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Item C29 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 16'h. 2014 Division: Public Works/Enzineering Bulk Item: Yes X No — Department: Project-Management Staff Contact Person/Phone#:-Kevin Wilson x8797 AGENDA ITEM WORDING: Approval of a Task Order with Keith and Schnars,P.A. to design and permit boat ramp repairs for three county boat ramps; Key Largo Harry Harris Park Boat Ramp,Little Torch State Road 4A Boat Ramp, and Big Coppitt Gulf Crest Boat Ramp. Repairs of boat ramps are being funded through the Boater Improvement Fund. ITEM BACKGROUND: The County is responsible for providing and maintaining several public access ramps to both the Gulf of Mexico and the Atlantic Ocean.These three ramps have received complaints as being in disrepair for various problems including worn and slick surfaces,damaged docks, and steep drops at the ends of the ramps. The contract is for Keith and Schnars, P.A. to perform design engineering and permitting services for the planned repairs at each of the three boat ramps. PREVIOUS RELEVANT BOCC ACTION: On January 16'5, 2014 the Board of County Commissioners entered in to an Agreement with Keith and Schnars,P.A. for the purposes of On Call Professional Engineering Services for projects with less than a total construction value of $2,000,000.00. CONTRACT/AGREEMENT CHANGES: design and permit boat ramp repairs for three county boat ramps; Key Largo Harry Harris Park Boat Ramp,Little Torch State Road 4A Boat Ramp, and Big Coppitt Gulf Crest Boat Ramp as set forth in Task Order. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $87,940.00 INDIRECT COST: NIA ----BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: N/A SOURCE OF FUNDS:Boater Improvement Fund REVENUE PRODUCING; Yes— NO X AMOUNT PER MONTH Y'I— APPROVEDBY: County Atty.,.12' 'OMB/Purchtg_ Risk ManagemcntqL' 7 DOCUMENTATION: Included X Not Required—_ DISPOSITION: AGENDA ITEM# Pn•7 Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Keith chnar Ket and S s, P.A. Contract# Effective Date: July 16 , 2014 Expiration Date: Contract Purpose/Description: Consultant shall provide to the County desi2 and construction drawings for the repairs of the Big Coppitt Gulfcr st Boat Ram2,Little Torch State Road 4A Boaat.Ram2,and Ke Largo Harry Harris Boat.Ramp and shall include but not necccssarliy be limited to Tans and specifications which desribe all materials necessn for construction and permitting. Contract Manager: Ann Riger 4439 Engj�eering/#26 (Name) (Ext.) (Department/Stop#) for BOCC meeting on July 16`h, 2014 Agenda Deadline: Jul 2nd,2014 CONTRACT COSTS Total Dollar Value of Contract: $ 87,940.00 Current Year Portion: $ 20,000.00 Budgeted?Yes® No 0 Account Codes: 157-62520-530340- - Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e ,maintenance,utilities,janitorial,salaries,etc,) CONTRACT REVIEW Changes Date Out Date In Needed. Division Director Yes[] No -L171Y Risk Management Yes❑No � O.M.B./Purcha�stn -T/-/ Yes[]NoM County Attorneya u- ,�. l c 0� Yes No 4eL7 Comments: OMB Form Revised 2/27/01 MCP#2 Monnsd County l nginerring 1 100 Simonton 5(nst.2-216 Key West.FL 330,N) Pro cut Management TASK ORDER FOR ON CALL PROFESSIONAL ENGINEERING SERVICES BETWEEN MONROE COUNTY AND KEITH AND SCHNARS,P.A. FOR BOAT RAMP REPAIRS In Accordance with the Continuing Contract for On Call Professional Engineering Services made and entered into on the 16`h day of January 2014, by and between Monroe County, hereinafter referred to as "County", and Keith and Schnars, P.A. hereinafter referred to as "Consultant", where professional services are allowed if construction costs do not exceed $2,000,000.00. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to this Task Order, unless the Task Order modifies an Article of the Agreement which will be specifically referenced in this Task Order and the modification shall be precisely described. In case of ambiguity or inconsistency the On Call Contract will control. This Task Order is effective on the 16th Day of tuly,2014 In accordance to Article 2.1 of the original Contract for On Cull Professional Engineering Services,the Scope of Work shall be described as follows: A. SCOPE OF BASIC SERVICES 1.1. CONSULTANT shall provide to the County,design and construction drawings for the repairs of Gulf Crest Boat ramp on Big Coppitt Key,State Road 4A Boat Ramp on Little Torch Key,and Harry Harris Boat Ramp,on Key largo.The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems,elements, details, components, materials,equipment,and other information necessary for construction.The Design for Construction shall be accurate,coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law,codes, permits, and regulations. Products,equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. Details of the scope of services are outlined below and included in the Consultant's proposal that is attached to this task order as Exhibit A. 2, AGENCY COORDINATION AND PERMITTING Monroe County Boat Ramp Repairs Monroe Comity I ng.ineerin@ 1 100 Sinionion Street.2-216 Key Wot,FL 31tW0 Pmject Slanagetnent CONSULTANT shall be responsible for all necessary permitting and will provide all information and documents required of the permits.The Consultant shall coordinate with all appropriate Federal,State,and Local government agencies to satisfy all requirements to obtain necessary permits. 2.1.1, Services included in this Task Order as needed: 1. Boundary Survey 2. Benthic Survey 3. Bathymetric Survey 4. Geotechnical Testing and reporting 5. Permit Application 6. Permit coordination 7. Response to Requests for Interpretation during bidding and construction phases. 3. BIDDING PHASE SERVICES The Consultant shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items,estimated quantities and construction duration.The County shall prepare all Bidding Forms,Conditions of the Contract, and Forms of Agreement. 4. CONSTRUCTION PHASE SERVICES The Consultant shall provide construction phase services that include site visits during construction, review of all shop drawings, responses to all Requests for Information (RFI), and project close out. 5. SITE VISITS CONSULTANT will attend meetings with County staff as needed(A maximum of 4 meeting as delineated in the proposal). These meetings do not include any necessary site visits to verify any concerns with the scope of work,design, or the evaluation of the constructed repairs for acceptance, 6. PROBABLE COST OF CONSTRUCTION ESTIMATE The CONSULTANT shall submit to the county in writing it's final estimate of the contractors anticipated bid price for construction of repairs to each of the three boat ramps separately.The construction cost shalt be the total estimated bid cost of all elements of the project designed and specified by the engineer, the costs of all labor and materials shall conform to the current market rates of labor, Monroe County Boat'Ramp Repairs klonnv County Enizinetning 1100 Simonton 51MV,2-216 Key Wem.FL 33"1 Prq*l NionagiviLut materials and equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for contractors overhead and profit. The Engineer agrees that should the bid for construction of the project exceed 10% (ten percent)or more of the estimate provided by Keith and Schnars, County will be entitled to a redesign of the project from CONSULTANT, which will meet the CONSULTANT'S estimated limit at no additional cost to the County. 7. SCHEDULING AND SUBMITTALS CONSULTANT shall provide to the county a preliminary schedule for permitting and design services,showing the design phases at 60%,90%and 100%completion for review. B. COMPENSATION I The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on the hourly rates outlined in Attachment A of the On-Call Professional Engineering Services Contract dated January 16,2014,The Total Not to Exceed an Amount of: $87,940.00 (Eighty Seven Thousand Nine Hundred Forty Dollars and Zero Cents) will apply to this Agreement. Payments shall be in accordance to the paragraph 7.2.1 of the On Call Professional Engineering Services Contract dated January 16, 2014. 2. REIMBURSABLE EXPENSES Article 7.3 of the On Call Professional Engineering Services Contract shall be revised as follows: Reimbursable expenses include expenses incurred by the CONSULTANT are not allowed as part of this contract. C. PUBLIC RECORDS The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. Monroe County Boat Ramp Repairs i%Ionnv Gnmty Engincering N I I00 Simonton stncet.2-216 Key west.FL 33040 Pivject Manap-ment In addition to the above Contract is amended to include the following; The CONSULTANT is required under Chapter 119, Florida Statutes to: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the,same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer,at no cost,to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. D. Consultant must complete the following forms: Public Entity Crime Statement, Lobbying and Conflict of Interest Clause,and the Drug-Free Workplace Form. E. All other terms and conditions of this Task Order shall comply with the On Call Professional Engineering Services Contract dated January 16, 2014,which shall be made a part of this contract as if written herein in its entirety. Monroe County Boat Ramp Repairs NIOMV County F:ngiM'Cfing 1 101)Simonton Sircet 1-216 en Key West.hL 33040 Project Mtanagenicnt IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Amy Heavilin,Clerk OF MONROE COUNTY,FLORIDA By: By Deputy Clerk Mayor/Chairman Date: (Seal) CONSULTANT Attest: Keith and Schnars,P, BY; `-- By: Title. SecreZV' -igg President Title: r 1:«r .tJ END OF AGREEMENT MONf" OF t 1°t'TORN A F w r 4 10 rt3B � RSA I:w w ti. �� ASSEL ASWSIo4, .P.v. r o,,ro RNEY Data Monroe County Boat Ramp Repairs Mourne County I?nginc�ering 1100 Simunton Start.2-216 j Key WLst.FL 77(WO Pn)jLcl Management PUBLIC ENTITY CRIME STATEMENT "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 a contract 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read and acknowledge the Public Entity Crime Statement Signature Mark J. Moshier, P.E. Printed Name Vice President Title Date: July 1 2p14 \lonrue County F.ngimcring I I(A)Simonton Street.2.216 Key west,FL 33(WO Pmjmt tiNlanapownt LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE KEITH and SCHNARS,_P,.A.. (Company) " warrants that hefd has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Si re) Date: July 1.2014 STATE OF. FLORIDA COUNTY OF: BROWARD Subscribed and sworn to(or affirmed)bef re me on 0 (date)by (name of afflent). 4H�iShe is personally known to me or has produced asp--`•. identification. (type of identification) } *�ES:f 1% t TAI UBLIC My commission expires: 1(.° I D �� Monnv County hnginLctting 1 " 1 100 Simonton Strut.2-21G Key West.H. 3 040 Pn)jeet Management DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: KEITH and SCHNARS P,A. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace.no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Consultant's " ure July 1 2014 Date P Gl N TARP L,M My Commission Expires: r. Moimv County En;inaring 1119)Sinunnon Street,2.216 Kcv West.FL 33(Po Project klunagement Exhibit A KEITH and SCHNARS, P.A. ENGINEERS,PLANNERS, SURVEYORS June 20m, 2014 Mr,Johnnie Yongue Project Manager Monroe County Engineering 305-292-4429 RE: Agreement for Professional Services Project Name:Monroe County Boat Ramp Repairs Project Location:Monroe County,Florida Dear Mr,Yongue, In accordance with your request and subsequent discussions between members of our association and yourself, this agreement between Keith and Schnam, P.A.. ("CONSULTANT'), and the Monroe County Engineering Department("CLIENTI for professional englneering services is submitted for your consideration and approval, CONSULTANT shall begin work within tan(10)days after receipt of written Notice To Proceed, I. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION The purpose of this Agreement is to outrne the scope of services recommended by CONSULTANT and accepted by CLIENT and to establish the contractual conditions between CONSULTANT and CLIENT with respect to the proposed services. If. SCOPE OF SERVICES The general scope of professional services for this project consists of preparing complete construction documents for the repair of the Gulf Crest Boat Ramp in Big Coppiti Key,the State Road 4A Boat Ramp in Little Torch lady,and the Harry Harris Park Boat Ramp in Tavernier located in Monroe County.The contract documents shalt consist of project plans,calculations,specifications,cost estimates and permit documents,all signed and,sealed by a Florida registered Professional Engineer as required. Post-design or Construction Engineering inspection Services are not included in this contract. Phase review comments shall be incorporated as required according to a tat?%, 90% and 100% review„ The CONSULTANT shall submit to the CLIENT"four(4)sets of 11x17 prints for review purposes, The CLIENT shall provide the CONSULTANT with phase review comments by marldrrg rip the plans and/or providing comments"r`n written format in one complete phase review commerd submittal. The CONSULTANT shall submit preliminary written comments/responses to the CLIENT via email and submit final wriften comments/responses Incorporating all comments and plan markups as part of the next submittal.For the Final Submittal,subsequent to incorporation of the 100% review comments, the CONSULTANT shall submit four(4) bound sets of Final signed and sealed' 11 x 17 Contract Documents,Specifications,Design Calculations,and one copy of the final Construction Cost Estimate, Section 1 -Structural Repair Engineering Services The CONSULTANT shall prepare signed and sealed structural contract documents,specifications.quantities and cost 6500 North Andrews Avenue•Ft. Lauderdale,Florida 33309-2132 (954)776-1616 0(800)488-1255•Fax(954)771-7690 www.ksfla.com estimate for the repair of the Gulf Crest Boat Ramp in Big Coppitt Key,the State Road 4A Boat Ramp in Lite T orch Key,and the Ham,Hams Park Boat Ramp in Tavernier.The Contract Documents and supporting documentation shall be prepared in accordance with current Florida Building Code and the CSC format. All CAD shall be performed In MIcrostatiop unless otherwise receivina written direction from the Coun Srctfon 1.1•Gulf Crest Boat Ramp in Big Coppitt Key According to the County Ramp Inspections conducted May 2013 and our initial field visit on April 30,2014 the followina repairs and upgrades are recommended; • Install rip rap along the sides and end of the ramp, • Design a new concrete accessory pier with cleats and rub rails for improved boat access. General and Miscellaneous Structural Tasks shall include: • Key Sheet and Index of Drawings • General Notes and Bid Item Notes • Incorporation of Core Borings • Assemble Plan Summary Boxes and Quantities • Prepare Cost Estimate at 90%and Final • Coordination o Permit Coordination o Geotechnical Coordination Ramp Repair Design Tasks shall include: • Detailing Limits of rip rap protection along sides and bottom of ramp • Cleaning of ramp surface Accessory Pier Design Tasks shall include: • Overall Geometry * General Plan and Elevation • Pile Loads/Foundation Layout • Cast-in-Place Concrete Bent Cap Design • Pile Bent Plan and ElevatioMDetalls • Precast/Prestressed Flat Slab Design • Superstructure PlanNSecction and Details • Pier Approach Plan and Details • Fender System Details • Preparation of Reinforcing Bar List The above services will be performed for a lump sum fee of Seventeen Thousand Six Hundred and Forty Dollars--$17,640.00. Section 1.2-State Road 4A Boat Ramp in I.be Torch Key According to the County Ramp Inspections conducted May 2D13 and our initial field visit on April 30,2014 the following repairs and upgrades are recommended; • Repair the accessory piers timber framing,rub rails and cleats, ...81.. x '""" KEM and SCHNARS,P.A. "" ENGINEERS,PLANNERS,SURVEYORS ' WO • Install rip rap along the sides and end of the ramp, • Stabilize adjacent ramp embankments. General and Miscellaneous Structural Tasks shall include: • Key Sheet and Index of Drawings • General Notes and Bid Item Notes • Assemble Plan Summary Boxes and Quantities • Prepare Cost Estimate at 90%and Final • Permit Coordination Ramp Repair Design Tasks shall include: • Detailing Umits of rip rap protection along sides and bottom of ramp • Cleaning of ramp surface Accessory Pier Repair Design Tasks shall include: • Overall Geometry • General Plan and Elevation • Identifying/Detailing Repair to Timber Framing/Decking • Fender System Details • Detailing Umits of rip rap protection at dock approaches The above services will be performed for a lump sum fee of Eleven Thousand Three Hundred and Forty Dollars -$11,340.00. Section 1.3-Harry Harris Park Boat Ramp in Tavernier According to the County Ramp Inspections conducted-May 2012 and our initial field visit on May 1,2014 the following repairs and upgrades are recommended; • Repair the accessory piles timber framing,rub rails and cleats, General and Miscellaneous Structural Tasks shall include: • Key Sheet and Index of Drawings • General Notes and Bid Item Notes • Assemble Plan Summary Boxes and Quantities • Prepare Cost Estimate at 90 ro and Final • Permit Coordination Accessory Pier Repair Design Tasks shall include: • Overall Geometry • General Plan and Elevation • Identifying/Detailing Repair to Timber Framing/Decking The above services will be performed for a lump sum fee of Ten Thousand and Eighty Dollars-$10,080.00. L KITH and SCHNARS,P.A. ENGINEERS,PLANNERS,SURVEYORS * win^ Section 2—Geotechnical Services—Performed by Twrm South Florida,Inc.(TSF) The request to add a new concrete accessory pier at Gulf Crest Boat Ramp in Big Coppitt Key will require the design of concrete piles. For the concrete pile design,geotechnical information Is required. TSF scope of work will consist of drilling a total of one Standard Penetration Test(SPT)boring to a depth of 50 feet below existing grade. Some adjustments in the boring depth may be necessary depending upon the subsurface conditions encountered. Within the boring, penetration resistance testing will be performed in general accordance with the requirements of ASTM designation D 1586.The boring will be approximately located in the field by our ddirmg personnel by measuring distances Mh a tape from knower reference.points. Elevations at the boring location can be Interpreted from a topographic plan if furnished by others. Prior to drilling at the project site,TSF will notify the local utility companies and request that underground utilities be marked(Sunshine State One Cali). The results of all drilling and laboratory testing vrill be evaluated by a geolechnicat engineer.A report will be issued that contains the exploration data,a dlscussion of the site and subsurface conditions,geotechnical parameters and recommendation for driven pile capadtles and also,include design and construction recommendations for the new pier based on the soil conditions encountered. The above services will be performed for a lump sum fee of Four Thousand Nine Hundred and Eighty Dollars 44,980.00. Section 3—Environmental Services Section 3.1—Benthic Survey The CONSULTANT will conduct one underwater inspection of the submerged communities at Gulf Crest Boat Ramp in Big Coppitt Key and one underwater inspection at State Road 4A Boat Ramp in Little Torch Key using snorkel and/or SCUBA equipment. The Harry Hams Park Boat Ramp in Tavernier will not have any in-water work so a benthic survey will not be necessary. Survey methods would be in accordance with the National Marine Fisheries,Service"recommendations for Sampling Ha/ophila Johnsond at a Project Site.' The exact transact methodology will be determined on-site,depending on the specific conditions in each of the project areas. Transact beginnings and endings as well as the limits of any mappable seagrass beds will be sketched. Seagram communities will be characterized as to the species present and their relative densities. Densities will be estimated using systematic sampling along the transact using a 0.25-meter quadrat. Other benthic resources will be identified and located,including corals. Findings of all field results will be documented in a letter report. This site assessment will also document shoreline resources(mangroves,protected plants,etc.j. Based on the information obtained to date,it is unlikely that benthic resources will be impacted by the projects;therefore instrument survey is not anticipated to be necessary and is not included in the scope of work. CONSULTANT's fee will be invoiced on a Lump Sum basis as follows: Big Coppitt Boat Ramp Survey...................—......................... ................ Little Torch State Road AM Survey............................................................... The above services will be performed for a lump sum fee of Six Thousand Four Hundred and Eighty Dollars $6,480.00. KEITH and SCHNAiRS,P.A. , ENGIMEERS,PLANNERS,SURVEYORS 'Now p Seefian 3.2—Pre-Application Meetings The CONSULTANT will conduct up to six pre-application meetings(WO,for each Project)with representatives of the Army Corps of Engineers(USACE),the Florida Keys Naflonal Marine Sanctuary(FKNMS),and the Florida Department of Environmental Protection(FDEP)to discuss permitting requirements and other Potential environmental issues, The CLIENT will be notified of all scheduled meetings with the regulatory agencies and will be copied on all permit related correspondences and meetings. CONSULTAN'rs fee will be invoiced on a Lump mp Sum basis as follows: Gulf Crest Boat Ramp in Big Coppift Key..............................I..........................................................$1,100.00 State Road 4A Boat Ramp in little Torch Key...................................................................................$1,100.00 Harry Harris Park Boat Ramp in Tavernier........................................................................................$1,100.00 The above services will be performed for a lump sum fee of Three Thousand Three Hundred Dollars-$3,300,00. Section 3.3—Environmental Penuft Applications The CONSULTANT will develop the permitting strategy to identify the permits that will be required among the regulatory agencies. The CONSULTANT will coordinate and lead meetings with the agencies to discuss avoidance,minimization, and mitigation options; and potential constraints and other environmental issues Including mitigation "s and quantities for mitigation to offset impacts to shoreline resources (mangroves). No impacts to bentble resources (seagrasses and corals)are anticipated,therefore no permitting Or mitigation for benthic resources is included In the base scope of work. The CONSULTANT will prepare a Joint Application for an Environmental Resource Perm#(ERP)to be submitted to the USACE and the FDEP(one ERP application for each project). These applications It add proposed w on, or over the water. ab W a rOsswork in, . Tasks will include the Preparation of drawings(plan views and cross sections)detailing the proposed project; documentation of avoidance and minimization approaches-, calculation of proposed mangrove impacts; and explanations of the need for the project. M16gabon for beathic resources is not anticipated to: be necessary; development of a mitigation plan is not included in the base scope of services. The scope of work and fees are based on the following level of permitting: Gulf Crest Boat Ramp in Big Coppltt Key FDEP requirements:This project will likely exceed the exemption thresholds and will need to be processed as a Notice General Permit under 62-330-417. USACE requirements: This project will likely qualify for a Nationwide 36 Permit, provided the project meets the thresholds of this permit. This permit does not require submittal Of an application to the USACE. However the USACE will be made aware of the project and can provide any comments/co a through the joint application FDEP forwards their application onto the USACE. nc me icall Process when State Road 4A Boat Ramp in Little Torch Key FDEP requirements:This project will rikely exceed the exemption thresholds and will need to be processed as a Notice General Permit under 62-330-417. USACE requirements: This project will likely quaiffy for a Nationwide 3 permit,which does not tequirs submittal of an application to the USACE However the USACE will be made aware Of the project and can Provide any comments/concems through the joint application Process when FDEP forwards their application onto the USACE. XErM and SCHNARS,P.A. ENGINEERS,PLANNERS,SURVEYORS "meow Harry Harris Park Boat Ramp in Tavernier FDEP requirements:This project will likely qualify for an exemption under 62.330.051(5)(d)for replacement of dock structures in the same footprint and configuration as they previously existed. USACE requirements: This project will likely qualify for a Nationwide 3 permit,which does not require submittal of an application to the USACE. However the USACE will be made aware of the project and can provide any coImments/concems through the joint application process when FOEP forwards their application onto the USACE. The CONSULTANT will respond to one round of comments(Request for Additional Information,RAI)by the regulatory agencies on each project. CONSULTANTs fee will be invoiced on a Lump Sum basis as follows: Gull Crest Boat Ramp in Big Coppitt Key.................................................................... State Road 4A Boat Ramp in Little Torch Key...................................................................................57,648.Q0 Harry Harris Park Boat Ramp in Tavernier.....................................................................................S2,784.Q0 Total..,,. , ....... ......... ......... ......... $19,120.00 The above services will be performed for a lump sum fee of Nineteen Thousand One Hundred and Twenty Dollars-$19,120.00. If the agencies determine that these projects require more extensive review and permitting(e.g.an individual permit, benthic resource impacts/mitigabon) the additional services would be provided on a Time and Materials basis in accordance with the Monroe County On-Call Engineering Contract Rates. Note: Fee does not include the application processing fees, permit fees or mitigation fees required by the regulatory agencies. Provision of these fees is the responsibility of the CLIENT. Section 4-Survey Services Section 4.1-Gulf Crest Boat Ramp in Big Coppitt Key The CONSULTANT shall prepare a Boundary,Topographic and Bathymetrfc Survey of the Big Copptt Boat Ramp located at 3 Dal Mar Boulevard,Big Coppin Key.Services include location of topographic data from the north end of the existing boat ramp soulh approftately 10D feel,from the centerline of the boat ramp west approramately 20 feet,. and east approximately 25 feet Services include the location of asphalt,concreted buildings„and surface features of utilities.Devations shall be obtained on an approximate 25 toot grid.Efavations shall be based on the North American Vertical Datum of 1988.Services include an approximate 2 mile bench run to establish NAD'88 on site Bathymetric data shall be obtained 30 feet north of the north end of the boat ramp,and 25 feet east and.west of the centerline of the boat ramp. The above services will be performed for a lump sum fee of Four Thousand Five Hundred Dollars-$4,500.00. Section 4.2-State Road 4A Boat Ramp in Little Torch Key The CONSULTANT shall prepare a Boundary,Topographicand Bathymetric Survey of the Little Torch 4A Boat Ramp located at the comer of State Road 4A and County Road.Services include location of topographic data from the east REI'TH and SCHNARS,P.A. ENGINEERS,PLANNERS,SURVEYORS ,VOW edge of pavement of State Road 4A east approximately 125 feet from the centerline of the boat ramp north and south approximately 25 feet.Services include the location of asphalt,concrete,bulkheads,mangroves and surface features of utilities.Elevations shall be obtained on an approximate 25 foot grid.Elevations shall be obtained on an approximate 25 foot grid.Elevations shall be based on the North American Vertical Datum of 1988.Services include an approximate 2 mile bench run to establish NAVD'88 on site. Bathymetric data shall be obtained from the edge of water,easterly approximately 75 feet,from the centerline of the boat ramp,north and south approximately 30 feet. The above services will be performed for a lump sum fee of Four Thousand Five Hundred Dollars-$4,500.00. Section 4.3—Harry Harris Park Boat Ramp in Tavernier The CONSULTANT shall prepare a Boundary,Topographic and Bathymetric Survey of the Tavernier Boat Ramp located at Harry Harris Park on East Beach Road, Tavernier, Services include location of topographic data from approximately 20 feet west of boat ramp,east approximately 100 feet,from the centerline of the dock,north and south approximately 30 feet. Services include the location of asphalt, concrete, dock and surface features of utilities. Elevations shall be obtained on an approximate 25 foot grid.Elevations shall be based on the North American Vertical Datum of 1988.Services include an approximate 3.5 mile bench run to establish NAVD'88 on site. Bathymetric data shall be obtained tram the edge of the water easterly approximately 125 feet,from the centedino of the dock,north and south approximately 30 feet The above services will be performed for a lump sum tee of Six Thousand Dollars-$6,00o.00. All survey work shall be performed to the Minimum Technical Standards set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5.1-17 of the Florida Administrative Code. Section 5—Additional Services The undertaking by CONSULTANT to perform professional senfices,defined within this,Agreement extends only to those services specifically described herein. If requested by the CLIENT and agreed to by CONSULTANT, CONSULTANT agrees to perform additional services hereunder.CLIENT shall be obligated to pay CONSULTANT for the performance of such additional services an amount(in addition to all other amounts payable under this Agreement)based on an hourly tee in accordance with CONSULTANTS current professional fee schedule, plus reimbursable expenses as Incurred by CONSULTANT, unless a lump sum addendum to this Agreement is executed by the parties to this Agreement which addmsses the additional services. Additional services shall include revisions to work previously performed that are required due to a change in the data or criteria furnished to CONSULTANT,a change In the scope or concept of the project initiated by CLIENT,Or Selvices,that are required by changes In the requirements of public agencies after work under this Agreement has commenced It the Pmce&g Scope Of services includes public agency permitting,our quoted feesfturs include services to respond to the agencVs,fist RAI(Request for Additional Information).Additional agency requests or requirements shall be considered an Increase to our scope of services, .NWWA� KEITH and SCHNARS,P.A. ENGINEERS,PLANNERS,SURVEYORS "NEW III. COMPENSATION Fee Summary: Section 1 -Structural Repair Engineering Services: Section 1.1-Gulf Crest Boat Ramp in Big Coppitt Key $ 17,640.00 Section 1.2-State Road 4A Boat Ramp in Little Torch Key $ 11,340.00 Section 1.3-Harry Harris Park Boat Ramp in Tavernier $ 10,080.00 Section 2-Geotechnical Services: $ 4,980.00 Section 3-Environmental Services: Section 3.1-Benthic Survey $ 6,480.00 Section 3.2-Pre-Application Meetings $ 3,300.00 Section 3.3-Environmental Permit Applications $ 19,120.00 Section 4—Survey Services Section 4.1-Guff Crest Boat Ramp in Big Coppitt Key $ 4,500.00 Section 42-State Road 4A Boat Ramp in Little Torch Key $ 4,500.00 Section 4.3-Harry Hams Park Boat Ramp in Tavernier $ 6,000.00 TOTAL SERVICES: $ 87,940.00 Should you have any questions please contact myself or Mr.Michael Davis at 954-776-1616. Sincerely, 0/1c� Coriann Salas,P.E. Director of Structural Engineering KEITH and SCHNARS, P.A. Engineers,Planners,Surveyors KUM and SCHNARS,P.A. ENGINEERS,PLANNERS,SURVEYORS AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES T'his Agreeent (" ) mid entered ito :is & 1day o Ja,10,v —, 20 _ 1�L _ i)y and between Agreement roes Mooe Coun" ya de a, political subdivinsionth of the S=711 toe off'Florida, w a se 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 Keith & Schnars, P.A., a Corporation of the State of Florida, whose address is 6500 North Andrews Avenue, Fort Lauderdale, Florida 33309 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter,with options for the County to renew for one additional 1 year period. Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement,the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES 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 hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent 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. ------------- ....................................................--l".--------------- ARTICLE 11 SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi,Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Michael L. Davis Vice President 6500 North Andrews Avenue Fort Lauderdale, Florida 33309 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services bm the CONSULTANT. The CONSULTANT shall respond with a fee proposal tP perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions |na timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unnmmomnab|a delay |nthe orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant tn paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and ohoU render approvals and decisions an expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY'm pav|mxv of any documents prepared by the CONSULTANT Or its subconsultants shall be solely for the purpose of determining whether such documents are ganamo|k/ consistent with the COUNTf's chteha, as, and if, modified. No review mfsuch documents shall relieve the CONSULTANT of responsibility for the accuracy, mdmquocy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access hm will be provided osrequested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agnmmm 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 neQ||gence, rmck|emanams, or intentional wrongful conduct mfthe CONSULTANT, subcontractor(s) and other persons employed or utilized bV the CONSULTANT in the performance mfthe contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent ofliability is in no way limited to, neduoed, or lessened by the insurance requirements contained elsewhere within this agreement. ----------- ............ Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6A PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement,the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Michael L. Davis Principal-in-Charge, Contract Manager Tim Hall, P.E. Engineering Project Manager Bryan Wilson, P.E . Roadway Design/LAP Project Manager ............ John Abbott, P.G. Environmental Project Manager Coriann Salas, P.E. Structures Project Manager ... ............................. John Krane, P.E, Transportation Planning, PM Robert Krisak, PLS survey Project manager So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. -------------- 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 -September 30) by COUNTY's Board of County Commissioners, The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE Vill INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. |n the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S fm||mma 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 V1 or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing eimb/ /80\ days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable hnthe COUNTY and shall be in m form acceptable hm 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 tn Florida Statute 44O. B. Ernp|mymrm Liability |nauusnma with limits of $1.000.000 per Accident, $1.000.000 Disease, policy limits, $1.00D.D00Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use mf motor vehicles, including onsiba and offsite operat|ons, and owned, hired or non- owned vehicles, with One Million Dollars ($1.0O0,000.00) combined single limit and One Million Dollars /$1.DOO'OOO.OD\annual aggregate. O. Commercial general |iobUdv. including Personal Injury Liability, covering c|mirno for injuries to members mfthe 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 oxsuboonmuhants. including Premises and/orOpemations, Products and Completed Operations, Independent Contractors; Brood Form Property Damage and m Blanket Contractual Liability Endorsement with One Million Dn||anm ($1,000.000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a C|m|rna Made poUoy, its provisions should include coverage for claims filed on or after the effective data of this contract. In mdd|tion, the period for which claims may be � reported must extend for a m|n|rnunn of 48 months following the termination or expiration of this contract. E. Professional liability insurance mf One Million Dollars ($1.00O.O0O.00) per occurrence and Two Million Dollars($2.8DO.0D0.0O) annual aggregate. |f the policy ioe "claims � made" policy, CONSULTANT shall maintain coverage or purchase m ^bai|'' hocover claims made after completion of the project bouoverdmentotuborytirne ||mnitaimChmpter � S5mfthe Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its ouboonau|tanhs to be adequately insured at least tothe limits prescribed above, and tm any increased limits mf CONSULTANT if so required by ---- COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS 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. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party, 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 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 the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant Is formally charged with an act defined as a "public entity crime" or has been placed an the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with intmn*at calculated pursuant boSec. 55.O3. of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9'9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Aoreement. COUNTY and CONSULTANT agree that venue shall lie|ie in the 16 Judicial C|voUit, 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 ko this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9-10 SEVERABILUTY |f 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 court of competent jurisdiction, the remaining terms, covmnmntm, conditions and provisions of this Agmmennmnt, ohm|| not be affected thereby; and each remaining ternl, omwmnont, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining bornno, oovmnandm, conditions and provisions of this Agreement would pnmvmmd the accomplishment of the or|0|no| 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 mf the stricken provision. � 9.11 ATTOPKNE1y"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 A0myommnt, 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 ottmrney'mfees. courts ooste, invesOOatiwe, and out-nf-pnokwt expenses in appellate proceedings. 9.12 BINDING EFFECT The hennm, ouvonmntm, conditiona, 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 enecuUon, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required bylaw, 9.14 CLAIMS FOR FEDERAL OR STATE AID � CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, � seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. - _..... .......... 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS 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. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents,volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS .............. 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. 9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a).Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment B. 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—Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading,demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub-consultants during the term of the contract. f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation Statement Form No. 275-030-1 1A to identify DBE participation as outlined in Paragraph 9.29, ........................... Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for Professional Services, FDOT has a race neutral program with an 8.6% goal. g). Executed copies of the FDOT Certification for Disclosure of Lobbying Activities on Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written, BOARD OF COUNTY COMMISSIONERS S MY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA ByF................ ......... eputy Clerk Mayor/Ch rrr ia Date: (Seal) CONSULTANT Attest-. BY, -6T-i-Fte"T-5 a i s Title- Title:Vice President Y--0-4 END OF AGREEMENT MONROE COUNTY ATTORNEY APPROVED AS TO FORM: J� 0 ASSISTANT C',0UNTY ATTORNEY Dais —,,-12q� ............. ----------- ATTACHMENT A CONSULTANT RATES Monroe CountyOn-Call Contract .Cpns4Ltant _77 Item Rate ;Keith and Schnars,'P A. `CARD/Computer Technician $ 87;20 ; Keith and Schnars, P.A. CEI Asphalt Plant Inspector $ 77.05 .Keith and Schnars, P.A. CEI Contract Support Specialist $ 103.77 Keith and Schnars, P.A. CEI Inspector/Engineer Intern $ 67.50 -Keith and Schnars, P.A. ,CEI ITS Inspector $ 90.00 Keith and Schnars, P.A. CEI Project Administrator/CEI Project Engineer $ 119.60 Xeith'and Schnars, P,A. CEI Res Compliance`Specialist $ 50.61 Keith and Schnars, P.A, CEI'Senior Inspector/Senior Engineer Intern $ 91.65 Keith and Schnars, P.A. ;CEI Senior Project Engineer $ 180.00 Keith and Schnars, P,A, Chief Engineer $ 180.00 .Kelthand Schnars, P.A. ,Chief,Scientist $ 140.00 Keith and Schnars, P.A. Chief Utility Coordinator $ 130.26 Keith and Schnars, P,A. iClaiims Analyst $ 180.00., Keith and Schnars,, P.A. Designer $ 100.00 Keith and Schnars, P.A. 'Engineer $ 105.00 Keith and Schnars, P.A. Engineering Intern $ 80.00 Keith and Schnars, P.A. „, iEnvironmental Specialist $,, 90.00„ Keith and Schnars, P.A. Field Crew Supervisor $ 95.23 'Keith;and S,chnars,,P.A„ !GIS Specialist $ 75 00, Keith and Schnars, P.A. Instrument Man $ 45.00 :Keith and Schnars,P.A. (Land Planner $ 80.00 .' Keith and Schnars, P,A. Landscape Architect $ 125,00 :Keith and Schnars, P,A. 'Landscape Architect:Intern Keith and Schnars, P.A. Landscape Designer $ 95.00 (Keith and Schnars, P:A, Party;Chief„ Keith and Schnars, P.A, Planner $ 95,00 !Keithand Schnars, P:A `Principal 250.r?0 $ ., Keith and Schnars, P.A, Project Engineer $ 120.00 ;Keith and Schnars; P.A. :Project,Mana'Manager g $ isQ.00 Keith and Schnars, P.A. Public information Officer $ 98.65 'Keith;and Schnars, A. :Rod Man/Chain Man Keith and Schnars, P.A. Scientist $ 74.36 Keith and Schnars, P.A. 'Secretary/Clerical $ 60.00 Keith and Schnars, P.A. Senior Engineer $ 160,00.' iKeith"and,Schnars, P.A. 'Senior Engineering Technician $ 80.00 Keith and Schnars, P.A. Senior Environmental Scientist $ 150.00 :Keith and Schnars, P.A. ;Senior Landscape Architect: $ '150.00;; Keith and Schnars, P,A. Senior Planner $ 140.00 iKeith and Schnars, P.A. Senior Project Engineer $ 150.00 Keith and Schnars, P.A. Senior Scientist $ 110.00 iKeith and Schnars, P,A," Senior Surveyor&Mapper $ 123,51`' Keith and Schnars, P.A. Senior Utility Coordinator $ 113,98 'Keith and SChnarS,,P.A., Survey Technician $ 75.38` Keith and Schnars, P.A. Surveying Intern $ 85.49 `Keith and Schnars, P.A. :Surveyor& Mapper $ 96.56 Keith and Schnars, P.A, Utility Coordinator $ 76 34 Tierra South Florida, Inc. 'Senior Technician $ 75.00 Page 1 of 2 Monroe CountyOn-Call Consultant 11tern Rate Tierra South Florida, Inc. Senior Engineer $ 125,00 Tierra,South,Flo rida, Inc. .;Project Manager $ 150.00 Handex Consulting& Remediation, LLC Principal Engineer $ 111.36 Ha,ndex Consulting,&,;Remecliation,LLC *gject Director $ 1tJ6,86 Handex Consulting & Remediation, LLC Senior Project Manager/Engineer $ 111.36 iHan'ex'Consulting&"Rernediation,LLC Project Manager/Engineer $ 11f.36 Handex Consulting & Remediation, LLC Senior Scientist $ 104.24 Handex Consulting&,Remediation, LLC .Project Scientist $ 84.36 Beacon Design, Inc. Architectural/Engineering Aide 11 $ 65.00 ;Beacon Design, Inc. FArchitect I $ 77.00,, Beacon Design, Inc. Environmental) Scientist $ 77.00 ;Beacon Design, Inc. .,'Environmental Scientist I $ 89.00 Beacon Design, Inc, Planner 11 $ 102,00 Beacon;Design, Inc. :Project Designer $ 126,00'` Beacon Design, Inc. Senior Architect $ 126.00 'Beacon Design, Inc. ;Senior Cost"'Estimator " $ 126.00'' Beacon Design, Inc. Senior Engieer $ 126.00 eac n,Design,Inca, Senior Planner ,,126.00. Beacon Design, Inc. Senior Scientist $ 126.00 ;Bea,con,f1esign, Inc. `Project ,Architect„ ,;.$. 142,00 Beacon Design, Inc, Project Engineer $ 142.00 Beacon Design, Inc (Director 5 191.04 DeRose Design Consultants, Inc. Principal $ 250.00 OeFios Design Consultants, lnc :, Project Manager, $ 185.Q0 ' DeRose Design Consultants, Inc. Senior Project Engineer $ 150.00 1pe,pse Desigp Consultants �lnc �: ,!Project,Engineere , ,. .. $ J50,00;; DeRose Design Consultants, Inc. Senior Design Engineer $ 125.00 iDeRose Design,Consultants,Inc. ;Senior Designer., $ 125;,00 DeRose Design Consultants, Inc. Field Engineer , $ 145,00 sDeRose,Design„Consultants, Inc. °F 11 eItI Inspector $ 110.00;; DeRose Design Consultants,Inc. Computer Aided Design/Draftsman $ WOO DeRose Design Consultants,'Inc, ;Clerical $ a0.00 ' Page 2 of 2 ATTACHMENT B APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT N TERM.-F-QKF-E1?F.RAL._A14 Gt1NTRA_CT.S_AAPP.fADX1 l). The following terms apply to all contracts In which it is indicated in Section 63 of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: A It is understood and agreed that all rights of the Department relating to Inspection,review,approval,patents, copyrights,and audit of the work,tracing,plans,spacifications,maps,data,and cost records relating to this Agreement shall also be reserved and hold by authorized representatives of the United States of America. B, It is understood and.agreed that,In order to permit federal participation,no supplemental agreement of any nature may be entered Into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation,anything to the contrary In this Agreement not withstanding, C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S.Department of Transportation Title 49, Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. D, Non di scrlmtno(ion: The Consultant,with regard to the work ped`ormad during the contract„shall not discriminate on the basis of race,c lor,nalional origin,sex,ago,disability,religion or family status In the selection and retention of subcontractors,including procurements of material and leases of equipment. The Consultant will not participate either directly or indirectly In the discrimination prohibited,prohibited,by Section 21,6 of lite Regulations,including employment practices when the contract covers a program set forth in Appendix S of the Regulations, E Solicitations for Subcontracts,Including Procurements of Materials and Equipment; In ail solicitations made by the Consultant,either by competitive bidding or negotiation for work to be performed under a subcontract,including procurements of materials and leases of equipment,each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race,color,national origin,sex,age,disability,religion or family status. F Information and Reports: The Consultant will provide all Information and reports required by the Regulations,or directives issued pursuant thereto,and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,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 falls or refuses to furnish this information,the Consultant shall so certify to the Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or the Federal Motor Carrier Safety Adminlstrationas appropriate,and shall set forth what efforts it has made to obtain the innformation. C, Sanctions for Noncompliance; In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract,the Florida Department of Transportation shall Impose such contract sanctions as it or the Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration may determine to be appropriate,Including,but not limited to, t withholding of payments to the Consultant under the contract until the Consultant complies andlor 2, cancellation,termination or suspension of the contract,In whole or in part, H, Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract, Including procurements of materials and looses of equipment unless exempt by the Regulations,order,or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Avlation Administration,and/or the Federal Motor Carrier Safety Administration(tray direct as a means of enforcing such provisions,Including sanctions for noncompliance, In the event a Consultant becomes involved In,or Is threatened with, litigation with a subcontractor or supplier as a result of such direction,the Consultant may request the Florida Department of Transportation to enter into such litigation to protect the Interests of the Florida Department of Transportation,and,In addition,the Consultant may request the United Stales to enter into such litigation to protect the interests of the United States, t 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, J interest of Public Ofticlals: No member,officer,or employee of the public body or or a local public body during his tenure or for one year thereafter shall have any Interest,direct or indirect,in this contract or the proceeds thereof, For purposes of this provision,public body shall include municipalities and other political subdivisions of States;and public corporations, boards,and commissions established under the laws of any State, K. Participation by Disadvantaged Business Enterprises. The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included In all subsequent agreements between the Consultant and any subconsullant or contractor, The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race,color,national origin, or sex In the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administrallon 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. L It Is mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any facts related to the project(s)described in this Agreement Is a violation of the Federal Law,Accordingly,United States Code, Title 18,Section 1020,is hereby incorporated by reference and made a part of this Agreement. M, It is understood and agreed that If the Consultant at any time learns that the certification It provided the Department in compliance with 49 CFR,Section 26.51,was erroneous when submitted or has become erroneous by reason of changed circumstances,the Consultant shall provide immediate written notice to the Department.It is further agreed that the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction"as set forth in 49 CFR,Section 29.510,shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N. The Department hereby certifies Thal neither the consultant nor the consultant's representative has been required by the Department,directly or indirectly as an oxpress or Implied condition In connection with obtaining or carrying out this contract,to 1, employ or retain,or agree to employ or retain,any firm or person,or 2, pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency,in connection with this contract involving participation of Federal-Ald funds,and is subject to applicable Slate and Federal Laws,both criminal and civil. 0, The Consultant hereby certifies that it has not: I 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 this contract; 2 agreed,as an express or Implied condition for obtaining this contract,to employ or retain the services of any firm or parson In connection with carrying out this contract;or Ct paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for the above contractor)any fee contribution,donation,or consideration of any kind for,or In connection with,procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Stato of 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. ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension,ineligibility and Voluntary Exclusion for Federal Aid Contracts A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.03D-33 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT ioroti ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification,that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress, an officer or 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, renewal, amendment,or modification of any federal contract,grant, loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: Keith and Schnars, P.A. By: Michael L. Davis Date: -el/-/a/--/Y Authorized Signature: a Title: Vice President STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37"30-32 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PRocuREM�t INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS (Compliance with 49CFR, Section 29.510) (Appendix B Certification] It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Cons Ita - '� By 4t-�P, gate: Authorized Signature Title: Vice President Instructions for Certification 1 . By signing and submitting this certification with the proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Govemment,the Department may pursue available remedies,including suspension and/or debarment. 3. 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 when submitted or has become erroneous by reason of changed circumstances. 4. The terms'covered transaction','debarred','suspended','ineligible','lower tier covered transaction';participant','person',primary covered transaction','principal','proposal',and'voluntarily excluded',as used in this clause,have the meanings set out in the Defnitiona and coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees 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,declared Ineligible,or voluntarily excluded from participation In this covered transaction,unless authorized by the Department or agency with which this transaction originated. S. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause tilted"Appendix B: Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction",without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant Ina covered transaction may rely upon a certification of a prospective participant Ina lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. B. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which Is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Department may pursue available remedies,including suspension and/or debarment.