Subtask 2.3 Preparation of Contract Documents The CONSULTANT will prepare Construction Documents, including final plans and technical specifications.The plans willLO include the following major elements: • Key Sheet (1) • General Notes (1) • Special Details (1) • Typical Section Sheets (1) • Project Layout (2) E • Roadway Improvement Plan Sheets (50) • Temporary Traffic Control Plans (1) • Cross Sections for Reconstruction and/or Widening (20) • Stormwater Pollution Prevention Plan (1) m • Miscellaneous Design Standards/Temporary Erosion Control Details (1) In addition, the following deliverables are anticipated for this task: 06 • Two (2) copies of conceptual design sketch and project approach/criteria memorandum • Two (2) copies of 90% Construction Documents (plans and technical specifications) • Cost estimates at 90%and 100% c • One (1) electronic copy of 100% Construction Documents (plans and technical specifications) with Draft Environmental Resource Permit (ERP) application package c • One .(1) electronic copy of SFWMD ERP Application and Permit • Two (2) signed and sealed sets of 100% Construction Documents (plans and technical specifications) for the County's files • One (1) PDF of project schedule Upon approval of the 90%Design Plans from COUNTY, CONSULTANT will prepare and submit plans and supporting documentation to the permitting agencies for review. Once approval of plans LU from the permitting agencies is obtained, WSP will prepare and submit Bid Documents to the City. TASK 3.0 - ENVIRONMENTAL RESOURCE PERMITTING The CONSULTANT will schedule and conduct a pre-application meeting with SFWMD to determine the permitting requirements for the project. It is anticipated that water quality treatment will not On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 1245 CL be required for the mill and resurface and reconstruction improvements.CONSULTANT will prepare and submit an Environmental Resource Permit application for the proposed roadway drainage improvements. The application will not include recommendations for mitigation or other information for potential impacts to protected plants and/or species. Additionally, permitting with other agencies other than SFWMD, such as the Army Corps of le Engineers, Florida Department of Protection and National Marine Fisheries is not included. TASK 4.0 - GENERAL BIDDING SERVICES AND ENGINEERING SERVICES DURING CONSTRUCTION Subtask 4.1 Bidding Services CONSULTANT will respond,review and prepare responses to bidder questions,and provide support to issue addenda. 76 Subtask 4.2 Shop Drawing Review The CONSULTANT will review shop drawings that the contractor is required to submit. cv Subtask 4.3 RFI Responses LO The CONSULTANT will review requests for information (RFI) submitted by the Contractor and provide responses. CL Subtask 4.4 Plan Revisions and Record Drawings The CONSULTANT will prepare and submit plan revisions to address minor design changes, as a result of unforeseen field conditions or approved Contractor recommendations. At the project 0. close-out stage, CONSULTANT will provide in PDF and CAD formats,record drawings of the project E construction. TASK 5.0 - MEETINGS,.PROJECT MANAGEMENT AND QUALITY CONTROL Activities performed under this task consist of those general functions required to maintain the project on schedule,within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and the COUNTY's requirements. Specific activities included are identified below: Subtask 5.1 Project Kick-Off Meeting • CONSULTANT will prepare for and conduct a kick-off meeting for the project with County staff to review the scope of services, schedule and budget, and discuss initial design LU issues/preferences and gather any additional available data. (2 person x 8 hr.=l 6hr.) • 2 (two) design coordination/review meetings with County Staff (2 person x 2 hr.=4hr.) • 2 (two) design coordination meetings with FDOT (1 person x 4 hr. =4hr.) LU LU The CONSULTANT will prepare and distribute draft and final meeting minutes to all attendees. Subtask 5.2 Project Management On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 1246 CL The CONSULTANT will perform overall project management for this project. This task will consist of project control activities inclusive of contract maintenance and administration, subconsultant coordination, and document control as follows: • Complete setup and maintenance of project contract, subconsultant agreements and files • Prepare monthly progress reports and invoices • Prepare and update project schedule • Supervision and inter-disciplinary coordination Subtask 5.3 Project Quality Control(QC)Technical Review CONSULTANT maintains a QC program on all of its projects. Quality Assurance/Quality Control (QA/QC) meetings are budgeted for and will be performed before submitting the deliverables. ASSUMPTIONS c 2 The above described engineering services have been based upon the following assumptions: • The COUNTY will make the existing information available to the CONSULTANT in a timely fashion • The COUNTY will utilize its boilerplate front-end contract documents for bidding. If the CONSULTANT believes that significant changes or supplemental conditions are required to LO the COUNTY's front-ends, the CONSULTANT will discuss the recommendations with the County and provide a separate proposal for an amendment for additional scope and compensation CL • The COUNTY will provide review comments within two weeks of delivery of submittals requested to be reviewed • The COUNTY will be available for key meetings within two weeks of the requested date 0) • Construction inspection/RPR services are not included in this scope of work • CONSULTANT services for SFWMD and Contractor requests) for information are generally 0. limited to those items covered within the scope of services provided here-in. Additional items, such as stormwater treatment facilities (ponds) and storm sewer design are not °3 included within this scope of services and will require an addendum to this contract • The vertical extent of underground utilities will not be obtained for this project • The SFWMD ERP application will not include information related to wetlands and/or 06 threatened and endangered species. Additionally, permitting with other agencies other than SFWMD, such as the Army Corps of Engineers, Florida Department of Protection and National Marine Fisheries is not included.These services if determined to be required during the course of this project will require additional scope and budget c • COUNTY will pay all permit application fee • LiDAR information will be provided by the County to analyze the vertical data on the roads. c DELIVERABLES CONSULTANT will provide the following deliverables to COUNTY: LU LU • Meeting minutes to all attendees (e-mailed in PDF format) • Conceptual design sketch to be included on 11 x17 sheets with aerial background. The design sketch will include proposed limits of reconstruction, milling &resurfacing,as well as LU the proposed exfiltration trench locations • Electronic delivery of the 90%design documents including, opinion of probable cost, draft specifications, and 90% plans • Three (3) hard copies (signed and sealed) and one (1) electronic copy of the 100%design package to include the updated 100%cost estimate On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 1247 • ;D.28.b CL • Shop drawing review transmittals and responses • Responses to RFIs (e-mailed in PDF format) • CONSULTANT project documentation for close-out • Monthly status reports (e-mailed in PDF format) TIME OF COMPLETION/SCHEDULE CONSULTANT shall commence work within seven (7) calendar days after issuance of a written c 0 notice-to- proceed from the COUNTY and the kick-off meeting will be scheduled within seven (7) calendar days of notice to proceed. A project schedule will be submitted to the COUNTY at the kick-off meeting.The total time allowed for completing the CONSULTANT's design services required under this Task Assignment is anticipated to be 9 months. Procurement is not under CONSULTANT'S control but is expected to last 4 months from advertisement to Notice of Award. Construction services are expected to be completed in 18 months from the Contractor's notice to proceed date. COMPENSATION AND PAYMENT For the Basic Services performed under this Scope of Work, the COUNTY agrees to pay the CONSULTANT a not-to-exceed fee of $255,891.71 for the Tasks 1.0 through 5.0 listed below and subconsultant services, partial payments to be made on a monthly basis in proportion to the LO percentage of work completed. For invoice purposes, only the value of each task is as shown in Table 1, below. COUNTY agrees,to pay CONSULTANT the not-to-exceed fee of $10,200 for other direct costs.Subconsultants lump-sum fee is$90,003.00.The total value of this task authorization is CL $356,094.71 as shown on Table 1, below, and on the Project Fee Estimate on the following page. CONSULTANT will submit invoices on a monthly basis along With written monthly status reports. Table 1 Compensation 2 Task Description Value No. 1.0 DATA COLLECTION & PRELIMINARY DESIGN $28,868.52 EVALUATION (not-to-exceed) 2.0 DESIGN AND PLANS PRODUCTION (not-to- $155,446.65 exceed) 3.0 ENVIRONMENTAL RESOURCE PERMITTING (not- $11,556.32 to-exceed) 4.0 GENERAL BIDDING SERVICES AND $25,237.22 ENGINEERING SERVICES DURING CONSTRUCTION (not-to-exceed) 5.0 MEETINGS, PROJECT MANAGEMENT AND $34,783.00 QUALITY CONTROL (not-to-exceed) OTHER DIRECT COSTS-NOT-TO-EXCEED- $10,200.00 ca TOTAL NOT-TO-EXCEED VALUE $266,091.71 Subconsultants (Lump Sum)* $83,003.00 TOTAL • • • $349,094.71 On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 1248 D.28.b CL Exclusions The following tasks are not a part of this scope: m ❖ Signalization Design ❖ Environmental Engineering ❖ Permit Fees ❖ Boundary surveys c °1 ❖ Landscape Architecture Services ❖ Sea Level Rise Adaptation Analysis 2 cv cv LO CL CD 2 m LU LU LU ' I On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 1249 D.28.b TASK AUTHORIZATION No.1 MONROE COUNTY Key largo III Roadway and Drainage Improvement Attachment A-List of Road 0 0 g Of WSP From To Condition County's Recomme Comment Length Before Threshold ndation (FT) HARRY HARRIS DR NORTH END 77.64 No work RES 534 'DOVE CREEK DR BEACH RD 48.68 RC RES DR(4) 580 BEACH RD SOUTH END 78.71 No work RES 638 N E BEACH RD 1ST ST 32.87 RC RC 450 LO 1ST ST FIRSTST 15.85 RC RC (6) 335 FIRST ST PARK AVE 53.72 RES RC 838 � PLANTER DR BLUE HARBOR DR 27.09 RC RC 1200 BLUE HARBOR DR NORMANDY DR 62.92 RES RC (2) 80 NORMANDY DR BURGUNDY DR 30.94 RC RC 320 CL BURGUNDY DR BANYAN LN 27.09 RC RC 340 BANYAN LN BUTTONWOOD LN 31.9 RC RC 575 BUTTONWOOD LN SABLE PALM LN 86.2 No work RES 380 r Legend: 0)SABLE PALM LN OLD STATE RD 36.78 RC RC (1) 682 RC:Reconstruction > FIRSTST OCEAN DR 61.89 RES RES/RC DR 535 RES:Milling and Resurfacing DOVE LAKE DR ATLANTIC AVE 36.78 RC RC 270 No work:Road appear In good condition 0. ATLANTIC AVE PACIFIC AVE 48.68 RC RC DR 225 DR:Drainage management recommended PACIFIC AVE INDIAN AVE 35.8 RC RC 240 MT:Minimum traffic INDIAN AVE ARCTIC AVE 35.8 RC RC 245 (X):Image number in"KLIII pics.docx" ARCTICAVE CARIBBEAN AVE 43.69 RC RC 245 DOVE CREEK DR 15T ST 38.74 RC RC 650 Notes: M 1ST ST PARK AVE 48.68 RC RC 1025 It is assumed that the threshold for reconstruction Is PCI of 50 or less and for resurfacing 50<PCI<70. BEACH RD CANAL ST 58.81 RES RC 430 -WSP recommendation Is an opinion based on a 06 CANAL ST SILVER PALM AVE 41.7 RC RC 310 visual inspection and visit to the project site.It is SILVER PALM AVE THRINAX AVE 56.77 RES RES 257 not intended to be a final engineering decision. THRINAX AVE SABAL AVE 58.81 RES RES 265 SABALAVE PALMETTO AVE 58.81 RES RES 275 ru PALMETTO AVE PLANTER DR 53.72 1 RES RC (3) 250 PARK AVE INDIES RD 54.73 RES RES 477 INDIES RD HISPANOLA RD 56.77 RES RES 229 HISPANOLA RD CUBA RD 58.81 RES RES 250 CUBA RD ANTIGUA RD 57.79 RES RES 246 0 ANTIGUA RD TRINIDAD RD 55.75 RES RC 227 FIRSTST HARRY HARRIS DR 69.16 RES RES 110 HARRY HARRIS DR BEACH RD 56.77 RES RES 415 � BEACH RD DOVE LAKE DR 60.86 RES RC DR(5) 250 BURTON DR PLANTER DR 71.26 No work RES (7) BURTON DR 1ST ST 29.97RC RC DR 560 1ST ST EAST END 26.13 RC RC 215 OCEAN DR FIRSTST 54.73 RES RES MT 538 (J NORTH END PALMETTO AVE 61.89 RES RES MT 215 PALMETTO AVE PLANTER DR 60.86 RES RES MT 200 PLANTER DR BURTON DR 7337 No work RES lOD OCEAN DR FIRST ST 71.26 No work RES 750 BEACH RD DOVE LAKE DR I 68.11 RES RES 245 Subtotal 17201 U .xlsx 1 4/1/2019 Packet Pg. 1250 D.28.b CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/15/2019 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). L_ PRODUCER CONTACT NAME: AJG Service Team Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX y 250 Park Avenue,5th Floor •212-994-7100 A/c No:212-994-7047 New York NY 10177 ADDRESS: GGB.WSPUS.CERTREQUESTS AJG.COM INSURERS AFFORDING COVERAGE NAIC# INSURERA:Liberty Insurance Corporation 42404 INSURED WSPGLOB-01 WSP USA Inc. INSURER B:ZurichAmerican Insurance Company 16535 One Penn Plaza INSURER C New York, NY 10119 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:557101607 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. 0. INSR ADDL SUBR POLICY EFF POLICY EXP I. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y GLO983581906 4/1/2019 4/1/2020 EACH OCCURRENCE S 2,000,000 W DAMAGE TO RENTED CLAIMS-MADE �OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $5,000 to PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 X jE LOC PRODUCTS-COMP/OP AGG $2,000,000 POLICY❑ ' OTHER: $ CL A AUTOMOBILE LIABILITY Y AS7621094060039 4/1/2019 4/1/2020 COMBINED SINGLE LIMIT $2 000,000 ¢ Ea accident X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S E AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident S S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S a) DED RETENTIONSPER S A WORKERS COMPENSATION WA762D094060019(AOS) 4/1/2019 4/1/2020 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2.000,000 OFFICER/MEMBEREXCLUI N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 06 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 2,000,000 (B cu O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION. O RE:Project#-188899;Project Description-Monroe County on-Call Professional Engineering Services Contract. Monroe County is named as Additional Insured as respects G era] is ility and Auto Liability policies,pursuant to and subject to the policy's terms,definitions, conditions and exclusions. APPR, V BY 1 WAIVER CERTIFICATE HOLDER CANCELLATION CJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INIJU ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 1100 Simonton Street Key West FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1251 ACC)R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EL 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: AJG Service Team Arthur J.Gallagher Risk Management Services, Inc. PNE FAx 250 Park Avenue, 5th Floor A COH •212-981-2485 A/C No):212-994-7074 New York NY 10177 ADDRESS: GGB.WSPUS.CertRequests@ajg.com F® INSURERS AFFORDING COVERAGE NAIC# INSURER A:QBE Specialty Insurance Company 11515 r INSURED WSPGLOB-01 INSURER B: WSP USA Inc. One Penn Plaza INSURERC: New York, NY 10119 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:423594118 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS ' LTR INSD D POLICY NUMBER MMIDDIYYYY YY MMIDD/ YY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ W DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence S MED EXP(Any one person) S C44 to PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ PRO- POLICY PRO LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S 0) HIRED NON-OWNED PROPERTYntDAMAGE $ AUTOS ONLY AUTOS ONLY Per accide $ 0. UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S CV HCD DED RETENTION$ S WORKERS COMPENSATION YIN N S PER OTH- AND EMPLOYERS'LIABILITY TATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE F N/A E.L.EACH ACCIDENT $ OFFICER/MEMB ER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 06 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability QPL0022630 11/1/2018 10/31/2019 Per Claim/Aggregate $2,000,000 CLAIMS-MADE 0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION 0 RE:Project*-188899;Project Description-Monroe County on-Call Professional Engineering Services Contract B WT R Sl MQWA SW WAIVER HOLDER CANCELLATION CJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 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. 1252 D.28.c AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES m This Agree ent ("Agreement") made and entered into this � day of 20 by and between Monroe County, a political subdivision of the State of Flor a, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND .�. a foreign corporation of the State of New York, authorized to do business in the State of Florida, whose address is 7650 Corporate Center Drive, Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to as "CONSULTANT", or"CONTRACTOR". WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida; and WHEREAS, CONSULTANT has agreed to provide professional services for E 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. 0 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. < co Specific services will be performed pursuant to individual Task Orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. 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 CL to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: Packet Pg. 1253 FORM OF AGREEMENT ARTICLE 1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied. 1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents e® prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents. 1.4 The CONSULTANT assumes full responsibility to the extent allowed by law E with regards to its performance and those directly under its employ. 0 1.5 The CONSULTANT'S services shall be performed as expeditiously as is > consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations -- pertaining to, or regulating the provisions of such services, including those co co now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. LU 1.6 At all times and for all purposes under this Agreement the CONSULTANT is ' an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. 2- Packet Pg. 1254 ARTICLE II 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. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre- c paid, to the appropriate party by certified mail, return receipt requested, to the following: For the County: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. < Monroe County Administrator co 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Ronald M. Colas, PE, SI WSP USA Vice President—Sr. Area Manager , 7650 Corporate Center Drive, Suite 300 Miami, Florida 33126 ARTICLE III CL ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3- Packet Pg. 1255 D.28.c 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, andCL 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. y 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall E render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.6 The COUNTY's review of any documents prepared by the CONSULTANT or 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 co responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful 4- Packet Pg. 1256 D.28.c conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 6.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies 0 or ambiguity in the plans and specifications provided by the CONSULTANT y 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. 6.4 The extent of liability is in no way limited to, reduced or lessened by the E insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL co 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 Ronald M. Colas, PE, SI Principal In Charge Mauricio Paredes, PE Project Manager Andres Cardona, PE Deputy Project Manager Rodrigo Pigna, PE QA/QC Senior Engineer Eduardo Rodriguez, PE QA/QC Sr Inspector QA/CtC Technical Advisors Joseph Todd Mitchell, PE Senior Engineer Dale Helms, PE Senior Engineer Ricardo Diaz, PE Senior Engineer Roadway Design Cecilia Villoria, PE Senior Engineer/Task Leader 5- Packet Pg. 1257 D.28.c David Hubbard, PE Senior Engineer Jose Otero, PE Senior Engineer Yamila Hernandez, PE Senior Engineer Carlos Benavides, PE Project Engineer Dayami Cruz, El Project Engineer Hansel Ayala Project Engineer Odalys Miguel Senior CADD Technician Si ,alization Design Amanda Kreiling, PE, PTOE Senior Engineer/Task Leader Bharathi Chigurupati, El Project Engineer Bridge Design Roger Khouri, PE Senior Engineer Gino Ageno, El Project Engineer Deepak Sivasamy, El Project Engineer Llghting Design Mark VanDeRee, PE Senior Engineer/Task Leader Grace Patino, El Project Engineer Bert Crouthamel Project Engineer Construction Engineering & Inspection Pomsit Chakkaphak, PE Senior Inspector/Task Leader Keith Duke Senior Inspector Traffic Studies Charles Hart, PE, PTOE Senior Engineer/Task Leader Somaye Fakharian QOM, PhD Project Engineer Transportation Planning Studies John Lafferty Senior Planner Thomas Rodrigues, AICP Planner Shriram Ramaratnam Planner Drainage Design Sarah Amritt, PE Senior Engineer/Task Leader Jacob McClish, PE Project Engineer Permitting Werner Reinefeld, PE Senior Engineer Alan Sterental Project Engineer Sea Level Rise Engineering Services Mike Flood,AICP Senior Planner/Task Leader Jerald Ramsden, PhD, PE Senior Engineer co Building Structures Engineering Esteban Anzola, PE Senior Engineer r" Building Inspection &Assessment Glen White Contamination AssessmenVRemediation Curtis Dokken, PE Kevin Cunniff Ecological Engineering Dylan Larson, CEP,PWS William Mohler Environmental Permitting, Monitoring and Compliance Audrey Siu Rob Stewart Subsurface Utility Engineering/Land Surveying Marty Rossi, PSM Senior Surveyor/Task Leader Karen Lynch Project Surveyor Geotechnical Services/Material Testing Hugo Soto, PE Senior Engineer/Task Leader Rutu Nulkar, PE Project Engineer Civil/Site Design Andy Greenwood, PE Senior Engineer 6- Packet Pg. 1258 D.28.c Eduardo Guinard, PE Senior Engineer Roberto Socorro, El Project Engineer Cecilia Martensson Project Engineer Mechanical Electrical and Plurnbin Fire Protection Jonathan Quintero, El Project Engineer Raisa Garrido Project Engineer =_ Tony Gazzia Project Engineer Landscape Architecture Michael Kroll, FASLA Senior Architect Public Involvement Sandra Walters Urant/Fundinn Assistance Sean Libberton Thomas Rodrigues, AICP GIS/LIDAR Isabella Remolina Ted Covill, CP,PPS m So long as the individuals named above remain actively employed or retained by the le CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change i immediately. o 0 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 0 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. co 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S 7- Packet Pg. 1259 D.28.c 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 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: c a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; and b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; and c. Postage and handling of reports. 7.4 BUDGET y 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. E 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and.its duration. ARTICLE VIIIco INSURANCE , , 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or , suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. CL 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: 8- Packet Pg. 1260 D.28.c A. Workers' Compensation insurance as required by the State of Florida, sufficient 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. c C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, y including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000.00) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48) months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per .� occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If co 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. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as 9- Packet Pg. 1261 D.28.c an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS CL Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS y The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board c 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 theco immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATIONCL 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. 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. t 0- Packet Pg. 1262 D.28.c 9.6 CONTRACT DOCUMENTS This Agreement consists of the Request for Proposals, any addenda, the .N Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this ®_ Agreement, and attachments A, B, and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the e® 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 Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in c debarment from COUNTY's competitive procurement activities. 0 In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has �-- committed an act defined by Section 287.133, Florida Statutes, as a "public co co entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any LU 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 CL CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this Agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and tt- Packet Pg. 1263 D.28.c 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 not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative CL 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 y court of Monroe County. 0 9.10 SEVERABILITY If any term, covenant, condition, or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken co provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non CL - prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 12- Packet Pg. 1264 D.28.c 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID c CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right y to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. The CONSULTANT c and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 9.16 COOPERATION 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 co provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of CL any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC 13- Packet Pg. 1265 D.28.c s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and _ Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of CL disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST °® c CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 0 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, co 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. ca 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 14- Packet Pg. 1266 D28.c 9.21 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the CL terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions of this contract, the Contractor is required to: c (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. W (4) Upon completion of the contract, transfer, at no cost, to the County CO 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 ca 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 CL systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 15- Packet Pg. 1267 D.28.c 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 Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 0 BRADLEY-BRIANiONR+OECOUNT -FL.GOV MONROE COUNTY A'TTORNE'Y'S OFFICE 1111 12TH 0 Street SUITE 408 BEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance c coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. co 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the l6- Packet Pg. 1268 D.28.c 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. m 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION le CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics c Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY co No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent orLu ca 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 CL 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. E 9.29 FEDERAL CONTRACT REQUIREMENTS. 17- Packet Pg. 1269 D.28.c The Consultant and its subconsultants must follow the provisions as set forth in Appendix I I to Part 200, as amended, including but not limited to: 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 program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all c 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 States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. In accordance with the Davis-Bacon Act, the CONTRACTOR or their W subcontractors shall pay workers employed directly upon the site of the work co 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,gi2o.gov/davisbacon/fi.htmi under Monroe County. 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in- excess of , $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or 18- Packet Pg. 1270 D.28.c articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. CL 9.29.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended, Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency y and the Regional Office of the Environmental Protection Agency (EPA). 0 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. co Each tier certifies to the tier above that it will not and has.not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of ca Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any , lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. Other Federal Requirements: 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. a 19- Packet Pg. 1271 D.28.c 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement: In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable 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 0. CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 The Consultant and sub cosultants shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract y and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. 9.31 The Appendices I, A and E of the FDOT Standard Professional Services Agreement are attached hereto as Attachment B and the Certification for Disclosure of Lobbying Activities on Federal Aid Contracts, the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts, and the Conflict of Interest/Confidentiality Certification are attached hereto as Attachment C and all made a part hereof. co s I TNESS WHEREOF, each party has caused this Agreement to be executed by authorized representative on the day and year first above written. r� BOARD OF COUNTY COMMISSIONERS ttest, KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairma Bate; > 1 i r MONROE COUNTY ATTORNEY'S OFFICE ti R�?UkQ AST F 20- 1' PATRICIA EAGLES ASSISTANT COUNTY ATTORNEY DATE t Z _ Packet Pg. 1272 D28.c del NB LTANT Attest: BY: y: _ a Title Is a " Title: END OF AGREEMENT c, CL 0 0 2 Co c, CL 21- Packet Pg. 1273 D.28.c ATTACHMENT A CONSULTANT RATES CL c m c 0 2 Co CL 22- Packet Pg. 1274 D.28.c 7650 Corporate Center Drive I Suite 300 uj Miami,Florida 33126 O Direct:305-514-3144 www.wsp.com December21,2017 Monroe County 102060 Overseas Hwy,Suite 229 Key Largo,FL 33037 Attn: Debra London Re: Monroe County On-Call Professional Engineering Services Contract CIL Dear Ms.London: Pursuant to your request,below are the firm's burdened labor rates proposed for the reference contract. Should you have any questions or need additional information,feel free to contact me. O JOB CLASSIFICATION BASIC HOURLY RATE Chief Engineer $308.93 Clerical $106.71 N Planner $136.74 O Principal in Charge $315.51 r Project Engineer $156.11 Project Manager $197.86 Senior Construction Manager $281.30 Senior Planner $217.55 Senior Project Engineer $212.03 Senior Project Manager $238.94 O (ts Senior Structural Engineer $316.15 Senior Traffic Engineer $172.72 Traffic Engineer $113.94 With kind regards, r , WSP USA r auricio Paredes,P.E. , Project Manager CIL U 23= Packet Pg. 1275 D.28.c ATTACHMENT B APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL Lm SERVICES AGREEMENT �+ m CL c m c 0 2 Co c, CL 24- Packet Pg. 1276 D28.c SJL ^ lM3ENC PRO(&Vvvl f1LLL- ID TL1NIS 375-130-84 For PROFESSIONAL SERVICES LONlKA{ S PROGRAM MANAGEMENT 64115 Page 1.13 C Rpll�r Ft3R FE6 Rat,A112 947fVM912 to ERN2lfi_l1: � The follovnng terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds. J A It is understood and agreed that all rights of the Local Agency relating to Inspection,revieve,approval, patents,copyrights.and audit of the work,tracing plans,specifications maps data,and cast records relating to this Agreement shall also be reserved and field by authorized representatives of the United States of America,. tJ 13 It is understood and agreed that,in order to permit federal participation,no supplemental agreement of any nature may be entered into by the parties hareto vtith regard to the stork to be performed hereunder without the approval of the U.S Department of Transportation,anything to the contrary In this Agreement nay Mthstartding. C Compliance%ith Regulations: The Consultant shall comply with the Regulations:relative to nondiscrim nation in Federaliyassisted programs of the U.S.Department of Transportations Tale 49,Code of Federal Regulations Past CL 21,as they may be aniended from tuna to time,(hereinafter referred to as the Regulations).which ale herein incorporated by reference and made a part of this Agreement. D, IWondiscnminallon The Consultant,with regard to the wtork performed during the contract,shall not discriminate on the basis of race.color,national origin,sex,age,disability,religion or family status in the selection and retention of subcontractors including procurements of material and leases of equipment. The Consultant shall not participate either diraody or indirectly in the discrimination prohibited by Section 21.5 of the regulations,including y employment practncas when the contract covers a program set forth in Appendix B of the Regulations. E. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations made by the Consultant.,either by competitive bidding or negotiation for work to be performed under a subcontract, ug including procurements of materials and leases of equipment,each potential subcontractor or supplier shall be notified by the Coristittantt of the Consultant's obligations under this contract and the Regulations relative to F® nondiscrimination on the basis of race.color,national origin.sex age,disability,religion or family status. F Information and Reports: The Consultant od[provide all information and reports required by the Regulations-or r directives issued pursuant thereto,and shell permit access to its hooks,records,accounts,oilier 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,andror Federal' Ptor Carrier Safety Administration to be pail vent to ascertain compliance with such Regulations,orders and instructions. Whem any information required of the Consultant is in the exciusive possession of another wino fails or refuses to furnish this information.the Consultant shall so certify to the local Agency.Florida Department of � Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration, andfor the Federal Motor Carrier Safety Administration as appropriate,and shall set forth°r hot efforts it has made to Main the information. 0 C Sanctions for Noncompliance: In the event of the Consullant"s naricompliance'Mlti the nondiscrimination provisions of this contract,the Local Agency shall impose such contract sanctions as it or the Florida Department � of Transportation,Federal Tran"Administration,Federal Aviation Administration andlor Federal Motor Carrier Safety Administration may determine to be appaopr"sate,including,but not limited to, 1. withholding of payrnerds to the Corisulfant under the contract until the Consultant complies andlor 2, canceflatigei termination or suspension of the omlract,in whole or 1n part. W N. incorporation or Provisions: The Consultant Trill include the provisions of Paragraph C through I in every � subcontract,including procurements of materials and leases of equipment unless exempt by the regulations order,. or Instructions issued pursuant thereto, The Consullant shall take such action rlh respect to any subcontract or r Procurement as the Local Agency.Florida Department of Transportation.Federal Highway Administration,Federal r Transit Administration,Federal Aviation Administration,andlor the Federal Motor Carrier Safety Administration may r dsract as a means of enforcing such provisions,including sanctions for noncompliance. In the event a,Consultant C beomes,1nvotved in,or is threatened oath,litigation vrith a subcoisultant or supplier as a result of such direction, the Consultant may request the local Agency to enter into such liliidation to protect the interests of the Local Agency,and,in addition,.the Consultant may request the United States to enter into such 1 ligallion to protect the interests of the United States. l Compliance%v th Nondiscrimination Statutes and Authorltiw Title VI'of the Civil Rights Act of 19 (42 U.S.0 2000d et serf. 78 slat.252),(prohibits discimination an the basis of race,cellar,national origin),and 49 CFR Part 21;The Uniform Relocation,Assistance and Real Property Acquisition Policies Act of 1970 (42 U S C.§4601).iprohibits unfair treatment CL 25- Packet Pg. 1277 D28.c > 375040-84 LO('A AGENCY }\OGL' k fEDE Al• AII) ERNIS PROGRAr�A�AGEMENT "it �'CFESSIONA . R tCESC()Nt ACT 66r15 Page 2 of 3 of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects'); N Federal-Aid Highway Act of 1973,(23 U.S.C,§3214 at seq.),!prohibits discrimination on the'basis of sex};Section 504 of the Rehabilitation Act of 1973,(29 U.5 C §794 at seq.),as amended (prohibits discriminalron on the basis of disability); sod 49 CFR Part 27; The Age Dew. iminatlnn Act.of 1975, as amended (42 U S.C. § 6101 at serf,), (prohibits discrimination on the trans of age},Airport and Airmay Improvement Act of 1992,(49 USC§47'I,Section 47123),as amended (prohibits discrimination based on race,creed,color..national origin,or sex),The Civil Rights Restoration Act of 1997,(PL 100-209),(Broadened the scope coverage and applicability of Title VI of the Civil Rights Act of 19U The Age Discrimination Act of 1975 and Section 604 of the Rehabilitation Act of 1973,by expanding the definition of the terms'programs or activities'to include all of the programs or activities of the Federal-aid recipients,sub-recipients and contractors,whether such programs or activities are Federally fronded or not);Titlas 1.1 and III of the Americans with � Disabilities Act,winch prohibit discrimination on the basis of disability in the operation of public entities public and private transportation systems,places of public accommodation,and certain testing entities(42 UZ,C.§§12131-- t219$t as < Implemented by Department of Transportation regulations at 49 C>F>R. parts 37 and 38; The Federal Aviation U) Administration's trlon•discrrmination statute(49 U.S.C. §47123)(prohibits discrimination on the basis of race,color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Jusbos in Minority CIL Populations and Low-income Populations v4iich ensures no"iscrimfnation against minority populations by discouraging programs,policies,and activities with disprcyaortronately high and adverse human health or environmental effects on minority and low-income populations:Executive Order 13166 Improving Access to Services for Persons with Umitad English Proficiency, and resulting agency guidance, national origin discrimination iincludes discrimination ¢ because of limited English profrcrency(LEP), To ensure compliance with True V1,you must take reasonable steps to assure that LEIS persona have meaningful access to your programs(74 Fad.Rog.at 74087 to 74109);Title IX of the Education Amendments of 1972,as amended, which prohibits you from discriminating 1s usa of sex on education � programs or activities(20 U S.C.1661 at seq). J. Interest of Members of Congress, No member of or delegate to the Congress of the united States reilR be admitted to any share of part of this contractor to any benefit arising theref€om. N K, tnt€rest of Public Officials. No member,officer.or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest,direct or indirect,in this contract or the proceeds thereof For purposes of this provision,public body shall include municipalities and other political subdivisions of Slates,and public corporations,boards,and commissions established under the lm,.s of any State, r L. Participation by Disadvantaged Business Enterprises. The Consultant shall agree to abide by the following statement from 49 CFR 26.131b), This statements shall be included in all subsequent agreements between the iy Consultant and any subconsultant or contractor, " The Consultant.sub recipient or subcontractor shall not discriminate on the basis of race,color,national origin,or sex In the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 In the award and administration of DOT-assisted contracts, Failure by the Consultant to marry out these requirements is a material breach of this contract,which may result ih termination of this contract or other such remedy as the recipient deems appropnata. M, it is mertually understood and agreed that the willful falsification,distortion or misrepresentation v rth respect to any facts related to the project(s)described in this Agreement is a violation of the Federal Craw.Accordingly,United States Code,Title 18,Section 1 f120,is hereby incorporated by reference and made a part of this Agreement N It is understood and agreed that 9 the Consultant at any time learns that the certification it provided the Local 0. Agency in comprlance+oath 49 CFR.Section 26.51,was erroneous when submitted or has become erroneous by 0. reason of changed circumstances,the Consultant shall provide immediate written notice to the Local Agency,It is further agreed that the clause titled Cerfilfcation Regarding Debament,Suspension,Inelr rbility and Voluntary Exclusion-Lower Tier Covered Transaction"as set forth In 49 CFR,Section 29,51Cr,skull toe included by the Consultant in all WAar tier covered transactions and in all aforementioned federal regulation. r O3 The Local Agency hereby certifies that neither the consultant not the consuftarifs representative has been risqufred � by the Local Agency,directly or indirectly as an express or implied condition in connection Frith obtaining or carrying out this contract,to 1. employ or retain,or agree to employ or retain,any firm or person,or 2. pay,or agree to pay,to any firm person,or organization„any fee contribution,donation,or consideration , of any kind; U The local Agency further acknowledges treat this agreement will be furbished to a federal agency,in connection wjih this contract involving participation of Fedaraf-Aid funds,and is subject to applicable State and Federal taros, CIL 26- Packet Pg. 1278 D.28.c LOCAL AGENCY 6f4O ld AIN3 FEDERAL-AID TERMS 375-04M Foi PROFFSSIf:RU SEMI ES CON T`RAC,Ys PROGRAM MArdAUE 04ENT 115 09t95 P.7,3.3 both criminal and civil: P. The Consultant hereby testifies that it has not: t. employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any finny or person(other than a bona fide amployee,. rking solely for the above contractor)to solicit or secure this contract; U 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 with carrying,out this contract;or 3. paid or agreed to pay,to any firm,Organization or person s',other than a bona fide employee working solely for CIL The above contractor)any fee contribution,donation,or consideration of any kind for,,or in connection iilh, procuring or carrying out the contract. The consultant further ackri pledges that this agreement.01 be furnished to the Local Agency,the State of ¢ Florida Department of Transportation and a federal agency in connection Mth this contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws,both c mJinat and civil. � 0 r 0 0 co LU LU CIL h r r tJ U U 27- Packet Pg. 1279 Revised 01/2015 APPENDICES A and E m 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: (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, WUSDOT') Title 49. Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.)Nondiscrimination.The Contractor, with regard to the work perforated during the contract, CL shall not discriminate on the basis of race, color,national origin, sex, age,disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations" including ernployment practices when the contract covers a program set forth in Appendix S of the Regulations, (3.)Solicitations for Subcontractors,including Procurements of Materials and Equipment; In all solicitations made by the Contractor. either by competitive bidding or negotiation for y worst to be performed under a subcontract, including procurements of materials or leases of equipment;each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations tinder this contract and the Regulations relative to nondiscrimination C on the basis of race,color,national origin,sex,age,disability,religion or family status. r (4.)Information and Reports: The Contractor shall provide all information and reports required iv by the Regulations or directives issued pursuant thereto,and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Admiinistration, 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 C another who fails or refuses to furnish this information the Contractor shall 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 Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the r nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration. and/or the Federal Motor Carrier Safety r Administration may determine to be appropriate,including,but not limited to: a withholding of payments to the Contractor under the contract until the Contractor complies,andlor , b, cancellation,termination or suspension of the contract,in whole or in part. (5.)Incorporation of Provisions:: The Contractor shall include the provisions of paragraphs(1) through (y) in 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 CL Florida Department of Transportation" the Federal Highway Administration, Federal Transit 1 28- Packet Pg. 1280 D.28.c Administration, Federal ,Aviation Administration. andlor the Federal Motor Carrier Safety .� Administration may direct as a means of enforcing such provisions including sanctions for CD noncompliance. in the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, tine Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation. and, in addition, tile Contractor may request the united States to enter into such litigation to protect the interests of the United States. (7.)Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat. 252),(prohibits discrimination on the basis of race, color, national origin);. and 49 CFR Part 21„ The Uniform Relocation ,Assistance and Real Property Acquisition Policies Act of 19701 (42 U.S.C.§4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid CL programs and projects), Federal-Aid Highway Act of 1971 (23 U.S.0 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation ,Act of 1973, (29 U S.C. § 794 et seq), as amended. (,prohibits discrimination on the basis of disability)„ and 49 CFR Part 27:The Age Discrimination Act of 1975,as amended.(42 U.S.C.§6101 et seq.), (prohibits discrimination on the basis of age),Airport and Airway Improvement Act of � 1982. (49 USC§471, Section,47`123). as amended, (prohibits discrimination based on race, creed, color, national origin,or sex),The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope. coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and :Section 504 of the Rehabilitation Act of 1971 by expanding the definition of the terms-programs or activities"to include all of the programs or activities of the Federal-aid recipients„ sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles 11 and III of the Americans with � Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.&C.ff 12131 -- 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38, The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race,color, national origin, and sear), Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which erasures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects � on minority and low-income populations; Executive Order 13166„ Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vt. you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 741 f1); Co r Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq), � U CL e� e� 2 29- Packet Pg. 1281 D.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 m 0 2 CO c, CL 30- Packet Pg. 2282 375-ON0-W PROCUREMEM 10101 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100(b)) The prospective participant certifies, by signing this certification,that to the best of his or her knowledge and belief: cJ (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress, an officer of employee of CL Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 0. The prospective participant also agrees by submitting his or her proposal that he or she shall r it that the language of this certification be included in all lower tier co c, sub ntrac which exceed $100,000 and that all such subrecipients shall certify and re di lose a rdtngl'y. o ultant: II-VIAc, y: Date: -bk "" Authorized Signature Title: CL 31- Packet Pg. 1283 D28.c STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376-63032 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROCUREMENT Iva INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) a) It is certified that neither the below identified firm nor its principals are presently suspei ed propo d for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal partme agency. Name of Consultant/Contractor. IA6Fd By: t3ate: — Title: Instructions for Cerlification CL Instructions for Certification-Lower Tier Participants. (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Pails 180 and 1200) a By signing and submitting this proposal,the prospective tower tier is providing the certification set out below. b The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered Into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal government,the department,or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. c.The prospective lower tsar participant shall provide immediate written notice to the person to which this proposal is submitted if 0 at any time the prospective lower tier participant learns that its certifgcatron was erroneous by reason of changed circumstances, r d.The terms'covered transaction,'#debarred,"'suspended,""ineligible,""participant,""person,'"principal,'and'voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract) 'Lower Tier Covered Transactions'refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). First Tier Participant refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered into a covered transaction with a.First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers), e.The prospective tower her participant agrees by submitting this proposal that should the proposed covered transaction be entered into,it shall not knowingly enter into any louver tier covered transaction with a person who is debarred,suspended, O declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. f,The prospective tower tier participant further agrees by submitting this proposal that it will include this clause tilled "Certification Regarding Debarment„Suspension.Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction'without 00 modification,to all lower tier covered transactions and in all solicitations for Power tier covered transactions exceeding the $25,000 threshold, t" r g participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered', r transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous A participant is responsible for ensuring that Its principals are not suspended,debarred.or otherwise ineliglble to participate in coverers transactions To verify the eligibility of its principals,as°evell as the eligibility of any tower tier prospective participants,each participant may.but Is not required to.check the Excluded Parties List Systein website (https:ll%%mw,epls.govd),swhgch is compiled by the General Services Administration. ' U h,Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause_The knowledge and information of participant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I.Except for transactions authorized under paragraph a of these instructions,if a participant in a covered transaction knowingly CL enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction.in addition to other remedies available to the Federal Government„the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. tv 32- Packet Pg. 1284 D.28.c STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 175-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCURrMENT arc-D31v 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 orris may have,and that 1 vnll recuse myself from any capacity of decision making approval,disapproval,or recommendation on any contract if I have a conflict of y interest or a potential conflict of interest, Can sutlants)Contractors are expected to safeguard their ability to make objective,lair,and impartial decisions when perforntrng work for the Department,and therefore may not accept benefits of any sort under ctrcuinstances 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 derision.Consultants performing work for the Department should avoid any conduct(,whether In the context of business,financial,or social relationships) which might undermine the public trust,whether or not ttrat conduct is unethical or lends itself to the appearance of ethical Impropriety. Ca I waft maintain the confidentiality of all Information not made public by the Florida Departrment of Transportation{"Depattrnenr)related'to the procurement of the above-roferenced('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 P oject,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 CL Include documents submitted by Proposers related to letters of responseAetters of interest,technical proposals,price proposals, financial proposals and Information shared during exempt meetings.I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates,I also agree not to discuss the Project v40i anyone who is a member of or acting on behalf of a Proposer, ¢ Unless so ordered by a court of competent jurisdiction or an Opinion of the Office of the Florida Attorney general twill not divulge any Procurement Information except to indlvlduals w ho have executed a Conflict of lnterestlConfidenhality Certification which has been � approved by the Department("Project Personnel") l understand that a fist of Project Personnel vAll be maintained by Department. if I am contacted by any member of the public or the nsedia with a request for Procurement tnformation,I will promptly froward'such request to the Deparlmenl's Procurement Office.I will also maintain security and control over all documents containing Procurement Information which are in my custody, le I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated,vrth the Project,and I recognize that doing so may be contrary to statutes,ordinances,and rules governing or applicable to the Depart rent or may otherwise be a violation of the law. t agree not to engage in bid tampering,pursuant to Section 838 Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for Ilse Department. I further realize that violation of the above mentioned statute wound be punishable in accordance wire#h Section 83U2,Florida Statutes., Advertisement NO.I Description Financial Project Number(s) Solicitation No Each undersigned individual agrees to thtsis nfiict't InterestrC dentiatity Certification.Prin ed Names Signa Date � «v 33- Packet Pg. 1285