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Item F29 F.29 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: F29 Agenda Item Summary #11339 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Tyler Jackson (305) 393-5450 N/A AGENDA ITEM WORDING: Approval to award a Contract to Kisinger Campo and Associates for Engineering Design and Permitting services for the Tubby's Creek Bridge Replacement Project on Card Sound Road in the lump sum amount of$758,804.86. The project is partially funded by a Local Agency Program (LAP) grant from Florida Department of Transportation. ITEM BACKGROUND: Monroe County needs to replace Tubby's Creek Bridge on Card Sound Road, which includes Engineering Design and Permitting. Staff applied for and was awarded Federal Funding for the Engineering Design and Permitting in Florida Department of Transportation FY 2023. After the completion of negotiations with the highest ranked respondent, staff is requesting award of contract to Kisinger Campo and Associates in the lump sum amount of $758,804.86. The Local Agency Program grant fund will fund $567,000, and the remaining $191,804.86 will be funded with local funds. PREVIOUS RELEVANT BOCC ACTION: BOCC Approved by Resolution of a Local Agency Program Agreement in the amount of$567,000 between Monroe County and Florida Department of Transportation for Federal funding for the Engineering Design and Permitting of the replacement of Tubby's Creek Bridge (4904982) on Card Sound Road on July 20th meeting. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval as Requested DOCUMENTATION: Contract Tubby's Creek Executed FINANCIAL IMPACT: Packet Pg. 1589 F.29 Effective Date: 11/15/22 Expiration Date: 11/15/24 Total Dollar Value of Contract: $758,804.86 Total Cost to County: $191,804.86 Current Year Portion: FY 2023 $758,804.86 Budgeted: YES Source of Funds: FDOT LAP Grant 401-22590-SC_00103 CPI: N/A Indirect Costs: None Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: $567,000 County Match: Insurance Required: Yes, Insurance provided upon approval Additional Details: 11/15/22 401-22502 - CARD SOUND ROAD $191,804.86 REVIEWED BY: Judith Clarke Completed 11/01/2022 1:41 PM Christine Limbert Completed 11/01/2022 2:01 PM Purchasing Completed 11/01/2022 2:36 PM Budget and Finance Completed 11/01/2022 2:40 PM Brian Bradley Completed 11/01/2022 2:51 PM Lindsey Ballard Completed 11/01/2022 3:38 PM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg. 1590 F.29.a CONTRACT AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR TUBBY'S CREEK BRIDGE REPLACEMENT PROJECT FPN 447769-1-38-01 CL This Agreement ("Agreement") made and entered into this 15th day of November 2022 by 2 and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as -119 "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), t2 AND Kisinger Campo and Associates, Corp., an Engineering Consultant of the State of Florida, whose address is 201 N. Franklin Street, Suite 400, Tampa, FI 33602, its successors, and assigns, hereinafter referred to as "CONSULTANT", c� WITNESSETH: 0 U WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for Engineering Design and Permitting Services for Tubby's Creek Bridge Replacement Project; U, and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to Engineering Design and Permitting Services for the Tubby's Creek Bridge Replacement Project; and 0 NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT X ARTICLE 1 U 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations t0 necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying -5- Packet Pg. 1591 F.29.a work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and c) regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 0 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT 0 or any of his/her employees, contractors, servants, or agents to be employees of the Board c) of County Commissioners for Monroe County. U) 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 0 1.1.8 The CONSULTANT shall complete the scope of services no later than 18 months after the award date for the design of the Tubby's Creek Bridge Replacement Project. ARTICLE II SCOPE OF BASIC SERVICES X 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, c) deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. The Consultant shall comply with the requirements of section 337.015, F.S. Claims against the Consultant for time overruns and substandard work products not in conformance with contract specifications shall be vigorously pursued. 2.3 NOTICE REQUIREMENT -6- Packet Pg. 1592 F.29.a All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator c) 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: c� Kisinger Campo &Associates, Corp. 201 N. Franklin Street, Suite 400 Tampa, FL 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 76 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 respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. FDOT will not fund additional services other than the scope as set forth in Basic Scope of Services. Any additional services must be funded and approved by the Board of County Commissioners. U ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including c) physical location of work, county-maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions 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. -7- Packet Pg. 1593 F.29.a 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. U 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to, will be provided as requested. ARTICLE V 0 INDEMNIFICATION AND HOLD HARMLESS U) 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, or76 intentional wrongful conduct of the CONSULTANT, subconsultant(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. U 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended, as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the t0 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. -8- Packet Pg. 1594 F.29.a 5.5 This indemnification shall survive the expiration or early termination of the Agreement. 5.6 FDOT INDEMNIFICATION To the extent provided by law, CONSULTANT shall indemnify, defend, and hold harmless the COUNTY and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of CONSULTANT, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by CONSULTANT. The foregoing indemnification shall not constitute a waiver of the Department's or COUNTY's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by CONSULTANT to U indemnify COUNTY for the negligent acts or omissions of COUNTY, its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by CONSULTANT to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." ARTICLE VI 0 PERSONNEL n� 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel (and provide resumes) to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: ° 76 0 NAME FUNCTION CL CL Project Manager Austin Slack Structures FOR Deborah Hernandez-Cedeno Roadway FOR Martin Horwitz PD&E/Public Involvement Robert Whitman Environmental/Permitting Drainage FOR U 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, but this does not require a formal amendment to the Agreement. 0 U ARTICLE VII COMPENSATION 7.1 COMPENSATION BASED ON DESIGN PHASES -9- Packet Pg. 1595 F.29.a 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S performance of this Agreement based on work completed. The Total Estimated Lump Sum Amount of Seven Hundred and Fifty-Eight Thousand, Eight Hundred and Four Dollars and Eighty-Six Cents ($758,804.86) will apply to this Agreement. Consultants detailed proposal is included as Attachment B. The CONSULTANT shall be paid monthly. The total lump sum fee of$758,804.86 will apply and is estimated as follows: KCA Fee Project Management $36,773.14 Public Involvement $24,515.42 Roadway/Maintenance of Traffic $57,166.96 c) Signing and Pavement Markings $12,513.42 Drainage $32,099.10 Structures $352,440.75 Environmental Permitting $68,144.26 Total $583,653.05 Subconsultant Fee 0 Costal Engineering — Intera $39,016.79 c) Utility Coordination/Survey/SUE-MGVera $59,507.54 Cultural Resources —ACI $12,896.32 Geotech —Tierra South Florida $60,794.40 Lead/Asbestos Survey— Interek $2,936.76 Total $175,151.81 0 Total Design Fee Total $758,804.86 7.2 PAYMENTS c� 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly based on specific rates of compensation. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. U (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 c) CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. -10- Packet Pg. 1596 F.29.a 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County 0 Commissioners. U 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 0 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 U 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: t0 A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. c� B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. -11- Packet Pg. 1597 F.29.a C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000 per Person, $500,000 per Occurrence, $200,000 Property Damage or $1,000,000 Combined Single Limit. c, 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 48 months following the termination or expiration of this contract. E. Engineer's Errors and Omissions insurance of $1,000,000 per occurrence and 0 $2,000,000 annual aggregate. If coverage is provided on a claims made basis, an c) extended claims reporting period of four (4) years will be required. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONSULTANT shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance/Engineer's Errors and Omissions insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONSULTANT 0 arising out of work governed by this contract. 76 0 F. FDOT shall be named as Certificate holder, and the County shall be named as additionally insured and certificate holder as well on policy with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. c� G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. c) H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY and FDOT as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. 0 U ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS ° -12- Packet Pg. 1598 F.29.a Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners U) for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. t0 9.4 NO THIRD-PARTY BENEFICIARIES ' Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION 76 A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate t i this agreement for cause with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to c) termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of -13- Packet Pg. 1599 F.29.a the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONSULTANT shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. c, E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. L) F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the ° Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met." 9.6 CONTRACT DOCUMENTS X This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B, C, D, and E, and c) 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. c� 9.7 PUBLIC ENTITIES CRIMES 0 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontract— 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 -14- Packet Pg. 1600 F.29.a Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONSULTANT has been placed on the convicted vendor list. U 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. c� 9.8 MAINTENANCE OF RECORDS AND THE RIGHT TO AUDIT 0 CONSULTANT shall maintain all books, records, and documents directly pertinent to U performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten years from the final payment or termination of this agreement or from the final expenditure report as per 2 C.F.R. 200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for ten 0 years following the final payment or termination of this Agreement. If an auditor employed 76 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. c� The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work U) sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that U may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, -15- Packet Pg. 1601 F.29.a overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and consultants representatives. All records shall be kept for ten (10) years after Final payment or termination of this agreement. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES U 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 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with 0 the Florida Rules of Civil Procedure and usual and customary procedures required by the U circuit court of Monroe County. U) 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a 0 court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of 76 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. 9.11 ATTORNEYS FEES AND COSTS t2 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. U 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. -16- Packet Pg. 1602 F.29.a 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. c, 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision 0 does not negate or waive the provisions of paragraph 9.5 concerning termination or c) cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and 0 CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION X The parties 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 U) party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the c) Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC§§ 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 -17- Packet Pg. 1603 F.29.a or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONSULTANT, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating U to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, U without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, 0 notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. > 0 2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. X 3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or c, applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an 0 investigation, proceeding, hearing, or action, including an investigation conducted U by the employer, or is consistent with the contractor's legal duty to furnish information. c� 4) The CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising -18- Packet Pg. 1604 F.29.a the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, t i and orders. 7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as c) provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. U, 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS c� COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public c, 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 0 nor retained any company or person, other than a bona fide employee working solely for it, c) 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 -19- Packet Pg. 1605 F.29.a full amount of such fee, commission, percentage, gift, or consideration. If federally funded by FHWA, FAR 52.203-5 Covenant Against Contingent Fees applies to this Agreement. 9.21 PUBLIC ACCESS. Public Records Compliance. CONSULTANT must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and CONSULTANT 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 CONSULTANT in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision shall be deemed a material c) breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONSULTANT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONSULTANT is required to: 0 (1) Keep and maintain public records that would be required by the County to c) perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public 0 records disclosure requirements are not disclosed except as authorized by law for the 76 duration of the contract term and following completion of the contract if the CONSULTANT does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONSULTANT or keep and maintain public records that would be required by the County to perform the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for t2 retaining public records. All records stored electronically must be provided to the County, U) 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 requested records, the County shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the County or allow the records to be inspected or copied within c) a reasonable time. If the CONSULTANT does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the CONSULTANT. A CONSULTANT who fails to provide the public -20- Packet Pg. 1606 F.29.a records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONSULTANT 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. c� IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT 'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(aD-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. t i 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, 0 nor shall any contract entered into by the COUNTY be required to contain any provision for c) waiver. U) 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to 0 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 0 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 X Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof U) by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 0 c, 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall -21- Packet Pg. 1607 F.29.a 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 c� CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract fee and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY 0 c� 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, 0 and no member, officer, agent or employee of Monroe County shall be liable personally on c) this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be 0 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 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 448.095, the Consultant and any subconsultant shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Consultant during the term of the Contract and shall expressly require any t2 subcontractors performing work or providing services pursuant to the Contract to likewise U) utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subconsultant during the Contract term. Any subconsultant shall provide an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. The Consultant shall comply with and be subject to the provisions of F.S. 448.095 0 c, 9.30 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 -22- Packet Pg. 1608 F.29.a 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 consultants shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. For specific instructions, refer to FDOT form 275-030-11 as Attachment D. 9.31 UNCONTROLLABLE CIRCUMSTANCES Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such U Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any 0 governmental authority prohibiting work in the geographic area of the Project;(each, a U "Uncontrollable Circumstance"). CONSULTANT'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Consultant under this Section. Consultant shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Consultant shall use all diligent efforts to end the 0 Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are 76 minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Consultant may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 9.32 FEDERAL CONTRACT REQUIREMENTS X The CONSULTANT and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as t2 amended including but not limited to: U) 9.32.1 Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, the Federal Water Pollution Control Act as amended, and the National Environmental Policy Act and will report violations to FDOT, FEMA, and the Regional Office of the Environmental Protection Agency (EPA), as needed. U 9.32.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, 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 -23- Packet Pg. 1609 F.29.a supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a 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. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), 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, "Consultants and Subconsultants 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. (1) Consultant. The consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The consultant or subconsultant shall insert in any subcontracts the clause above and such other clauses as the FEMA may 0 by appropriate instructions require, and also a clause requiring the 76 subcontractors to include these clauses in any lower tier subcontracts. The prime consultant shall be responsible for the compliance by any subconsultant or lower tier subconsultant with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a consultant and subconsultant as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each consultant and subconsultant must furnish each week a statement with respect to the wages paid each of its U employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the consultant or subconsultant, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. U 9.32.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, 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 -24- Packet Pg. 1610 F.29.a 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No consultant or subconsultant consulting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess U of forty hours in such workweek unless such laborer or mechanic receives U) compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the consultant and any subconsultant responsible therefor shall be liable for the unpaid wages. In addition, such consultant and subconsultant shall be liable to 0 the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated U) damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted 0 to work in excess of the standard workweek of forty hours without payment of 76 the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the consultant or subconsultant under any such contract or any other Federal contract with the same prime consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime consultant, such sums as may be determined to be necessary to satisfy any U liabilities of such consultant or subconsultant for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The consultant or subconsultant shall insert in any , subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring the subconsultant to include these clauses in any lower tier subcontracts. The prime consultant shall be responsible for U compliance by any subconsultant or lower tier subconsultant with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4). c� 9.32.4 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 -25- Packet Pg. 1611 F.29.a the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.1 Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended—applies to Contracts and subgrants of amounts in excess of $150,000. The consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal Agency. The consultant agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 0 9.32.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award under U a "covered transaction" (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 Part 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" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of 0 parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Consultant is required to verify that none of the consultant's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). the consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including t i but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 0 9.32.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Consultants that apply or bid for an U 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 disclose any lobbying with non-Federal funds -26- Packet Pg. 1612 F.29.a that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the consultant to the county 9.32.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement c, program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available U at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement- guideline-cpg-program. The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 0 Other Federal Requirements: 0 9.32.9 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. 9.32.10 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 U) agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and consultants 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, including but not limited to 2 C.F.R. §200.321. The COUNTY and the CONSULTANT and subconsultants shall not discriminate on the basis of race, color, national origin or sex in the U award and performance of contracts, entered pursuant to this Agreement._DBE participation is a goal, not a requirement. CONTRACTING WITH SMALLAND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONSULTANT, with the funds authorized by this Agreement, seeks to -27- Packet Pg. 1613 F.29.a subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONSULTANT shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; t i v.Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 9.32.11 The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department U of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. 9.32.12 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � 200.216. Recipients and subrecipients and their consultants and subconsultants may not obligate or expend any federal funds to (1) Procure or obtain; 0 (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). X (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. `� (iii) Telecommunications or video surveillance equipment or services produced or provided U by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY and CONSULTANT should, to the great extent practicable, provide a preference for the -28- Packet Pg. 1614 F.29.a purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. The CONSULTANT is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the FDOT. U 9.32.13 Energy Efficiency- CONSULTANT will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 0 c� 9.33 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract 0 U and all consultant subcontracts. U) a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment C. b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall 0 carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of > DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the ti CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub-consultants during the term of the contract. -29- Packet Pg. 1615 F.29.a f). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29.10, Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will utilize the FDOT Equal Opportunity Compliance (EOC) web-based application designed to manage the DBE Program and ensure compliance of DBE reporting. The EOC Consultant module is for Prime Consultants to report their Bidder Opportunity List, DBE Commitments, and DBE Sub payments. The Prime Consultant is responsible for DBE reporting on Construction, Maintenance, Professional Services and Local agency contracts. FDOT has a race neutral program with an 10.65% goal. For specific instructions, refer to FDOT form 275- 030-11. Attachment D. The Bid Opportunity list (Professional Services Commitment) form is required and included in Attachment E. g). The CONSULTANT will complete and submit the most current version of the following FDOT forms included in Attachment E: U Form Number Form Name 375-030-30 Truth in Negotiation Certification 375-030-50 Conflict of Interest Certification 375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntar Exclusion for Federal Aid Contracts 375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contract 375-030-34 Standard Form-LLL, Disclosure of Lobbying Activities if required) 375-030-83 Bid Opportunity List— Prof Services Commitment Form h). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT requirements utilizing the appropriate FDOT form after final acceptance as part of the project closeout process. 0 i). Acquisition of tangible capital assets for COUNTY ownership through service contracts is normally not acceptable. The requirements of Rule 60A-1.017, F.A.C., must be considered when this is necessary. Property acquired as part of a service contract must be handled in accordance with FDOT Procedure No. 350-090-010, Tangible Personal Property Procedure. c� j). Allowable Costs: CONSULTANT shall refer to Code of Federal Regulations: 48 C.F.R. Part 31, Subpart 31.2 - Contracts with Commercial Organizations for cost principles and definitions of allowable costs. A determination of allowable costs in accordance with Federal cost principles will be performed for services rendered under the contract. U k.) The Parties agree to comply with s.20.005(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.005(5), Florida Statutes. c� I.) No member, officer or employee of the Recipient, CONSULTANT or subconsultants during his or her tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. This statement must be incorporated in all contracts U related to this project. m.) For all FHWA federally funded projects: Section 287.057 F.S; 23 CFR 1.33; 23CFR 172.7(b)4; and FAR 52.203-5 will also apply to this agreement. -30- Packet Pg. 1616 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. as as (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA (D W as (D By: By: 2 As Deputy Clerk Mayor/Chairman U Date: Z 0 MONROE COUNTY A17ORNEY 0 C14RISTrNE LIMBERT-DARROWS ASSZANT COUNTY ATTORNEY DATE 10128/22 0 U U) (D 0 0 CL CL (D :3 0 (D X W 119 (D 2 U 0 U (D E 0 -31- 1 Packet Pg. 1617 F.29.a O�&ASSq" d' ,.• °Q o R, "�`, CONSULTANT Kisinger Campo and Associates AL AS eil7 6 11 %%N7 B By: ao o eys PkE. I Ronald ott Title: CEO/President Title: CFO/Senior Vice President t i END OF AGREEMENT 0 c� 0 u U) 0 0 CL CL c� x u c� 0 u c� -32- Packet Pg. 1618 F.29.a ATTACHM ENT A SCOPE OF BASIC SERVICES c� CL c, c� c, CL CL c� x c, c� c, E c� -33- Packet Pg. 1619 F.29.a Attachment A: SCOPE OF WORK 1.0 The Consultant shall provide Engineering Design Services for Tubby's Creek Bridge Replacement Project. c� The County requires the services of a firm or individual pre-qualified by FDOT for Work Group 2.0 Project Development and Environmental Studies,Work Types 3.1 Minor Highway Design, 4.2 Major Bridge Design, 7.1 Signing Pavement Markings and Channelization, 8.1 Control Surveying, 9.1 Soil Exploration, and 9.2 Geotechnical Classification Laboratory Testing, to design the plans to replace existing Tubby's Creek and Mosquito Creek Bridges to include: environmental assessment (including Level 1/11 contamination assessment, Asbestos Surveys, etc.) in accordance with Chapter 20 of the PD&E Manual, obtain required permits, t2 perform surveying, obtain required easements, and prepare construction documents. The U engineering design will conform to the Florida Department of Transportation (FDOT) design standards and include, but not be limited to, complete design of the path, stormwater management plans, inclusion of safety devices, reconfiguring ingress/egress where feasible to enhance safety, and maintenance of traffic during construction. The engineering design consultant will coordinate with the FDOT District 6 Environmental Management Office, develop, and submit any environmental and engineering information required for FDOT to prepare and complete the required environmental NEPA document per FHWA criteria. t0 a The following project specific Environmental Services have been identified as specific 0 requirements for this project: Wildlife and Habitat, Water Quality and Wetlands, Contamination, Section 4(f) Resources, Cultural and Archaeological Resources and noise impacts. These assessments must be conducted in compliance with the FDOT PD&E Manual. 0 Due to the presence of cultural resources within the project area of potential effect (APE), the Consultant shall prepare a Cultural Resource Survey (CRAS) that will need to be submitted 0 to the Planning and Environmental Management Office of FDOT (PLEMO), who will coordinate the results with the State Historic Preservation Officer (SHPO) under Stipulation VI I of the Section 106 Programmatic Agreement. The Consultant team shall include Cultural Resource Management professionals meeting the qualifications contained in Chapter 1.3 of the FDOT Cultural Resource Management Handbook (2013). These individuals will be responsible for the preparation of the CRAS documentation. U The Design firm shall be prequalified for FDOT for WORK GROUP 2.0 Project Development and Environmental Studies, WORK TYPES 3.1 Minor Highway Design, 4.2 Major Bridge Design, 7.1 Signing Pavement Markings and Channelization, 8.1 Control Surveying, 9.1 Soil Exploration, and 9.2 Geotechnical Classification Laboratory Testing. In addition, the prime consultant, at a minimum must be pre-qualified by FDOT in Type 3.1 and 4.2 with respective type of work, subconsultants may be prequalified by FDOT in remaining Group or Types of work. U The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Task Order. Pursuant to Section 4.1.5 of the FDOT's Construction Project Administration Manual (CPAM), the authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's -34- Packet Pg. 1620 F.29.a Project Administrator shall be identical to the Department's Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with the LAP requirements, FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Task Order unless otherwise directed in writing by the County. The Consultant shall comply with the conditions set forth in the NEPA including preparation of documents (Type 1 Categorical Exclusion Checklist), Level I Desktop Reviews, Level II Contamination Assessments, Asbestos Surveys, etc. in accordance with Chapter 20 of the PD&E Manual including all applicable plan notes and/or environmental commitments. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the County and the Consultant either directly or indirectly. U The Consultant shall oversee compliance with section 106 of the National Historic Preservation Act, and the Programmatic Agreement (PA) among the Federal Highway Administration (FHWA), Florida Division of Historical Resources (FDHR), State Historic Preservation Officer (SHPO), and the Florida Department of Transportation (FDOT) regarding implementation of the Federal-Aid Highway Program in Florida (Section 106 PA). 0 The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to U verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. 0 2.0 LENGTH OF SERVICE: 76 0 The Consultant services for the Design Contract shall begin upon written notification to proceed by County. The Consultant Senior Project Engineer will track the execution of the Design Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the County has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. U Design Contract Estimate: (Length of Contract includes an estimated design period of 18 months, an estimated construction phase of 24 months, and 60 days post construction.) 0 U 3.0 REQUIREMENTS: 3.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the latest versions of the following: -35- Packet Pg. 1621 F.29.a 3.2 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 5 sets of Construction Documents that have been signed and sealed by the Engineer. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. 3.3 The Consultant shall assist the County in the preparation of the necessary bidding information to produce bidding forms, the Conditions of the Contracts, and the forms of Agreements between the County and the Consultants by providing supporting information as to the projects scope, bid items, estimated quantities and construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. c, 3.4 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, including consistency with ADA Public Rights-of-Way Accessibility Guidelines and ADA Standards for Accessible Design, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such 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. 3.5 The County shall be responsible for the timely submittal of all permit application fees 0 including mitigation fees associated with obtaining environmental permits. Copies of the 76 environmental permit application packages, agency correspondence, and copies of issued permits shall be provided to FDOT environmental office. 3.6 At the 60%, 90% and 100% design phases the Consultant shall provide drawings and other documents which depict the current status of design for the County's review and information. The Consultant shall provide an estimate of anticipated construction costs and construction schedule. 3.7 As needed, the Engineer will provide clarification and answers to questions from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. ) 4.0 CONSTRUCTION PHASE c� 4.1 The Consultant shall review and approve or take other appropriate action upon Contractor's Shop Drawings submittals for prefabricated elements to be placed permanently in the structure but c) only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not -36- Packet Pg. 1622 F.29.a conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, techniques, sequences, or procedures. 4.2 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. 4.3 The Consultant must reimburse the County for any "added costs" paid by the County for additional construction costs that were incurred as a direct result of any error, omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency, or conflict in the work project. The added cost is limited to the increase to the construction cost for additional work and does not include costs that are normally incurred as part of the project or would have been incurred had no error, omission, or deficiency occurred, and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of documentation or physical inspection of the site by the Consultant. 0 U 4.4 The Consultant shall furnish to the County, upon project completion, the following: U) • 2 sets of 11" X 17" signed and sealed Record Drawings • 2 sets of final documentation 0 • 1 set of final as built CADD files on CD 76 0 The Consultant's Engineer of Record in responsible charge of the project's design shall professionally endorse (signed and sealed and certified) the record prints, the special provisions and all reference and support documents. c� X 4.5 The Consultant will attend the pre-construction meeting and as needed, attend the periodic construction progress meetings (either in person or by phone), and the 90% construction milestone U onsite inspection. c� 0 U c� -37- Packet Pg. 1623 F.29.a ATTACHMENT B HOURLY RATES c� c, c� c, c� c, c� c, E c� -38- Packet Pg. 1624 F.29.a FEE SUMMARY SHEET Tubby's Creek Bridge Replacement KCA FEE E Project Management $36,773.14 U Public Involvement $24,515.42 CL Roadway/Maintenance of Traffic $57,166.96 Signing and Pavement Marking $12,513.42 Drainage $32,099.10 Structures $352,440.75 Environmental Permitting $68,144.26 TOTAL $583,653.05 0 c� SUBCONSULTANT FEE 0 U Coastal Engineering- Intera $39,016.79 Utility Coordination/Survey/SUE - MGVera $59,507.54 Cultural Resources-ACI $12,896.32 Geotech -Tierra South Florida $60,794.40 Lead/Asbestos Survey- PSI $2,936.76 0 TOTAL $175,151.81 y 0 CL CL TOTAL DESIGN FEE TOTAL DESIGN FEE $758,804.86 c� 0 U Packet Pg. 1625 a� 0 � � w Cl? W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � cu W or) OU z •tf Q a H Q 0 U ~ Q T75; .- N 00 W U — W Q z cuW o Q O O O O O O O O O O O O O O O O O O O O O O O O O � N �- W Q LL (n LL rn Q W W N OF- c¢ 0101 LL I x WI U)i cn Cl? ao O O O OC14 O O N O O O O O O O O O O O O O O O O - 0) N O O d' O O O O O � O LO d O O O O O O O O O O O O O O O O � N N N d cv N � O or) or)O 0) O O O N O 'ITO O O O O O O O O O O O O O O O 0 N m N (n � T cu 3 O Q O -0_ (� 00 N N O d' O O O O t O O O O O O O O O O O O O O O O N LL O 70 L v7 >� L O > a N VJ T cu � � 0 O dam' O O O O M O O O O O O O O O O O O O O O O C14 N O 00 ~ cu 00 7 0= � (II to U' O O U O m 00 � v7 0) N �u � O O O O N O N O O O O O O O O O O O O O O O O � � LO 00 U =3 M (B � U � 0 cu N cu =3 L v7 O 000 O O CO O M O O O O O O O O O O O O O O O O dam' N d 00 p 0 O � M N 613� E L •L U N 00ll 00 H O (n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 u1 Q W C w LL CF) Q a J LL Q � C 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 N D O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 04 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LO N O D O Il- O O O O O O O O O O O O O O O O O O O O O O O O O O O O � � O LO O O D O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O N M N O O D O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O N c N N D O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 04 04 N H o (n 0 u1 Q W C � Q LL J LL Q � C 0 0 0 0 0 M M O Lq M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O OCF) 0 M O D O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 O Lfi MOD O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N - LO O D O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N 0 F.29.a Proposal Number:0784-379566R_1 Kisinger Campo&Associates Corporation tn October 21,2022 L®ri Page 5 ATTACHMENT A PROJECT COST ESTIMATE E as Asbestos & Lead-Based Paint Renovation Survey CL as Kisinger Campo &Associates Tubby's Creek Bridge (Bridge No. 904982) (' Key Largo, Florida as Field Services a 1. Inspector 12 hours $ 83.21 /hour $ 998.52 2. Sample Analysis ASB 10 samples $ 25.00 /sample $ 250.00 3. Sample Analysis LBP 5 samples $ 25.00 /sample $ 125.00 4. Field Services Vehicle 1 day $ 135.00 /day $ 135.00 subtotal $ 1,508.52 U Project Management and Report Preparation 1. Sr Env Specialist 2 hours $ 163.50 /hr $ 327.00 0 2. Project Manager 10 hours $ 85.74 /hr $ 857.40 3. Secretary 4 hour $ 60.96 /hr $ 243.84 subtotal $ 1,428.24 E ESTIMATED TOTAL $ 2,936.76 3 0 0 CL CL as U as x 119 as 2 �s 0 as E �s www.intertek.com/psi Packet Pg. 1629 F.29.a KCA 4 TSF Proposal No.2208-472 TIERRA SOUTH FLORIDA,INC. TUBBY'S CREEK BRIDGE REPLACEMENT MONROE COUNTY,FLORIDA E U CL Unit #of Units Unit Price Total �9 Mud Bug Unit 1 $ 1350.00 $ 1,350.00 Mob Between Holes Each 4 $ 200.00 $ 800.00 SPT Borings(truck) f� 0-50 ft depth Foot 100 $ 18.00 $ 1,800.00 50-120 ft depth Foot 140 $ 22.00 $ 3,080.00 Grout(truck) O 0-50 ft depth Foot 100 $ 7.50 $ 750.00 U 50-120 ft depth Foot 140 $ 9.50 $ 1,330.00 Casing(truck) O 0-50 ft depth Foot 100 $ 11.50 $ 1,150.00 U 50-120 ft depth Foot 140 $ 14.50 $ 2,030.00 Extra Split Spoon Samples 0-50 ft depth Each 16 $ 60.00 $ 960.00 50-120 ft depth Each 28 $ 70.00 $ 1,960.00 Rock Coring 0 0-50 ft depth Foot 10 $ 60.00 $ 600.00 O L_ CL MOT Qualified Flagman Hours 60 $ 96.86 $ 5,811.60 O Arrow Board Each 5 $ 100.00 $ 500.00 Cones Each 100 $ 8.50 $ 850.00 U MOT Support Truck Hours 25 $ 125.00 $ 3,125.00 Natural Moisture Content Tests Each 8 $ 20.00 $ 160.00 Grain-Size-Full Each 8 $ 80.00 $ 640.00 Wash 200 Each 8 $ 55.00 440.00 Organic Content Tests Each 2 $ 55.00 $ 110.00 Environmental(Corrosion)Tests Each 1 $ 250.00 $ 250.00 Rock Compression Test Each 1 $ 150.00 $ 150.00 O U MAT Chief Engineer Hour 20 $ 326.00 $ 6,520.00 MAT Project Manager Hour 42 $ 270.09 $ 11,343.78 E MAT Engineer Intern Hour 35 $ 121.08 $ 4,237.80 U MAT Senior Eng Technician Hour 56 $ 135.61 $ 7,594.16 MATCADD Hour 18 $ 180.67 $ 3,252.06 TOTAL = $ 60,794.40 Packet Pg. 1630 F.29.a ATTACHMENT C FDOT FORM 375-040-84 APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT c� c, c� c, c� c, c� c, E c� -39- Packet Pg. 1631 LOCAL AGENCY PR06RANI FEDERAL-AID TERNIS 175-040-34 PROGRAM MA14AGEIMENT For PROFESSIONAL SERVICES CONTRACTS 112)19 IP d 3 qb qb The following terms apply to all contracts iin w1iiich it iis indicated that the,services involve the expenditure of federal funds: M CL as A. It is.understood and agreed that all rights of the Local Agency relating to inspection,review,approvall,patents, copyrights,and audit of the work,trading,plans,specifications,maps,data,and cost records relating to this qy Agfeernieiit shaIll also be reserved and held by authorized representatives of the United States of America. CD B. All tracings,1pllans,specifications,maps,computer files andior reports prepared or obtained Under this Agreement,as W1 weill as aIll data collected,together with suirnimarles and charts derived therefrom,will be considered works rnade for hire and wflll become the property of the Agency upon completion ar termination without restriction or Ililniiiitation on qs their use and Will be made available,upon requiest,to the Agency at any We during the performance of such services and/or completion or termination of this Agreement. Upon dellivery to the Agency of said doClUmeri the U Agency wdl become the CUStodian thereof in accordance with Chapter 119,Flanda Statutes. The Consultant will]not U) copyright any matenall and products or patent any liniven1mon develloped under this agreement. The Agency willl have the Right to visit the site for inspection of the work and the products of the Consultant at any time. C. It iis understood and agreed that,in order to permit federall participabon,no supplemental agreement of any niatUle may be entered into by the parties hereto with regard to the work to be,performed hereLinder without the,approval of the U.S. Department or Transportation,anything to Me contrary in this Agreement not withstanding. D. The consultant shall provide access by the Florida Department of Transportation(recipient),the Agency (subreciplent),the Federall Highway Administration,the U.S.Department of Transportation's Inspector General,the Comptroller General of the United States,or any of their duly authorized representatives to any books,documents, papers,and records of the consultant which are directly pertinent to that specific contract for the purpose of malking 0 audit,examination,ex�cerlpts,and transcriptions. U r_ E Compliance with Reguillationi& The Consultant shall comply with the RegUlationis relative to nondiscrimination in P U) Feclerally-assisted programs of the U.S.Department of Transportation Title 49,Code of Federal Regulations,Part qy 21,as they may be arniended from time to tinne,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreernenl. 'G E M F. Noindiscnimlination: The Consultant,wiith regard to the work performed during the contract,shall not discirlirninate on the basis of race,color,national origin,sex,age,disability,Religion or family status inn the selection and retention of < subcontractors,includiiiig procurements of material and(leases of equipment. The CianSUIltanit shaill not participate 0 either directly or indirectly!in the discrinniniation,prohibited by Section 21.5 or the Reguilahons,including emplayinent — practices Wien the contract covers a program set forth iiin Appendix B of the Regulations. 0 L_ G. Solicitallons for Subcontracts,includiii[g Procurements or Materials and Equipment: in all sollicitations ii by the CL Consultant,either by competitive bidding or negotiation for work to The performed under a subcontract,including CL procuremeiiits of materials and(leases of equillpment,each poteiiitial subcontractor or SUPPlier shall be notified by the < Consultant of the Consultant's obligations under this contract and the Regulabons relative to incindiscriniiiination on 'G the basis of race, color,national origin,sex,age,disability, relliglon or family status. qy H. linformatfon and Reports: The ConSUiltanit will provide aill!!Information and reports required by the Regulatfors,or L) directives issued pursuant thereto,aind shall permit access to its boolks,records,accounts,other sources of X inforniation,and iits faciiiities as may 1be deten-nined by the Local Agency,Florida Department of Transportation,Federall W Highway Administration,Federal Transit Administration, Federal Aviation Adminillstrattion,andlor Federall il Carrier Safety Adininistratmon to be pertinent to ascertain compliance with such RegUllatlons,orders and instructions. Where any information requiiined of the Consultant is in the exclusive possession of another who faills or refuses to furnish this inforriniation,the Consultant shalil so certify to the Local Agency,Florida Department or Transportation,Federal Higliway L) Administration,Federall Transit Administration,Federall Aviation Administration,andlor the Federal Motor Canner Safety -U) Administration as appropriate,and shaIll set forth what efforts lit has made to obtain the inforniation. >1 1. Sanctions for Nonicornipflance_ in the event of the Consultant's noncompliance wth the nionciiiscriminabon provisions of this contract,the Local Agency shall]impose such contract sanctions as it of the Florida Department of Transport,athon,Federal Highway Administration,Federal Transit Administration,Federal Aviation,Adm linistr it!c4ii, and/or Feder-Lill(Motor Carrier Safety Adirninistratton umray deteni to be appropriate,including, but not limited to, 0 1 withholding of payments to the ConsiLdtant under the Contract 1.111141111 the Consultant complliie's andior L) 2 cancellation,terrininabon or suspension of the contract,in wholle or in part. qb J. Incorporation ar Provisions The Consultant will include the provisions of Paragraph C through Itk in every subcontract, E including procurements of materials and leases of equipment unless exempt by the IRegulatmons,order,or instructions cs -40- 1 Packet Pg. 1632 F.29.a LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 37e-vaM4 For PROFESSIONAL SERVICES CONTRACTSPROGRAM rr�Ir�celwZ19 a27r8 FN�e 2.cO3 m. issued pursuant thereto. The ConsUiltanit shall take saalch action with respect to any subcontract or procurement as the Local Agency,Florida Department of Transportation,Federal Highway Administration,Federalll Transit Administration, E Federall Aviation,Administration,almda'or the Federal Motor Carrier safety Admninistratlon may direct as'a rneaalns of (s enforcing such provisiouas,,including sanctions for raoncormpllllance. In the event'a Consultant becomes involved in,or is ers threatened with,litigation with,a stubconsulltant or supplier as a result of such dlrectllan the Consultant may request the � Local Agency to enter Into such Ilitagation to protect the interests of the Local Agency,and,in addition,the Consultant rD may request the United states to enter into such litigatio47i to protect the iinterests of the United States. W CD . Compliance with Nanidiiscrin iinabon Statutes and Authorities:TIitle VI of the Civill Rights Act of 1964(42 U.S.C.§2000d et seq., 'rys 78 sttiat.'2'52),(prohibits discrimination on the bases of race,color,national origin),and 49 CFR Part 21;The Uniform Relocation � Assistance and IReall Property AcgUisituan Policies Act of 1970, (42 U.S.C. 4601) (prohlbits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-'aid programs and projects); Federal-Aid py Highway Act of 1973,(23 U.S.C.§324 et seq.),(prolliiibits discrim imatioua on the basis of sex);Section 04 of the Rehaabillitatlon 2 Act of 1973,(29 U.S.C.§754 et seq_),as amended,(prohibits discdimninuaatio7,on the basis of dlsability)y aaind 49 CFR Part 27y to The Age Discrimination Act of 1975,as amended, (42:U.S.C. G1G71 et seq.),(prohlbiits discriaminatiion oil,the basis of age).. � Airport and Airway Ilumprovernen�t Act of 1982„(49 USC.§471,section 47123),as amended,(IProhulibits discrimination based on >% race creed„collar,national origin,or sex); The Civil Rights Restoration Act of 1987„ (PL 100-209y, (Broadened the scope � coverage and applicability of Title VII of the Cliivill Rights Act of 1964, The Age Qascrimination Act of 1975 and Section 504 of � tlae Rehabilitation,Act of 1973,Iby expanding the defiiniiition,of the tennis"programs or activities' to include all of the prr rans � or achviities of the Federall-aid recipients,Bulb-recipients and contractors,whether such programs or actawlitlie's are Federally 0 funded or not),Tulles(III and Ili of the Americans with Disabilities Act,whici,ii prohibit discrimination on,the basis of disability in 4— the operation of public entities,publiic and private transportation systeuns,places of public accommodation,and certain testing � entities(42 U.S.C.§§12131 --1218,9)as iimpleniented by Department of Transportation regulations at 49 C.F.R.parts 37 and � 33;The,Federal Aviation Adrnimiiistratliion's Non-dllscriuniiinatllon statute(49 U.S.C.§47123)(prohibits discrimination on the basis � of race„colour,national origin,and sex);Executive Carder 1239,8„Federal Actions to Address Environmental Justice uln Minority 0 Populations and Low-Income PoPulluations, which ensures non-disc.nininuaation against rminanty populations by discouraging progrann�s,(policies„and activities with disproportloraatelly highs and adverse 117�ulrmaan health,or eilvlironrnrmentall effects on minority C and low-income populations Executive Order 13166, improving Access to services for Persons with Limited English ,U) Proicieulcy,and resulting agency guidance,national origin discrimination includes discrimination because of liumited English qy proficiency(ILEP). To ensure compliance with'Title'VI,you must take reasonable steps to ensure that LEP persons have a nneaniingful access to your pragr"arms(7Gb Fed. Reg. at 74087 to 74100),,Title IIX of the IEducatuian Amendments of 1972„as T amended,which prohibits you fromi discriminating because of sex in education programs or activities(20 U.S.C.16BI etseq;) � L. Ilnterest of lM,ermrbers or Csonlgress: No member of or delegate to the Congress of the United Stapes will be admitted to any share or part of this contract or to any benefit arising therefrom. 0 M_ interest o1 Publlliic Officlialls: No member,officer,or eumiplayee of the public(body or of a locall public body during his � tenure or for one year thereafter shall have any interest,direct or lindirect,in this contract or the proceeds thereof. For 0 purposes of this provision,public body shall include unulnicipallliitliie�s and other political subdivisions of stages,and Ipublic L_ corporat onl board's,aaad co mumiissions established under the laws of any State. CL IN. Participation by Disadvantaged(Business Enterprises The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b)_ This statement shall be 1117olude'd in,all subsequent agreements between the "rys Consultant and any subconsultanit or contractor. 1 The Consultant,sub recipient or subcontractor shall not discriminate on the basis of rase,collar,n.aationall origin,or sex in the performance of this contract. The contractor shall carry out applicablle requirements of 49 X CIFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Consultant to carry out these requirements is a rmaterual breach of this contract,which may result in terum�inatioaa of this contract or 119 qs atil�er such remedy as the reciiipient deems appropriate. 0'. Ilt is mutually understood and agreed that the willful falsification,distortion or rnis,replresentatlion with respect to any facts U related to the pro)ect(s)described in this Agreement is a violation of the Federal(Law.Accordingly,United states Code, ) Title'18,Section 1020,is hereby incorporated by reference and made'a part of this Agreeun�en�t. � P. Ilt Ills understood and agreed that it the Consultant at any time learns that the certificataonl it provided thie Local Agency � in compliance,with 49 CFR,section 25.51,was erroneous wulaien submitted or has becoime erroneous by reason of changed ollrcurnstaances,the Consultant shall(provide immediate written notice to the Local Agency. It is further � agreed that the clause titled Certufticatiorai Regarding Debann�en�t,5uspensiion Ineligibility and Voluntary Exclusion- Lower Tlie'r Covered Transaction"as set forth in 49 CFR,Sections 25 510,shall be included by the Consulta7it in alll � lower tier covered transactions and in all aroremnera�tioned federall regulation. 0 . The ILocall Agency hereby certiftle's that inel er the consultant nor the conisaultant s representative has been,required by the(Local Agency„directly or indirectly as an express or Iimpllied condition in connection with obtaining or carrying qy out this contract,to E -41- Packet Pg. 1633 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 37-04G-84 IDENT For PROFESSIO NAL SERVICES CO FIR GRAY MANAGEM NTRACTS T211 9 page 3&I (D 1. employ or retain,or agree to employ or retain,any firrn or person,or E (D U 2. pay,or agree to pay,to any fiirm,person,or organization,any fee,contribution,donation,or consideration of any kind CL (D W Tlie Local Agency further acknowledges that this agreemient,will be furnished to a federal agency, in connection (D m9i Mis contract involving participation of Fecleral-Aid funds,and iiis subject to applicable State and Federal Laws, bofli,crimlinal and civil. R. The consultant hereby certifies that it hias not (D 1. eimployed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any 2 firm or person(ofl,iie,r than a bona fide,employee working solely for the above contractor)to solicit or secure L) this contract, 2. agreed,as an express or implied condition for obtanning this contract,to employ or retaiin the services of any firm or person in connection with carrying Out this contract,or 3. paid,or agreed to pay,to any firm,organization or person(other than a boria fide employee working solely for the above contractor)any fee contribLgiion,donation,or consideration of any Mind for,or in,connection VAth, procuring or carrying out tlie contract. Tlie COTISUltant further acknowledges that this agreement will be fumilished to the ILocal Agency,the State of 0 Florida Department of Transportation and a federal agency in connection with this contract involving Ipuartiiiciiipatiion U of Federal-Aid funds,and is subject to applicable State,and Federall Laws,both criminal and civil. C: CD S. The Consultant shalll utilize the U.S. Department of Homeland Security's E-Verify system to verify the employiient (D eligibility of all new employees hired by the Contractor during the term or the Contract and shall expressly require any a subcontractors perforniiiing work or providing services purSlJant to Me Contract to Ilikewise utillize,t11mte U.S. Department of Homeland Security's IE-Verify system to verify the ernip1loyrneril eligibility of alll new employees hired by the subcontractor during the Contract ten-ni. 0 0 L- CL CL (D (D x W 119 (D 2 L) -U) 0 L) (D E -42- 1 Packet Pg. 1634 F.29.a Attachment D FDOT DBE Instruction form 275-030-11 c� CL c, c� c, 76 0 c� x c, c� c, E c� -43- Packet Pg. 1635 STATE OF FLORIDA DEPARTMEUT nF TFRAINSF�RTA7101N 27-030-11 EQUAL IDIPPiDIR7UNITY OFFICE CUBE BID PACKAGE, INFORMATION UJI9 I of'2 as E as DEE Wilization U The Department begain its IDIBE race neutral program January 1, 2000. Contract spe6fic goals are not CL pllaced on Federal/state contracts; however, the Department has and oveiraEl 10.65% DBE goal it MUSt (D achieve. In order to assist contractors iin deteirminiing their DBE corn irmitnient Ilevell, the Department has (D reviewed the estimates for this Ilettting. CD As your prepare your bid, Ipllease,rnonftoir poteintiall or anticipated DBE Utillization for contracts. Whein the low bidder executes the contract with the Department, information will be requested of the, contractor's (D DBE Ipaurticilpatioun for the project. While the Utilization us not niandatory in order to be awarded the project, 2 continuing utiiliizatiion of IDBE firms on contracts supports the Success of Florida's DBE Prograirn, and U supports contractors'Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DIBE avaiilalbillity does not mean,that a (DBE majy not be used on that project. A O% DBE availlailbillity, may have been estabIlis1hed due to any of the following reasons linited identified subcontracting opportunities, minimal conitractdays, and/or smallil contract dolilar airnounit. Contractors are 0 encouraged to rdjeintify any opportunities to subcontract to DBEs. U Please contact the Equall Opportunity Office,at (850)414-4747 if YOU have any questions regarding this r- informationi. 0 U r- DEE Reporting If you are the prime contractor on a project, enteir your DIKE jDairficipation in the Equal) OPIPOMIL1111ity as Coirnpliiance system 1prior to,the (pre-construction or false-wOrk conference for all federal and state funded projects. This willl not become a mandatory part of the contract. It will assist the Department un tracking and reporting p1lainned or estimated DIBIE ubliization. During the contract, the prime conitralictor is reqUired to report actual payments to (DBE and MBE subcontractors through the welb-based Equall 43ppoirtUnity < Coirnpluance(EOC),systenii. 0 All DBIE Ipaymleunts must be reported whether or not you ini'tialily p1lainned to utillize the company. Ilni rjrdjeir > for our race neutral DBE Program to be successful, YOUr cooperation is imperative. If you have ainy 0 L- qUestions, p1lease contact EC),C)He 1111D@-dot.state.fl.us. CL CL Bid Opportunity List as The Federal DBE Prograirn IregUilres States to, maintain a database of all firmis that are participating or attempting to, Ipairticipate on FDOT-assisted contracts. The N'St Must indlude all firms that bid on Iprimle (D X contracts or bid or quote,subcontracts on, FDOT-assisted projects, including both DBE's and non-DBEs. W 119 as Please complIete the BiddeirsC)pportunity List through the IErqulal (3pportunity Compliance systeni withiin 3 2 bUsiness days Of SUIbmissikin of the biid or proposal for ALL SUbcontracto,irs or SU b-consu Ita nits who quoted U to you for specific project for this letting. The welb address to the Equall Opportunity Compliance system is- piittDs:,',Iwww.f,dot-aov/eaLialloDn,ortui)ity/eoc.slitun. 0 U (D E -44- 1 Packet Pg. 1636 STATE OF FLORIDA D'EFARTMENTOF TRANSFORTATIqlN 275-030-11 EQUALOPPORTUNITY OF71CCIE DBE BID PACKAGE INFORMATION as Page 2 of 2 E as DBE/AA Plan Us 2 Contractors bidding on FD{-,)T contracts are to have an approved DIBE Affirmative Actiion Plain (FDOT CL (D IForm 5-0 2730-1113) on file with the IFDOT Equal OpprairlUnity Office before exeClUtion, of a contract. w DBEAA Plains must be received with the contractors bid or received by the Equal Opportunity Office prior (D to the award of the contract. CI CID Plans are appiroved by the Equal Opportunlity Office Iin accordance with Ch. 14-78, Florida Adm inlistr"Itive Code. Plans that do not nieet these mandatory requirements may not be approved. Approvalls are for a (D (3) three,year period and should be updated at anytime there is a change in the cornpany's DBE Liaison 2 Officer an&or President. Contractors may evidence adoption of the DIBE/AA Pollicy and Plan and/or a U change iin the designated DBE Liaison officer as folillows • Print the first page of the docuirnenit on conipany stationery ("letterhead") that indicates the cornpany's naniie,, midilinq address, phone nUmber,etc. • Print the company's name in the space; next to "Date" print the mont.h1day/year the policy lis 0 beinq siqned- record the sliqniatUre of the company's Chief Exef-Utive Officer, President or Chairperson in the space next to"Iby" and print the full first and last name and position tilte of the M official siigniing the policy. • Print the DBIE Liaison's fU1111 nanie,eirnaill address, IbUsiness mailing address and phone 1111LIT-n1ber 0 the bottom of eirnail. U r- E-irnail the complieted and signed DBE AA Plan,to: e-eofoi rnsirr dot.state.flals. (D The,Department willl reviiew the policy, Update department records and issue a notification of approval or disapproval,a colpy of the submitted p1an wifl not be returned to the contractor. 0 0 L- CL CL as rs as X w 119 as 2 L) rs 0 L) as E rs -45- 1 Packet Pg. 1637 F.29.a ATTACHMENT E FEDERAL HIGHWAY ADMINISTRATION FORMS c� c, c� c, c� c, c� c, E c� -46- Packet Pg. 1638 RFQ for Engineering Design Services for the Tubby's Creek and Mosquito Creek Bridge Replacement STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32 CIERT11RCAT11ON REGARDING DEBARMENT,SUSPENSION, PROCUREMENT 1/15 INELIGIBIlLITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS as (Compliance with 2 CFR Parts 180 and 1200) E (D L) It is certified that neither the below identified firm,nor its principals are presently suspended,proposed for debarment,declared CL ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. (D w Name 0 CPriiultanVContractor: Kisinger Campo&Associates, Corp. as CID By: Guillermo Madi PE Date: Q 112022 Title: Vice President (D U Instructions for Certification Instructions for Certification-Lower Tiler Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior Fi approval or estimated to cost$25,000 or more-2 CFR Parts 1180 and 1200) a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. 0 4- i 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 Federall Government,the department,or agency with which this transaction originated 0 may pursue available remedies, !including suspension andior debarment. L) C c.The prospective lower tier participant shall provide immediate written notice to,the person to which this proposal is submitted if CD at any time the prospective lower tier participant(learns that its certification was erroneouis by reason of changed circumstances. U) (D a d.The terms"covered transaction,""debarred,""Suspended,""ineligible,""participant,""person,""principal,"and"Voluntarily 'G E 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(suich as subcontracts). 0 "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 Tiler 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). 0 L_ CL CL 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, declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. (D ryb f.The prospective lower tier participant further agrees by submitting this proposal that it will!include this clause titled (D X "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without W modification, in all lower tier covered transactions and!in all solicitations for lower tier covered transactions exceeding the -119 $25,000 threshold. (D 2 g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered L) 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,wel (https://www.epis.gov/),which is compiled by the General Services Administration. i 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 riot required to exceed that 0 which is normally possessed by a prudent person iin the ordinary course of business dealings. L) .L; i. Except for transactions authorized under paragraph e of these instructions, !if a participant in a covered transaction knowingly C (D enters into a lower tiler covered transaction with a person who is suspended,debarred, ineligible,or voluntarily excluded from E participation in this transaction,in addition to other remedies available to the Federall Government,the department or agency with which this transaction originated may pursue available rerriedies, !including suspension arid/or debarment. -66- KIISIIINGIll1 1114 CAIM1111�100 I A � E I Packet Pg. 1639 RFQ for Engineering 375-030-33 PROCUREMENT ,om, CERTIFICATION FOR DISCLOSURE OF LOBBYING aCzzVzrIEa ON FEDERAL-AID CONTRACTS CL (CommpUiaincexvith, 48CFR, Sectiuni 20.1�00 (b)) (D W The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and be|ief� � (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 2 employee of any federal agency, o Member cf Congress, on officer Vf employee of U 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 nf any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 4- (2) |f any funds other thanfedena| opprophetedfundahovebeenpaidmrvviUbepaidtm any person for influencimg or attempting to in�uence an officer or employee of any 0 federal agency, a Member of Congress, an officer or employee of Congress, or an U employee of a Member of Congress in connection with this federal contract, grant, loan, or000peredveoOreememt the undersigned shall complete and submit Standard � Form-LLL, "Disclosure of Lobbying Activdies", in accordance with its instructions. (Standard Form'LLL can be obtained from the Florida Department ofTransportation's Professional Services Administrator or Procurement [)f0cel � � This certification is a material representation of fact upon which reliance was placed 0 when this transaction was made mr entered into. Submission of this certification �ina prerequisite for making orentering 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 CL CL a civil penalty of not Uess 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 im all lower tier � subcontracts, which exceed $100,000 and that all such subrecipients shall certify and m 119 disclose accordingly. Name of Consultant KisiDger Campo&Associates, Corp. = By Date: Authorized Signature Title: Vice President -67- K11s114G11::114 CAIP41111�110 �-��oc/wr I Packet Pg. 1640 F.29.a RFQ for Engineering Design Services for the Tubby's Creek and Mosquito Creek Bridge Replacement STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34 DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT ovis Is this form applicable to your firm? E YES❑ NO® NomO°^ f l abl qs If no,then please complete section 4 a below for"Prime" CL (D qb 1.Type of Federal Action: 2.Status of Federal Action: 3. Report Type: CID a. contract a. bid/offer/application a.initial filing b.grant b. initial award b.material change c. cooperative agreement c. post-award For Material Change Only: 119 qy d. loan Year: Quarter: Date of 2 e. loan guarantee last report: f. loan insurance mm/dd/ 4. I\ne and Addres-oF Reporting 5. If Reporting Entity in No.4 is a Subawardee, Enter Name Entity: Prime Subawardee and Address of Prime: Tier if known: Kisin er Campo& s—ates Corp. 1 N. Franklin Street, Suite 4 Tampa, FL 33602 Congressional District,if known:4c Congressional District,ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: r- W) qb CFDA Number,if applicable: E 8. Federal Action Number,if known: 9.Award Amount,if known: 10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services(including address (if individual,last name, first name, Ml): if different from No. 10a) (last name, first name, Ml): CL CL qb 11. Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is (b y g Signature: `J a material representation of fact upon which reliance was placed by the tier above when this transaction was made or Print Name:Guillermo Madriz, PE entered into.This disclosure is required pursuant to 31 qb 119 U.S.C.1352.This information will be available for public qy inspection.Any person who fails to file the required Title: Vice President disclosure shall be subject to a civil penalty of not less than $100,00 and not more than Telephone No.:813.871.5331 Date mm/dd/ 5 31 2022 $100,000 for each such failure. p ( YYYY)�� Federal Use Only: Authorized for Local Reproduction Standard Form LLL Rev.7-97 L) 0 (b E L) -68- uKuISIIII GIII u14 CAui41111,0 �,�. A A I I Packet Pg. 1641 F.29.a RFQ for Engineering Design Services for the Tubby's Creek and Mosquito Creek Bridge Replacement 375-030-34 PROCUREMENT 04114 Page 2 of2 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filingof a form is required for each payment or agreement to make payment to an lobbying entity for q pY 9 pY Y Y 9 Y CL influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influencethe outcome of a covered Federal action. 2. Identify the status of the covered Federal action. L) 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 0 4. Enter the fullname,address,city, State and zip code of the reporting entity. Include Congressional District, if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime c� or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards undergrants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States CoastGuard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements, loans,and loan commitments. 0 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP)number;Invitation for Bid(IFB)number;grant announcement number;the contract, grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include CL fL prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or5. X 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. t3 (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name, First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number.The valid OMB control number for this information collection is OMB No.0348-0046.Public reporting burden for this � collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,searching existing data sources, 0 gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden L) estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,DC 20503. E U -69- �, uKIISIIuNGIIi u14 CAui411110� F��,�. A , I I � Packet Pg. 1642 F.29.a RFQ for Engineering Design Services for the Tubby's Creek and Mosquito Creek Bridge Replacement STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRp'OGC�-1/20 FOR CONSULTANT/CONTRACTOR/TECHNIICAL 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 II will qb 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. �3 Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the CL Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that qb the benefit was intended to influence a pending or future decision of theirs,or to reward a past decision.Consultants performing work for the qb Department should avoid any conduct(whether in the context of business,financial,or social relationships)which might undermine the public CD trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. a 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 responselletters of interest,technical proposals,price proposals,financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Z Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,II will not divulge any Procurement Information except to individuals who have executed a Conflict of Interest/Confidentiality Certification which has been approved by the Department("Project Personnel').I understand that a list of Project Personnel will be maintained by Department. If I am contacted by any member of the public or the media with,a request for Procurement Information II 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. 0 1 agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated with the Project,and 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. CD U) qb I agree not to engiage 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 l Project Numbers) Solicitation No Mosquito Creek and Tubby's Creek Bridge Replacement Project on Card Sound Road 447770-1, 447769-1 0 L_ CL CL as as X as 2 Each undersigned indlividlual agrees to the terms of this Con ict of InterestlConlfdentiality Certification. Printed Names Signatures Date Guillermo Madriz, PE, Vice President _ 5/31/2022 0 as E -70- �,,� IKIISIIII GIIII1114 f°AIlMull�0 ��,�. A A � E Packet Pg. 1643 RFQ for Engineering STATE OF FLORIDA DEPARTMENT orTRANSPORTATION 3T5-030-30 TRUTH |NNEQOTU�TONCE�OF|C�T0�N ��»�w�r . "5�`" Pursuant tmGectilon287 . FlohdaGtatmtea. for any|mmn mnorcomt-plus'a'fimadfee professional services contract over the threshold amount provided in Section 287,017, Florida Statutes for CL CATEGORY FOUR, the Department nf Transportation(Department)requiresthe Consultant toexecute (D ths certificate and include It with the submittal of the Technical Proposal, or as prescribed in the contract W advertisement. The Consultant hereby certifies, covenants,and warrants that wage rates and other factual unit costs supporting the compensation for thiUs project's agreement are accurate,complete, and current at the time of contracting. 2 U The Consultant further agrees that the original agreementprice and any additions thereto mheU|be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, Uncomplete, or noncurrent wage rates and other factual unft costs. All such agreement adjustments shall be made wfthin (1)year following the end of the contract. For purposes uf � thscertifimste the. 0 the work by the Department,whIluhever|slater. 4- Kisinger Campo&Associates, Corp. Name of Consultant U 5/Sl/2022 � �� - Dateu� GuiU�r[D" ,.ad..�� PE, CL CL 119 -71 �� U �sN�as�C��m ��~� � U � *��oc/wrE Packet Pg. 1644 F.29.a RFQ for Engineering Design Services for the Tubby's Creek and Mosquito Creek Bridge Replacement STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-83 PROFESSIONAL SERVICES COMMITMENT FORM PROCUREMENT „iz, Submit this form as required in the Request for Proposal or alternatively, at the time of Expanded Letter of Response is due: Contract/Advertisement No.: N/A Prime Consultant: I Kisinger Campo&Associates, Corp. Project Description: Mosquito Creek and Tubby's Creek Bridge Replacement on Card Sound Road E E (D U Expected percentage of contract fees to be utilized by DBE(s): 12 %. (Combine DBE Prime and DBE _ subconsultants, if applicable). CL (D Expected percentage of contract fees to be utilized by Non-DBE Small Businesses 0 %. (Combine Non-DBE as Small Business Prime and Non-DBE Small Business subconsultants, if applicable). a The proposed Prime and subconsultants/subvendors'work is as follows: (D Non 2 Type of ork %of overall Small DBE/ ma Prime (List each type of work separately, DBE Non only one type of work per line) contract amount Business Small Business Kisinger Campo&Associates,Corp. 2.0 10 ❑ ❑ 3.1 13 4.2.1 57 7.1 4 t`17rr,rr ar iier°ri, � U 7rr,rr rri iieiri, r_ 7rr,rr rri iieiri, 2 U) (D Non Type of Work of overall Small DBE/ 'E Subconsultant/Subvendor (List each type of work separately. Contract DBE Business Non only one type of work per line) amount Small Business Archaeological Consultants, Inc. Non-Professional Service Firm 1 ® ❑ ❑ INTERA, Inc. Non-Professional Service Firm 3 1 ❑ ❑ Intertek PSI Solutions 9.1 0.5 ❑ ❑ CL Intertek PSI Solutions 9.2 0.5 ❑ ❑ Manuel G.Vera&Associates, Inc. 8.1 6 ® ❑ ❑ Tierra South Florida, Inc. 9.1 2.5 ® ❑ ❑ Tierra South Florida, Inc. 9.2 2.5 ® ❑ ❑ 7()(),rrrr ilr,arri, ❑ ❑ ❑ hoos ari ileiri ❑ ❑ ❑ W as hoos ari iieiri, ❑ ❑ ❑ 2 t`hoo,rr ar iier°ri, ❑ ❑ ❑ � hoos ari iieiri, ❑ ❑ ❑ r`hoos ari iieiri, ❑ ❑ ❑ r`hoos ari iieiri, ❑ ❑ ❑ 0 t) r`hOOS ari iir,iri, ❑ ❑ ❑ r`hoos ari iieiri, ❑ ❑ ❑ 7()(),rrrr ilr,arri, ❑ ❑ ❑ is 7oo,rrrr iirar°ri ❑ ❑ ❑ 7rr,rrrri ilr,arri, ❑ ❑ ❑ 7rr,rrrri ilr,arri, ❑ ❑ ❑ -72- Illl��l' �, uKIISIIuNGIIi ui4 CAui4uu��0 �,�. A I E Packet Pg. 1645 F.29.a RFQ for Engineering Design Services for the Tubby's Creek and Mosquito Creek Bridge Replacement STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-83 PROFESSIONAL SERVICES COMMITMENT FORM PROCUREMENT „iz, Non Tyt�e of ork % DBE/ Subconsultant/Subvendor (List each type of work separately, of overall DBE Small Non only one type of work per line) contract BUSIneSS Small amount Business E c`hoos ari ileiri, ❑ ❑ ❑ Ls hoos ari ileiri, ❑ ❑ ❑ CL hoos ari ileiri, ❑ ❑ ❑ Choose ar) �eiri El El El CID hoos ari ileiri, ❑ ❑ ❑ hoos ari ileiri, ❑ ❑ ❑ hoos ari ileiri, ❑ ❑ ❑ 7oo,rr cri ilr,arri, ❑ ❑ ❑ U hoos ari ileiri, ❑ ❑ ❑ hoos ari ileiri, ❑ ❑ ❑ c`1�7r�r�,rr �cri ilr�,arri, ❑ ❑ ❑ � hoos ari ileiri, ❑ ❑ ❑ hoos ari ileir'i ❑ ❑ ❑ L) I7oos ari ileiri, ❑ ❑ ❑ 0 Choose cri ilr,arri, ❑ ❑ ❑ 1�7r�os �cri ileiri, El El El CID � hoos ari ileiri, ❑ ❑ ❑ hoos ari ileiri, ❑ ❑ ❑ hoos ari ileiri, ❑ ❑ ❑ hoos ari ileiri, ❑ ❑ ❑ Q c`hoos ari ileir'i, ❑ ❑ ❑ hoos ari ileiri, ❑ ❑ ❑ a hoos ari ileiri, ❑ El ElCL hoos ari ileiri, ❑ ❑ ❑ 7oo,rrcri ilr,arri, ❑ ❑ ❑ w Total percent for Prime and Subs committed: 119 (Note to Consultants:should be 100%when submitted to FDOT) 100 2 Total percent for Prime and Subs remaining to be committed: (Note to Consultants:should be 0%when submitted to FDOT) 0 U) I Ice Irerc,.irtsge colunin iniusL Lntc1 1001/6 fc:,cr I'rinie circi all sul+s. Please note,the number one ranked firm is required to enter DBE Participation in the Equal Opportunity Compliance(EOC)System I® subsequent to contract award and any future contract amendments or task work orders(if applicable). �y DBE status for all firms can be verified by using the DBE Directory: https:Hfdotxwp02.dot.state.fl.us/Egua lODDortunityOfficeBusinessDirectory/CustomSearch.aspx Small Business status for Non-Professional Services firms can be found here: https://ssrs.fdot.gov/Reports/report/PDA%20Reports/Public%20Reports/EOOSma11BusinessCertification Report as Small Business status for Professional Services firms is located here: E http,s-://www.fdot.ciov/iDrocureme t/I ternetRe orts.shtm# ual �s By: Guillermo Madriz PE _- Title: Vice President Date: 5/31/2022 -73- �� ,�� IKIISIIINGII1114 CA1111�1u1��0 �.,.. r i A I E Packet Pg. 1646