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Item C04 � C.4 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys � � � ��]�j Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting June 17, 2020 Agenda Item Number: C.4 Agenda Item Summary #6632 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 the contract with CSA Central, Inc. for Design and Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) connection at Cudjoe Gardens project, in the maximum not to exceed amount of $32,495.00, to assess wetlands functions, values and permitting to meet the requirements of compensatory wetland mitigation programs required by the South Florida Water Management District (SFWMD) and the United States Army Corp of Engineers (USACE), to be funded by District 1 Transportation Impact fees. ITEM BACKGROUND: The Florida Department of Transportation (FDOT) Local Agency Program (LAP) agreement executed in 2018 is funding $70,500.00 for design and permitting and has programmed in the FY2022 work plan $284,936.00 for construction and $45,000.00 for construction engineering and inspection services. (FDOT does not fund change orders or amendments to design). During the permitting consultation phase, the South Florida Water Management District (SFWMD) advised CSA that the trail project will result in wetland impacts (approximately .28 acres) under their jurisdiction and therefore wetland mitigation is required to satisfy regulatory and permitting requirements. SFWMD Chapter 40E-400 F.A.C. requires an applicant for an environmental resource permit for the construction, alteration, operation, maintenance, removal and abandonment of a surface water management system, to provide mitigation proposals to offset the adverse impacts. Additionally, the U.S. Army Corp of Engineers (USACE) under the Clean Water Act Section 404 permit program relies on the use of compensatory mitigation to offset unavoidable damages to wetlands through the restoration or creation of wetlands. Mitigation for wetland impacts may take place on-site, off-site, in mitigation banks, or be funded by in-lieu fees. The amount of mitigation required is determined after a Florida Department of Environmental Protection Uniform Mitigation Assessment Method(UMAM) is performed. The consultant presented an Offsite Compensatory Mitigation Wetland Mitigation Bank plan, whereby the County will purchase credits through the Keys Restoration Fund (KRF) In-Lieu Mitigation Program to satisfy USACE requirements and the Florida Power and Light (FPL) Everglades Mitigation Bank (EMB) to satisfy SFWMD requirements. CSA will utilize subcontractor Packet Pg. 101 C.4 McFarland Johnson for the tasks outlined in Attachment A to this Amendment and the estimated cost of this option is $32,495.00. This cost does not include the amount that would be required to be paid into the mitigation banks which is determined after a Florida Department of Environmental Protection Uniform Mitigation Assessment Method (UMAM) is performed, however is it estimated to be 25% of a full credit which costs $218,700.00 for KRF or an estimated $54,675.00, and 25% of a full credit for FPL-EMB which costs $100,000.00 or an estimated $25,000.00. Upon completion of the UMAM, the exact amount of these additional impact fees required will be determined. PREVIOUS RELEVANT BOCC ACTION: May 22, 2019 — The BOCC approved a contract with CSA Central, Inc. for the Engineering Design and Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project in the amount of $85,488.00 and the contribution of District 1 Impact Fees in the amount of$14,988.00. March 21, 2019 — The BOCC approved contract negotiations with CSA Central, Inc. the highest ranked respondent to the Request for Qualifications for the Engineering Design and Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project. October 17, 2018 — The BOCC approved a Florida Department of Transportation (FDOT) Transportation Alternatives Program (TAP) grant agreement for Engineering Design and Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project in the grant amount of$70,500.00. May 17, 2017 — The BOCC approved by resolution a prioritization of the two (2) local applications for the 2017 Transportation Alternatives Program. The Rowell's Waterfront Park was ranked number 1 and the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens was ranked number 2. CONTRACT/AGREEMENT CHANGES: Add SFWMD/USACE Wetland Mitigation Scope STAFF RECOMMENDATION: Approval of Amendment 1 to contract with CSA Central, Inc. for Design and Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) connection at Cudjoe Gardens project. DOCUMENTATION: 6.17.20 CSA Amendment 1 w Attach clb edit-signed EXECUTED-5.22.19 CSA Engineering Design and Permitting FKOHT Trail connection_ CSA COI expires 7-21-20 District 1 Impact Form approved FINANCIAL IMPACT: Effective Date: June 17, 2020 Expiration Date: approval of design by FDOT (estimated September 2020) Packet Pg. 102 C.4 Total Dollar Value of Contract: CSA Amendment 1 ........................... $32,495.00. Total Cost to County: $32,495.00 Current Year Portion: $32,495.00 Budgeted: no Source of Funds: 125-22566-560630 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 (FDOT will not fund change orders) County Match: N/A Insurance Required: yes Additional Details: No additional funding from FDOT due to article 3.01 of LAP Agreement. After this Amendment 1 task is completed, the exact amount required of impact fees to fund USAGE Keys Restoration Fund (current estimated payment$54,675.00) and SFWMD FPL Everglades Mitigation Bank (current estimated payment $25,000.00)will be determined. REVIEWED BY: Judith Clarke Completed 06/01/2020 1:53 PM Christine Limbert Completed 06/01/2020 2:31 PM Purchasing Completed 06/01/2020 2:40 PM Budget and Finance Completed 06/01/2020 3:28 PM Maria Slavik Completed 06/01/2020 5:09 PM Kathy Peters Completed 06/02/2020 10:24 AM Board of County Commissioners Pending 06/17/2020 9:00 AM Packet Pg. 103 C.4.a AMENDMENT 1 TO CONTRACT FOR ENGINEERING DESIGN AND PERMITTING FOR THE FKOHT CONNECTION AT CUDJOE GARDENS PROJECT BETWEEN MONROE COUNTY AND CSA CENTRAL, INC. This Amendment to the Agreement is made and entered into this 17th day of June 2020 between Monroe County hereinafter referred to as the "County" and CSA Central, Inc. hereinafter referred to as the "Consultant". 2- 0 WHEREAS, the County and Consultant entered into an agreement for Engineering Design and Permitting Services for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project (FDOT LAP Agreement G1558, FM#441745-1, Federal ID: D618-084-b)dated May 22, 2019 ("Agreement"); and WHEREAS, during the permitting consultation phase of the project, the South Florida Water Management District (SFWMD) and U.S. Army Corp of Engineers (USACE) have determined that the project will result in wetland impacts under their jurisdiction and therefore a 0 compensatory wetland mitigation must be prepared to satisfy regulatory and permitting requirements; and WHEREAS, this wetland mitigation requirement was not contemplated in the original agreement and therefore an amendment is needed to add SFWMD Environmental Resource Permitting (ERP) requirements; 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, the parties agree to amend the contract as follows: > 0 1. Revise Article II-Scope of Basic Services, 2.1 Definition to add the additional scope of services for SFWMD Environmental Resource Permitting (ERP) requirements as set forth in detailed in ATTACHMENT A attached herein. 2. Revise Article 7.1.1 Compensation to add the following: v, Personnel Function or Hourly Rate Estimated Not To Exceed 0 Subconsultant Hours Total Salary Cost (supported by 0 timesheets) 0 Senior Project Engineer $155.00 22 $3,410.00 Senior Designer $90.00 17 $1,530.00 Designer $80.00 5 $400.00 CADD Technician $45.00 5 $225.00 Subconsultant: Lump Sum $26,930.00 McFarland Johnson Amendment 1 Total $32,495.00 This Amendment 1 is effective on the 17t' day of June 2020; and revises the total contract amount from $85,488.00 to $117,983.00. cv 3. Revised Paragraph 7.1.2 to add the following: The individual itemized task amounts are estimates and may be adjusted as needed, with prior County approval, as long as the Total Contract Amount of$117,983.00 is not exceeded. FKOHT Connection at Cudjoe Gardens Project —Amendment 1 CSA Central,Inc. June 17,2020 Page 1 of 2 Packet Pg. 104 C.4.a 4. All other terms and conditions of Agreement for Engineering Design and Permitting dated May 22, 2019, except as amended herein, remain in full force and effect. 0 Im IN WITNESS WHEREOF, each party caused the Amendment 1 to be executed by its duly authorized representative. 0 0 (Seal) Cons tant E Attest: C A Central, Inc. By: By: Roberto Leon 2 M � ttV�TUV. Vice President Title —� Title (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman L) cv Date. MONRO(EJCCOUNTY ATTORNEY r d�0 D lr�f 0&4 M?I, . CHRISTME LIMBERT•BARROWS ASSISTANT CO TY TTORNEY DATE 5 27 20 FKOHT Connection at Cudjoe Gardens Project —Amendment 1 CSA Central,Inc. June 17,2020 Page 2 Packet iPg. 105 C.4.a ATTACHMENT A 0 2- 0 0 0 2 u N Packet Pg. 106 C.4.a L CSAGROUP Proposed Scope of Services for the Additional Services Related to Wetland Mitigation and Environmental Permitting Support for the FKOHT Connection at Cudjoe Gardens Project, Monroe County(FPID) 441745-1-58-01 Due to recent permitting consultation, the SFWMD made a preliminary determination that the FKOHT Connection at Cudjoe Gardens Project will result in wetland impacts under their jurisdiction; therefore, a compensatory wetland mitigation must be prepared to satisfy regulatory and permitting requirements. CJ The additional scope of work related to the compensatory Wetland Mitigation and Environmental Permitting for the FKOHT Connection at Cudjoe Gardens Project consists of the following services: • The preparation of Wetland Mitigation Plan (WMP) 0 • Mitigation via credits from KRF-ILF Program (Federal)and Off-Site FPL-EMB (State) • USACE: KRF— ILF Program • SFWMD: FPL—EMB The cost for this mitigation plan, including permits below and coordination is$32,495.00(See attachment). • Wetland Mitigation and Environmental Permitting - South Florida Water management District o (SFWMD) • Wetland Mitigation and Environmental Resource Permit (ERP) Application - U.S. Army Corps & Engineers (USACE) • Section 404 Permit Application. The sections below describe in further detail the scope of services to be accomplished as part of this proposal. The attached fee estimate following the scope of services includes the associated effort for additional meetings, administration and coordination of the additional scope of work. Similarly, there is a detailed fee estimate attached for the Environmental work to be performed by MacFarland Johnson, Inc. Wetland Mitigation and Environmental Work: Keys Restoration Fund (KRF) In-Lieu Fee Mitigation (ILF) Program: consists of offsetting the wetland impacts by buying two (2) different type of mitigation credits: (1) KRB-ILF Program for the Section 404 (federal) permitting process and (2) FPL-EMB to comply with the state permitting process. 1. Field Work a. Field validation of the wetland line n! r. b. Perform a UMAM to determine the amount of mitigation needed at the KRF to offset adverse wetland impacts c. Perform a WATER to determine the amount of mitigation needed at the EMB to offset adverse wetland impacts 2. Coordination and Meetings Packet Pg. 107 C.4.a L CSAGROUP a. One (1) General coordination meeting with the Client b. One (1) UMAM validation meeting with USACE and KRF c. One (1) UMAM/WATER validation meeting with SFWMD/ FPL-EMB 3. Reporting a. Technical Memorandum presenting wetland boundary, including UMAM and WATER analysis Permitting b. Preparation of a Cumulative Wetland Analysis in accordance to ERP Section 10.2.8, 0 Applicant's Handbook Vol. 1 4. Permitting a. SFWMD ERP Application 1) Preparation and submittal of one (1) SFWMD ERP Application 2) Provide support in responding to a reasonable amount of Requests for Additional Information (RAIs) b. USACE—Section 404 Permit Application 1) Preparation and Submittal of USACE Pre-Construction Notification (PCN)to obtain approval under Section 404 of Clean Water Act(CWA) 2) Provide support in responding to a reasonable amount of RAIs 0 0 U cv Packet Pg. 108 � ' Johnson llll Pu�[ente8|�L �ud�2l8~KA�niGapdeu�FL33l68~��/�^�� l��y� Phone: 305�05-4871 /nn owl r/veso/u tic,oz/Jus/o/noble8esuAz wwvun0inc.com May ZU, ZUZU �e u- Mr. MatiasCre0o � � Project Manager CSA Central, Inc. � 8400 NVV41,t Street, Suite3US Dora|, FL33166 Ph.: 305.461.5484 | E: mcre o csa rou com � 0 RE: Scope of Work and Fees for Wetland Mitigation and Environmental Permitting Support | FKOHT Connection atCuoUmeGardens I Monroe County,FL | FOOTFinancia| Project ID:44l74S-l-S8-Ol Dear Mr.Cre0o: McFarland-Johnson, Inc. (M] or "the Conou|tant") is pleased to submit our revised scope of services and fees *- estimate addressing most recent comments from the South Florida Water management District (SFVVMD) via 76 ennai|s, and provide environmental permitting support to CSA Central, Inc. (CSA Group) ("the C|ient"), in connection to the above reference project proposed by Monroe County("the Owner"),and funded by the Florida Department ofTransportation (FDOT) under Local Agency Program (LAP). This proposal is based on information provided by Client, the Owner and most recent phone conversations and email communications with the U.S. Army Corps of Engineers (USACE)and the SFVVMD. On March 27, 2020,the USACE confirmed via email that the Keys Restoration Fund(KRF) In-Lieu Fee Mitigation(ILF) � Program is federally approved and a viable wetland mitigation option in relation to their Section 404 permitting � process applicable to the above reference project. On March Z7, ZUZU the SFVVMD provided clarification indicating � that the ILF is not accepted as a mitigation option for the state permitting process. On April 02, 2020,the SFWMD confirmed via email that the Florida Power and Light Everglades Mitigation Bank (FPL'EMB) is accepted by the zz state as viable option for off-site wetland mitigation and made reference to three(3)approved projects(170214-8, � 170627-4and 180910'5)in Monroe County that have gone tothe FPL'EMB. Additional clarification was sent by the �- USACE via email on April 03, ZUZU, indicating that the FPL'EMB is not federally approved mitigation bank for Monroe County. Therefore,two(Z)separate mitigation actions are needed in order to comply with the federal and state permitting process. Please note that coordination with the KRF-ILF and FPL-EMB has been initiated to confirm the availability of state and federal credits and their respective costs. Both,the KRF'|LF and the FPL'EMB,confirmed E credits are available with the following costs. * KRF'|LF: $Z1O,7UU per full credit � * FPL'EMB: $100,000 per full credit +~ � It is understand that the Project would only need a fraction of full credit based on the estimated project impacts tobe presented to the USACE and SFVVMD during the permitting process. /009�Employee-Owr/ed Company Packet Pg. 109 C 4.a Mr. Matias Crego (CSA Group) - 2 - May 20, 2020 Our scope of work and cost estimate presented herein addresses the following requested services: 0 • Preparation of a Wetland Mitigation Plan (WMP) o Mitigation via credits from KRF-ILF Program (Federal) and Off Site FPL-EMB (State) ■ USACE: KRF—ILF Program ■ SFWMD: FPL—EMB • Environmental Permitting Support o SFWMD: Environmental Resource Permit(ERP)Application CJ o USACE: Section 404 Permit Application Following is a description of the services included,assumptions and estimated cost for the services to be rendered. Please browse through this proposal and contact us to discuss any questions or comments you may have. 0 0 A. PROJECT DESCRIPTION The Florida Keys Heritage Trail (FKOHT) is a multi-use bicycle and pedestrian facility(shared use path)that features more than 90 linear miles and serves as a recreational and alternative transportation corridor for the Florida Keys. The trail runs parallel to U.S. Highway 1 (US-1), along the corridor from Key Largo to Key West, with the longest and continuous section of paved trail currently located in the Upper Keys, between MM 106 at Key Largo and through MM 72 at Islamorada,Village of Islands. o The Monroe County received a grant from the FDOT through a LAP Agreement to design and construct a missing section of the FKOHT between Cudjoe Gardens neighborhood and the existing FKOHT crosswalk(the Project). The 0. new asphalt trail segment is approximately 974 feet long, eight (8) feet wide and will consist of a shared use path �-- beginning at the existing mid-block crossing on the northbound side of SR5/US1 near MM 20.83 and continue north for 974 terminating near Drost Drive. f � n 4x13:;1CN vo-oa�' i, i ( �a F2r o�.,t g Fvtays i,, a rrzar ,f.�� Fxisr srrn � � _�� (. � ra a nor. '� � i +rc rs�mazr✓} p --F, ioI_5T af�N ® 5R91W57 pVEA5ES5 HIGHWAYB svevt7 � (A A'Z<q� 1 fiM• V A f OJtaS`iA5 156tb-0Q ✓ � 3J nE 3Jf S]A'ATJ `F 626r60 d6(35 fi9R 1$SUlr✓EY CPJ h CT'0[NIST f di G! f) Pd!- K F P 0 T 1 1 lSE OFTFfIJ R� cxlsr r+etarc aa�a'1 r1 {;� t�" tl'R4'A{{!J 'r{j tr i �trrV> _t{�S S�t1 t�i �� i'r 1 �rMIA r t t r 7 C' i u�ry t 1s i �r a r i � s a sxi}t�r i x 'i ekrsr,sex 's A° aa_oa r .l ��. 4 �2on H1 iH,n �3 _ oa k IAY,; i t" r s�srcr+ E Urlury Pori ADJUSTAIFNT sr nv ,w F i�; LAxtsr mu yaw �„ CV r U McFarland-Johnsen,Inc. 100%Employee-Owned Company Packet Pg. 110 C.4.a Mr. Matias Crego (CSA Group) - 3 - May 20, 2020 li T'f r W1�^,rp,`r� figs gren rrnit'c] INS ,n,b� ,�•,` 3p#3l3, 51463§I9Q Poi�51NVET W78�X MN,XQ55 q 1 E xd a, W srA �S+3a i, . I ,�ERlST EOF I4!✓➢.kP c q 31 ^�` `F a _ p 'Vi w A'i/PVCRSCIS 111G1114AY S- 7 3t 1 Ail Ur.37 53.E _ Fk.PiQ. �-� �ni}� 6,$ pC 4WY+1J 3 t 0 Nkl� ENi�EnR T _ y04�¢ IZST— _ D'S4AkC6 r,SC LATH� J o as �a zv(nre 35s A. a d !q J rt�' fi ` 5 R t;� T" 3C FA]N IA . Nu (ut1N' `t�31)t 1 t�1 V', Ai!£1 Q(H!!!lfiN!S�S dtttlltfS}{t ,,� a n was mnos '«1t t 3 vxegir 0343 rRri LL nn rlf,r i /� s sxlsr uw L11iE k APe 1 £ + ie Nl& —R l �� plt4 CQNSi ❑ i /r; roe row E l chr.d I A c>,aa ° o _, si UTHiTY M F A! UST FNT W STA 3r 35 1 1 m 24" A l 0, as 14SIOPI76 .F+ 0 This segment was originally approved for construction by the SFWMD under an ERP No.44-00323 and evaluated 0 under ERP Application No. 090612-7. However, it was never constructed and permit expired. As per 60%design plans and information provided by the Client, the Project runs immediately adjacent to SR-5/ US-1 (Overseas Highway) would result in approximately 0.28 acre of wetland impacts. Unavoidable and minimized wetland impacts will be associated to the placement of borrow material (fill) for the construction of the trail embankment, including,clear zone requirements,shared use path lateral offset and separation between shared use path and roadway requirements. Wetland impacts are expected to be mitigated at a ratio of 1:1 or equivalent to its functional value. The wetland area is currently encroached by residential development, county road and SR-5/US-1. Due to site constrains, in- situ/in-kind mitigation seems to be infeasible and alternate locations within Monroe County or other mitigation �-- alternatives must be explored and submitted to the agencies as part of the permitting process. The WMP must be developed in coordination with the Monroe County, SFWMD and the USACE, in order for the Project obtain their respective approvals. B. SCOPE OF SERVICES Due to recent permitting consultation by the Client,the SFWMD made a preliminary determination that the subject project will result in wetland impacts under their jurisdiction; therefore, a compensatory wetland mitigation must be prepared to satisfy regulatory and permitting requirements. Despite no permit application or detailed project information has been submitted to the USACE, similar determination is anticipated by the federal agency. Our scope of services is based on the following approach. • Mitigation via credits from KRF-ILF Program (Federal) and Off Site FPL-EMB (State): This consists of offsetting the wetland impacts by buying two (2) different type of mitigation credits: (1) KRB-ILF Program for the Section 404 (federal) permitting process and (2) FPL-EMB to comply with the state permitting U process. r®: o Mitigation via KRF—ILF Program: This consists of mitigating federal wetland impacts by buying available credits at a the KRF, by the Owner. As a federal mitigation option accepted by the USACE, this effort involves assessing the quality,function and value of the wetland area implementing the Uniform Mitigation Assessment Method (UMAM) and establishing the necessary compensatory McFarland-Johnsen,Inc. 100%Employee-Owned Company Packet Pg. 111 C.4.a Mr. Matias Crego (CSA Group) -4 - May 20, 2020 mitigation credits that Monroe County would need from the KRF to compensate for unavoidable impacts as the result of the Project. It is assumed that Monroe County would buy mitigation credit o in order to fulfill the Section 404 permitting requirement and obtain project approval by the USACE. Also, it is assumed that credits from the KRF would be considered as in-kind / on-site (Monroe County area) mitigation. o Off-Site FP&L EMB:This consists of mitigating state wetland impacts by buying available credits at a the EMB, by the Owner. As state mitigation option accepted by the SFWMD,this effort involves 2- assessing the quality, function and value of the wetland area implementing the UMAM and Wetland Assessment Technique for Environmental Review (WATER), and establishing the necessary compensatory mitigation credits that Monroe County would need from the EMB to compensate for unavoidable impacts as the result of the Project. This would be necessary in order to fulfill the state permitting requirements (separate from the USACE) and obtained approval by the SFWMD. Currently, mitigation banks within Monroe County service area are not available. Since the nearest mitigation bank(e.g.available credits)is outside the Monroe County service area, the SFWMD has indicated that a cumulative impact analysis (CIA) is required pursuant to Section U 0 10.2.8,Applicant's Handbook Vol. I. The CIA must be presented as part of the ERP application. Following is presented our anticipated scope of work for the wetland mitigation and permitting support. • Mitigation via ILF Program and Off Site Mitigation Bank 1. Field Work a. Field validation of the wetland line > 2 b. Perform a UMAM to determine the amount of mitigation needed at the KRF to offset adverse wetland impacts c. Perform a WATER to determine the amount of mitigation needed at the EMB to offset adverse wetland impacts 2. Coordination a. One (1) general coordination meeting with the Client and Keys Restoration Fund representative b. One (1) UMAM validation meeting with USACE and KRF c. One (1) UMAM/WATER validation meeting with SFWMD/FPL-EMB 3. Reporting a. Technical Memorandum presenting wetland boundary, including UMAM and WATER analysis b. Preparation of a Cumulative Wetland Analysis in accordance to ERP Section 10.2.8,Applicant's Handbook Vol. I U 4. Permitting cy r. a. SFWMD—ERP Application 1) Preparation and submittal of one(1) SFWMD ERP Application 2) Provide support in responding to Requests for Additional Information (RAI) McFarland-Johnsen,Inc. 100%Employee-Owned Company Packet Pg. 112 C.4.a Mr. Matias Crego (CSA Group) - 5 - May 20, 2020 b. USACE—Section 404 Permit Application 0 1) Preparation and Submittal of USACE Pre-Construction Notification (PCN) to obtain approval under Section 404 of Clean Water Act(CWA) 2) Provide support in responding RAI C. ASSUMPTIONS 2- • This proposal is based on the information available at this time. If the Client is aware of any specialized knowledge or experience that is material to environmental conditions in connection with the Project or the mitigation site(s), it is the Owner and Client's responsibility to bring it to the attention of the MJ team before the initial reconnaissance inspection of the mitigation site(s). 0 • The fees may have to be revised if the Project/Scope definition changes from the description presented in this document. 0 0 0 0 • The Client will be responsible to provide all available information required to prepare and complete the environmental compliance and permitting process as described in this proposal. • The Client will be responsible for a prompt review of any document submitted by MJ in relation with this proposal. Our schedule will be subject to the Notice-To-Proceed (NTP) and date that Client and the m Owner complete any required review. 0 76 • Any change and/ortechnical support,other than those presented in this proposal, may result in an increase of the cost included herein. Any work, studies (e.g., land survey, title search, topographic surveys, contamination screening, etc.), additional support and/or expenses that are not described in this proposal _ would not be performed without an agreement between the Client and Consultant and authorized via Change Order by the Owner. • Comments from regulatory review agencies that could require additional field work or major modifications to the plans resulting in unanticipated additional effort, would be considered as a additional technical support and is not covered in this proposal. 0 • The cost assumes one(1) round of revisions by the Client and one(1) round revision by the Owner. • The Consultant will not design or generate engineering drawings or engineering studies for any project components as part of the permitting support and the environmental permitting process. Engineering plans and permit sketches will be prepared, signed/sealed by the Client and provided to the Consultant. 0 • The Consultant cannot warrant that documents, records, or reports prepared by others not under the m direction of the Consultant that are used for the WMP and environmental permitting process are accurate or up to date. U CD • Agency(ies)filing, mitigation credits cost and/or processing fees for the permits'submittals are not included in this proposal and shall be paid by the Client or the Owner. 0 m 0 McFarland-Johnsen,Inc. 100%Employee-Owned Company Packet Pg. 113 C.4.a Mr. Matias Crego (CSA Group) - 6 - May 20, 2020 D. COMPENSATION FOR SCOPE OF SERVICES 0 Following is presented our estimated fees for the requested services. Please note that a retainer of 20%would be required prior to commencement of any environmental consulting services for Client, payable in advance. The retainer will be applied against future billings. Mitigation via ILF Program and Off Site Mitigation Bank, and FKOHT $26,200 2- Environmental Permitting Estimated Expenses $730 Total $26,930.00 Consultant would expect to start services promptly after receipt of Client's acceptance of this proposal and receipt of a copy of a resolution or NTP from the Owner authorizing the Client to retain services of MJ. Consultant will bill Client monthly and invoices shall be paid by the Client in accordance to Florida statutes, Florida Prompt Payment Act, FDOT Policies and Monroe County rules.Timing of invoices payment shall not exceed 30 days from the day the invoice is submitted to the Client, so that the orderly and continuous progress of the retained services can be maintained. We appreciate the opportunity to submit this scope of work and cost estimate and hope it meets with your approval. If there are any questions, please do not hesitate to contact David R. Rosa at 305-705-4871, drosa( miinc.com, or me at iwood2miinc.com. 0 76 Very truly yours, Jeffrey R.Wood Vice-President U cv r®: McFarland-Johnsen,Inc. 100%Employee-Owned Company Packet Pg. 114 GV�S COURTq c Kevin Madok, CPA ' ��b �' Clerk of the Circuit Court& Comptroller— Monroe Count Florida o otiR .... s. p Y, E cOVN q V q� V DATE: Mav 31, 2019 a� TO: Judith Clarke, PE, Director Engineering/Roads & Bridges E e( 0 Deb London, Project Manager ru Engineering Department ATTN: Nicole Twyinan, Executive Assistant �-- Engineering Department c FROM: Pamela G. Hancock, D.C. 0 SUBJECT: May 22'BOCC Meeting Attached is an electronic copy of Item C3, Contract with CSA Central, Inc. for Design and Permitting for the Florida Keys Overseas Heritage Trail connection at Cudjoe Gardens Project in 0 the total maximum not to exceed amount of$85,488.00. The engineering design is funded by a U- Florida Department of Transportation, Transportation Alternatives Program, Grant in the amount 9 of$70,500.00; and District 1 Transportation Impact Fees in the amount of$14,988.00,for your handling. a. Should you have any questions,please feel free to contact me at (305) 292-3550. Thank you. CJ cv cv LO CJ cc: Countv Attorney_ Finance File E 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. 115 AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING FKOHT CONNECTION AT CUDJOE GARDENS PROJECT This Agreement ("Agreement") made and entered into this 2 2HJ day of �a 20_ by and between Monroe County, a political subdivision of the State of Florid , 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 > 2 CSA Central, Inc., a foreign corporation of the State of Ohio, authorized to do business in the State of Florida, whose address is 8200 NW 41 Street, Suite 305, Doral, Florida 33166 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: a WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Engineering Design and Permitting Services for the Florida Keys Overseas Heritage Trail (FKOHT)Connection at Cudjoe Gardens project(FDOT LAP Agreement G1558, FM#441745-1, Federal ID: D618-084-b); and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to Engineering Design and Permitting Services for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project; and E NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements CL stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES Lu By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties LO hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under Lu which the Work is to be completed. Lu Packet Pg. 116 C.4.b 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 0 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with 76 professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 0 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the scope of services within 210 working days from Notice to Proceed by the COUNTY. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. cv 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES LO 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- Packet Pg. 117 C.4.b 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: For the County: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 2 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Mr. Roberto Leon, P.E. CSA Central, Inc. 8200 NW 41 Street Suite 305 Doral, Florida 33166 ARTICLE III ADDITIONAL SERVICES CL 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 a before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. FDOT will not fund additional services other than the scope as set forth in Basic Scope of Services. Any additional services must be funded and approved- by the Board of County Commissioners. LO ARTICLE IV aLu COUNTY'S RESPONSIBILITIES Lu 4.1 The COUNTY shall provide full information regarding requirements for the Project including Lu physical location of work, county maintained roads, maps. -3- Packet Pg. 118 C.4.b 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. 0 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. > 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 0 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 CL 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 7i intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is -for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and ca warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. LO 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 e® insurance,the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by LU LU -4- Packet Pg. 119 C.4.b virtue of any deficiencies or ambiguity in the plans and. specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. U 0 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 6.6 FDOT INDEMNIFICATION To the fullest extent permitted by law,the CONSULTANT shall indemnify and hold harmless c the Agency, the State of Florida, Department of Transportation, and its officers and > 0 employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONSULANT and persons employed or utilized by the CONSULTANT in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (COUNTY) Agency's sovereign immunity." ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel, as documented by their resumes, to perform any service concerning the project. a, ARTICLE VII COMPENSATION 7.1 COMPENSATION BASED ON HOURLY RATES AND DESIGN PHASES 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on specific hourly rates of compensation and work E completed for each of the design phases outlined in Attachment B. The Total Estimated Not to Exceed(unless otherwise specified)Amount of Eighty Five Thousand Four Hundred Eighty Eight Dollars and Zero Cents ($85,488.00) will apply to this Agreement. ca Personnel Function or Subconsultant Hourly Rate Estimated Not To Exceed Hours Total Salary Cost (supported by LO timesheets LU SeniorPro'ect Engineer $155.00 109 $16,895.00 Senior Designer $90.00 72 $6,480.00 Designer $80.00 252 $20,160.00 LU CADD Technician $45.00 1288 $12,960.00 LU Reimbursable $2,500.00 ex enses estimated -5- Packet Pg. 120 C.4.b Javier Bidot Associates $10,900.00 Survey (lump sum E HP Consultants $13,093.00 c Geotechnical (lump sum U 0 Laura Llerena $2,500.00 Landscape Architect (lump sum Maximum Not To Exceed Amount $85,488.00 7.2 PAYMENTS 0 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly based on specific rates of compensation. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. i (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 0 or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. W CL 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope LU of services; c, c. Postage and handling of reports; cv 7.4 BUDGET ' LU 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 LU (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted LU amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. -6- Packet Pg. 121 C.4.b 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. U 0 ARTICLE VIII 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 76 > CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service c of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. CL C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 property damage or$100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for 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, including Premises and/or- Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket U Contractual Liability Endorsement with $300,000 per person; $500,000 per occurrence; a) $200,000 property damage; or$500,000 Combined Single Limit. LO 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 1-- effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. -7- Packet Pg. 122 C.4.b E. Engineer's Errors and Omissions insurance of $300,000 per occurrence and $500,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a"tail"to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. 0 F. COUNTY and FDOT shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. 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 76 insurance for subconsultants. > 0 H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY and FDOT as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. 0 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 The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners , for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. -8- Packet Pg. 123 C.4.b 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 0 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other c party sixty (60) days written notice of its intention to do so. 2 C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide a CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT e® under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to - pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. CL D. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), .2 Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran n! Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, LO the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. -9- Packet Pg. 124 C.4.b E. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty(60)days' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the U completion to the COUNTY exceeds the funds remaining c cost of com p gin the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.6 CONTRACT DOCUMENTS c 0 This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and Attachments A, B, C and D 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. 0 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on CL 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 a this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. .c In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. cv cv CONSULTANT will promptly notify the COUNTY if it or any subcontractor or LO subconsultant is formally charged with an act defined as a"public entity crime"or has Lu Lu been placed on the convicted vendor list. Lu 9.8 MAINTENANCE OF RECORDS Lu CONSULTANT shall maintain all books, records, and documents directly pertinent to -10- Packet Pg. 125 performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the final payment or termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the final payment or termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 76 Right to Audit-Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy, as well as computer readable data if it can be made available; subcontract files (including P (' g proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as"Records")shall be open to inspection and °® subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with E employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 1611 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body.This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. LO 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 -11- Packet Pg. 126 C.4.b and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of- pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID E CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of funding that effect the Project will be provided to each party. a 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. LO 9.16 COOPERATION LU In the event any administrative or legal proceeding is instituted against either party relating LU 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 0) -12- Packet Pg. 127 C.4.b this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. U 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, > color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Z: Rights Act of 1968(42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990(42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender E identity or expression, familial status or age; 11) Any other nondiscrimination provisions in CL any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal a Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that T' applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, LO gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of ca compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. -13- Packet Pg. 128 C.4.b 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will E receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. U 0 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to c individuals who do not otherwise have access to such information, unless such > disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish -- information. i c 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising 0 the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants e® for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E 6) The CONSULTANT will furnish all information and reports required by Executive CL Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for N purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. ry LO 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall LU LU -14- Packet Pg. 129 C.4.b 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. U 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the E Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable CL access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT . Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: cv cv (1) Keep and maintain public records that would be required by the County to LO 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. -15- Packet Pg. 130 C.4.b (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any . duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. i (5)A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT . A CONSULTANT who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. E The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of CL any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT 'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 306-292-3470 BRADLEY- BRIAN(aD-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial ' liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be 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. -16- Packet Pg. 131 C.4.b 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 76 Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 0 9.26 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 p p p ty in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting.The original contract fee and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. cv 9.27 NO PERSONAL LIABILITY LO No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability -17- Packet Pg. 132 C.4.b by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS U 0 This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 DISADVANTAGED BUSINESS ENTERPRISE(DBE) POLICY AND OBLIGATION- It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the 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 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. For specific instructions, refer to FDOT form 275-030-11. 9.30 FEDERAL CONTRACT REQUIREMENTS The CONSULTANT and its subcontractors must follow the provisions as set forth in 2 Z: C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended including but not limited to: 9.30.1 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 CL 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 a Agreements," and any implementing regulations issued by the awarding agency. 9.30.2 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 Lu amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 9.30.3 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 government wide exclusions in the LO System for Award Management(SAM), in accordance with the OMB guidelines at 2 Lu 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 Lu contains the names of parties debarred, suspended, or otherwise excluded by agencies, as Lu -18- Packet Pg. 133 C.4.b well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 0 9.30.4 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award U exceeding $100,000 must file the required certification. Each tier certifies to the tier above c 0 that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. c 9.30.5 Americans with Disabilities Act of 1990, as amended (ADA)—The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government < issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. i c 9.30.6 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland — Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.30.7 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Sub award and Grant Agreement between COUNTY and the FDOT. 9.31 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. 0) CL a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment C. b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub-consultants will; comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - a' Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. LO cv d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. Such action shall include, but not be -19- Packet Pg. 134 C.4.b limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; 2 and selection for training, including apprenticeship. U e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub-consultants during the term of the contract. f). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency Program (LAP)Agreement between FDOT and Monroe County for this project. g). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29.10, Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will > utilize the FDOT Equal Opportunity Compliance (EOC) web based application designed to manage the DBE Program and ensure compliance of DBE reporting. The EOC Contractor/Consultant module is for Prime Contractors and Consultants to report their Bidder Opportunity List, DBE Commitments, and DBE Sub payments. The Prime Contractor/Consultant is responsible for DBE reporting on Construction, Maintenance, Professional Services and Local agency contracts. FDOT has a race neutral program with an 10.65% goal. For specific instructions, refer to FDOT form 275-030-11. h).The CONSULTANT will complete and submit the most current version of the following FDOT forms included in Attachment D: Form Number Form Name 375-030-30 Truth in Negotiation Certification 375-030-50 Conflict of Interest Certification 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Volunta Exclusion for Federal Aid Contracts 375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts 375-030-34 Standard Form-LLL, Disclosure of Lobbying Activities if required) 375-040-62 Bid Opportunity List ._ i). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT requirements utilizing the appropriate FDOT form after final acceptance as part of the project closeout process. j). Acquisition of tangible capital assets for COUNTY ownership through service contracts is normally not acceptable. The requirements of Rule 60A-1.017, F.A.C., must be considered when this is necessary. Property acquired as part of a service contract must be handled in accordance with FDOT Procedure No. 350-090-010, Tangible Personal Property Procedure. cv LO cv k). Allowable Costs: CONSULTANT shall refer to Code of Federal Regulations: 48 C.F.R. Part 31, Subpart 31.2- Contracts With Commercial Organizations for cost principles and LU LU definitions of allowable costs. LU c, LU -20- Packet Pg. 135 IN WITNESS WHEREOF, each party has caused this Agreement to be executed in two (2) counterparts by its duly authorized representative on the day and year first above written. 0 0 76 T6� _ BOARD OF COUNTY COMMISSIONERS evin Madok, Clerk OF MONROE COUNTY, FLORIDA i By By: Deputy Clerk Mayor/Ch rma Date: S�ZZ�Zn `) � MELISSA CHRISTINE EDER Notary Public-state of Florida MyCommComm�sExpiresion#s�Dec811,34 12022 (Seal) Bonded through National Notary Assn. CONSULTANT E Attest: CSA Centra c. %� e� BY: By: 5 Title: A Title: Vice President .. �rn Ch END OF AGREEMENT .C_ o MONROE COUNTY ATTORNEY r P 0 D AS FORM: cy u7 CIHURUIS INE LIMBERT-BARROWS ASSISTANTC NEY DATE: CJ -21- Packet Pg. 136 C.4.b ATTACHMENT A SCOPE OF BASIC SERVICES 0 u 0 0 2 i c 0 CL LU cv cv Lo LU LU LU -22- Packet Pg. 137 C.4.b SCOPE OF WORK The engineering design and permitting for the Florida Keys Overseas Heritage Trail (FKOHT) 0 connection at Cudjoe Gardens asphalt shared use path project will conform to the Florida c Department of Transportation (FDOT) design standards including: environmental assessment for minor improvements, topographical survey and elevation analysis,maintenance of traffic during construction, environmental controls, clearing/grubbing, removing existing concrete, excavation, embankment, base reconstruction and elevation, milling and resurfacing and installing asphalt, drainage structures, sidewalk ramps, detectable warnings, pavement markings, signage, sod and landscaping. 0 The Design for Construction shall include, but shall not necessarily be limited to, plans and 76 specifications for an asphalt shared use path connecting the FKHOT crosswalk(located at mile marker 20.7)to/from Drost Drive (located at mile marker 21), approximately 800 feet in length. The plans and specifications will describe all systems, elements, details, components, materials, < equipment, and other information necessary for construction. The Design for Construction shall be i accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. The following is the proposed schedule for the design project: Milestone Dates (approximate) County Commission Agenda to Approve Negotiations March 21, 2019 Contract Negotiations Complete (not to exceed 30 days) April 18, 2019 County Commission Agenda to Approve Agreement May 22, 2019 1.0 DESIGN DEVELOPMENT The Consultant will evaluate the site and incorporate appropriate stormwater management methodology for the path and configuration that is most cost effective. The design plans must satisfactorily address drainage impacts to swales and ditches, drop off treatments in areas of slope LM condition, potential encroachments and impacts to wetlands and identify logical termini. Upon completion of 60% design, which will include layout of the proposed path, the Consultant will submit plans to FDOT ERC for review, comment and response prior to proceeding. 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 a, latest versions of the following: cv LO —23— Packet'Pg. 138 C.4.b 1. Florida Department of Transportation Roadway Plans Preparation Manuals 2 http://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm 0 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/550030101.pdf 5. Florida Department of Transportation Drainage Manual http://www.dot.state.fl.us/rddesign/dr/files/2017DrainageManual.pdf 6. Manual of Uniform Traffic Control Devices (MUTCD) -- http://mutcd.fhwa.dot.gov/ i c 7. American Disabilities Act http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/625020015.pdf 8. Florida Department of Transportation Flexible Pavement Design Manual http://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtm 9. Florida Statutes http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1 &Tab=statutes&CFI D=14677574&CFTOKEN=80981948 2.2. Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 5 sets of Construction Documents that have been signed and sealed by the Engineer. The Consultant shall also provide an electronic version of the construction CL documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. 2.3 The Consultant shall assist the County in the preparation of the necessary bidding information a for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 2.4 The Consultant's construction documents (plans,specifications, etc)will conform to all codes Lu 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 n! necessary to coordinate specific permit requirements. The Consultant shall document all meetings LO and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack Lu Lu of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Lu Consultant to conform documents to federal, state, city, county, or agency specifications to allow Lu them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. -24- Packet Pg. 139 C.4.b 2.6 The County shall be responsible for the timely submittal of all permit application fees. 2.6 At the 60%, 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. 2.7 As needed,the Engineer will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Environmental Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 0 3.2 Specifications —specifications will conform to the most recent version of the Florida Department of Transportation Standards as defined in section 2.1 and will be developed as necessary with Technical Special Provisions. 3.3 Schedules—Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Construction Documents. E 4.0 CONSTRUCTION COST CL Contemporaneously with the submission of the Design, the Consultant shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials Lu and Equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Consultant and the sub- consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of LO the County. Lu Lu Lu -25- Packet Pg. 140 C.4.b 6.0 CONSTRUCTION PHASE 5.1 The Consultant shall review and approve or take other appropriate action upon Contractor's Shop Drawings submittals for prefabricated elements to be placed permanently in the structure but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating ,instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. c 5.2 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. 0 5.3 The Consultant must reimburse the County for any "added costs" paid by the County for additional construction costs that were incurred as a direct result of any error, omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by � the error,omission,deficiency, or conflict in the work project.The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the project or would have been incurred had no error, omission, or deficiency occurred, and addressed by a change order of already established unit 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 CL documentation or physical inspection of the site by the Consultant. 5.4 The Consultant shall furnish to the County, upon project completion, the following: • 2 sets of 11"X 17" signed and sealed Record Drawings • 2 sets of final documentation • 1 set of final as built CADD files on CD LU • 1 table of drainage structures with GPS coordinates The Consultant's Engineer of Record in responsible charge of the project's design shall professionally endorse (signed and sealed and certified)the record prints, the special LO provisions and all reference and support documents. LU 5.5 The Consultant will attend the pre-construction meeting and as needed, attend the periodic LU construction progress meetings (either in person or by phone). LU -26- Packet Pg. 141 C.4.b ATTACHMENT B DESIGN PHASE/HOURLY RATE COST PROPOSAL 0 0 0 2 i 2 CL E cv cv Lo -27- Packet Pg. 142 C.4.b �►�0�, CSAGROUP 0® S £ t . 1 9 s 5 0 Proposed Scope of Services for Engineering Design and Permitting Services for the Engineering Design and Permitting FKOHT Connection at Cudjoe Gardens Project Monroe County The project"Engineering Design and Permitting Services for the Engineering Design and Permitting of the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens Project" consists of the o 76 preparation of design and construction documents for the addition of a shared use path adjacent to the East of US-1, between Cudjoe Gardens neighborhood and the FKOHT existing crosswalk (located at mile marker 20.7) to/from Drost Drive (located at mile marker 21). The sections below describe in further < detail the scope of services to be accomplished as part of this project.The attached fee estimate (Exhibit A) includes the associated effort for Task 3 to Task 8 per FDOT standards.Similarly,there are detailed fee estimates attached for the geotechnical work to be performed by HP Consultants, Inc. as well as the surveying services to be performed by Javier E. Bidot&Associates, Corp. Project General Tasks (Task 3.0): The scope of this task includes preparation of all required exhibits and attendance to one public information meeting to be held for this project. This task also includes the completion of the project's specifications package as well as the Contract Maintenance and Project Documentation for the duration of the project and the Digital Delivery of contract documents to the FDOT and the County. In addition, scope includes attendance of the project manager up to 8 additional critical meetings such as: • 1 Typical Section Meeting CL • 1 Right of Way Meeting • 1 Drainage Meeting • 1 Utility Coordination Meeting • 4 Phase Review Meetings (30/60/90/100%) Roadway Analysis (Task 4.0): A Roadway Analysis is required for the design of the shared used path following Florida Department of Transportation (FDOT) requirements. This involves an "iterative" research and analysis of multiple issues affecting the project. These will be studied before recommendations for the various design elements are finalized. CSA will evaluate project path alignment alternatives and prepare a proposed ry LO typical section package to be submitted to FDOT for approval. The design effort includes developing shared used path alignment,profile and cross-sections every 50 feet,and temporary traffic control,all per FDOT requirements and standards. Based on available information, up to three(3) Design Variations are anticipated as part the design effort: 1. Separation from Roadway -28- Packet Pg. 143 C.4.b CSAGROUP E S T . 1 9 5 fi U 2. Minimum width c 3. Location where the proposed shared use path will not be able to maintain a minimum horizontal clearance of four(4)feet from exiting above ground infrastructure(e.g.,Power pole) m A design variation package will be prepared and submitted to Monroe County and FDOT for review and approval. The roadway analysis will also include the analysis and design of related signing and pavement marking c modifications,such as crosswalk and relocation of signs.In addition,this task includes the preparation of an Engineering Cost Estimate during the 60%,90%and 100%design phase submittal. Roadway Plans (Task 5.0): i This task includes the preparation of the construction drawings and specifications for the proposed shared c use path.This task is based on three(3) major submittals: • 60%Design • 90%Design c • 100%Design As part of this task, CSA will complete the required plans including Key Sheet, summary of pay items, F drainage maps,typical section sheets,general notes sheet,summary of drainage structures, plan sheets at scale 1:40, profile sheets at scales 1:40, miscellaneous detail sheets, drainage structure sheets, stormwater pollution prevention plan, temporary traffic control sheets, and the addition of the project network control information as provided by the surveyor. Drainage Analysis (Task 6.m. CL This task will include analysis and documentation of the project area and ensure that the proposed drainage system satisfies the requirements of the additional impervious area to be added bythe proposed shared use path water quantity p ( q y/water quality).As part of this task,the base clearance water elevations will be determined through the geotechnical results. A drainage system will be evaluated and designed. W We will also compile the design documentation and calculations into a drainage report to be submitted CD to Monroe County and FDOT for review. Utility Coordination (Task 7.0): Scope includes requesting and reviewing the existing applicable information from utility, companies within the project corridor that need to be included in the design drawings. These services also include coordinating with the utility companies of potential conflicts and impacts, cai cv Environmental Permits(Task 8. 0): uO An Existing Condition Report (ECR)will be prepared.The report will include a survey that identifies the LLJ distribution and quality of native habitats within the project limits and immediately adjacent. A delineation of the swale, Tree Survey and identification of potential wetland areas (KEYWEP) will be -29- Packet Pg. 144 C.4.b �►�O� Opp CSAGROUP E a 7 s 9 9 5 5 conducted as part of the ECR.Gathered field data will be used for the final design criteria and the shared 0 use path configuration. 0 Permit application will be prepared complying with codes and regulations of the federal government, county, state, municipalities, agencies and state departments. Permits applications will be accompanied with detailed field reconnaissance providing the necessary information to reflect existing conditions within the project site and to ensure avoidance and minimization of impacts over natural resources features that occur immediately adjacent. 76 • Monroe County Planning and Environmental Resources Department • South Florida Water Management District(SFWMD) Geotechnical Services: The Scope includes the development of a report of core borings and soil test sheet in CADD and a series of tests for all structures including retaining walls. Geotechnical Tests will be conducted in accordance with AASHTO (American Association of State Highway Officials), ASTM (American Society of Testing 0 Materials)standards and practices for the local work as appropriate. The Geotechnical Services includes: • 1 SPT borings per ASTM D-1586 to 20'deep • 2 SPT borings per ASTM D-1586 to 15' deep • Closing holes with grout/Approved method to safe proof the site • Site reconnaissance and Marking of borings • Utility location inspection through Sunshine 811 • Temporary Traffic Control • All Laboratory Work • Engineering Services for Report • LBR Test and Analysis • 1.Percolation Test and Analysis The field conditions will constrain the movement of the drilling rig.The rig may need to operate from the shoulder and grassy area outside of the travel lane.The proposed drilling work will require obtaining FDOT's MOT permit and its implementation per FDOT's Standard Design Index Series 600. cv Please refer to Exhibit B for detailed scope of services and fee estimate. n! LO CJ Lu -30- Packet Pg. 145 C.4.b 04 CSAGROUP Surveying Services: A detailed survey will be prepared within limits from STA 670+08.58(MM+-20.83 to STA 636+42.51 (MM +-20.98) extending from Centerline of pavement SR 5 South to Edge of Pavement 15t Street to cover design area (990 Linear Feet) to cover the entire trail segment and subject areas of project right-of-way (ROW)and County properties. Survey effort includes: • Route Survey within the limits of the above described site which includes; • The location of topographical improvements within the limits of the project will be obtained. These will include pavements and sidewalks, fences and walls abutting-right of way, trees to 76 include sizes and types, the location of water, sewer and drainage structures with the depiction of Rim and Grate for existing structures such as inlets and catch basins, as applicable. Pipe sizes, directions and inverts will be obtained on drainage structures within the project limits. Topographic information will be obtained sufficiently for the design purposes as specified.Cross sections will also be taken at 100-foot intervals along project from centerline of SR 5 south to Edge of Pavement 15,Street. Elevations will be taken sufficiently to include all change of grades as well 0 as and more condensed at areas of side street intersections if occur. • Utility Location and Identification—Existing utility depiction will be limited to visible markouts(by e� others, not in contract)for drainage, water distribution, power,gas, and sanitary systems within the subject site.Visible features of utilities will be located and shown in drawings. • Establish horizontal and vertical survey controls. CD • Establish.local existing right of way monuments to determine of physical location for the road alignments. CL • Survey drawings will be prepared in electronic format with deliverables both in hard copies and CADD format. • Survey will be in accordance with Standards of Practice set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17 Florida Administrative Code pursuant to Section 472.027 Florida Statutes. • Survey control will be referred to NAD83 (NA2011)and NAVD88, horizontal and vertical datums, respectively,unless otherwise directed prior to mobilization. It is assumed that field work will be completed within three(3)consecutive days,with a 2-man crew. U Please refer to Exhibit C for detailed scope of services and fee estimate. LO Lu CJ Lu -31- Packet Pg. 146 C.4.b �OpCSAGROUP Landscape Architecture Services: This effort would be incidental to the overall project design effort. Existing trees,their identities in English and botanical terms, trunk sizes (DBH) and approximate foliage areas will be identified in order to determine landscaping needs for the project. Trees four (4) inches or larger in trunk diameter will be considered, unless they are previously landscaped trees or specimen trees. Species that can reach reproductive maturity at less than four (4) inches in DBH will be recorded during the Tree Survey and m considered for landscaping requirements.This effort includes the preparation of: • Tree Survey Plan o 76 • Trees Disposition Table > 0 • Tree Planting Detail for New Trees • Tree Protection Details for Existing Trees To Remain �- 0 0 CL CN CJ cv LO CJ LU -32- Packet Pg. 147 C.4.b ATTACHMENT C FDOT FORM 375-040-84 APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT 0 0 2 i c CL E cv cv Lo c, -33- Packet Pg. 148 C.4.b LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 370 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT 7?117 U Page 1 of 3 TERMS FOR FEDERAL At CONTRACTS/APPENDIX It: r The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Local Agency relating to inspection,review,approval,patents, copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. All tracings,plans,specifications,maps,computer files and/or reports prepared or obtained under this Agreement,as well as all data collected;together with summaries and charts derived therefrom,will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on. M their use and will be made available,upon request,to the Agency at any during the performance of such > services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s),`the Agency will become the custodian thereof in accordance with Chapter 1-19,,Florida Statutes. The Consultant will not copyright any material and products or patent any developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time. C. It understood and agreed that,in order to- federal participation,no supplemental agreement of any nature �l may be entered into by the.parties.hereto with regard to the work to be performed hereunder without the approval of O the U.S.Department of Transportation,anything to the contrary in this Agreement notwithstanding. D. The consultant shall,provide access.by the Florida Department of Transportation(recipient),the Agency (subrecipient),the Federal Highway Administration,the U.S.Department of Transportation's Inspector General,the Comptroller General of the United States,or any of their duly authorized representatives to any documents. O papers,and records of the consultant which are directly.pertinent to that specific contract for the purpose of making audit,examination,excerpts,and transcriptions. sm E. Compliance with Regulations: The Consultant shall comply with the Regulations:relative to nondiscrimination in Federally-assisted programs of the:U.S.Department:of Transportation Title 49,Code of Federal Regulations,Part 21,as they may be°amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. F. Nondiscrimination: The Consultant,with regard to the work performed during the contract,shall not discriminate on the basis of race,color,national'origin;sex,age,disability,religion or family status in the selection and retention of subcontractors,including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,.including employment practices when the contract covers a program set forth in Appendix B of the Regulations. a. 0) CIL G. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations made by:the Consultant,either by competitive bidding or negotiation for to be performed under a subcontract,including procurements of materials and leases of equipment,each potential subcontractorI ors upplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race,color,national origin,sex,age,disability,religion or family status. H. Information and Reports: The Consultant will provide all information and reports required by the Regulations,or directives issued pursuant thereto,and shall permit access to its books.records,accounts,other sources of information,and its facilities as may determined by the Local Agency,Florida Department.of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or,Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations,:orders and instructions- Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information;the Consultant shall so certify to the Local Agency,Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation.Administration,and/or the federal Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to obtain the information. I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions U) of this contract,the Local Agency shall impose such contract sanctions as it o.r the Florida.Department of Transportation,Federal Transit Administration,Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not limited,to, r tV tV 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or ui 2. cancellation,termination or suspension of the contract,in whole or in part. J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations,order,or instructions Ca U -34- Packet Pg. 149 C.4.b LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-61g-84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT 12117 0 Page 2 of 9 O issued pursuant thereto. The Consultant shall take such action with respect to any subcontractor procurement as the r Local Agency,Florida Department of Transportation,Federal Highway Administration,.FederalTransit Administration, ¢ Federal Aviation Administration,and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions,including sanctions for noncompliance. In the event a Consultant becomes:involved in,or is threatened with,litigation with a subconsultant or.supplier as a result of such direction,the Consultant may request.the -E Local Agency to enter into such litigation to protect the interests of the Local Agency,and,in addition,the Consultant may request the United States to enter into such litigation to protect the interests of the United States. py K. Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq., 78 stat.252),(prohibits discrimination;on'the basis of race,color,national origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.§4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid.programs and.projects); Federal-Aid ru Highway Act of 1973,(23 U.S.C.§324 etseq.);(prohibits discrimination on the basis of sex);Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 etseq.),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 at seq.),(prohibits discrimination on'the basis of age); Airport and Airway Improvement Act of 1982,(49 USC§471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin„or sex);The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title Vl of the Civil Rights Act of 1964,The Age.Discrimination Act of 1.975 and Section 504 of I the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of.the programs or activities of the Federal-aid recipients,sub-recipients and contractors,whether such programs or activities are Federally funded or not);Titles II and III of the.Americans with Disabilities Act,which prohibit discrimination on the basis of,disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C.§§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 O of race,color,national origin,and sex);Executive Order 12898,Federal Actions to:Address Environmental Justice in Minority O Populations and Low-income Populations,which ensures non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately'high-and adverse human health or environmental effects on minority and low-income-populations;. Executive Order 13166, Improving Access:to Services for Persons with Limited English Proficiency,and resulting,agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title,VI,you must take reasonable steps to ensure that LEP.persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100);Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.1681 et'seq). L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. _ M. interest of Public Officials: No member;officer,or employee of the public body or of a:local public body during his tenure or for oneyear thereafter shall have any interest,director indirect,in this contract or proceeds thereof. For purposes of this provision,public body shall include municipalities and other political subdivisions of States;and public CL corporations,boards,and commissions established under the laws of any State.. m N. Participation,by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR26.13(b). This statement shall be included in all'subsequent agreements`between the Consultant and.any subconsultant or contractor. N 1. 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 Part26in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract,which may result in termination of this contract or other such remedy as the recipient deems appropriate. O. It mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any facts related to the project(s)described in this Agreement is a violation of the Federal Law.Accordingly,United States Code, Title 18,Section'1020,is hereby incorporated:by referenceand made a part of this Agreement. P. It is understood and agreed that if the Consultant at any learns that the certification it provided the Loral Agency in compliance with 49 CFR,Section:26.51;was erroneous when.submitted or has become erroneous by reason of U changed circumstances,the Consultant shall provide immediate written notice to the Local Agency.It is further a) agreed that the clause titled"Certification Regarding-Debarment,Suspension,.Ineligibility and Voluntary Exclusion- T- Lower Tier Covered Transaction"as set forth in 49 CFR,Section 29.510,shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency,directly or indirectly as an express or implied condition in connection with obtaining or carrying W out this contract;to U -35- Packet Pg. 150 . C.4.b 3�so-+o-ea LOCAL AGENCY PROGRAM FEDERAL-AID TERMS For PROFESSIONAL SERVICES CONTRACTS PROGRAM MA"aGEh1E"T ,ti„ c Page 3 of 3 U 0 1. employ or retain,or agree to employ or retain,any firm or person,or r 2. pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind; E The Local Agency further acknowledges that this-agreement will be furnished to a federal agency,in connection with this contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws, both criminal and civil. R. The Consultant hereby certifies that it has not: ru 1. employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee working solely for the above°contractor)to solicit or secure 0 this contract; 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 the above b veocontractor)an the contribution,donation,or consideration of any kind for,or in connection with,for 3. paid,or agree to pay,to any irm,organization or person(other than a bona fide employee working sole) contract procuringcarrying The consultant further acknowledges that this agreement will be furnished to the Local Agency,the State of 0 Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws,both criminal and civil. S. The Consultant shall utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment F® eligibility of all new employees hired by the Contractor during.the term of the Contract and shall.expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. E CL LU tJ t r N N u3 LU LU tJ LU U -36- Packet Pg. 151 C.4.b ATTACHMENT D FDOTFORMS u 0 0 i c 0 CL LU cv cv LO LU LU -37- Packet Pg. 152 C.4.b C STATE OF FLORIDA DEPARTA9ENT OF TRANSPORTATION 375-030-32 CERTIFICATION REGARDING DEBARMENT,SUSPENSION PROCURE 71,ff �- tuts r.. INELIGIBILITY AND VOLUNTARY EXCLUSION- �. LOWER TIER"COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal rtment or agency. Name of Consultant/Contractor: CSA Central,Inc. By: Roberto Leon Date: 511/19 Title: Senior Vice President 0. Instructions for Certification Instructions for Certification-Lower Tier Participants: C (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA;approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a.By signing and submitting this proposal,the prospective lower tier is providing,the certification set out below. C U b.The certification in this clause is a material representation offact upon which reliance was placed when this transaction was entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d.The terms"covered-transaction,""debarred,""suspended,""ineligible,""participant""person,""principal,"and"voluntarily. excluded,"as used in this clause,are defined in 2 CFR Parts 1.80 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 E 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 CL Federal funds(such as the prime or general contractor)_"Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this.proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, N declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding,the — $25,000 threshold. g.A participant in a covered transaction may rely upon a certification of a prospective participant in a;lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows.that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of itsprincipals,as well as the eligibility of any �+ lower tier prospective participants,each participant may,but is not.required to,check the Excluded Parties List System website r (https://www.epls.govl),which is compiled by the General Services Administration. N u3 h.Nothing contained in the foregoing shall be construed to require establishment of a system,of records.in order to render in good faith the certification required by this clause.The knowledge and information of participant-is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I.Except for transactions authorized under.paragraph a of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. U -38- Packet Pg. 153 C.4.b 376-030.33 O PROCUREMENT U 10101 O CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON 'FEDERAL-AID CONTRACTS O (Compliance with 49CFR, Section 20.100(b)) The prospective participant certifies, by signing this certification,that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the O undersigned,to any person for influencing or attempting to.influence an officer or 76 employee of any federal agency, a Member of Congress,an officer of employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement,and the extension, continuation, i 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 3.1, U.S. Code. Any person who fails to file the required certification shall be subject to CL a civil penalty of not less than$101000 and not more than$100,000 for each such failure_ The prospective participant also agrees by submitting his or her proposal that he or she y shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,g00 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: CSA Central,Inc. By: Roberto Leon Date: 5/1/19 Authorized Signature Title: Senior Vice President cv cv LO CJ m -39- Packet Pg. 154 C.4.b STATEOF FLORIDA DEPARTMENT OF TRANSPORTATION 3T-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT OGC-03117 FOR CONSULTANTICONTRACTOR/TECHNICAL ADVISORS U 1 certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that,my:flrm may have,and that 1 will recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of r interest or a potential conflict.of interest. Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships) which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. 1 will maintain the confidentiality of all information not made public by the Florida Department of Transportation(`Department")related to the.procurement of the above-referenced("Project")that I gain access to as a result of my involvement with the Project(`Procurement Information").I.understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of'the Project.I also understand that Procurement Information includes,:but is not limited to,documents 0- submitted to the Department by entities seeking an award of the Project("Proposers`).I understand that Procurement Information may 0. include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals, 0. financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding.Project cost estimates.I also agree not to discuss the Project with anyone who is a member of.or acting on behalf of a Proposer: O Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any j Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been W approved by the Department("Project Personnel").I understand that list of Project Personnel will be maintained by Department. If I am contacted.by any member of the public or the media with a reguesYfor,Procurement Information,I wH.promptly forward such request to the Department's Procurement Office.I will also maintain security and control over all documents containing Procurement cJ Information which are in my custody. I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm,under consideration for an agreement associated with the Project,and 1 recognize that doing so may be contrary to statutes,ordinances,and h® rules governing or applicable to the Department or may otherwise be a.violation of the law. 1 agree not to engage in bid tampering,pursuant to Section 838.22,Florida Statutes. I realize that violation of the above mentioned standards could result in:the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22,Florida`Statutes.. Advertisement No./ Description Financial Project Numbers) E Solicitation No W CL n� Each undersigned individual agrees,to the terms of this Conflict of Interest/Confidentiality Certification. Printed Names Sig na Date Roberto Leon 5/1/19 w r N N U -40- Packet Pg. 155 C.4.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30 TRUTH IN NEGOTIATION CERTIFICATION PR°cDR 05114 0 U 0 Pursuant to Section 287.055(5)(a),Florida Statutes, for any lump-sum.or cost-plus-a-fixed fee professional services contract over the threshold amount,provided in Section 287-017,Florida Statutes.for CATEGORY FOUR,the Department of Transportation(Department)requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal,or as prescribed in the contract advertisement. m The Consultant hereby certifies,covenants,and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate,complete,and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate,incomplete,or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within(1)year following.the end of the contract. For purposes of i this certificate,the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department,whichever is later. ¢, CSA Central,Inc. Name of Cons tant, By: Roberto Leon 5/1/19 Date E CL CJ cv cv uO CJ -41- Packet Pg. 156 C.4.b saatEaF R.oRDaMP,tTRcznrroF Ta,4aosra-r= s�saac� DID OPPORTUNITY LIST FOR.PROFESSIONAL, CONSULTANT SE nd!5.S,.4ND COMMODITIES&CONTRACTUAL:SERVICES U 0 Prime cantractorrPrime Gansultant CSA Central Inc Address/Phone-Number 8200 NW 41st St, Sitite 05 Dnr 305-461-5484 .al,s EL-3.3-1is=a6 Prowrement NumberlAdvertisement Number FDOT FM 441745-1-38-01 ,4q FB Part 26,11 The list is tretended t©66 E01sting of all firma th t are paddtpaflr g,or attempting to particfPa#c,on DOT as6lstdd oontrac#s,The list roust include all firms that Mitt on prime aontraols,or bid or quote subcontracts.arNd supplies materials on DOT-assisted proieots,lncluding both DBEsAnd non-DBEs.For consulting companies this list must include,aft acaboansultants_ccritecting you and expressing an interest in[earning with you on a specific DOT-assisted > protect.Prime contractors and consultants must provide lrtf'orma'Umn,for Numbers 1,2,.3 and 4,and should provide any Information.they Have available on Numbers-5.6;7,and 8 for themselves,and their subcontractors and subconsultants. 0. 1. Federal Tax ID Number; 31-1446286 5> []DSE & A.nnual-Gross Recolnts 2 'Firm Name. QS Centra ; nc- Zl Non-DBE ❑t e� than$1 mlil1on 3_ Phone: 05-46.1-5_484 ❑Between$1�$5 million 4. Address:8200.MW 4/14-St,_Suite 305 [1 Between$5�$1®niilllon Doral, FL. 7. Il Subcontractor, p t3etween$10-$1i5 millioo Subronsullant JRMore.than_$15mdlibn 0 33166 5. Year Firm EStabilshed: 1995 1. Federal Tax 10 Number 591983295 6i N 08E S. Annual Gross Receipts 2. Firm Name. I aura. I IPrPna & Assoc:iates ❑Non-DSE H Less than$1 million 3. Phone; -4n5-?56-1199 ❑setween.$1-$6 rnill or4 4. Address: . n SW 128th St ®Botwi*n'$5-S-10 million 1-3-1�v .rvv rzurr r , 7. [].Subcantrador El Behveen$10-$16 million N'Subconsultant Q More than:$16 million Miami. - 5. ' ear Firm Fztablished 1 qn E CL 1. Federal Tax ID Number 77nn�4(134 s. DBE 3. Annual Gross Receipts. 2 Firm dame: HP Gonsultants,Jnc ❑Non-G}l3f= XLesstnan.S1 mullon' 3. Phone: 305-696-2857 0 Between$1-$5 million 4, Adofew10220 SW 1 n7th St, ®.t3etween$5-$10 mflilon TVITCi�r:, .F1= 33176 7. Ml Subcontractor ®Between$10-$15 million � Suboonsultant ©More than$15 million 5. Year Fig Established: ..?00? 1. Federal Tax ID Number, B. ❑DBE 6. An6uel Gross Receipts 2. Firm Name; b Non-DBE D Less than$1 million 3. Phone: []Between 51=$5 rnlUlian 4. Address: (J Between$5-S10 millJw 7, ©Subcontractor U Between S10`-$15 million ®Sdbooncsultant 0 h4ore-than$15 million 5. Year Firm Established: N u; AS APPLJCABLE,PLEASE SUBMIT THIS FORM WITH YOUR: WD SHEET(Invitation to Bid-rrB) LETTERS:OF RESPONSE(LOR) F® PRICE PROPOSAL(Request far Pr000sal-RFP) REPLY(invitation to kegotlate WN) LU LU ns Packet Pg. 157 C.4.b DATE(MM/DDIYYYY) A�" CERTIFICATE OF LIABILITY INSURANCE F5/2/2019 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 U this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: ¢ Hub International Northeast Limited-NY PHONE FAx 1065 Avenue of the Americas/ A cMA •212-338-2000 A/c No):212-338-2100 0) 5 Bryant Park ADDRIESS: Info(Phubinternational.com New York NY 10018 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Hartford Casualty Insurance Company 29424 0) INSURED 22.404303 INSURER B:Trumbull Insurance Company 27120 CSA Holdings, INSURER C:Twin CityFire Insurance Company 29459 CSA Central, Inc.c. 8000 Corporate Drive, Suite#120 INSURERD:Markel American Insurance Company 28932 Landover, MD 20785 INSURERE: INSURER F: I. 0. COVERAGES CERTIFICATE NUMBER:517962126 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 l CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER MMIDD/YYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 1000NJA0262 7/21/2018 7/21/2019 EACH OCCURRENCE $1,000,000 DAMAGE RENTED 0 CLAIMS-MADE FXI OCCUR PREM SESOEa occurrence) $300,000 U MED EXP(Any one person) $5,000 ' l AGEMENT PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: dY GENERAL AGGREGATE $2,000,000 F® POLICY E PRO- LOC W711 ER N/ E PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 1000NJA0262 7/21/2018 7/21/2019� COMBINED SINGLE LIMIT $1,000.000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED X BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ E AUTOS ONLY AUTOS ONLY Per accident 0) I A X UMBRELLA LIA13 X OCCUR 1 OXHUHZ8494 7/21/2018 7/21/2019 EACH OCCURRENCE s 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X I RETENTION$ S C C WORKERS COMPENSATION 1OWBAS1982 7/21/2018 7/21/2019 X IPER OTH- N AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $1,000,000 D PROFESSIONAL LIABILITY MAXA7PL0001436 7/21120111 7/2112019 Limit: $5,000,000 0) Aggregate: $5,000,000 Retention: $150,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Engineering Design and Permitting Services for the Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens Project U) The Monroe County BOCC and FDOT is included as Additional Insured under General Liability,Auto and Umbrella/Excess Liability for work performed by the named insured as required by written contract.60 days written notice of cancellation,except 10 days for non-payment of premium. r tV tV u7 LU CERTIFICATE HOLDER CANCELLATION CJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE LU THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. (BOCC) 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 61, sit � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 158 C.4.c CSAGROU-01 ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE IM 7126/201YYY) 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 y 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 endorsements. PRODUCER CONTACT O American Global LLC PHOEBE .M FAx 390 North Broadway 1Ai9 No,Ext (516)387 1170 )A/c No)... Jericho,NY 11753 E-MAIL (13 - info arnerlcan lobal,com iNSt�RERLSJ AFFORDING COVERAGE INSURER Hartford Ins.....................Co of the Midwest 37478 INSURED iN UR€%e,;Trumbull I.nsurance.Co,.moany 127120 ¢' CSA Holdings,Inc./CSA Central,Inc. INspRER,c:Hartford Casualty Insurance Co 29424 8200 NW 41st Street,Suite 305 INSURER D:Twin City Fire Insurance. om an 29459 Dora!,FL 33166 PM O INSURER€ Markel American InsuranceCompany 28932 INSURER F: S COVERAGES _ CERTIFICATE NUMBER: R ION NUMB-R: 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 L, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR —___ - IADDLSUBRY - POLICY EFF POLICY EXP TYPE OF INSURANCE POLICY NUMBER _ LIMITS A X Y COMMERCIAL GENERAL LIABILITY _ EACH OCCURRENCE $ 1,000 000 U CLAIMS-MADE _X,OCCUR 12 UUN BM9482 7/21/2019 7/21/2020 DAMAGE TO RENTED 300 000 PREMISES(Ee ocsurreme.) $ .® ME%D EXP(Anv one person) 5 000 _..._ ...- _..... PERSQNAL&ADV INJURY qL$ 1,000 000. ,Q+,WL AG(.el'3:E.P&TF LIMIT APPLIES PER: -. " R 2 000 000. GENERgL,AGGRE�aATE. $ POLICY� �JEaT ( 1 LOC PRODUCTS_COMP/QPAGG �� 2 OOO OOO 0 " .-._....._ ..a-.. TH R k B AUTOMOBILE LIABILITY 3 COMBINED SINGLE LIMIT �$_ 1,000,000 0 )Eaacctderai} � u. r ANY AUTO 12 UUN BM9482 7/21/2019 7/21/2020 OppILYINIURYLPerpersonl $ �- (,OWNED SCHEDULED - AUTOS ONLY AUTOS BODILY INJURY(Per accident),$ X HIRED X NON-OWNED P t.PERTY�AMAGE r$ AUTOS ONLY �......_.___ AUTOS ONLY Qr accident C X UMBRELLA EXCESS L ABIAB X EACH QCClJRRENCE CLAIMS MADE! 12 XHU BM3213 7/21/2019 7/21/2020 I AGQRFC�tT 10,000 000 DED RETENTION$ __ Q D WORKERS COMPENSATION X PER OTH- ANDEMPLOYERS'LIABILITY ,r,{ .... STATUTE.. ER 12 WB AS1982 7/21/2019 7/21/2020 1,000 000 ANY PRO PRIETORIPARTNER/EXECUTIVE 1 - ,E.L EACH ACCIDENT__ $ FDIC ER/MEMg��EXCLUDED? „l N I A If datoryin - �E.L DISEASE-EAEMPMYE $ 1 000 000 Dyyes,describe under I DE$CRIPTL N OF OPERATION_ el w E.L..DISEAS_-POLICY_Ia.IMIT 4 1,000,000 Ct E !Professional Liab MKLM7PL0001775 7/21/2019 7/2112020 OCC/AGG 5,000,000 W b tV i DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES(ACORD 101,Additlonal Remarks Schedule,ma no attached If more spat-o Is required) Engineering Design and,Permitting Services for the Florida Keys Overseas Heritage gait Connection at Cudjoe Gardens Project The Monroe County BOCC y and FDOT are Included as Additional Insured under General Liability,Auto and Umbrella/Excess Liability for work performed by the named insured as � required by written contract. Sixty(60)days writlfl F I days for non-payment of premium. Employer's Liability is included on Workers Compensation. X L7a'�e l� fir',"kCfi h1J ... l U CERTIFICATE HD TI N U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0) MONROE COUNTY Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County Commissioners(BOCC) ACCORDANCE WITH THE POLICY PROVISIONS. U 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ¢ ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 159 i I Monroe County Boardof CountyCommissioners Impact Fee Expenditure Request m Section 1- o be comoeted by requesting department equestor: Judith Clarke.P.E. Title: Director of nein_rine Services Date: April 16,2020 m 0 Facility : Transpgrtation Project name Design and Permittine Cud°oe Gardens Trail Connection to FKOT U Total Project Cost(capital only)S: Amendment 1 to CSA contract due to SFWMD wetland miti tion 32,495.00. Separate estimat y ents into -ILF r i15AC 554,675. and PL-EM r SFWM 525,000 for a total re uest of 112 170.00. Description of project Engineering design and permittingfor ana roxiate 900 fact shared use ss halt ath U connection from the FKOHT crosswalk to Drost Drive on US I CudJoe Garden -FDOT LAP FPN 44171LMrtially funded. 0 Impact fee district:Onem , Countywide no Boundaries of Service Area:Cudioe Gardens Boundaries within projectes fee district:Yes X No_Type of Project:Capital Operational__Maintenance Project start date:6/2019 Useful life of project: 20 rs (Must exceed 5 years to qualify as capital project) Project serves: Development that existed in 1986 X started after 196® projected you current y r ?C Would project have been needed to maintain level of service standards if no growth had occurred since 1986: Residents of 6udi Gardens-requested a safe connection to the FKOHT across the s et from Drost Drive to the crosswalk.—increased development in the area has,made th s_mprovemgnt nece rv° Section 2-Planning review 0 �. Reviewer ' `" '" Title--Sr.Director Planning& Environmental Resources—Date:5:1812020 r- Project ell ible for imlvct fee fundin : Yes x No Fund: District: Partial Funding S: Full Funding S: County-Wide � Municipality Key Colony Beach District 1 amount(Lower Keys) $112,17 . 0 District 2 amount(Middle Keys) 76 District 3 amount(Upper Keys) Notes: Section 3-Legal review Revie®ver. "t .. ht § ,- rt Title: Date: f Concur with planning review ✓Object to planning review® Notes: Section 4- review Reviewer. V�r OA U La ,.,tles Mtn2 ad (Date: f 2 Funds available: Yes"V No i Transfer request prepared: Yes No Resolution prepared: Yes '�(No Agenda summary prepared?Yes_ No" Project co to of BOCC action: 0,MB Forma Mot Packet Pg. 160