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Item F07
} F.7 `, County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMIVIISSIONERS Mayor Heather Carruthers,District 3 Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys ��� �`� � Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting November 17, 2020 Agenda Item Number: F.7 Agenda Item Summary #7521 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305) 295-4306 N/A AGENDA ITEM WORDING: Ratification of Amendment 1 to the Task Order for Engineering Design and Permitting Services for the Bimini Drive Bridge (4904603) Replacement Project. The amendment adds the design of a Temporary Acrow Bridge, temporary bridge foundations, and temporary roadway approaches for a not to exceed cost of $137,358.00. The revised total not to exceed amount for this project is $849,613.23. ITEM BACKGROUND: The recently imposed Bimini bridge weight restrictions have caused an emergency situation that requires immediate action to procure additional professional design services of a Temporary Acrow Bridge, temporary bridge foundation, and temporary roadway approaches in the amount of$137,358.00 with Kisinger Campo and Associates, our engineering firm for the Bimini Bridge design. The amendment was executed by the Mayor in accordance with the Monroe County Code Section 2-347(k)(1)a-c as an emergency procurement. PREVIOUS RELEVANT BOCC ACTION: In November 2018 the BOCC approved a task order with Kisinger Campo & Associates, Corp. for professional design and permitting services for the Bimini Drive Bridge Replacement Project. This task order is being awarded under the On-Call contract for Professional Engineering Services in the not to exceed amount of $697,555.23 with $14,700.00 in estimated expenses for a total of$712,255.23. In August 2018 the BOCC approved a Memorandum of Agreement (MOA) between the United States Coast Guard, the Florida Historic Preservation Office (SHPO) and Monroe County. In January 2018, the BOCC approved the On-Call contract for Professional Engineering Services between Monroe County and Kisinger Campo & Associates, Corp. CONTRACT/AGREEMENT CHANGES: Ratification of Amendment No. 1 to Task Order STAFF RECOMMENDATION: Ratification of amendment no.l to the task order. Packet Pg.258 F.7 DOCUMENTATION: Amendment Ito Task Order for Bimini Drive Bridge 4904603 Replacement Project- 10-26-20 Signed by Mayor-signed KCA Task Order Bimini Bridge Exec - 11-20-18 Kisinger Campo - EXEC - 1-17-18 COI KCA FINANCIAL IMPACT: Effective Date: October 26, 2020 Expiration Date: 60 days from final completion Total Dollar Value of Contract: $849,613.23 Total Cost to County: $137,358.00 Current Year Portion: $137,358.00 Budgeted: Yes Source of Funds: 102-22560-530340 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: The total cost of task order and amendment is $849,613.23 REVIEWED BY: Judith Clarke Completed 10/28/2020 1:33 PM Christine Limbert Completed 10/29/2020 4:58 PM Purchasing Completed 10/29/2020 5:00 PM Budget and Finance Completed 10/30/2020 2:51 PM Maria Slavik Completed 10/30/2020 3:27 PM Liz Yongue Completed 11/02/2020 11:18 AM Board of County Commissioners Pending 11/17/2020 9:00 AM Packet Pg.259 AMENDMENT 1 TO TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO AND ASSOCIATES, CORPORATION �-- FOR BIMINI DRIVE BRIDGE (#904603) REPLACEMENT PROJECT In accordance with the Continuing Contract for On Call Professional Architectural and Engineering Services made and entered on the 19th day of December 2018, between Monroe County hereinafter referred to as the "County" and Kisinger Campo and Associates Corporation hereinafter referred to as "Consultant" where professional services are allowed if construction costs do not exceed $4,000,000 in accordance with F.S.287.055 (as amended per Chapter 2020-127). All terms and conditions of the referenced Contract For On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. This Amendment to the Task Order dated November 20, 2018 is effective October 26 2020 and is being amended as follows: c CL Article II Scope of Basic Services, Paragraph 2.1, the Scope of this Task Order is amended to include: Plan revisions, specification revisions, permitting coordination, quantity and cost estimate updates for the addition of a Temporary Acrow Bridge to the Final Bimini Drive Bridge Replacement Plans. r9 Tasks will include the design of a Temporary Acrow Bridge, temporary bridge foundations and temporary roadway approaches. Two additional phases of bridge construction will be required, and this will be modified in the Maintenance of Traffic Plans as well as the Bridge Construction Sequence Sheets. The Acrow Bridge construction will require shifting and lengthening the proposed temporary critical walls and adding two c temporary mechanically stabilized earth MSE walls. .c In accordance with Article VII, Paragraph 7.1 Payment Sum, the Payment Sum of this Task Order is increased as follows: Total not to exceed amount of additional services set forth in this Amendment 1 to Task Order: $134,358.00 Total additional estimated expenses in the amount of: $3,000.00 Revised not to exceed Total; $849,613.23 0 Amenorrscnl i Bimini I)rivc Bridge(1904603) [�.cplaac°csrneaat!'rcjeet Kisingcr Campo&Msoc;iartes Corp � Oc:t a-jer 2020 I Packet Pg.260 IN WITNESS WHEREOF, each party caused the Amendment 1 to Task Order to be executed by its duly authorized representative. Kisinger Campo&Asscoiates, Corp. Witness: 10/22/20 U n. GAu, 10/22/20 Signature Date Signature Date President/CEO Title (SEAL) BOARD OF COUNTY COMMISSIONERS CD Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA cv : By: As Deputy Clerk May r/CIS rman Date: E / MONROE COUNTY ATTORNEY a( � 'MR V. D AS TO FO 4: _ 3 CHRIS TINE LIMBERT�BARROWS ASSISTANT COUNTY ATTORNEY DATE.... 1 nl'lnl2p_ OS r � ca ca 0 P' Amendment I Bimini Drive Bridge(#904603)Replacement Project Kisinger Campo&Associates Corp. October 2020 E Page 12 Packet Pg.261 �o�t couere� ����°�°°�°°�°y� Kevin Madok, cPA ;o .... ;�� Clerk of the Circuit Court&Comptroller—Monroe County, Florida .p L. CL DATE: December 7, 2018 TO: Olympia Newton Engineering Services FROM: Pamela G. Hanco*C. SUBJECT: November 20'BOCC Meeting Enclosed is a duplicate original of Item G4,Task Order with Kisinger Campo& Associates, Corp. for Professional Design and Permitting Services for the Bimini Drive (Duck Key) Bridge Replacement Project.This task order is being awarded under the On Call Contract for Professional Engineering Services in the lump sum design fee of$697,555.23;with $14,700.00 _ in estimated expenses for a total of$712,255.23, for your handling. _ Should you have any questions, please feel free to contact me at(305) 292-3550. Thank you. co CD cv cc: County Attorney Finance File e KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg.262 TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND KISINGER CAMPO & ASSOCIATES, CORP. FOR BIMINI DRIVE BRIDGE REPLACEMENT PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 17th day of January, 2018 between Monroe County hereinafter referred to as the"County" and Kisinger Campo &Associates, Corp., hereinafter referred to as "Consultant"where professional services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. °3 This Task Order is effective on the 20th Day of November, 2018 and shall expire 60 days after construction is complete. Article II Scope of Basic Services, Paragraph 2.1 is amended as follows: The scope of services for the Bimini Drive Bridge Replacement Project (Bridge #904603) will include delivering construction plans and specifications, permitting and support during the bidding of the project required for the replacement of the Bimini Drive Bridge and associated roadway reconstruction. The Design for Construction shall include, but shall not necessarily be limited to, plans and < specifications which describe all systems, elements, details, components, materials, equipment, co 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. LU 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. 1.0 DESIGN DEVELOPMENT E 1.1 The Engineer shall prepare a Design Development Letter Report for the County's approval. The Design Development Report shall consist of a written document that establishes and describes the size and character of the proposed bridge replacement, materials and such le other elements as may be appropriate. The report will contain a conceptual cost estimate. 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project, the Consultant shall prepare, for E approval by the County, Construction Documents consisting of Drawings and Specifications Bimini Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 11/20/18 Page 1 of 8 Packet Pg.263 setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the most current version of the following: 1. Florida Department of Transportation Design Manual. CL 2. Florida Department of Transportation Design Standards 3. Florida Department of Transportation Surveying Procedure 4. Florida Department of Transportation Drainage Manual 5. Florida Department of Transportation Soils and Foundations Handbook 6. Florida Department of Transportation Structures Manual (625-020-018) including Temporary Design Bulletins 7. MUTCD 8. American Disabilities Act 9. Florida Department of Transportation Pavement Coring and Evaluation Procedure 10. Florida Department of Transportation Flexible Pavement Design Manual 11. Florida Department of Transportation Rigid Pavement Design Manual 12. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Plans and Specifications 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways00 14. Florida Statutes n' 15. Florida's Bicycle Facilities Planning and Design Handbook. 16. AASHTO Guide for the Development of Bicycle Facilities 17. Florida's Quality/Level of Service Handbook for Planning 18. A Policy on Geometric Design of Highways and Streets, American Association of E State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5 - AASHTO Bookstore). - 19. The Highway Capacity Manual (Transportation Research Board) 20. FDOT Standard Specifications for Road and Bridge Construction (with le supplemental specifications). 21. Facilities Design Manual (Topic No. 625-020-016-a) 22. AASHTO LRFD Bridge Design Specifications 23. Right of Way Mapping Procedure (Topic No. 550-030-015-e) 24. Project Development and Environmental Manual Parts 1 and 2 (Topic No. 650- Bimini Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 11/20/18 Page 2 of 8 Packet Pg.264 000-001). Where FDOT design standards cannot be met the Consultant will request a design variance or exception. CL 2.2. The Consultant shall provide Drawings and applicable Technical Special Provisions to the County for the County's review (the Florida Department of Transportation Standard Specifications will be incorporated by reference) at the 30% and 100% stages of the project. The Consultant shall respond to questions resulting from County review and incorporate any required revisions to the construction drawings and specifications. Design calculations package will be submitted with the 100% phase construction drawings. 2.3 The Consultant will provide a construction cost estimate and a project schedule at each phase submittal. 2.4 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 5 sets of Construction Documents that have been signed and sealed by the Consultant. The Consultant shall also provide an electronic version of the construction documents. 2.5 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 E prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. < co 2.6 The Consultant's construction documents (plans, specifications, etc.) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant LU shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to E receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.7 The Consultant shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Consultant shall file (through the County) the necessary documents to obtain Environmental Resource Permits and all other permits required for construction. The County shall be responsible for the timely submittal of all permit application fees. Bimini Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 11/20/18 Page 3 of 8 Packet Pg.265 .N CL 2.8 As needed by the County, the Consultant will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be a) provided in a timely manner in order to facilitate bidding. a, 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 3.1 Construction Plans — This consists,of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Environmental Notes, Traffic Control Plan. Construction plans M shall be in accordance with FDOT Design Manual. 3.2 Specifications —specifications will conform to the most recent version of the Florida E Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction or the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Florida Greenbook). Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as c necessary with Technical Special Provisions. 3.3 Schedules—Prepare an estimate of the Construction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the00 Construction Documents. 4.0 CONSTRUCTION COST Contemporaneously with the submission of each phase of the Design, the Consultant shall LU submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Engineer to reflect any increase or decrease in anticipated price resulting from a change in Design. 4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 4.2 The Construction Cost shall include the cost at current market rates of labor and y materials and Equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for Contractor's overhead and profit. 4.3 Construction cost does not include the compensation of the Consultant and the subconsultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. Bimini Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 11/20/18 Page 4 of 8 Packet Pg.266 6.0 CONSTRUCTION PHASE The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or CL both. The Consultant must reimburse the County for any "added costs" paid by the County for additional construction costs that were incurred as a direct result of any error, omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency,.or conflict in the work project. The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the project or would have been incurred had no error, omission, or deficiency occurred, and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably M be determined through a review of documentation or physical inspection of the site by the Consultant. REMAINDER OF PAGE LEFT BLANKCD - co cv x le Bimini Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 11/20/18 Page 5 of 8 Packet Pg.267 Article VII Compensation, Paragraph 7.1 is amended to read: The Consultant shall be paid monthly. The total Not To Exceed lump sum fee of $697,555.23 plus estimated expenses of $14,700.00 (actual itemized amount) will apply and is estimated as CL follows: E KCA FEE Project Management $32,876.25 Public Involvement $26,898.75 Roadway/Maintenance of Traffic $55,884.00 Signing and Pavement Marking $8,909.00 Drainage $18,495.00 Structures $336,054.00 Environmental Permitting $64,076.00 TOTAL $543,193.00 SUBCONSULTANT FEE Coastal Engineering - Intera $40,490.99 Utility Coordination- Keith and Associates $13,940.00 Survey/Sue-Keith and Associates $23,580.00 Geotech -Tierra South Florida $37,092.45 c Lead/Asbestos Survey-Intera $2,675.00 Historical Documentation-Janus Research $36,583.79 TOTAL $164,362.23 03 TOTAL DESIGN FEE $697,555.23 cv ESTIMATED EXPENSES Project Manager(County Meetings, Coordination, Etc.) $3,200.00 Roadway $800.00 Structures $800.00 Environmental $2,200.00 Coastal Engineering - Intera $800.00 Survey/SUE-Keith and Associates $2,400.00 Geotech-Tierra South Florida $4,500.00 - TOTAL EXPENSES $14,700.00 y Bimini Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 11/20/18 Page 6 of 8 Packet Pg.268 IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. CL Kisinger Campo &Associates, Corp Witness 11/02/201 -.8 11/02/201� . Siggnature " Date Signature Date �(FTaul,`G ,Foley, P.E.) (Ronald Gott C , Senor VP) ' ' - Presidentr Titfe,!, i l (SEAL ` BOARD OF COUNTY COMMISSIONERS T rAttest-KEVIN MADOK Clerk OF MONROE COUNTY, FLORIDA a By:, -� by: Deputy Clerk Mayor/ hair an Date: CD co ;.. �.r; N —n M UJ _ C") MONROE COUNTY ATTORNF ROVED AS FORM:,' � - CHRISTINE LIMBERT-BARROWS _ ASSISTANT COUNTY A ORNEY DATE: CJ Bimini Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 11/20/18 Page 7 of 8 Packet Pg.269 CL ATTACHMENT A a, CONSULTANT SCOPE OF SERVICES AND COST ESTIMATE co CD cv x le Ch Bimini Drive Bridge Replacement Task Order Kisigner Campo&Associates,Corp. 11/20/18 Page 8 of 8 Packet Pg.270 KCAKISINGER CAMPO & ASSOCIATES October 26, 2018 CL Judith S. Clarke,P.E. Director of Engineering Services 1100 Simonton Street Key West,Florida 33040 Project Description: Monroe County on Call Professional Engineering Services-2017 Contract r9 Re: Task Work Order#1 —Bimini Drive Bridge Replacement Dear Ms. Clarke: .r Kisinger Campo&Associates(KCA) is pleased to submit this Scope of Services and Fee Estimate for the above referenced project. This project will consist of the production of construction plans and specifications as well as the public involvement and permitting required for the replacement of the Bimini Drive Bridge and associated roadway reconstruction. Tasks will include roadway design,structures design, drainage design,maintenance of traffic,environmental/permitting,public involvement,utility coordination, coastal engineering, survey, subsurface utility engineering (SUE) and geotechnical engineering. In addition, historical documentation, historical marker design and bridge element design will be completed c in accordance with the Duck Key Memorandum of Agreement (MOA). For additional scope details, see the attached Scope of Services and Staff Hour Estimation Forms. We have estimated the level of effort required for all engineering services described above. Our total co estimated lump sum fee amounts to $697,555.23. This fee includes all KCA efforts and sub-consultant efforts,coordination,QA/QC and supervision. The fee estimate is based on hourly rates which include our N overhead. Our expenses were estimated separately and are not included in the lump sum fee estimate. Our total estimated expenses amount to$14,700.00. Expenses will be itemized and submitted separately with each U invoice. For a detailed description of the lump sum fee and estimated expenses see the fee proposals in the attached Appendix. We sincerely appreciate the opportunity to continue our working relationship with you on this project. _ Please do not hesitate to call me if you have any questions or need any additional information. 013 m Best Regards, le Jason L.LaBarbera,P.E. Project Manager File:12013.16(KCA) 201 North Franklin Street,Suite 400 1Tampa,Florida 33602 PHONE 813 871-5331 FAX 813 871-5135 1 www.klsingercampo.com Packet Pg.271 KCA KISINGER I & CAMPO ASSOCIATES Bimini Drive Bridge Replacement Scope of Services CL Task Work Order# 1 Monroe County On-Call Engineering Services E Date: October 26th,2018 r9 1. PROJECTTITLE: m Bimini Drive Bridge Replacement(Bridge#904603). 2. SCOPE OF SERVICES: ca The Consultant will complete construction plans, specifications, permit applications, historical documentation and public involvement for the Bimini Drive Bridge Replacement(Bridge#904603). The o existing bridge is a single span channel beam bridge supported by wrap around wall abutments. The proposed replacement will be a phase constructed, single span custom concrete arched beam bridge supported by end bents with wrap around retaining walls. The'bridge and roadway typical section will accommodate two 11' travel lanes with 2.5' outside shoulders and a 5' sidewalk to accommodate co pedestrian traffic. The approximate span length with be 45'. The approach roadway alignment and profile will be adjusted as necessary for the new bridge typical section. cv The Bimini Drive Bridge is one of the four Historic Duck Key Bridges. Section 106 consultation has been completed and a Memorandum of Agreement (MOA) has been signed by Monroe County, the United States Coast Guard and the State Historic Preservation Office. The purpose of this project is to replace the Bimini Drive Bridge while meeting all of the requirements of the MOA. This scope of services is consistent with the level of effort required for a County funded bridge replacement project. If federal funding becomes available, a change order will be required for the additional effort needed to meet the requirements of the National Environmental Policy Act(NEPA)and comply with the FDOT Efficient Transportation Decision Making (ETDM) process. le 3. SPECIFIC SERVICES U • Environmental & Permitting: The Consultant will perform a field investigation within the project right-of-way (ROW) to identify wetlands and protected species. The Consultant will prepare'a report summarizing the results of the field investigation. This report will be used to coordinate with environmental regulatory and resource agencies during the permitting phase of the project. The Consultant will prepare permit applications (or applicable exemption notices) for the South 201 North Franklin Street,Suite 400]Tampa,Florida 33602 1 PHONE 813 871-5331 FAX 813 871-5135 1 www.kisingercampo.com Packet Pg.272 KCA KISINGER CAMIPO & ASSOCIATES Florida Water Management District (SFWMD), the U.S. Army Corps of Engineers (USACE), and the U.S. Coast Guard (USCG). It is anticipated that construction of the proposed structures will meet the requirements of a SFWMD General Permit or exception and that a Stormwater Pollution Prevention Plan (SWPPP) will not be required. The proposed replacement structure is CL also anticipated to meet the criteria of a Nationwide Permit (most likely a NWP 3, Maintenance, or NWP 15, U.S. Coast Guard Approved Bridges) for the USACE, or be exempt from USACE m permitting. The Consultant will prepare a U.S. Coast Guard (USCG) Bridge Permit application and submit it to the USCG for processing.The Consultant will coordinate with the Florida Keys National Marine Sanctuary (FKNMS)to obtain any required environmental clearance for the project from this agency. This Scope of Services is exclusive of any environmental mitigation for wetlands, mangroves, seagrasses, corals or protected species. Formal consultation with Federal resource agencies(USFWS and NMFS)and preparation of Endangered Species Biological Assessments(BAs) or evaluation of Essential Fish Habitat(EFH) are also not included. Drainage: The Consultant will analyze the existing drainage-at the bridge location and will provide positive drainage for the bridge replacement and proposed sidewalk.The existing bridge does not have scuppers and the adjacent roadways do not have any storm sewer systems. Drainage improvements such as shallow swales and flumes may be required;however,the design _ of stormwater treatment systems are not anticipated and are excluded from this scope of work. _ The new bridge will be analyzed to determine if scuppers are required; however, they are not anticipated. Erosion control will be shown in the roadway plan sheets. o • Bridge Hydraulics: The Consultant will provide a Bridge Hydraulic Report(BHR) showing the result of the existing and proposed hydraulic analysis at the bridge location.This will also include a scour and coastal engineering evaluation. The BHR and Bridge Hydraulic Recommendation co Sheet(BHRS)will be provided. cv • Roadway: The roadway design may require an adjusted longitudinal grade due to accommodate the bridge replacement. It is assumed the proposed profile will be very similar to the existingprofile even though the existing p g g profile does not meet minimum K Value requirements or stopping sight distance requirements. Roadway profiles and cross sections will be developed as necessary to accommodate the bridge replacement. The Consultant shall provide roadway plan/profile, cross section, maintenance of traffic plan and any necessary detail _ sheets. For a detailed list of roadway plan sheets,see the attached Staff Hour Estimation Forms. The Consultant shall also prepare detailed quantities and construction cost estimate. Remaining effort includes time for meetings,coordination and quality control reviews. y • Structural: The Consultant will prepare a Bridge Development Report(Memo)to determine the i most cost effective bridge replacement solution. After county approval of the recommended bridge concept the consultant will begin production of final construction plans, quantities, cost estimates, and specifications for the`bridge replacement and associated walls. It is anticipated that the structure will be comprised of reinforced/prestressed concrete components and be similar in overall geometry in an effort to minimize roadway reconstruction and environmental impacts. Custom bridge components such as decorative railing and custom arched beams will be 201 North Franklin Street,Suite 4001Tampa,Florida 33602 1PHONE 813 871-5331 FAX 813 871-5135 1 www.kisingercampo.com Packet Pg.273 lik'Co I &KISINGER CAMP® ASSOCIATES utilized in order to meet the requirements of the MOA. For a detailed list of structural design efforts and anticipated plan contents,seethe attached Staff Hour Estimation Forms. • Utility Coordination: The Consultant will perform a utility search within the project limits and CL ¢, coordinate the temporary and permanent re-locations of the utilities. These locations will be shown in plan view only. Utility design is not included in the scope. • Survey/SUE: The Consultant, through our sub-consultant, will provide a topographic survey and Subsurface Utility Engineering (SUE) of the areas surrounding the referenced bridge as detailed in the attached sub-consultant scope of services. • Geotechnical: The Consultant, through our sub-consultant, will perform geotechnical studies in accordance with the attached sub-consultant scope of services. • Coastal Engineering: The Consultant, through our sub-consultant Intera, will perform coastal engineering services in accordance with the attached sub-consultant scope of services. • Asbestos/Lead Testing: The Consultant, through our sub-consultant Interek PSI, will ca - perform asbestos and lead testing services in accordance with the attached sub-consultant scope T_ of services. o • Public Involvement: The Consultant will assist the County with one (1) public meeting. Specific tasks include: co o Preparation of emailed invitations and website notification o Public meeting location selection and coordination cv o Preparation and production of a PowerPoint presentation, graphics, renderings, presentation boards, handouts,sign in sheet and comment forms o Public meeting attendance and follow-up 0) • Historical Documentation: Historic American Engineering Record (HAER) documentation (68 FR 43159-62) will be completed for the four significant bridges: Harbour Drive Bridge (Florida Department of Transportation [FDOT] Bridge No. 904604/ Florida Master Site File [FMSF] No. _ 8MO2135), Bimini Drive Bridge (FDOT Bridge No. 904603/FMSF No. 8MO2136), Truman Bridge (FDOT Bridge No.904602/FMSF No.8MO2137),and Rosen Bridge(FDOT Bridge No.904606/FMSF No. 8MO2138). This documentation will include large format photography of the bridges from le various views and written history of the bridges. This will include a narrative description of the bridges, discussion of their significance,and historical context. U It is important to note that HAER documentation is precise and requires the use of specific equipment and materials as well as archival processing. These costs are included in this costs proposal. 201 North Franklin Street,Suite 400ITampa,Florida 33602 i PHONE 813 871-5331 FAX 813 871-513S I www.l<isingercampo.com Packet Pg.274 KCA KISINGER I & CAMPO ASSOCIATES The following documentation requirements were developed in consultation with the National Park Service and will be undertaken prior to any demolition or alterations to the four bridges: o The written historical and descriptive data prepared in accordance with outline format CL guidelines containing: ■ A general history of the community development; ■ A construction history of the bridges including the history of the bridge type(s); ■ An architectural description of the resource including alterations; ■ A description of the site and changes; ■ Any historical photographs in the supplementary materials section(these may be subject to copyright release); and ■ A site plan o Reproduction of as built drawings o Large-format (4" x 5" or larger negative size) photographs processed for archival permanence in accordance with Historic American Buildings Survey (HABS)/Historic _ American Engineering Record (HAER) photographic specifications _ (www.nps.gov/hdp/standards/photoguidelines.pdf).Views will include: ■ At least one view that shows the resource in context. ■ One photograph of both faces. ■ Photographs of the substructure. ■ Views of any detail unique to the resource including railings or date stamps/plaques. co CD c, cv o At least one color digital photograph of each resource and its setting.The digital format should meet the NPS National Register of Historic Places (NRHP's) 75-year permanence standard and higher resolution digital files (www.,nps.gov/NR/PUBLICATIONS/bulletins/photopolicy/index.htm). o Photo locations keyed to the site plan and included with the"Index to Photographs." Copies of this historical documentation will be distributed as per the following: o An archival copy will be provided to the U.S. Department of Interior,National Park Service Southeast Regional Office for review and approval prior to demolition of the structure, per HABS/HAER guidelines le o An archival copy and digital copy to the SHPO for inclusion in the Florida Master Site File (FMSF) o A non-archival copy and electronic copy to the Historic Florida Keys Foundation. 201 North Franklin Street,Suite 4001Tampa,Florida 33602 1 PHONE 813 871-5331 FAX 813 871-5135 1 www.kisingercampo.com Packet Pg.275 KCA KISINGER CAMPO & ASSOCIATES Interpretive Markers: o Janus Research will assist with the development of a State Historic Marker placed in proximity to the Truman Bridge location.The draft State Historic Marker text and location will be coordinated with the Florida Historical Marker Program for review. Janus ResearchCL will consult with the local and state agencies and parties in order to obtain input.Janus Research will develop a recommendation for the siting and display of the marker. Costs for the fabrication of the marker is not included in this costs proposal at this time. o Janus Research will participate in four teleconference meetings to discuss the progress of the HAER documentation as well as the State Historic Marker preparation. One of the meetings will include the State Historic Marker committee meeting in which they approve the text of the marker. 4. FEE: The total estimated lump sum design fee amounts to $697,555.23. This fee includes all KCA and sub- _ consultants efforts,coordination,QA/QC and supervision. The fee estimate is based on hourly rates which include our overhead. Our expenses were estimated separately and are not included in the lump sum fee estimate. Our total estimated expenses amount to $14,700.00. Expenses will be itemized and submitted separately with each invoice. For a breakdown of the lump sum fee, sub-consultants fees and estimated expenses see co the following sheets. cv Any post design services involving shop drawing review,materials review,site visits,and meetings are not included in this proposal. Post design services will be included under a separate post design task work order. CD .2 S. SCHEDULE: A detailed schedule will be produced and submitted to the County after issuance of the Notice to Proceed. Below is a preliminary schedule: le • Project Start Up/Initial Field Investigation—Kick-off Meetings,Survey, Geotechnical Investigation, Environmental Surveys, Utility Search—3 Months from NTP CJ • Preliminary Submittal—30% Roadway Plans, Bridge Development Report(Memo), Bridge Hydraulics Report, Preliminary Geotech Report, Preliminary Cost Estimate—3 Months • County Review-1 Month • 60%Submittal—Plans and Cost Estimates-4 Months • County Review-1 Month • 90% Plans-Plans and Cost Estimates-4 Months 201 North Franklin Street,Suite 400ITampa,Florida 33602 iPHONE 813 871-S331 FAX 813 871-S13S I www.kisingercampo.com Packet Pg.276 KCAKISINGER CAMPO I & ASSOCIATES • County Review- 1 Month • Final Signed and Sealed Plans and Specifications—1 Month Total Design Schedule—18 Months CL It is anticipated that the permitting efforts will be the critical path. Permitting applications will be sent E after the 60%Submittal, It is estimated that the permitting process will take six to nine months Total Project Schedule—18-21 Months co i W CD cv x m le CJ U 201 North Franklin Street,Suite 400 Tampa,Florida 33602 PHONE 813 871-5331 FAX 813 871-5135 www.l(isingercampo.com Packet Pg.277 FEE SUMMARY SHEET Bimini Drive Bridge Replacement KCA FEE . Project Management $32,876.25 Public Involvement $26,898.75 Roadway/Maintenance of Traffic $55,884.00 Signing and Pavement Marking $8,909.00 Drainage $18,495.00 Structures $336,054.00 Environmental Permitting $64,076.00 TOTAL $543,193.00 SUBCONSULTANT FEE Coastal Engineering- Intera $40,490.99 Utility Coordination-Kieth and Associates $13,940.00 Survey/SUE-Keith and Associates $23,580.00 Geotech-Tierra South Florida $37,092.45 Lead/Asbestos Survey-Interek $2,675.00 co Historical Documentation-Janus Research $36,583.79 cv TOTAL $154,362.23 TOTAL DESIGN FEE TOTAL DESIGN FEE $697,555.23 ESTIMATED EXPENSES Project Manager(County Meetings, Coordination, Etc.) $3,200.00 Roadway $800.00 Structures $800.00 Environmental $2,200.00 Coastal Engineering-Intera $800.00 m Survey/SUE-Keith and Associates $2,400.00 Geotech-Tierra South Florida $4,500.00 TOTAL EXPENSES $14,700.00 Packet Pg.278 t � KEITHCL SCOPE OF SERVICES KEITH will perform the utility coordination on behalf of the county for the Duck Key bridge design. The below mentioned services are to support the continued engineering analysis necessary for utility identification, conflict mitigation and concept plans development to support the future construction effort. UTILITY COORDINATION The Consultant will provide the following services: M 1. Identify Existing UAO(s) 7.2 2. Utility Contacts 7.2, 7.3 3. Preliminary Utility Meeting 7.5 4. Individual/Field Meetings 7.6 - 5. Collect and Review Plans and Data from UAO(s) 7.7 6. Utility Base Map 7.7, 7.9, 7.10 7. Conflict Matrix 7.10 8. UAO coordination, oversight and support 7.11, 7.13, 7.15 Identifying Utilities co c, KEITH shall identify all utilities within the project corridor. All existing permits, Sunshine State One Call `V of Florida design tickets, risk management, studies and available survey will be reviewed. Utility Contacts Lu Initial contact will consist of letters and two sets of plans to all Utility Agencies. UAO's will be requested °' to provide size, type, location, easements, cost of compensable relocation and justification for any utility exceptions. .E Preliminary Utility Meeting UAO's will be required to attend a preliminary utility meeting to address any project design variances m and potential issues with the existing and/or proposed facilities. Individual Field Meeting(s) v It is anticipated that due to the project complexity and fast track of the schedule, multiple meetings will need to be conducted to address issues with existing facilities, adjustments and/or relocations. Corporate Office Miami-Dade County Broward County Palm Beach County St.Lucie County Orange County 301 E Atlantic Blvd 2160 NW 82 Ave 2312 S Andrews Ave 120 N.Federal Hwy 2325 SE Patio Cir. 2948 E Livingston St. Pompano Beach Dora] Fort Lauderdale Suite 208 Port St.Lucie Orlando FL 33060 FL 33122 FL 33316 Lake Worth,FL 33460 FL 34952 FL 32803 954.788.3400 306.667.5474 954.788.3400 561.469.0992 954.788.3400 954.788.3400 Packet Pg.279 August 9, 2018/Page 2 of 2 08601.M3 Duck Key Bridge Collect and Review Plans and Data from UAO(s) Determine whether the UAO's have any compensable interests or easements. Coordinate and analyze the information to ensure utility type, material and size are accurate. Provide direction to UAO's for any CL requested work schedules or agreements required by the County and FOR to complete the project. Utility Base Map KEITH will compile all available utility information (as built, record drawing etc.)to create a utility base map. The base map will be part of the reference documents. Potential Conflicts and Resolutions Matrix A conflict matrix will be created from all provided and procured utility information. The existing utilities will be identified by station and offset and referenced to any design elements that are in known conflict. °3 The status of the conflict will be noted with a suggested method of resolution. Utility Agreements Any requests for advanced relocation/adjustment will be addressed through a supplemental agreement. E LIAO oversight and support _ Continue to provide UAO coordination. We look forward to working with the department and its stake holders to make this project a success. Very Truly Yours, < Co Daniel M. Checchia VP Location Services X i .E 1 Engineering Inspired Design. Packet Pg.280 -AL • 301 East Atlantic Boulevard,Pompano Beach,Florida 33060-6643 c o n s u l t i n g e n g i n e e r s Tel:954-788-3400 Fax:954-788-3500 August 3, 2018 Jason LaBarbera, PE CL Senior Structures Engineer Kisinger Campo &Associates 201 N. Franklin St., Suite 400, Tampa, FL 33602 813.871.5331 ext 4117 E: Jason.LaBarbera(cD-kisingercampo.com RE: Agreement for Professional Services Project Name: Bimini Drive Bridge Replacement °3 Project Location: Monroe County, FL Our Project/Proposal Number: 08601.M3 Dear Mr. LaBarbera: In accordance with your request and subsequent discussions between members of our association and yourself, this agreement between Keith &Associates, Inc. ("CONSULTANT"), and Kisinger Campo &Associates ("CLIENT")for professional services is submitted for your consideration and approval. CONSULTANT will begin work after receipt of a fully executed copy of this Agreement. Such receipt shall constitute written notice to proceed. co I. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION CD' cv The purpose of this Agreement is to ' outline 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. CONSULTANT is to provide professional services associated with surveying for the Bimini Drive Bridge Replacement Project on Duck Key, Florida (the"Project"). .E II. SCOPE OF SERVICES Task 001 Topographic Survey CONSULTANT shall prepare a Topographic Survey of both sides of the Bimini Bridge on Duck y Key, Florida. Survey shall begin approximately 300 feet west of the center of the bridge and shall end approximately 300ifeet east of the center of the bridge. Survey shall extend to the existing right-of-way lines. Survey shall show all surface features such as the roadway, striping, surface utilities, trees, etc. Bridge shall be detailed with slabs, bents, pilings, riprap, etc. Cross sections of the waterway will be observed at the bridge, 50' and 100' from the bridge, on both sides (6 cross sections in total). Survey will be referenced to the North American Datum of 1983 with the 2011 adjustment applied (NAD83/2011) and the North American Vertical Datum of 1988 (NAVD88). Survey will be delivered in Microstation DGN format utilizing the FDOT standard levels and linetypes, including DTM surfaces. Packet Pg.281 August 3, 2018/Page 2 of 9 Bimini Drive Bridge Replacement Project Number 08601.M3 Task 002 Horizontal Designation Services - (Quality Level `B') Conductive utilities will be marked on the surface utilizing active geophysical prospecting techniques in conjunction with electromagnetic equipment utilizing passive radio and audio frequencies. Known non-conductive utilities and/or structures will be marked on the surface utilizing Ground Penetrating Radar (GPR), above ground features, professional judgment, utility plats and/or as-builts. This task does not include identifying gravity systems, service laterals, irrigation, or overhead facilities unless specifically requested by the CLIENT and included in the scope of services. Additional Services The undertaking by CONSULTANT to perform professional services defined within this m Agreement extends only to those services specifically described herein. No other services, whether they may be interpreted as related, incidental or implied, shall be considered to be included in the scope of work of this proposal. If upon request of CLIENT, CONSULTANT agrees to perform additional services hereunder, CLIENT shall be obligated to pay CONSULTANT for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with CONSULTANT'S current E professional fee schedule, plus reimbursable expenses as incurred by CONSULTANT, unless a lump sum addendum to Agreement is executed by the parties to this Agreement which addresses 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 co project initiated by CLIENT, or services that are required by changes in the requirements of public agencies after work under this Agreement has commenced. If the preceding scope of services includes public agency permitting, our quoted fees/hours include services to respond to the agency's first RAI (Request for Additional Information). Additional agency requests or requirements shall be considered an increase to our scope of services. .E The Total Lump Sum Fee shall be..................................................................$23,580.00 INC EITH cons ulll ng-sngln a a Packet Pg.282 August 3, 2018/Page 3 of 9 Bimini Drive Bridge Replacement Project Number 08601.M3 III. COMPENSATION A). Payments and Invoicing: CL Invoices will be submitted by CONSULTANT to CLIENT monthly for services performed and E expenses incurred pursuant to this Agreement during the prior month. Payment of such invoice will be due upon presentation. CONSULTANT'S standard invoice format shall apply and such format shall be acceptable to CLIENT for payment, unless otherwise agreed to in writing hereunder. Invoices shall be submitted monthly based on a percentage completed for lump sum contracts. On a Time and Material contract, invoices shall be submitted in accordance with our current professional service fee schedule as seen on "Exhibit A" attached. In the event of any dispute concerning the accuracy of content of any invoice, CLIENT shall within seven (7) days from the date of said invoice, notify CONSULTANT in writing stating the exact nature and amount of the dispute. Any invoice that is not questioned within seven (7) days shall be deemed due and payable. In the event an invoice or portion of an invoice is disputed within seven (7) days, CLIENT shall be-obligated to pay the undisputed portion of the invoice as set forth in below. If CLIENT fails to make any payment due to CONSULTANT for services and expenses within thirty (30) days from the date of invoice, CONSULTANT may, after giving seven (7) days written notice to CLIENT, apply the retainer to the unpaid balance of the account and/or suspend services under this Agreement until the account has been paid'in full. There will be a fee charged for suspended work, which will be negotiated when work is resumed. < co In the event any invoice or any portion thereof remains unpaid for more than forty five (45) days following the invoice date, CONSULTANT may, following seven (7) days prior written notice to CLIENT, initiate legal proceedings to collect the same and recover, in addition to all amounts due and payable, including accrued interest, its reasonable attorneys' fees and costs. The invoices referenced above, will be sent in accordance to the information as reflected on the"Billing Information Form" attached hereto. M .E PAYMENT DELAY: If the CONTRACTOR has received payment from the OWNER and if for any reason not the fault of Keith and Associates, Inc.(the SUBCONTRACTOR) does not receive a progress payment from the CONTRACTOR within seven (7) days after the date such payment is due; the SUBCONTRACTOR, upon giving an additional seven (7) days 0 written notice to the CONTRACTOR, and without prejudice to and in addition to any other y legal remedies, may stop work until payment of the full amount owing to the SUBCONTRACTOR has been received. The Subconsultant Amount and Time shall be adjusted by the amount of the SUBCONTRACTOR'S reasonable and verified cost of shutdown, delay and startup, which shall be effected by an appropriate Subcontractor Change Order. B). Reimbursable Expenses: CONSULTANT shall be reimbursed for direct charges as itemized in "Exhibit B". For those C O n 8 U l 1 1 n g•e n g i n e e r-s Packet Pg.283 August 3, 2018/Page 4 of 9 " Bimini Drive Bridge Replacement Project Number 08601.M3 out-of-pocket expenses directly chargeable to the project but not itemized in "Exhibit B", CONSULTANT shall be reimbursed at actual cost incurred, plus a 10% carrying charge. IV. PROVISIONS RELATIVE TO THE SERVICES RENDERED A). Re-use of Documents: All original documents, including, but not limited to, drawings, sketches, specifications, maps, as-built drawings, reports, test reports, etc., that result from CONSULTANT'S services pursuant or under this Agreement remain the sole property of CONSULTANT and are not intended or represented to be suitable for re-use by CLIENT or others. CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions, deletions, changes or revisions shall be made to same without the express written consent of CONSULTANT. Any re-use without written verification of adaptation by CONSULTANT mandates that CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or resulting there from. Photographs of any completed project embodying the services of CONSULTANT provided hereunder may be made by CONSULTANT and shall be considered as its property, and may be used for publication. B). Performance: co CD CONSULTANT shall not be considered in default in performance of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God or government, labor disputes, failure or delay of'transportation or by subcontractors, or any other similar cause or causes beyond the reasonable control of CONSULTANT. Time of performance of CONSULTANT'S obligations hereunder shall be extended by time period reasonably necessary to overcome the effects of such force majeure occurrences. C). Professional Standards: All work performed by CONSULTANT will be in accordance with its professional standards and in accordance with all applicable government regulations. CONSULTANT will exercise its best efforts to obtain all governmental approvals contemplated under this Agreement. 0 However, CONSULTANT does not warrant or represent that any government approval will be y obtained. Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that the Project as presented by CLIENT, is in accordance with all applicable governmental regulations. D). Opinions of Cost: jrE_I'T.H c on s u•I 11 ng en g i n a rs Packet Pg.284 August 3,2018/Page 5 of 9 Bimini Drive Bridge Replacement Project Number 08601.M3 Since CONSULTANT does not have control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding, or market conditions, any and all opinions as to costs rendered hereunder, including, CL but not limited to, opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified CONSULTANT, familiar with the construction industry. CONSULTANT cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If, at any time, CLIENT wishes greater assurance as to the amount of any cost, CLIENT shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by CLIENT will be paid for as additional services hereunder by CLIENT. If the services under this Agreement continue for a period of more than one (1) year from the °3 notice to proceed, CONSULTANT shall be entitled to renegotiate the terms of this Agreement. CONSULTANT shall not be bound under this Agreement if modifications to the terms contained herein are made without the written consent of CONSULTANT (such consent to be signified by CONSULTANT'S initials next to each modification, and if a fully executed copy hereof is not received from CLIENT by CONSULTANT on or before sixty (60) calendar days from the date of execution by CONSULTANT. E). Termination: This Agreement may be terminated by either party upon seven (7) days written notice in . event of the substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. For the purpose of this Agreement, the failure to pay any invoice submitted by CONSULTANT within sixty(60) days of the date of co c, said invoice, shall be considered a substantial failure on behalf of CLIENT. In the event of ' any termination, CONSULTANT shall be paid for all services rendered to the date of termination including all reimbursable expenses. F). Liability: X CONSULTANT is protected by Workmen's Compensation Insurance, Professional Liability Insurance and by Public Liability Insurance for bodily injury and property damage and will furnish certificates of insurance upon request. CONSULTANT agrees to hold CLIENT _ harmless from loss, damage, injury or liability arising solely from the negligent acts or omission of CONSULTANT, its employees, agents, subcontractors and their employees and agents, but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance coverage, CONSULTANT will, 0 if specifically directed by CLIENT, secure additional insurance obtained at CLIENT'S y expense. CLIENT agrees that CONSULTANT'S aggregate liability to CLIENT and all construction and professional contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to or arising from CONSULTANT'S services under this Agreement or because of 0 . the relation hereby of CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to CONSULTANT'S total fees under this Agreement or $50,000.00 whichever is greater. In no event shall CONSULTANT be liable for any indirect, special or consequential loss or damage arising out of the services hereunder including, but not limited �,rEITH cons u.11ingl engineers Packet Pg.285 August 3, 2018/Page 6 of 9 Bimini Drive Bridge Replacement Project Number 08601,M3 to, loss of use, loss of profit, or business interruption whether caused by the negligence of CONSULTANT or otherwise. CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity employed directly or indirectly by CLIENT in the project for damages of any kind from E services rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of CONSULTANT. G). Litigation: c� In the event litigation in any way related to the services performed hereunder is initiated between CONSULTANT and CLIENT, the non-prevailing party shall reimburse the prevailing °3 party for all of its reasonable attorney's fees and costs related to said litigation. V. CLIENT'S OBLIGATIONS: .E CLIENT shall provide CONSULTANT with all data, studies, surveys, plats and all other pertinent E information concerning the Project. CLIENT shall designate a person to act with authority on CLIENT'S behalf with respect to all aspects of the Project. CLIENT shall be responsible for all processing fees or assessments required for the completion of the Project. CLIENT shall provide CONSULTANT access to the Project site at reasonable times upon reasonable notice. VI. GENERAL PROVISIONS: co CD A). Persons Bound by Agreement: The persons bound by this Agreement are CONSULTANT and CLIENT and their respective partners, successors, heirs, executors, administrators, assigns and other legal representatives. This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either party without the prior written consent of the other party, such consent not to be unreasonably withheld. Nothing contained herein shall be M construed to prevent CONSULTANT from employing such independent consultants, _ associates and sub-consultants as CONSULTANT may deem appropriate to assist in the performance of the services hereunder. Nothing herein shall be construed to give any rights or benefits arising from this Agreement to anyone other than CONSULTANT and CLIENT. B). No Waiver or Modifications: y No waiver by CONSULTANT of any default shall operate as a waiver for any other default or be construed to be a waiver of the same default on a future occasion. No delay, course of dealing or omission on the part of CONSULTANT in exercising any right or remedy shall operate as a waiver thereof, and no single or partial exercise by CONSULTANT of any right or remedy shall preclude any other or further exercise of any right or remedy. This Agreement, including all requests for additional services placed hereunder, express the entire understanding and agreement of the parties with reference to the subject matter T,rEITH cons u Iting•engineers Packet Pg.286 August 3, 2018/Page 7 of 9 Bimini Drive Bridge Replacement Project Number 08601.M3 hereof, and is a complete and exclusive statement of the terms of this Agreement, and no representations or agreements modifying or supplementing the terms of this Agreement shall be valid unless in writing, signed b g g y persons authorized to sign agreements on behalf of both parties. C). Governing Laws or Venue: This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Florida. Venue for any litigation shall be Broward County, Florida. VII. CLOSURE If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please execute the agreement in the space provided and return same to the undersigned. We appreciate the opportunity to submit our proposal. Lee Powers, PSM has been selected to serve as project manager. Please contact Mr. Powers or myself if you have any questions. IN WITNESS WHEREOF, CONSULTANT and CLIENT have executed this agreement the day and year indicated below. As to CONSULTANT As to CLIENT Keith &Associates, Inc. Kisinger Campo &Associates Consulting Engineers < co CD cv Dodie Keith-Lazowick Client: President Title: DATED: DATED: le T.rEITH c o n e u l f l n g•e n g i n e e r s Packet Pg.287 August 3, 2018/Page 8 of 9 Bimini Drive Bridge Replacement Project Number 08601.M3 EXHIBIT A a PROFESSIONAL SERVICE FEE SCHEDULE CL Hourly Rate 01 Administrative Assistant..............................................................................................$50.00 11 Technician .................................................................................................................. $80.00 15 Senior Technician ...",................................................................................................... $90.00 30 Associate Planner....................................................................................................... $90.00 32 Senior Planner(AICP)............................................................................................... $125.00 33 Landscape Designer ....... $80.00 ..... .......................................................................... 34 Senior Landscape Designer...................................................................................... $100.00 35 Landscape Architect (RLA) ...................................................................................... $125.00 36 ISA Certified Arborist ................................................................................................ $125.00 50 Project Engineer....................................................................................................... $100.00 51 Senior Project Engineer............................................................................................ $115.00 - 52 Professional Engineer(PE)....................................................................................... $125.00 - 53 Field Representative............... ................................................................................. $75.00 c 54 Sr Field Representative............................................................................................... $90.00 60 Project Manager........................................................................................................ $125.00 61 Senior Project Manager............................................................................................ $160.00 70 Principal.................................................................................................................... $190.00 .- 72 Expert Witness Testimony........................................................................................ $250.00 co CD 76 BIM Modeler.............................................................................................................. $110.00 77 GIS Specialist........................................................................................................... $100.00 78 Project Surveyor ........................................................................................................ $95.00 79 Senior Project Surveyor. ........................................................................................... $110.00 Lu 80 Professional Surveyor& Mapper(PSM).................................................................... $120.00 W 81 Survey Party (2) Person............................................................................................ $110.00 82 Survey Party (3) Person............................................................................................ $130.00 83 Survey Laser Scanning............................................................................................. $125.00 90 Utility Crew Supervisor................................................................................................ $70.00 - 91 Utility Locating Technician .......................................................................................... $60.00 m 92 Utility Project Manager.............................................................................................. $100.00 93 Utility Project Engineer.............................................................................................. $125.00 95 Utility Field Technician ................................................................................................ $40.00 96 Utility Designating/GPR $200.00 c, 97 Vacuum Excavation Test Hole (Pervious Surface)........................................... $350.00/Each 98 Vacuum Excavation Test Hole (Impervious Surface) ....................................... $400.00/Each Effective 01/01/2015 �,rE_ITH c o n s u 1 I I n g e n g l n e a r s Packet Pg.288 August 3, 2018/Page 9 of 9 Bimini Drive Bridge Replacement Project Number 08601.M3 EXHIBIT B CL Direct Expenses Cost per Unit Photographic Copies Color Copies a) 8.5" x 11" $ 1.00 b) 8.5" x 14 or 11"x 17" $ 2.00 c) 24"x 36" $18.00 Black&White Copies a) Any Size up to 11"x17" $ 0.15 a, b) 24"x 36" Blackline $ 2.00 c) 30" x 42" Blackline $ 2.00 d) 24"x 36" Mylar $15.00 Laminating/Transparency Film Covers $ 2.00 Display Boards Mounted (Foam) 30"x 40" $42.00 Mounted (Foam) 40"x 60" and larger $70.00 3 Ring Binders 1" $ 1.00co Dividers (Tabs) Set of 10 $ 0.80 Acco/GBC Binding $ 1.50 Facsimiles $ 2.00 Overnight Packages per service LU Courier& Delivery Services per service °' CD Postage: 1 s` Class Current US Postal rate ca Mileage: $ 0.50/ mile Any other expenses will be billed at cost plus 10% carrying charge. **NOTE: Typical other reimbursable expenses include travel, lodging, and meals when traveling r on CLIENT'S behalf, identifiable communication expenses, all reproduction costs, and special accounting expenses not applicable to general overhead. Effective 08/01/07 cons u.11fn gtl en p/ne eis Packet Pg.289 ■ r � S 0 UTH F L ® R I D A G[QT10ffWI EANAVITEWLTMNG.wSKMON SEMES Revised October 17, 2018 July 31, 2018 CL Kisinger Campo &Associates 201 N.Franklin Street, Suite 400 Tampa,FL 33602 Attn: Mr. Jason LaBarbera, P.E. Senior Structures Engineer Re: Proposal for Geotechnical Services Bimini Drive Bridge Replacement(Bridge#904603) Duck Key,Monroe County, Florida - — TSF Proposal No.: 1807-450 di Dear Jason: As requested, TIERRA SOUTH FLORIDA, INC. (TSF) is pleased to submit this proposal for the co above-referenced project. The proposal is based on information provided to us. This proposal includes an outline of our proposed scope of work,an estimate of the total fees,and our anticipated schedule for completion of the work. X LU PROPOSED SCOPE OF WORK W All work performed by TSF will be in general accordance with FDOT standards. Our scope of work will consist of the following: _ • Perform a total of two(2) Standard Penetration Test(SPT)borings to a depth of 90 feet below 0 existing grades on land for the bridge. Perform SPT sampling at 2.5-foot interval. le • Perform four(4) SPT borings to a depth of 30 feet for the retaining walls. • Boring locations will be located in the field by TSF personnel by using a hand-held GPS and measuring distances with a tape from known-reference points. We recommend as-drilled boring locations be surveyed. 2765 VISTA PARKWAY,SUITE 10 • WEST PALM BEACH, FLORIDA 33411 (561)687-8539 • FAX (56.1.) 687-8570 State of Florido Professional Engineers License#28073 Packet Pg.290 KCA 2 TSF Proposal No. 1807-450 • Prior to drilling, notify the local utility companies and request that underground utilities be marked. CL • Provide MOT as required to perform the field work. • Collect water sample for environmental corrosion test. U • Perform soil classification and laboratory testing. • Coordinate with the structural engineer to provide foundation evaluation and recommendations to assist in the design. Lateral load analysis will be done by the structural engineer. • Provide soil parameters and external stability for walls. Assumed sheet pile analysis will be °3 done by the structural engineer. • Prepare and submit geotechnical report for bridge and wall. Borings will be performed from the roadway if the side of the roadway is not accessible to our truck mounted drill rig. ESTIMATED FEES It is proposed that the fee for the performance of the services outlined above be determined on a unit co price basis in accordance with the attached Fee Schedule and that the work be performed pursuant to TSF's General Conditions enclosed herewith and incorporated into this proposal.Our estimated fee does not include reimbursable expenses. We are requesting an allowance of $4,500 for reimbursable expenses. Reimbursable expenses will be submitted separately. LU 0) CD Our estimate covers the work needed to present our findings and recommendations in a formal 2 ca report. Not included are reviews of drawings, preparation of construction specifications, special conferences and any other work requested after submittal of our report. _ SCHEDULE AND AUTHORIZATION le TSF will proceed with the work after receipt of a signed copy of this proposal. With our present °® schedule, we can commence work within several days of project approval (weather permitting and permit approval). The fieldwork will take about 5 to 6 days to complete. The written report can be submitted about three weeks after completion of the field exploration,depending on the extent ofthe E laboratory-testing program. Verbal preliminary recommendations can be made to appropriate parties prior to submittal of the written report. Packet Pg.291 KCA 3 TSF Proposal No. 1807-450 We at TSF appreciate the opportunity to submit this proposal and look forward to working with you CL on this project. If you should have any questions concerning our proposal,please contact our office. Respectfully submitted, TIERRA SOUTH ORIDA,INC. Raj Kristin amy, P.E. Rama,� ar Vedula, P.E. Presiden Principal Engineer m Attachments: 1.Fee Estimate 2. Staff Hour Estimate AUTHORIZED BY: INVOICE TO: — Name: Firm: Title: Name: co Date: Address: LU m le Packet Pg.292 TIERRA SOUTH FLORIDA,INC. BIMINI DRIVE BRIDGE REPLACEMENT MONROE COUNTY,FLORIDA U Unit #of Units Unit Price Total CIL Truck Mounted Equipment Unit 1 $ 350.00 $ 350.00 Mob Between Holes Each 5 $ 150.00 $ 750.00 U SPT Borings(truck) 0-50 ft depth Foot 220 $ 15.00 $ 3,300.00 M 50-100 ft depth Foot 80 $ 18.00 $ 1,440.00 Grout(truck) 0-50 ft depth Foot 220 $ 6.50 $ 1,430.00 50-100 ft depth Foot 80 $ 8.00 $ 640.00 Casing(truck) 0-50 ft depth Foot 220 $ 8.00 $ 1,760.00 50-100 ft depth Foot 80 $ 9.75 $ 780.00 Extra Split Spoon Samples 0-50 ft depth Each 16 $ 42.00 $ 672.00 _ 50-100 ft depth Each 14 $ 48.00 $ 672.00 r Rock Coring O 0-50 ft depth Foot 10 $ 68.50 $ 685.00 Flagmen&Barricades(2 man crew) Day 5 $ 900.00 $ 4,500.00 Arrow Rental Sign Day 5 $ 106.69 $ 533.4500 W r Natural Moisture Content Tests Each 4 $ 10.00 $ 40.00 . r Grain-Size-Full Each 10 $ 65.00 $ 650.00 r Organic Content Tests Each 1 $ 50.00 $ 50.00 U Environmental(Corrosion)Tests Each 2 $ 175.00 $ 350.00 LU Rock Compression Test Each 2 $ 110.00 $ 220.00 0) CD Principal Engineer Hour 15 $ 175.00 $ 2,625.00 Senior Engineer Hour 31 $ 150.00 $ 4,650.00 Project Engineer Hour 40 $ 125.00 $ 5,000.00 Senior Technician Hour 65 $ 75.00 $ 4,875.00 CADD Hour 16 $ 70.00 $ 1,120.00 0 TOTAL = $ 37,092.45 U Packet Pg.293 intertek . Proposal Number:0784-252634 psi August 7,2018 W Professional Service Industries, Inc. CL 7950 NW 64th Street, Miami, Florida 33166 Phone:(305)471-7725 m Fax:(305)593-1915 Mr.Jason LaBarbera, P.E. Senior Structures Engineer r9 Kisinger Campo&Associates Corporation 201 North Franklin Street Tampa,Florida 33602 CD Subject: Asbestos and Lead-Based Paint Renovation Survey Bimini Drive Bridge(Bridge No.904603) Duck Key, Monroe County, Florida PSI Proposal No.0784-117207 Dear Mr. LaBarbera: Professional Service Industries, Inc. (PSI) is pleased to submit this proposal for conducting an asbestos and lead-based paint renovation survey on the Bimini Drive Bridge on Duck Key, Monroe County, Florida. This proposal contains the scope of services to be provided and presents the estimated cost and unit pricing that will apply. PROJECT INFORMATION Co CD We understand that the survey will be performed on the bridge structure that is scheduled to be renovated. The bridge is approximately 60 linearfeet in length. 0 The purpose of the asbestos survey is to assist the facility owner and contractor performing the renovation in complying with requirements of 40 Code of Federal Regulations (CFR) Part 61, the National Emission _ W Standards for Hazardous Air Pollutants (NESHAP) and 29 CFR 1926.1101, the OSHA Asbestos Construction _ Standard. The purpose of.the lead-based paint survey is to assist the facility owner and contractor performing the _ renovation in complying with requirements of the U.S. Occupational Safety and Health Administration (OSHA) 29 CFR 1926.62 — Lead in Construction, Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA), Comprehensive Environmental Response Compensation and Liability Act 0 (CERCLA),and the Universal Waste Rule(UWR)governing the disposal of hazardous waste. SCOPE OF SERVICES CJ Given our understanding of the project requirements,the following services are proposed: Asbestos Survey m 0 • A U.S. Environmental Protection Agency(EPA)-accredited inspector will perform a visual assessment of the structures to identify suspected asbestos-containing building materials. The location,quantity,and condition of each suspect material will be noted. www.intertek.com/building Packet Pg.294 Proposal Number:0784-252634 Kisinger Campo&Associates Corporation August 7,2018 o Page 2 • The inspector will conduct bulk sampling of the suspect materials in accordance with the sampling requirements listed in 40 CFR Part 763,the Asbestos Hazard Emergency Response Act(AHERA). CL • Samples will be shipped to a NVLAP accredited environmental laboratory for analysis by the EPA recommended method, Polarized Light Microscopy (PLM). If PLM results indicate levels between m "trace" and 10%asbestos,the Client has the option to analyze the samples further by PLM Point Count Analysis to better quantify the asbestos content or assume the material to be asbestos containing. Materials having point count results <1% asbestos are considered non-ACM. If the Client chooses this analysis, an additional charge of$45.00 per sample will be added for each sample analyzed by Point r9 Counting. cg Lead-Based Paint Survey • Review available previous lead-based paint sampling reports, specifications, maintenance records, etc. • PSI will collect paint chip samples to assess the potential presence of lead-based paint that may exist on the surfaces of the bridge. PSI will collect one paint chip sample from each of the different building components observed. All samples will be analyzed for total lead using the flame atomic absorption (AAS) method. • Detailed records will be kept describing each sampling location selected, the condition of the substrate and paint for each sample, and anything unusual about the sampled location. FINAL REPORT < co PSI will provide an electronic copy of a final report for the bridge within fifteen working days from cv the time of the survey, provided no delays such as access to the building are incurred. The report will summarize field observations and laboratory analytical results. Report to include: x • Findings and Recommendations • Quantification of asbestos-containing materials • Analytical Results • Photographs PROJECT SCHEDULE&COST ESTIMATES — It is proposed that the fee for the performance of the outlined services be determined on a lump sum basis for the asbestos and lead-based paint renovation survey. le Services as Described Above-Lump Sum: $2,675.00 CJ PSI appreciates the opportunity to propose on your project. After your review of this proposal, if you have any questions, please contact us. If this proposal is acceptable to you, please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of proposal authorization. PSI will schedule a site visit within two (2) days from receipt of signed authorization and provide the report within fifteen (15) working days from the time of the survey. www.intertek.com/building Packet Pg.295 Proposal Number:0784-252634 Ln Kisinger Campo&Associates Corporation August 7,2018® 8 Page 3 U If this proposal is acceptable to you, please return a letter of authorization along with one copy of this 0) proposal intact to our office.We will proceed with the work upon receipt of proposal authorization. CL Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. r9 1 Adel Guerrero E.John Emerson,CSP, CIEC Project Manager Department Manager/Principal Consultant °3 I &IAQ Services South Florida Environmental Group AG/EJ E > Attachments: Proposal Authorization and Payment Instructions _ General Conditions Co CD cv Lu m le www.intertek.com/building Packet Pg.296 Proposal Number:0784-252634 Kisinger Campo&Associates Corporation OtLn . August 7,2018 Page 4 U Proposal Authorization&Payment Instructions W CL Authorization To execute this proposal, please initial which cost option you approve on the previous page then sign and complete the authorization information below along with applicable payment instructions, and return one copy of W the authorized proposal to our office. U Authorized By(please print) Signature M Title Firm Address City State Zip Code Telephone Date Purchase Order No./Project Tracking No.(if applicable) r Payment Instructions If invoice payment is to be made by a party other than the authorizing party above, please provide the following information for whom the invoices are to be billed: m Firm Attention r N r r Address Title , U City State Zip Code Telephone 0) CD Authorizing Party's Relationship to Invoice Payment Party If invoices are to be approved other than by the payment party above, please provide the following information for whom the invoices are to be mailed for approval: Firm Attention Address Title fJ City State Zip Code Telephone U Authorizing Party's Relationship to Invoice Approval Party ¢ www.intertek.com/building Packet Pg.297 Proposal Number:0784-252634 on Kisinger Campo&Associates Corporation August 7,2018 Page 5 j ATTACHMENT A w PROJECT COST ESTIMATE i - - - CL K :_. ` Asbestos Renovation Survey ger Campo&Associates E Bimini Drive Bridge(Bridge No. 904603) - Duck Key, Florida A - - j Field Services C - , 1. Ind Hygienist i 121hours 1 $ 75.00 1/hour I $ 900.00 ,' _ - - - 2 Sample Analysis JASB ; 10`samples: $ 20.00 i/sample ; $ 200.00 3 (Sample Analysis JLBP i 5 samples $ 20.00]/sample $ 100.00 _ .._ 3. Field Services Vehicle 1 day $ 125.00 I/day $ 125.00 - > subtotal $ 1,325.00 I f I , -- i - _ - iProject Management and Report Preparation i — i 1 Principal ConsultaiASB 11hour ; $ 150.001/hr $ 150.00 1 2. Principal Consultai`LBP- 1Ihour $ 150.00 i/hr $ 150.00 3.iProject Manager 1 I 8 hours $ 95.00 J/hr 1 $ 760.00 } 4.!CADD 2;hours $ 55.00 i/hr $ 110.00 5 Secretary 4�hour j $ 45.00 `/hr $ 180.00 l 03 I subtotal ' $ 1,350.00co W - - �- - - -- - - - ESTIMATED TOTAL $ 2,675.00 CD x CJ www.intertek.com/building Packet Pg.298 GENERAL CONDITIONS 1. PARTIESAND SCOPE OF WORK:Professional Service Industries Inc.("PSI")shall include said company or its particular division,subsidiary or affiliate performing the work."Work"means the specific service to be performed by PSI as set forth in PSI's proposal,Client's acceptance thereof and these General Conditions.Additional work ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the work to be done by PSI.IfClient is ordering the work on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for Client's intended purpose.Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of PSI's work. ' PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal,Client's acceptance thereof and these General Conditions.The ordering CL of work from PSI,or the reliance on any of PSI's work,shall constitute acceptance of the terms of PSI's proposal and these General Conditions,regardless of the terns of any subsequently issued document. 0) z. TESTS AND INSPECTIONS:Client shall cause all tests and inspections of the site,materials and work performed by PSI or others to be timely and properly performed in accordance with the plans,specifications and contract documents and PSI's recommendations.No claims for loss,damage or injury shall be brought against PSI by Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed.Client agrees to indemnify, defend and hold PSI,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed. 3. PREVAILING WAGES: This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements. In addition, unless explicitly agreed to in the body of this proposal,this proposal specifically excludes compliance with any state or federal prevailing wage law or associated requirements,including the Davis Bacon Act. It is agreed that no applicable prevailing wage classification or wage rate has been provided to PSI, and that all wages and cost estimates contained herein are based solely upon standard,non-prevailing wage rates. Should it later be determined by the Owner or any applicable agency that in fact prevailing wage applies,then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed circumstance. Client will reimburse,defend,indemnify and hold harmless PSI from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project,including all costs,fines and attorney's fees. 4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If PSI is required to delay commencement of the work or if,upon embarking upon its work,PSI is required to stop or interrupt the progress of its work as a result of changes in r the scope of the work requested by Client,to fulfill the requirements of third parties,interruptions in the progress of construction,or other causes beyond the direct reasonable control of PSI,additional charges will be applicable and payable by Client. 5. ACCESS TO SITE:Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work.PSI shall take reasonable measures and 0) precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment. 6. CLIENT'S DUTY TO NOTIFY ENGINEER:Client warrants that it has advised PSI of any known or suspected hazardous materials,utility lines and pollutants at any r site at which PSI is to do work,and unless PSI has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits,Client agrees to CD N defend,indemnify and save PSI harmless from all claims,suits,losses,costs and expenses,including reasonable attorney's fees as a result of personal injury,death or property damage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects,structures,lines or conduits r where the actual or potential presence and location thereof were not revealed to PSI by Client. O 7. RESPONSIBILITY:PSI's work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction. PSI shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare.PSI's work or failure to perform same shall not in CD C any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Client agrees that it shall require subrogation to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insurance,including any policies required of Client's contractors _ or subcontractors,covering any construction or development activities to be performed on the project site. PSI has no right or duty to stop the contractor's work. s. SAMPLE DISPOSAL:Test specimens will be disposed immediately upon completion of the test.All drilling samples will be disposed sixty(60)days after submission of PSI's report. � 9. PAYMENT:The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar projects. The actual total amount due to PSI shall be based on the actual final quantities provided by PSI at the unit rates provided herein. Where Client directs or requests additional Ch work beyond the contract price it will be deemed a change order and PSI will be paid according to the fee schedule.Client shall be invoiced once each month for work 1- -performed during the preceding period.Client agrees to pay each invoice within thirty(30)days of its receipt.Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty(30)day period at the rate of eighteen(18)percent per annum(or the maximum interest rate permitted Ce under applicable law),until paid.Client agrees to pay PSI's cost of collection of all amounts due and unpaid after thirty(30)days,including court costs and reasonable attorney's fees.PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics'lien,or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any third party.These General Conditions are notice,where required,that PSI shall file a lien whenever necessary to collect past due amounts.Failure to make payment within O 30 days of invoice shall constitute a release of PSI from any and all claims which Client may have,whether in tort,contract or otherwise,and whether known or unknown at the time. 1 B-900-11(14) Packet Pg.299 GENERAL CONDITIONS 1 o.ALLOCATION OF RISK:CLIENT AGREES THAT PSI'S SERVICES WILL NOT SUBJECT PSI'S INDIVIDUAL EMPLOYEES_OFFICERS OR DIRECTORS TO ANY PERSONAL LIABILITY.AND THAT NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE TO DIRECTOR ASSERT ANY CLAIM.DEMAND,OR SUIT ONLY AGAINST PSI. SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK,OR TO .� HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT.ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANYWAY RELIED UPON PSI'S WORK AGREE THAT THE CL MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI, ITS OFFICERS,EMPLOYEES AND AGENTS SHALL BE LIMITED TO $25,000.00 OR THE TOTALAMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT,WHICHEVER AMOUNT IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACCORDANCE WITH THE E PROVISIONS SET FORTH IN THIS PARAGRAPH,CLIENT MAY,UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF CLIENT'S ACCEPTANCE HEREOF,INCREASE THE LIMIT OF PSI'S LIABILITY TO$250.000.00 OR THE AMOUNT OF PSI'S FEE PAID 0- TO PSI FOR ITS WORK ON THE PROJECT,WHICHEVER IS THE GREATER,BY AGREEING TO PAY PSI A SUM EQUIVALENT TO AN ADDITIONAL AMOUNT OF 5%OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES.THIS CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE AMOUNT AVAILABLE,AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT.TORT(INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY)OR OTHERWISE FOR LOSS OF PROFIT(WHETHER DIRECT OR INDIRECT)OR FOR ANY INDIRECT CONSEQUENTIAL PUNITIVE OR SPECIAL LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS. OR ANTICIPATED SAVINGS(EVEN WHEN ADVISED OF THEIR POSSIBILITY). NO ACTION OR CLAIM WHETHER IN TORT CONTRACT,OR OTHERWISE,MAY BE BROUGHT AGAINST PSI.ARISING FROM OR RELATED TO PSI'S '® WORK.MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER.REGARDLESS OF THE DATE OF DISCOVERY OF SUCH rtl CLAIM. t 1.INDEMNITY:Subject to the above limitations,PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims,suits,costs and expenses including reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law.Client shall provide the 0) same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit,cause of action,claim or counterclaim against PSI,the W Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate,answer and defend it,including reasonable attorney's and witness fees and court costs to the extent that PSI shall prevail in such suit. tV 12.TERMINATION:This Agreement may be terminated by either party upon seven days'prior written notice.In the event of termination,PSI shall be compensated by Client for all services performed up to and including the termination date,including reimbursable expenses. r 13.EMPLOYEES/WITNESS FEES:PSI's employees shall not be retained as expert witnesses except by separate,written agreement.Client agrees to pay PSI's legal expenses,administrative costs and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion of 0) any work performed under this agreement,Client agrees not to solicit,recruit,or hire any PSI employee or person who has been employed by PSI within the previous twelvemonths. In the event Client desires to hire such an individual,Client agrees that it shall seek the written consent of PSI,and shall pay PSI an amount equal to one- half of the employee's annualized salary,without PSI waiving other remedies it may have. 14.FIDUCIARY:PSI is not a financial advisor,does not provide financial advice or analysis of any kind,and nothing in our reports can create a fiduciary relationship between =— PSI and any other party. 15.RECORDING:Photographs or video recordings of the Client's own project maybe taken by and used for the Client's own internal purposes. Photographs or video recordings may not be used for marketing or publicity,or distributed to a third party or otherwise published without PSI's prior review and consent in writing. Taking photographs of other Clients'samples,test setups,or facilities,or recording in any manner any test specimen other than the test specimen related to the Client's project is prohibited;and the Client agrees to hold in strict confidence and not use any proprietary information disclosed either advertently or inadvertently. The Client shall defend,hold harmless,and indemnify PSI for any breach of this clause. 16.CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by,construed, and enforced in accordance with the laws of Illinois. The exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Court in Cook County,Illinois,or the Federal Court for the Northern District of Illinois. U 17.PROVISIONS SEVERABLE:The parties have entered into this agreement in good faith,and it is the specific intent of the parties that the terms of these General Conditions be enforced as written.In the event any ofthe provisions ofthese General Conditions should be found to be unenforceable,it shall be stricken and the remaining provisions shall be enforceable. 18.ENTIRE AGREEMENT:This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made other than as set forth herein. This agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto. 2 B-900-11(14) Packet Pg.300 JANUS RESEARCH Cost Proposal Duck Key Bridges-Monroe County HABS/HAER Documentation CL October 19,2018 w POSITION HOURS RATE TOTAL Project Manager 14 $ 150.00 $ 2,100.00 Architectural Historian 76 $ 86.00 $ 6,536.00 Graphics Specialist 300 $ 51.00 $ 15,300.00 Clerical 4 $ 45.00 $ 180.00 Total Direct Labor $24,116.00 DIRECT EXPENSES Printing/Photocopies 372.40 Project Supplies 64.00 — Telephone Expense 8.00 Per Diem 360.00 $36/day(2 people x 5 days) r Lodging 1,200.00 $150/night(2 people x 4 night) Mileage&Travel 292.50 Approx 450 mis rnd trip @$0.65 per mile U.S. Post Office 4.00 Large Format Photography 8,078.89 Boat Rental 2,000.00 Express Mail 88.00 < Total Direct Expenses $ 12,467.79 co c, CD TOTAL LABOR&EXPENSES $ 36,583.79 X Please note that this estimate includes time for Meetings. w le CJ Packet Pg.301 Janus Research Scope of Work Duck Key Bridges-Monroe County October 9,2018 Large Format Photography Expenses LARGE FORMAT EXPENSES Large Format Photography Supplies Archival Film $120.00 per 50- ack 8 packs required $ 960.00 4 x 5 Processing black&white $3.25 per unit x 296 $ 962.00 Contact Prints $12.95 per sheet x 76 sheets(4 per sheet) $ 984.20 Final prints 30 x 16 sets=480 @$7.00 per unit $ 3,360.00 Archival supplies Archival CDs $4.99 per CD 4 CD required $ 19.96 Archival Paper 11x17 $55.80 per ream $ 223.20 Archival Paper 8.5x11 $21.75 per ream $ 87.00 Photo Mount Cards $38.00 per 1 00- ack 1 pack required $ 152.00 _ Archival Negative Envelopes $24.50 per 1 00- ack 1 pack required $ 98:00 _ Shipping Costs $ 704.00 Subtotal for Supplies $ 7,560.36 0 Add Salers Tax 7% $528.53 TOTAL-EXPENSES $ 8,078.89 CD cv m le CJ U Packet Pg.302 0 DATE(MM/DD/YYYY) AC40 fl CERTIFICATE OF LIABILITY INSURANCE 41.� 10/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. CL " If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Vicky Van Wormer E Brown&Brown Insurance-Clearwater PHONE FAX 83 Park Place Blvd.,Suite 101 A1c No E:t•727-450-7018 AIC No):727 450-7083 O E-MAIL Clearwater FL 33757-2456 ADDRESS: vvanwormer bb inellas.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Admiral Insurance Company 24856 CD _ INSURED INSURER B:The Travelers Indemnity Company of America 25666 Kisinger Campo&Assoc.Corp. INSURER C:The Charter Oak Fire Insurance Company 25615 CD KCCS,Inc. Campo&Associates,PLLC INSURER D:Travelers Casualty and Surety Company 19038 201 N. Franklin Street,Ste.400 0i INSURER E Tampa FL 33602 INSURER F: COVERAGES CERTIFICATE NUMBER:914098674 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF/YYYY POLICY EXP/YYYY LIMITS LTR _ C X COMMERCIAL GENERAL LIABILITY 6308254A604 9/1/2018 9/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE FK OCCUR PREMISES Ea occurrence) $300,000 r X Contractual Liab A SK EMMT MED EXP(Any one person) $10.000 O X XCU Included QY PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: D� � GENERALAGGREGATE $2,000,000 POLICY�JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: VNAIVC�Fi YES $ < B AUTOMOBILE LIABILITY 8102G365561 9/1/2018 9/1/2019 COMBINED SINGLE LIMIT $1,000,000 Ea aceident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ i AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE r AUTOS ONLY AUTOS ONLY Per accident) $ r X PIP$10,000 $ U B X UMBRELLA LIAB X OCCUR CUP7J748484 9/1/2018 9/1/2019 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED I X I RETENTION$ $ CD WORKERS COMPENSATION- ---- -- - ---- -----U97J070309 -—1013/2018_-- 10/3/2019 x__PER X _OTH- AND EMPLOYERS'LIABILITY a i ATUTE _— ER- ANYPROPRIETORIPARTNER/EXECUTIVE —N N/A E.L.EACH ACCIDENT $500,000 _ OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $500,000 — A Professional Liability E000002720505 11/2/2018 11/2/2019 Per Claim 5,000.000 Claims Made Aggregate 5,000,000 Retro Date 11/212014 Deductible 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate holder is an additional insured with respect to general liability,auto liability and umbrella liability.Endorsements available upon request.Waiver of y Subrogation applies to general liability and workers compensation&employers liability.Explosion,Collapse&Underground hazard included in CGL. ON-CALL PROFESSIONAL ENGINEERING SERVICES AGREEMENT AND ALL TASK WORK ORDERS AUTHORIZED HEREUNDER. 60-DAYS NOTICE OF CANCELLATION OR NON-RENEWAL PER ATTACHED FORM IH-03020608. (KCA PROJECT#1201316.00) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY-BOCC ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: JUDITH S.CLARKE,PE, DIRECTOR OF ENG SVCS AUTHORIZED REPRESENTATIVE 1100 SIMONTON STREET,#216 KEY WEST FL 33040 44M R. , ©1988-2015 ACORD CORPORATION. Packet,Pg.303 ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD F.7.c AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES This Agreement ("Agreement") made and entered into this iday of J , 20 N by and between Monroe County, a political subdivision of the State CL of Florida, hose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County 0) Board of County Commissioners ("BOCC"), E AND Kisinger Campo & Associates, Corp. a corporation of the State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa, Florida 33602 its successors and assigns, hereinafter referred to as"CONSULTANT", or"CONTRACTOR". WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT for various County Projects located in Monroe County, Florida; and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00, for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four (4) years thereafter, with options for the County to renew for one additional 1 year period. < co Specific services will be performed pursuant to individual Task Orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the 0. 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: 1- Packet Pg.304 F.7.c FORM OF AGREEMENT ARTICLE 1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied. 1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.3 The CONSULTANT shall prepare all documents required by this Agreement °3 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. - 1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to its performance and those directly under its employ. 1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent 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 allco statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 0 1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. 2- Packet Pg.305 F.7.c ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the appropriate party by certified mail, return receipt requested, to the following: For the County: Ms. Judith Clarke, P.E. Director of Engineering Services c Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 < co And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Mr. Jason LaBarbera, P.E. 0. 201 N. Franklin Street, Suite 400 Tampa, Florida 33602 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 to the CONSULTANT. The CONSULTANT shall 3- Packet Pg.306 F.7.c respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 0 CL 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and maps. 0) 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render _ approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. co co 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. ' 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. 0. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, 4- Packet Pg.307 F.7.c reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted E against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT will hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 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 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the co following named individuals will perform those functions as indicated: NAME FUNCTION Jason LaBarbera, P.E. Project Manager Dave Thompson, P.E. Chief Engineer Deborah Hernandez-Cedeno P.E. Project Engineer 0. Tara Spieler, P.E. Senior Engineer Carlos Layrisse, P.E. Senior Project Engineer Patrick Mulhearn Project Engineer Robert Whitman Chief Scientist So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. 5- Packet Pg.308 F.7.c 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 c service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. < co 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 0. only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; and b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; and c. Postage and handling of reports. 7.4 BUDGET 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. 6- Packet Pg.309 F.7.c 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida, and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient c to respond to Florida Statute, Chapter 440. B. Employers Liability Insurance with limits of One Million Dollars ($1,000,000.00) < per Accident, One Million Dollars ($1,000,000.00) Disease, policy limits, One co Million Dollars ($1,000,000.00) Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. 0. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000.00) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of forty-eight (48) months following the termination or expiration of this contract. 7- Packet Pg.310 F.7.c E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least E to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as 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 co 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. LU LU 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS 0. 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 8- Packet Pg.311 F.7.c representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 0 CL 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONSULTANT. 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 Agreement 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 `o conviction for a public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for 0. CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CON USULTANT has been placed on the convicted vendor list. 9- Packet Pg.312 F.7.c CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this Agreement. Each party to this Agreement E or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of _ the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and S conducted pursuant to this Agreement shall be in accordance with the Florida Rules co of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition, or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to 0. any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 10- Packet Pg.313 F.7.c 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT E The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID 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 < co COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of 0. the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 9.16 COOPERATION u In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 11- Packet Pg.314 F.7.c 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI1 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as E 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 VI11 of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to _ nondiscrimination in the sale, rental or financing of housing; 9) The Americans with _ Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any E Federal or state statutes which may apply to the parties to, or the subject matter of, S this Agreement. co 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. 0. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized E 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 12- Packet Pg.315 F.7.c working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees _ and costs associated with that proceeding. This provision shall survive any _ termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Florida Statutes,Section 119.0701 and the terms and conditions of this contract, the Contractor is required to: E (1) Keep and maintain public records that would be required by the County to S perform the service. co (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if 0. the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the 13- Packet Pg.316 F.7.c requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request CL within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12Tx Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of co 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 0. 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 14- Packet Pg.317 F.7.c actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES 0 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT E 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 (1) 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. 0. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL CONTRACT REQUIREMENTS. The Consultant and its subconsultants must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 15- Packet Pg.318 F.7.c 9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors E must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from _ inducing, by any means, any person employed in the construction, completion, or _ repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found S at: www.access.gpo.gov/davisbacon/fl.htmI under Monroe County. co 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in 0. excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open E market, or contracts for transportation or transmission of intelligence. 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding 16- Packet Pg.319 F.7.c agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended, Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water CL Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the E Environmental Protection Agency (EPA). 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for _ an award exceeding $100,000 must file the required certification. Each tier certifies _ to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also E disclose any lobbying with non-Federal funds that takes place in connection with < obtaining any Federal award. Such disclosures are forwarded from tier to tier up to co the non-Federal award. 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. LU ca Other Federal Requirements: 0 0. 9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the 17- Packet Pg.320 F.7.c 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. e 9.30 The Consultant and sub cosultants shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees CL hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. 9.31 The Appendices I, A and E of the FOOT Standard Professional Services Agreement are attached hereto as Attachment B and the Certification for Disclosure of Lobbying Activities on Federal Aid Contracts, the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts, and the Conflict of Interest/Confidentiality Certification are attached hereto as Attachment C and all made a part hereof. T WHEREOF, each party has caused this Agreement to be executed by its duly E presentative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS test: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA Co By: By; , . . Deputy Clerk Mayor/Chairman 0 Date: 17 t M�E COUNTY ATTORNEY'S OFFICE 0. �r R4v �tAST�r PATRICIA ALES 5 AW TANT COUNTY ATTORNEY DATE. a— (Seal) CONSULTANT Attest: KISINGER CAMPO $ASSOC. CORP. BY—X, By. /19 I onald E.Gott Paul G.Foley,P.E. < Title: Senior Vice resident/CFO Title: President END OF AGREEMENT 1�- Packet Pg.321 F.7.c ATTACHMENT A CONSULTANT RATES 0 co CL 0. m 19- Packet Pg.322 F.7.c { } '.,yllit 1� ail�,�a.R CAMPO O RD E COUNTY ®'ONE CALL SERVICESCL HOURLY BILLING G TE SCHED LE Ammerage audy BiNIng, Job Classificaficin ate" Project Manager 2:2.2.00 Chief Engineer 270.00 Senior Engineer 215.00 Senior Project Engin'e*T 188.00 Project Engineer -17 .00 Engineer -140.00 Ca Engineering Intern -10 .00 Designer -1-18.0a CADDIC,oniputef Tec nicNan E Chief Scientist 2.2 =.00 co W Senior &ojeatist •1 .7.00 E wirc nni,a naaN Specialist 94.00 619 Spezialist 99.00 Certified Bridge Inspector C°E I) 1 5-00 0. ridge InspectairlTeohnician 910.010 ecreta (Cler iN 73.00 ll Bllwq PAILt off ,. y,, \MIC"ANK4 kM, M MA illAU MM W U 2 0— Packet Pg.323 F.7.c a, CONSTRUC710N SERVICES Mt NR E COUNTY - ON-CALL SERVICES � 0 CL HOURLY BILLING RATE SCHEDULE 2017 Average How l Job Classii'ication Billing Rate* CE.I Senior Project Engineer 201..00 °3 CE:I Project Administrator 15 ..0 CE:IContract Support Specialist 05..0 CE.I Senior Inspector $ 99.00 c CE:I Inspector 4..00 co CE.I ecr tnry? lericnl 66.00 Iase I3 HIM,Ruts imdWe,salary;ove*ead and fixed fee..bar irdjda expenses. 0 2�Bilking Rates e ff ermaretr 4-year mm tra yf team am d I year rerewa ii im-,ne axter,�on op for exemsed. 0. CJ 21- Packet Pg.324 F.7.c INTERA Imorp+x afed .�.riw IN S Fi in W Uf Terra,e, 0 Grtir,es°.ripe,hb�rkia,I15�.0.�26,5 u-;LU°L.G E Lt„'s;rL & LN'v jIN_L I NC_ v�Lj L,U I I ulN`v"s U December 18,2017 � 0 CIL fascrn LaEartaera,PE Senior Structures Engineer � :isinger Campo&associates 201 N.Franklin St..;,Suite 400 - � Tampa,FL 33602 r9 RE- Monroe County-Orr-Cal I Professionall Engineering services Gear Mr.LaBarbera,. Enclosed are the fully burdened rates for INTERA Incorporated personnel.These rates reflect FDOT au6ted multipliers for the most recent year. Staff Category Burdened Bates > Chief Engineer S 213.55 En inz-erin Intern S 90,36 _ En inz-erin Technician S 81.84 _ F�rincipal Engineer S 193.55 Project E n i neer S 1.30,:2 t Secretary'C Teri cal S 59.73 Senior Engineer S 335.5 Senior Project Engineer S 143.:22 � Backup for these values can be suppled upon request..Please contact me if you have any questions or r wish to discuss. � r Sincerely, r INTERA Incorporated CJ aw .,, .. t � 0 Mark Gosselin,Ph.D.,R.E. Director CJ 22- Packet Pg.325 F.7.c JA NUS RESEARCH RATE SHEET "g ���u»� Monroe County_On ad Professional Fngineefiing Services U 0 CL POSITION RATE Fro'ec.1 Manager 16L.�a7 U Hrinci ;aV Irvest: ator $ 110.Lf Fro'ect Archaeobgisa 39.Ca7 F46 Archaedogisi 45.5+0 Archite .srA Hist&.an 11MO py Historical Technician 85.5 Graphics Specialist 51.Ca7 Sm Liter Special st 55 04D Clencaal 45=.GO 00 LIJ LIJ r h r r tJ 0 0. tJ U 23- Packet Pg.326 F.7.c �` a�..t,w-;",�"ff � f '15.a.E!%sir t ,k fk,.+A,.,a.f pr<rqu n n P II,-A5 PA..",NM 131�r Lc54.3 T.1 4 N 7 U PROF ESSI AL5 RVICEPEES HEDOIL CL CatL�gror t°t ,url kat 01 Ad mini stra.iuL Ass,aslarit 50.00 � i Prindpal 190.00 E 72 Lxp rs WiCnels T estiriiejny 2Sf-00 75 Model SpedaliSt $100.,w 7tm It irfCl Pu,odelnr SISO.a) 77 GIS Specialisr,, lflf-00 r9 78 Prruaou Surveyor $95.00 CD 9 S�Lmior Prof c-_Surwc)yor. 110-00 CD 80 Prof essiunaI Surveyor&Mapge tPSM} 120-00 � 81 Sfur'veV Party .2)Verson 110-00 82 Suraveyr Party gal Parson $130.00 � 83 Sfurv"Laser Scar7ning 2Sf-00 90 Ut l'ity Cn2w Supervisor $80-00 � 1 Utility f�chmcian 70-00 92 utility Project Managor $100.00 93 Utility Project Lnglno r Sl�0.00 `�S Ut I ity Coordinator nator 120-00 r 96 Utility D,esig;rf zing,GPR $200-00 7 Vacuum Lxc waiion Tc�s,i,iol_a(Pervious Surfao2) 2SO.OQ/L c.h, 98 vacuum Lxr-avaaion Test,Ciole(lzrfpervious Surface) 450., QIE,3;h, r ram. r r CJ 0 0. m CJ 24- Packet Pg.327 F.7.c TIEFzRA,','0J TPt Pt DRIDP.,IIP40 UNIT FLEE SCHEDJLE;FIELD.AND L &DRATORY TE1TPNG SERm+ICE0l: I JM Y'LlMs jnIt Plea Tool I'...,. FIELD INVESTIGATION. Mloblllrza;iun of Wen and Equipment Trod.-Mloumed Egupmert Earl 0 5 MO.00 5 O.00 ape^.,allm A.T"::Pl`ulbuv Ea'h 0 6 700.DO 5 O.00 Supporl Vehlcp- Eacl 0 �� u C=50.0c 5 O.O Barge-Vsunled Equipment Day 0 5 6500.110 5 0.13C CL Crane Reaia€ -iour 0 a 010.00 5 0.00 Crash.4kipnuasTruck -lour 0 a 1,60.00. 5 0.00. Barge MAobllmllon LS 0 a 100M.00 5 0.00. Support Banat Day 0 5 500.00 5 0.00 Open' 'osa Guard FRall Each 0 a HO.DC 5 0.00. U atandard Perlelrall-ri Test Bcrqgs ;By Travl Moumen Enaulpment) Lard: 0-50 R demh L.P. 0 5 14 00 5 0.0c Ed-10G P CD depkn L.F. 0 a 16 0C 5 O.OG. 00-150 it.Opplh L.P. 0 5 24M 5 0.00 Skandard Perletrall ri Teel Borrge CD Cy Oy ATIfil:"m udbug) Larry: 0-50 P depths L.P. 0 a 15.13G, 0.00. Qy 50-100 r,depM L.F- 0 5 13 OE 5 O.00= 00-I r c=A epplh L.P. 0 a 30.0G. 0.6G.. Skandard Perietrall ri Teel Borrge aBy CME 360,"Tra> -Mlouhle®) � Land: 0-50 I'demh L.P. 0 5 17.00 5 0.00 5+1-1001`depkn L.F. 0 a 19.0C 5 0.00.. 00-151.It aeplh L.F. D a 32.00 0.0: Skandard Perielrall ,Teel Borrge f.;By Barge-M1 OJr6e0 Equip`ehl') Larry: 0-50 P depths L.P. 0 a 20.0C 5 0.00. r„ 50-100 P depkn L.F. D a 2`.0: 0.0: "..00-I r c=A a�aplh L.P. 0 a 60.OG.. O.OG.. : mjt-Sear:Borenolee ;By Tract-Moumen Enaulpment) Lard: 0-50 0 devlh L.P- 0 5 6-0 5 O.00= 5q-105 I`d ep k t L.F- 0 6 6 13C. - O.tp6 00-1501T a'pplh L.P- 0 5 aC 5 0.06 -: mjt-Sear:9orenolee By ATVM Udbrg) Larry: 0-50 P depths L.P. 0 a _ 55 0.00. r 5+0-100 P depkn L.F. 0 a 6 5 55 0.0: ',.00-I r c=A applh L.P. 0 a 10.13C 5 O.OG.. Gmare-Sear:E9orenolee Uj (By CME 360,"Tra> -Mlouhle®) Lard: 0-50 0 demh L.P- 0 5 3.25 5 O.00= Uj 50-10G r,depkn L.F. 0 a 9.50. O.OG.. 00-150 t..dpplh L.P. 0 a 1 6 :, 0.01 0. : mjt-Sear:Borenolee ,;&y Eta#ge-M,,Ir6e^EgWp-rehl) t� Lary: 0-50 P depths L.P. 0 a 9.13C 5 0.00. 50-100 P depkn L.F. 0 a 10.660 ` 0.00 y ',.00-I c1 A applh L.P. 0 a 16.0C 5 0.00.. CD Paget,-`3 U 25- Packet Pg.328 F.7.c TIERRA,'0JTH FLCRIDA,INC LNIT FEE SCHEDJLE;IFB-D AND LABORkTOR?TEST4,NG GERVICECk 1as nq Ah3rraance, ,5y Truck-Mour Ec Equ! man111 ¢ Land: 0-50 1`dep-h L.F. 0 a 8.01, 5 O.OU. U 513-100'i�dE, ptn L.F, 0 a +3.7c. 5 .0E:, QO-15Z 11 cepth L.F. 0 r 1 1.5c 5 0.00CIL Cas:rrg Abo-k3nce i_ard: 0-FO I`dep„ih L.F. 0 5 S.T°. 5 OLD 50-100 P deattr L.F. 0 a 13.2E O.00' °,.00-I"K A gepth L.F.. 0 a 16.5c 5 OLE, Cas:rrg P,Nhnwarics r°Ey urNE 850,"Tra>; -Moun1e2 7 Lard: 0-50 P.dep"Nh, L.F. 0 r 12M 5 0.00' 53-IOU I'deprn L.F. 0 5 14. c, 5 O.OL CD 00-15e 1't depth L.F. 0 a 16.5c 5 ME CD Cas,'ng Ahnwancs r;EyE,vge-M nrurle®Equlr°rert, Land: 0-50 P dep,;h, L.F.. 0 a 13.5c 5 OLE, ®3 5+0-10 E I°cIepth L.F. 0 5 16.5E 5 O.O 00-151'1t cepth L.F. 0 a 18.7E 3 O.00' � Sock Coring r:vlrL lure��..;::: 0) Ey Tr ct-Mourled Equkpmervp 5 -100 P beep L.F. 0 r 82.5C 5 0.00' 3,ack Coring(StrLolures;< =Ey A,VMudbug) O-"a I seep L.F. 0 5 75.01_, 5 O.OLr 5+0-100 r,deep L.F. 0 a 85.00 5 O.00' r 4o6t Cbrl,g rCtro lures., E y CM E 8561°Track-NJ ru nled 0'-ra I Seep L.F. 0 r 75.0G 5 0.00' 50-1 OLD I°clesp L.F. 0 5 35.01, 5 0.05 � 3,ack uorrng gUlrvnAures} W Ey Barga-Va anted EquipmEnt? Z-53"1 veep L.iF. 0 a 76.13C .- 0.00' r 5+O-100 P a7eep L.F.. 0 a 35.0C. 50.00'. h 00-15 It Gee p L.F. 0 5 95.0E 5 O.O r r Frey PezrieaMlht Teets I;Eore`i:.ce aerra.'E Each 0 a 4E0.00. :, 0.00:.. Flagmoery&Earriendes„2 rear crew) Day 0 5 COO.01= 5 O.OU CJ Fagmen&Earroades,2 man crew) NIgnt 0 r 1230.00 5 0.00' Uj Frarla-a aaB oIme,,;Trap Cor=.rcv< Hour 0 a E0.00 5 ME Sr.Eng Tech r m nc Cnntml 'flour 0 5 W.3C 5 O.OU Arl"DW Rer:iai.lgr: Day 0 a 106.6E" : OLE, CWE5 B1TMMdE—.: Day 0 a 250.00. O.00'. 'amble ME,85age BOITC1 Day 0 5 v75.00 5 O.O Auger Eor.:ungs;RoaM=ay L.F, 0 a 10.5O. . OLE,. page 3 26- Packet Pg.329 F.7.c TIERRA OUTH FLORIDA.,INC UP41T FEE'v=CHEDULE FtELD AND LAEOR.ATOR`sf TE17'1NG GER.VI EGG Ex"'ra. pl Dp=o Samples Lagr& 0-51 I't depth Each 0 a 42.02, 5 ME Eacn 0 r =8.02, 5 ME, iana',Molt amass f'2-mar creep^ Day 0 a C00.00 . 0.015 � 2-Inch P4r"au elter Ins?MaVon L.P. 0 5 O.O CIL .�t.�rr�a :De- enLarrSrfalV r, -lour 0 a 200.02, . O.Ot=.... IDrill Rig;a Crew, mlezvu�leaer aermft Eacn 0 a 70.02, 5 ME, � U DouaIe Rling Ir1irarmn.Test Eacn 0 5 ROOM 5 ME mavement Co re.,A.sMali Eacn 0 5 1175.0C: 5 0.00' M meuemoe•<,rCre ,icrare..e Eacn 0 a 1i05.021. . ME, CD LA5ORATORY TES TING CD 1I.ahunI MoIsture Content T Esls Eacn 0 i MOD .g 0.00CID Sralrr-uIze AnalysIs-FLP 0raaaton. Each 0 a 135.02, 5 ME �radrn-O ae na p`sIs 'ngre: leve Each 0 5 30.02 .g ME Org+anlc.Confer:Testis Eacn 0 r 50.02, . O.Ot=.... � Ativberg LInItTe Is Eacl 0 a 86.01 .5 O.OI= Enrrlrn,nr`IerTari Tests.I`pvl,suntee, Eacl 0 5 1115.00 5 O.O IoMaies,re:sWIvltyf J{Ilt Welghi DeteTnlrlalJ',l Eacl 0 5 EO.00 5 O.O r Roca Corlp esslean Test Eacn 0 a 1,10.02, . ME, Opllt TensM Test, Eacn 0 5 1110.02 5 0.00, LE,R 7esi Eacrn 0 5 '320.02 5 0.00 mer'meabrOly Tes.-Farlingf Head Each 0 r 275.02, 5 O.OE, •� P' Mvi-v=zewtE.f1FlydmmF,F-r Eacl 0 a fi2'a.0 0.01 h r Carnp€e-repara"n-'el 40ur 0 5 75.0Z 5 0.0E � r+,-ect`&riex STrength Test€,':PolmA Each 0 a 2130.02, 5 O.Ot=.... LU LU 0 t. CID Page 1, 3 U 27- Packet Pg.330 F.7.c TIERR: .SOUTH FLORIDA,INC UNIT FEELCHECILLE,ENCIINEE9IP4C-LEF.VICES'i LIM a'U nq.-4 Ualtp1ce Total ENGINEER,INWO RD(I PATIO U mmmWpal EnglrEer Hour 0 5 175.00 5 0.00 � 0 er,4:;r Emglrear -lour C u 150.00 5 ME L- CL Pm�,ecz Ergln r Hour 0 5 125.70 5 ME Ser,43r 7ecfSIr1Ua€an -lour 0 u 75.00 ; 0.00 U Tacnlvdar: How 0 5 6.5.70 5 0.00CD ' � M CD co LU LU r r h r r 0 0. U PagE 11 of 1 t8 28- Packet Pg.331 F.7.c ATTACHMENT B APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT 0 CL cD u CD co co CD 0. m 29- Packet Pg.332 F.7.c LOCAL AGENCY PROOF-Al FEDERAL AID TERRIS 1,75-o40-84 For PROFESSIONAL SER\ICES CONTRACTS PROGRAM rt NAGErAENr 04+15 Page 1 rid 3 TERMS FOR FEDERAL AID CONTRACTS fARPENDIX Il: The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: � A. It is understood and agreed that all rights of the Local Agency relating to inspection,review,approval, CL patents,copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records ¢ relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. 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 cB of the U.S. Department of Transportation,anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations:relative to nondiscrimination in cy Federally-assisted programs of the U.S.Department of Transportation Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time..(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant.with regard to the,vork performed during the contract,shall not discriminate py on the basis of race,color,national origin,sex,age,disability,religion or family status in the selection and retention of subcontractors,including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. � E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant,either by competitive bidding or negotiation for work to be performed under a subcontract, 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 r directives issued pursuant thereto and shall permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Local Agency Florida Department of Transportation, Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information,the Consultant shall so certify to the Local Agency,Florida Department of Transportation,Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to obtain the information. r G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract,the Local Agency shall impose such contract sanctions as it or the Florida Department r of Transportation, Federal Transit Administration, Federal Aviation Administration,and;or Federal Motor Carrier Safety Administration may determine to be appropriate,including,but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation,termination or suspension of the contract,in whole or in part. O H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations,order, CJ or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or � procurement as the Local Agency,Florida Department of Transportation, Federal Highway Administration,Federal Transit Administration. Federal Aviation Administration,and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions,including sanctions for noncompliance. In the event a Consultant ``ry becomes involved in,or is threatened with,litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency,and,in addition,the Consultant may request the United States to enter into such litigation to protect the interests of the United States. I. Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1954(42 U.S.C.§2000d'et � seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4501),(prohibits unfair treatment 30- Packet Pg.333 F.7.c LOCAL AGENCY PROGRAM FEDERAL-AID TERNIS 3Ts-040-24 For PROFESSIONAL SERVICES C ONTRACTS PRo�P�rn ra NaoernFNT 94t15 Page 2 of 3 of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid High.vay Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex);Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on the basis of disability); � and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age), Airport and Airway Improvement Act of 1982, (49 USC§471, Section 47123), as amended. (prohibits discrimination based on race,creed, color, national origin, or sex);The Civil Rights Restoration Act '- CL of 1987, (PL 100-209), (Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms''programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III Of the Americans with � Disabilities Act.which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 12131 -- 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 36; The Federal Aviation a) Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Loa,-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and Iov-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to � ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education Z programs or activities(20 U.S.C. 1681 et seq). J. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. K Interest of Public Officials: No member,officer,or employee of the public body or of a local public body during his tenure or for one year thereafter 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. � L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race.color,national origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to 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. r M. 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 Laud. Accordingly, United , States Code,Title 18,Section 1020,is hereby incorporated by reference and made a part of this Agreement. N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR,Section 26.51,was erroneous when submitted or has become erroneous by reason of changed circumstances,the Consultant shall provide immediate written notice to the Local Agency.It is further agreed that the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Longer Tier Covered Transaction"as set forth in 49 CFR,Section 29.510,shall be included by the 0. Consultant in all lover tier covered transactions and in all aforementioned federal regulation. U O. The Local Agency hereby certifies that neither the consultant nor the consultants representative has been required by the Local Agency,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract,,to 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 Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws, 31- Packet Pg.334 F.7.c LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-C40-84 For PROFESSIONAL SERVICES C ONTRAC"TS P�ooR�rn���noErn4Nr oar 1 s Page 3 0f 3 both criminal and civil. P. The Consultant hereby certifies that it has not: 1. employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or person(other than a bona fide employee vvorking solely for the above contractor)to solicit or secure CL this contract; 2. agreed',as an express or implied condition for obtaining this contract,to employ or retain the services of any E firm or person in connection with carrying out this contract;or � 3. 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 Local Agency,the State 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. co LU LU r h r r tJ 0 0. tJ 32- Packet Pg.335 F.7.c Revised 01r201 APPENDICES A and E During the performance of this contract, the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the"Contractor")agrees as follows: � (1.)Compliance with Regulations: The Contractor shall comply with the Regulations relative to CL nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USD07) Title 49, Code of Federal Regulations, Part 21, as they may be 0) amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard' to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of r9 materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, includingCD employment practices when the contract covers a program set forth in Appendix B of the Regulations. a) (3.)Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of � equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race,color, national origin, sex, age,disability,religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,other sources of information, and its facilities as may be determined by the Florida Department of Transportation; the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the < Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor the Federal Motor Carrier, Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the r� information. r r (5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the CJ 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, andlor the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: 0. a. withholding of payments to the Contractor under the contract until the Contractor complies, andlor b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit I 33- Packet Pg.336 F.7.c Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. CL (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of E race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.G. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), cy (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, CD (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); CD and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms`:programs or activities"to include all of the programs or � activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with _ Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities (42 U.S.C. §§ 12131 -- 12189)as implemented by Department of r Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's lion-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Lew-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects `-' on minority and low-income populations; Executive Order 13166, Improving Access to c Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended', which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). 0 0. U �r 34- Packet Pg.337 F.7.c ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts CO CO CO 0. 35- Packet Pg.338 F.7.c 3TS-030.33 PROCUREMENT 10101 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) CL The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee 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 a, 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.) o 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 co c, 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. 0. Name of Consultant: CJ Paul G By: Date: Authorized Signature P Title: President 36- Packet Pg.339 F.7.c STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030,32 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROCUREMENT 11/15 INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended,proposed for debarment,declared 0 ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. CL Name of Consultant/Contractor: Kisinger Campo Associates,Corp. By_ Paul G.Foley,P.E. a) Date: 01/04/2018 Title: President Instructions for Certification CD Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b-The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily r excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor)."Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). `-' e.The prospective 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, r declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. CJ f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 0 g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended,debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may,but is not required to,check the Excluded Parties List System website (https://www.epis.gov/),which is compiled by the General Services Administration. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i.Except for transactions authorized under paragraph e of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 37- Packet Pg.340 F.7.c STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 OCURE ENT CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PR OGC-3/17 FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that I will recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable CL observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships) which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation("Department')related to the procurement of the above-referenced("Project')that I gain access to as a result of my involvement with the Project("Procurement Information").I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to,documents submitted to the Department by entities seeking an award of the Project("Proposers").I understand that Procurement Information may include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals, financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree �y not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been r approved by the Department("Project Personnel').I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such request to the Department's Procurement Office.I will also maintain security and control over all documents containing Procurement > Information which are in my custody. I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under E consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and _ rules governing or applicable to the Department or may otherwise be a violation of the law. r I agree not to engage in bid tampering,pursuant to Section 838.22,Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22,Florida Statutes.. Advertisement No./ Description Financial Project Number(s) Solicitation No N/A On-Call Professional Engineering Services N/A r r r CJ Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification. 0 Printed Names Signah!.�s Date Paul G.Foley,P.E./Principal-in-Charge 01/04/2018 M y � 38- Packet Pg.341 DATE(I ? F.7.c ,4`�o�® CERTIFICATE OF LIABILITY INSURANCE 1/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Vicky Van Wormer Brown &Brown Insurance-Clearwater PHONE FAX 83 Park Place Blvd., Suite 101 A/C No Ext: 727 450-7018 A/C,Noy 727-450-7083 E-MClearwater FL 33757-2456 ADDRESS: vvanwormer@bbpinellas.com INSURER(S)AFFORDING COVERAGE NAIC# CL INSURERA:Admiral Insurance Company 24856 INSURED INSURER B:The Travelers Indemnity Company of America 25666 0) Kisinger Campo&Assoc. Corp. Campo&Associates, PLLC, KCCS, Inc. INsuRERc:The Charter Oak Fire Insurance Company 25615 0) 201 N. Franklin Street, Ste. 400 INSURERD:Travelers Casualty and Surety Company 19038 Tampa FL 33602 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:528512690 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: cD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Qy INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD C X COMMERCIAL GENERAL LIABILITY Y 630-8254A604 9/1/2017 9/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) ccurrence $300,000 X Contractual MED EXP(Any one person) $10,000 'Id, X XCU Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT RO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ r B AUTOMOBILE LIABILITY Y 8108254A604 9/1/2017 9/1/2018 COMBINED SINGLE LIMIT $ Ea accident 1 000 000 c X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLA LAB X OCCUR Y CUP7J748484 9/1/2017 9/1/2018 EACH OCCURRENCE $4,000,000 P' EXCESS LAB CLAIMS-MADE AGGREGATE $4,000,000 P' DED X RETENTION$10,000 $ r� p WORKERS COMPENSATION UB2G641560 10/3/2017 10/3/2018 )( PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER U.S.L.H. ANYPROPRIETOR/PARTNER/EXECUTIVE FN] N/A E.L.EACHACCIDENT $500,000 LLJ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under 11.1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A ProfessionalLiability E000002720504 11/2/2017 11/2/2018 Per Claim 5,000,000 O Claims Made Aggregate 5,000,000 ' Deductible 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Certificate Holder is an additional insured with respect to general liability,auto liability and umbrella liability. Explosion,collapse and underground hazard included in CGL. 60 day notification of cancellation applies to certificate holder,except 10 days for non payment of premium. O CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County, a political subdivision of the State of ACCORDANCE WITH THE POLICY PROVISIONS. Florida 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.342 F.7.c COMMERCIAL AUTO POLICY NUMBER: P-810-8254A604-TIA-17 ISSUE DATE: 09-14-17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE CL This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE 0i Insurance Company: TRAVELERS INDEMNITY COMPANY OF AMERICA Policy Number: P-810-8254A604-TIA-17 Effective Date: 09-01-17 Expiration Date:09-01-18 Named Insured: KISINGER CAMPO & ASSOC CORP AND AS PER IL T8 00 Address: 201 N FRANKLIN ST, SUITE 400 ca r TAMPA FL 33602 Additional Insured (Lessor): Address: co r. Designation or Description of Leased "Autos": CJ ANY "AUTO" LEASED FOR A PERIOD OF SIX MONTHS OR MORE UNDER A LEASING CONTRACT OR AGREEMENT THAT REQUIRES ' YOU TO PROVIDE DIRECT PRIMARY INSURANCE FOR THE LESSOR. 0. Coverages Limit Of Insurance Liability $ 1,000,000 Each "Accident" Comprehensive Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ SEE ILT825 Deductible For Each Covered "Leased Auto" r- Collision Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ SEE ILT825 m Deductible For Each Covered "Leased Auto" Specified Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus$ Causes Of Loss Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 01 03 06 © ISO Properties, Inc., 2005 Page 1 of 2 Packet Pg.343 F.7.c COMMERCIAL AUTO A. Coverage 2. The insurance covers the interest of the les- 1. Any "leased auto" designated or described in sor unless the "loss" results from fraudulent the Schedule will be considered a covered acts or omissions on your part. "auto" you own and not a covered "auto" you 3. If we make any payment to the lessor,we will CL hire or borrow. obtain his or her rights against any other 2. For a "leased auto" designated or described party. in the Schedule, Who Is An Insured is C. Cancellation changed to include as an "insured" the lessor 1. If we cancel the policy, we will mail notice to0. named in the Schedule. However, the lessor the lessor in accordance with the Cancella- is an "insured" only for "bodily injury" or tion Common Policy Condition. "9 "property damage" resulting from the acts or omissions by: 2. If you cancel the policy, we will mail notice to the lessor. a. You; 3. Cancellation ends this agreement. b. Any of your"employees"or agents; or CD D. The lessor is not liable for payment of your C. Any person, except the lessor or any premiums. "employee" or agent of the lessor, operat- ing a "leased auto" with the permission of E. Additional Definition any of the above. As used in this endorsement: 3. The coverages provided under this endorse- "Leased auto" means an "auto" leased or rented ment apply to any "leased auto" described in to you, including any substitute, replacement or the Schedule until the expiration date shown extra "auto" needed to meet seasonal or other in the Schedule, or when the lessor or his or needs, under a leasing or rental agreement that her agent takes possession of the "leased requires you to provide direct primary insurance auto",whichever occurs first. for the lessor. B. Loss Payable Clause m 1. We will pay, as interest may appear, you and < the lessor named in this endorsement for co c, "loss"to a "leased auto". CJ 0 0. CJ An Page 2 of 2 © ISO Properties, Inc., 2005 CA 20 01 03 06 Packet Pg.344 F.7.c COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED Q) (CONTRACTORS) CL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 0 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract m a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for _ of "your work" to which the "written contract which the "written contract requiring insur- _ requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is < this Coverage Part shown in the Declarations available to the additional insured for a loss we co exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, CJ quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III —Limits Of Insurance. for such loss, and we will not share with that0. "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 02005 The St. Paul Travelers Companies, Inc. P Packet Pg.345 F.7.c COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this condition does not affect whether the insur- persons and witnesses; and ance provided to the additional insured by CL iii. The nature and location of any injury or this endorsement is primary to 'other insur- damage arising out of the 'occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. 0. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit" as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the _ with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and — otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. co r�. CJ 0 0. CJ Page 2 of 2 02005 The St. Paul Travelers Companies, Inc. CG D Packet Pg.346 DATE(P F.7.d.. AC"R"® CERTIFICATE OF LIABILITY INSURANCE 09/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Vicky Van Wormer NAME: Brown&Brown of Florida,Inc. a/CNri Ext: (727)461-6044 a c,No): (727)442-4695 Pinellas Division E-MAIL vvanwormer@bbpinellas.com ADDRESS: 83 Park Place Blvd,Suite 101 INSURER(S)AFFORDING COVERAGE NAIC# Clearwater FL 33759 INSURERA: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: The Travelers Indemnity Company of America 25666 Kisinger Campo&Associates,Inc.KCCS Inc INSURER C: Travelers Property Casualty Company of America 25674 Campo&Associates,PLLC INSURER D: Travelers Casualty and Surety Company 19038 201 N Franklin St,Suite 400 INSURER E: Admiral Insurance Company 24856 Tampa FL 33602 INSURER F COVERAGES CERTIFICATE NUMBER: 20-21 Master-5M PROF Li REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL SUL3K POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CD DAMAGE TO RENTED 300,000 CLAIMS-MADE FX OCCUR PREMISES Ea occurrence $ CD X Contractual Liab MED EXP(Any one person) $ 10,000 A X XCU included Y 6308254A604 10/01/2020 10/01/2021 PERSONAL&ADV INJURY $ 1,000,000 py MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000PRO- 2,000,000POLICY JECT ❑ LOC PRODUCTS-COMP/OP AGG $: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B X OWNED SCHEDULED Y 8105N338364 10/01/2020 10/01/2021 BODILY INJURY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ P X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4,000,000 O C EXCESS LAB CLAIMS-MADE Y CUP7J748484 10/01/2020 10/01/2021 AGGREGATE $ 4,000,000 DED X RETENTION $ 10,000 $ � WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER Y/N 500,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE N/A U87JO70308 10/03/2020 10/03/2021 E.L.EACH ACCIDENT $ `'� OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per Claim 5,000,000 E Professional Liability Claims Made E000002720507 10/01/2020 10/01/2021 Aggregate CJ Retro Date 11/02/2014 ggate 5,000,000 g Deductible 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) [Job#:1201757.00 Job Type:] Certificate holder is an additional insured with respect to general liability,auto liability and umbrella liability.Endorsements available upon request.Waiver of Subrogation applies to general liability and workers compensation&employers liability.Explosion,Collapse&Underground hazard included in CGL. (, 7 I r By CERTIFICATE HOLDER -w~ ICELLATION WOW KJKXYW�- IOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners(BOCC) ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD packet Pg.347