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Item C33 C.33 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C.33 Agenda Item Summary #11636 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Jordan Salinger (305) 570-9156 n/a AGENDA ITEM WORDING: Approval of a Seventh Amendment to the Contract Agreement for Engineering Design and Permitting Services for the Rowell's Waterfront Park development with S&ME, Inc. in the lump sum amount of $18,800.00. This amendment is funded by the one-cent infrastructure sales tax. ITEM BACKGROUND: Monroe County is in the process of developing the previously named Rowell's Marina into a community park. S&ME, Inc. is the Engineer of Record for the project. This Seventh Amendment adds design services for the revision of the stormwater retention pond location. The current Phase I retention pond, designed 5 years ago, would now be in conflict with the drivable path proposed in Phase II which is funded by a CDBG-Covid grant. To remain compliant with the grant and to avoid relocating the pond during Phase 11, revision of the stormwater retention pond plans is necessary during Phase I construction. S&ME will provide design documents, assist with permitting and ensure construction compliance for the installation. PREVIOUS RELEVANT BOCC ACTION: 6/21/17 —BOCC approved a Contract Agreement with the Consultant(rescinded and replaced from the BOCC action on May 17, 2017) for the engineering design and permitting through construction administration for the development of Rowell's Waterfront Park 6/7/18 —County Administrator approved a First Amendment to the Contract Agreement with S&ME, Inc. for additional services including geotechnical field exploration. 9/15/21 —BOCC approved Second Amendment to the Contract Agreement with S&ME, Inc. for assistance with the preparation and submission of the CDGB-CV grant application. 10/20/21 —BOCC approved Third Amendment to the Contract Agreement with S&ME, Inc. for additional CDGB-CV grant application requirements. 11/17/21 —BOCC approved Fourth Amendment to the Contract Agreement with S&ME, Inc. for Phase II of the project adding extended parking areas, restroom building, multi-use path and event lawn to the park. 5/18/22—BOCC approved a Fifth Amendment to the Contract Agreement w/ S&ME for design of a video surveillance system and update to the survey. Packet Pg. 1387 C.33 6/15/22—BOCC approved a Sixth Amendment to the Contract Agreement w/ S&ME for design of the installation of a library kiosk CONTRACT/AGREEMENT CHANGES: Add design services for revised location of the stormwater retention pond STAFF RECOMMENDATION: Approval of 7th Amendment DOCUMENTATION: Amend. 7—S&ME—Rowell's Park—legal stamped Contract+Amends 1-6—S&ME—Rowells Design EXEC FINANCIAL IMPACT: Effective Date: 1/18/23 Expiration Date: TBD Total Dollar Value of Contract: $18,800.00 Total Cost to County: $18,800.00 Current Year Portion: $18,800.00 Budgeted: Yes Source of Funds: 304-25005 (previously 25000— CC1901) CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: no If yes, amount: Grant: no County Match: n/a Insurance Required: Yes —COI supplied after BOCC approval. Additional Details: Total Contract w/Amend. 1 thru 7: $456,874.00 304-25005 (previously 25000-CC1901) 01/18/23 304-25000 - CULTURE & RECREATION PRO $18,800.00 new cost center 25005 REVIEWED BY: Cary Knight Completed 01/03/2023 2:58 PM Kevin Wilson Completed 01/03/2023 3:39 PM Joseph DiNovo Completed 01/03/2023 4:07 PM Purchasing Completed 01/03/2023 4:11 PM Budget and Finance Completed 01/03/2023 4:16 PM Brian Bradley Completed 01/03/2023 4:43 PM Packet Pg. 1388 C.33 Lindsey Ballard Completed 01/03/2023 4:50 PM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 1389 C.33.a SEVENTH AMENDMENT TO THE CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR ROWELL'S WATERFRONT PARK This Seventh Amendment to the Agreement(hereinafter,"Amendment"),between Owner and Engineer for the Engineering Design and Permitting Services for Rowell's Waterfront Park, entered into between MONROE COUNTY ("County") and S&ME, Inc. ("Consultant"), is made and entered into this 18" day of January 2023,in order to amend the Contract Agreement as follows: Witnesseth 0 w WHEREAS, on June 21, 2017, the BOCC approved a Contract Agreement with the Consultant(rescinded and replaced from the BOCC action on May 17, 2017) for the engineering design and permitting through construction administration for the development of Rowell's Waterfront Park; and WHEREAS, on June 7, 2018, a First Amendment to the Contract Agreement was entered into adding geotechnical field exploration to the Consultant's scope of services in order to obtain information and 0 recommendations for site preparation and foundation support for the proposed restroom building; and a� E WHEREAS, on September 15, 2021, a Second Amendment to the Contract Agreement was entered into adding services to assist in the preparation and submission of a special grant called the Community Development Block Grant- Coronavirus Relief(CDGB-CV); and WHEREAS,on October 20,2021, a Third Amendment to the Contract Agreement was entered into adding design of a site layout and opinion of probable construction cost estimate as required by the special CDGB- C, E CV grant; and U) WHEREAS, on November 17, 2021, a Fourth Amendment to the Contract Agreement was entered into 2 adding design services for Phase II of the redevelopment of the park including expanded parking areas, office/restroom building,multi-use path and event lawn; and CL JA WHEREAS, on May 18, 2022, a Fifth Amendment to the Contract Agreement was entered into providing design services for the addition of a video surveillance system for the park and an updated corrected survey; Wi and w 06 WHEREAS, on June 15, 2022, a Sixth Amendment to the Contract Agreement was entered into providing design services for the addition of a new library kiosk inside the park; and _d E WHEREAS,due to changes in the design of the redevelopment of the park as requested by the County, the 4i current proposed stormwater retention pond will impact the park development necessitating revised stormwater plans in order to provide a seamless transition from Phase I to Phase II park construction. E c� NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: Page 1 of 3 Packet Pg. 1390 C.33.a 1) In accordance with Article III, Additional Services, Subsection 3.1, of the Contract Agreement, Consultant shall provide design through Construction Administration services for the relocation of the stormwater/retention pond. Services shall include: a. Consultant shall coordinate with a subconsultant to provide updated Architectural design documents as needed. b. Consultant shall provide 100% design documents including updated stormwater L calculations for submission to the Monroe County Building Department for permitting. JA c. Consultant shall respond to any permit comments and make any corrections needed in order for County to obtain approval of revised plan for building permit. 0 2) In accordance with Article VII, Subsection 7.1.1,of the Contract Agreement, the County shall pay the Consultant a lump sum fee of Eighteen Thousand Eight-Hundred and 00/100 Dollars 06 ($18,800.00) paid on a percent complete basis for each task, as described above in the Scope of Work,for the following services: a. Construction Documents - $10,500.00 lump sum paid upon receipt of documentation and upon approval by the Director of Project Management. E b. Stormwater Calculations - $4,500.00 lump sum paid upon receipt of documentation and upon approval by the Director of Project Management. c. Permitting-$2,700.00 lump sum paid on a percent complete of services and upon approval by the Director of Project Management. E d. Architect Updates - $1,000.00 lump sum paid upon receipt of documentation and upon approval by the Director of Project Management. E e. Administrative Fee - $100.00 lump sum paid upon receipt of documentation and upon approval by the Director of Project Management. a� CL The total contract amount including the original agreement through this seventh amendment is a not-to-exceed amount of Four Hundred Fifty-Six Thousand Eight-Hundred Seventy-Four and 00/100 Dollars ($456,874.00). 3) In all other respects,the original Contract Agreement dated June 21,2017,as first amended on June 7, 2018, as second amended on September 15, 2021, as third amended on October 20, 2021, as JA fourth amended on November 17, 2021, as fifth amended on May 18, 2022, and as sixth amended on June 15, 2022, remains unchanged. 0 06 [remainder of page intentionally blank] E c� Page 2 of 3 Packet Pg. 1391 C.33.a IN WITNESS WHEREOF, each party causes this Seventh Amendment to the Contract Agreement to be executed by its duly authorized representative on the day and year first written above. (SEAL) Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA 0 By: By: As Deputy Clerk Mayor/Chairman ,0 w Date: 06 MONVROE COUNTY I4'f7 M INWEY" OFFCE APPROVED AS TO FORM 'N' NT COUNTY ATTORNEY ds D!AT;P: I—Q3-2023 0 E Witness to Consultant: CONSULTANT: S&ME,Inc. By: By: CL E Title: Title: U) JA 0 06 i 0 E E c� Page 3 of 3 Packet Pg. 1392 SIXTH AMENDMENTTO THE CONTRACTAGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR ROWELL'SWATERFRONT PARK This Sixth Amendment tothe /kgroonnunt (hereinafter, "Amendment"), between Owner and Engineer for JA the Engineering Design and Ponmitting Services for Rovvc\|`y Waterfront Park, entered into between M[D4R0E COUNTY ("County") and S&MB, Inc. ("Consultant"), is made and entered into this 15' day 0 of June 2022^ in order 1oamend the Contract Agreement nu follows: 0 Wi$uemme$h 06 � WHEREAS, on June 21,2017,the BOCC approved a Contract Agreement with the Consultant(rescinded and replaced from the B(CC action onMay |7, 20|7) for the engineering design and permitting through construction administration for the development ofRovve|\`y Waterfront Park; and VVH8R8/\S, on June 7, 2018, u First Amendment to the Contract Agreement was entered into adding 0 gontechnicu| field exploration to the Conyu|1un1`y scope of services in order to obtain information and recommendations for site preparation and foundation support for the proposed restroom building;and VVHBRB/\S, on September 15` 2021, u Second Amendment to the Contract Agreement was entered into E � adding services to uyyiyt in the preparation and submission of u special grunt called the Community � Development Block Grant-Cnrnnuviruy Relief(CD0B-CY);and WHEREAS,on October 2O, 202|, u Third Amendment tnthe Contract Agreement was entered into adding X design of a site layout and opinion of probable construction cost estimate as required by the special CDGB- | CY grant;and 2M WHEREAS, onNovember 17. 202|, u Fourth Amendment 1othe Contract Agreement was entered into adding design services for Phase {{ of the redevelopment of the park including expanded parking areas, ntJce/restrnnm building,multi-use path and event lawn; and W | WHEREAS, on May |Q, 2O22. 0 Fifth Amendment tnthe Contract Agreement was entered into providing 06 design services for the addition of a video surveillance system for the park and an updated corrected survey; | � and WHEREAS, the County desires to ine1u|| u|ibrury kiosk inside the park which requires construction ofu concrete pad,electrical and data lines,and covered structure necessitating additional design drawings. Y4(]VV, THBRBP(]}lE, in consideration ofthe mutual promises and covenants set forth below, the parties agree uofn||owo�� 0 U |) In accordance with Article llL Additional Services, Subsection I|, of the Contract Agreement, Consultant ehu|| provide design through Construction Administration services for the construction of the library kiosk. Services shall include: �0 Page 1of3 u. Consultant uhuU coordinate with u eubconuuJtant to provide Architectural, MEP and communication/data design documents. h. Consultant uhuJ) provide \00Y6 design documents for submission to the Monroe County Building Department for permitting.Consultant shall respond to any permit comments and � � make any corrections needed in order for County to obtain building permit. u. Consultant shall respond 1oRFlu during bidding. d. Consultant shall review submittals, pay applications and RFIs during construction. 0 � 2) In accordance with Article VII, Subsection 7.1.1,of the Contract Agreement,the County shall pay LU - the Consultant aY4ot-To-Exceed tee of Fifteen Thousand, Four Hundred, Eighty and 00x100 06 ]0wUUurs ($15,480'00) paid monthly onu percent complete basis for each task, as described above mw � in the Scope of Work, for the following services: � u. Architectural, MEP, &ub/u/commun/cu//nnDrmv/n&s {sx6conxuhunV S5,930.00 not-to- E exceed paid upon receipt of documentation from subconsultant and upon approval by the Director of Project Management. � k Construction Documents-S4,800.00 1 ump sum paid on a percent complete of services and 0 upon approval hy the Director of Project MunagemenL c. Permitting-S2,400.00 lump sum paid on a percent complete of services and upon approval hy the Director of Project Management. '1 Construction Phase-S1,800.00 lump sum paid on a percent complete of services and upon approval hy the Director of Project ManagemenL u �u�z�n�/om//vu ��e ���000 |umpaumpuidmnup�rc�nicomp)��rofe�rvic�eundupen � � t- approval hy the Director of Project Management. LU The total contract amount including the original agreement through this sixth amendment is unuk- mm| to-exceed amount of Four Hundred Thirty-Eight Thousand Seventy-Four and 00/100 Dollars (V38-074.00). U) � 3) In all other respects,the original Contract Agreement dated June 21,2017,as first amended on June 7, 201*, as second amended on Scpicmn6cr 15, 2021, us third amended on October 20, 2O2\, us 0 W fourth amended on November 17, 2021, and as fifth amended on May 18, 2022. remains LU unchanged. 06 � [remainder of page intentionally blank] Page 2of3 C.33.b r fN E O ", each party causes this Sixth Amendment to the Contract Agreement to be y authorized presentative on e y d t written above. �"sec Ir �its �... CL "(SEAL) " Gp Attest:Kevin ok,Clerk BOARD OF COUNTY COMMISSIONERS � OF EC )UNT tL By: ,� �� �� � �� �....°°�°.°..�.° y _ ......�„ ,,,.... ...................._........................ As puty Clerk ayo Chairmanu � Date: ..._. .: ::::... .. MONR©E COUNTYATTORNEYS OFFICE APPROVED AS TO FORM COUNTY ICY 0 DATE: � Witness to Consultant: Inc. mm ° gyro"..° mm .. .°mw ... . W y Title„ , m Title: w �" m .,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.........................., m 0 06 i " E 0 is E Page 3 of Packet Pg. 1395 C.33.b FIFTH AMENDMENT TO THE CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR ROWELL'S WATERFRONT PARK This Fifth Amendment to the Agreement (hereinafter, "Amendment"), between Owner and Engineer for JA the Engineering Design and Permitting Services for Rowell's Waterfront Park, entered into between MONROE COUNTY("County") and S&ME, Inc. ("Consultant"), is made and entered into this 18°i day of May 2022,in order to amend the Contract Agreement as follows: 0 4- Witnesseth 06 WHEREAS,on June 21,2017,the BOCC approved a Contract Agreement with the Consultant(rescinded and replaced from the BOCC action on May 17, 2017) for the engineering design and permitting through construction administration for the development of Rowell's Waterfront Park; and WHEREAS, on June 7, 2018, a First Amendment to the Contract Agreement was entered into adding 0 geotechnical field exploration to the Consultant's scope of services in order to obtain information and recommendations for site preparation and foundation support for the proposed restroom building;and WHEREAS, on September 15, 2021, a Second Amendment to the Contract Agreement was entered into E adding services to assist in the preparation and submission of a special grant called the Community Development Block Grant Coronavirus Relief(CDGB-CV); and U WHEREAS,on October 20,2021,a Third Amendment to the Contract Agreement was entered into adding X design of a site layout and opinion of probable construction cost estimate as required by the special CDGB- CV grant; and a U) WHEREAS, on November 17, 2021, a Fourth Amendment to the Contract Agreement was entered into U) adding design services for Phase 11 of the redevelopment of the park including expanded parking areas, office/restroom building,multi-use path and event lawn;and 0 i WHEREAS, the original survey obtained by the County and submitted with the building department 06 application was in the incorrect datum-requiring a conversion by the surveyor to convert the survey from NAVD88 datum to NGVD29 datum; and U) WHEREAS,the County has requested that a video surveillance system be added to the entire park including remote access of the video feed. E c� NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 0 U 4i 1) In accordance with Article III, Additional Services, Subsection 3.1, of the Contract Agreement, Consultant shall provide the following services: E a. An updated certified survey converting the survey datum from NAVD88 to NGVD29. Page 1 of 2 Packet Pg. 1396 C.33.b b. Design of a Video Surveillance System for the entire park. Complete Low Voltage cable and wireless backbone infrastructure to provide transport of IP signals for the solution. Remote viewing of the system from the County hub in Marathon for remote users. JA 2) In accordance with Article VII,Subsection 7.1.1,of the Contract Agreement,the County shall pay the Consultant a Not-To-Exceed fee of Twenty-One Thousand, Five Hundred and 00/100 Dollars ($21,500.00)paid monthly on a percent complete basis for each task, as described above in the Scope of Work,for the following services: a. Survey-$2,250.00 lump sum paid upon completion and receipt of updated certified survey and upon approval by the Director of Project Management. 06 b. IT,Data,and Security Drawings for Video Surveillance System-$19,250.00 not-to-exceed v paid on a percent complete of services and upon approval by the Director of Project Management. 3) In all other respects,the original Contract Agreement dated June 21,2017,as first amended on June 7,2018,as second amended on September 15,2021,as third amended on October 20,2021,and as fourth amended on November 17,2021,remains unchanged. E IN WITNESS WHEREOF, each party causes this Fifth Amendment to the Contract Agreement to be ted by its duly authorized representative on the day and year first written above. 1 ¢3 U vin Madok, Clerk BOARD OF COUNTY COMMISSIONERS W '! .d OF MONROE COUNTY,FLORIDA a� s r M r, ,r , U) a� ppCCee �COUNTY ~S W y: o� By: V As Deputy Cler May an MONROE COUNTY ATTORNEYS OFFICE 0 Date: �� l�I ZG22 APPROVED AS TO FORM i 06 , y' S mTA.couwy ATTORNEYJGSZ � DATE. - E _Witness to Consultant: CONSULTANT: S&ME,Inc. By: ,.e - By: � ��r �G U Title: C. G LA 'u ,/l n.�;r2�tir E-'Q .Z-A Title:. c� Page 2 of 2 - - - — - ----- -- — -- - --- - - Packet Pg. 1397 C.33.b FOURTH AMENDMENT TO THE CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR ROWELL'S WATERFRONT PARK This Fourth Amendment to the Agreement(hereinafter, "Amendment"),between Owner and Engineer for the Engineering Design and Permitting Services for Rowell's Waterfront Park, entered into between MONROE COUNTY ("County") and S&ME, Inc. ("Consultant"), is made and entered into this 17" day 0 of November 2021,in order to amend the Contract Agreement as follows: � 0 Witnesseth 06 WHEREAS, on June 21, 2017, the BOCC approved a Contract Agreement with the Consultant(rescinded and replaced from the BOCC action on May 17, 2017) for the engineering design and permitting through construction administration for the development of Rowell's Waterfront Park; and a� WHEREAS, on June 7, 2018, a First Amendment to the Contract Agreement was entered into adding geotechnical field exploration to the Consultant's scope of services in order to obtain information and a recommendations for site preparation and foundation support for the proposed restroom building; and 0 WHEREAS, on September 15, 2021, a Second Amendment to the Contract Agreement was entered into adding services to assist in the preparation and submission of a special grant called the Community Development Block Grant Coronavirus Relief(CDGB-CV); and U WHEREAS,on October 20,2021, a Third Amendment to the Contract Agreement was entered into adding X design of a site layout and opinion of probable construction cost estimate as required by the special CDGB- al CV grant; and LM a� WHEREAS, the County desires to continue with Phase II of the redevelopment of Rowell's Waterfront a� Park which includes expanded parking area, office/restroom building, multi-use path and event lawn. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows: 06 i 1) In accordance with Article III, Additional Services, Subsection 3.1, of the Contract Agreement, Consultant shall provide design and engineering services for Phase II of the park redevelopment. Scope of Work shall include the following tasks: �E Task 1: Geotechnical—Consultant shall provide geotechnical engineering services,which will include a subsurface soil exploration program for the proposed project. The proposed improvements will include a new restroom/office building,paved parking/drive areas, and L) extension of the existing multiuse path, which will include a low retaining wall/seawall. Stormwater runoff from the project will be directed to a new pond or an exfiltration system. E Neither structural loading information for the new building nor site grading plans are available. It is assumed that the new building will be a one-story structure with slab-on- grade concrete floors and concrete masonry exterior and interior walls. Wall loads are Page 1 of 9 Packet Pg. 1398 C.33.b assumed to be on the order of 1 to 3 kips per lineal foot(klf) and floor loads are assumed to no more than 150 pounds per square foot(psf). It is also assumed that up to 2 feet of fill would be needed to raise the building,parking, and multiuse path to final grade(s),and that the depth of the proposed stormwater pond will be less than 10 feet. The purposes of this geotechnical field exploration program are to obtain information about the general subsurface conditions at the project site, to evaluate those conditions with respect to the proposed construction, and to provide geotechnical engineering recommendations for site preparation, foundation support, pavement design, and ,0 stormwater design. Services shall be directed and supervised by a registered professional W engineer specializing in geotechnical engineering. A report that describes the subsurface conditions and presents our design recommendations will be submitted. Task 1.1: Field Exploration - The field exploration will consist of drilling E Standard Penetration Test (SPT) borings and auger borings. The proposed exploration quantities,types, and depths are presented in the following table. 0 Description Exploration Quantity and Proposed Depth Type (feet) Restroom/Office Building 1 SPT Boring 15 a� Parking/Driving Parking/Driving Areas 3 Auger Borings 5 Multi-Use Path and 1 Auger Boring 5 Retaining Wall 1 SPT Boring 15 Stormwater Pond 2 SPT Borings 20 U w X The Standard Penetration Test (SPT) with split-spoon soil sampling will be al conducted in general accordance with ASTM D1586. Sampling and testing (SPT M U) N-values) will be continuous in the upper ten feet, then at five-foot intervals thereafter. Representative soil samples obtained from the borings will be sealed in clean, airtight containers for transport to the office of the Consultant for further classification and examination. The depth to groundwater,if encountered,will be Wi measured in the boreholes during drilling. All drilling, testing, and sampling will W 2 be conducted in general accordance with applicable ASTM standards. i The SPT boreholes will be backfilled with cement grout upon completion. The auger boreholes will be backfilled with drill cuttings and native materials. Drill cuttings and excess drilling fluid will be spread on grassed areas near the boreholes, unless otherwise directed. Containerization of drill cuttings and fluid is not included in this proposal. 0 In addition to the soil borings, a cased-hole field hydraulic conductivity test will U be conducted near one of the borings drilled in the proposed stormwater pond area. a� The test conducted for the proposed exfiltration systems will be in general accordance with South Florida Water Management District(SFWMD)procedures for exfiltration system designs. Each test will be conducted as either a "falling- < head" test or as a"constant-head" test depending on the encountered conditions. Page 2 of 9 Packet Pg. 1399 C.33.b Test data will be evaluated and used to calculate the horizontal hydraulic conductivity at the depth interval at which the test was conducted. Task 1.2: Laboratory Testing—At the completion of field activities, all samples will be transported to the Consultant's laboratory where they will be classified visually by a geotechnical engineer in general accordance with the Unified Soil JA Classification System. If necessary, the engineer will select representative soil samples for laboratory testing to provide data for soil classification and for correlation to strength and compressibility parameters. The laboratory program ,0 may include tests for percent fines, organic content, and moisture content. All W laboratory testing will be conducted in general accordance with ASTM or other 06 widely accepted standards. Task 1.3: Engineering and Report Preparation Services—Upon completion of the field exploration,laboratory testing,and evaluation phases,a written report that describes the encountered subsurface conditions and summarizes our findings and design recommendations will be submitted. That report will include: o Summaries of the field and laboratory test procedures, and the results obtained. o Summaries of the site conditions and the encountered subsurface 0 conditions and groundwater levels. o A general evaluation of site and subsurface conditions with respect to the proposed construction. t3 o Recommendations for site earthwork preparation and general guidelines W X for foundation design and construction. The report will also discuss Wi potential construction problems that may be anticipated at the site, such as 0 difficult excavation, dewatering,undercutting, etc. o Recommendations for excavatability, suitability, and limitations of excavated materials for reuse as fill. o Recommendations for structural fill, compaction, and undercutting, as required. i o Recommendations for foundation design with an evaluation of viable 06 alternates. An economic comparison of alternatives is not included. i Consultant shall conduct analyses and provide an allowable soil bearing capacity and corresponding estimates of total and differential settlements. a Design recommendations for slab-on-grade. o Recommendations for pavement design for flexible and rigid pavements. o Recommendations for stormwater pond design. Task 2: Site Design and Engineering U Task 2.1: Project Management—The Consultant shall attend/participate in the following meetings during the design development and construction document phase: o One (1) kickoff meeting/conference call with the County and the design team to review the scope of services and design intent. Page 3 of 9 Packet Pg. 1400 C.33.b o Team Coordination Meetings. Up to six(6) 1-hour phone calls have been assumed for this task. These calls will be used for coordinating with the design team for the project. o Client Coordination Meetings.Up to four(4) 1-hour phone calls have been assumed for this task. These calls will be used for coordinating with the County for the project. JA 0 50% Construction Plan Page Turn and plan review. Upon submittal of a 50% plan set, the Consultant shall schedule a page turn review meeting with the County and the design team to review the plans and to receive ,0 comments and feedback. W 0 90% Construction Plan Page Turn and plan review. Upon submittal of a 90% plan set, the Consultant shall schedule a page turn review meeting with the County and the design team to review the plans and to receive comments and feedback. o Pre-Application meeting with the County. This is assumed to be an in- person meeting for 2 hours each for the Project Manager and Design 0 Engineer. o Consultant Project Manager shall attend up to two (2), 2-hour on-site meetings for permitting agency coordination: totaling 4 hours. Task 2.2: Civil Engineering - Design Development and Construction Documents—Based upon the County approved concept plan, the Consultant shall prepare Construction Documents for the civil/site improvements. Any County comments or value engineering (VE) /budget changes will be incorporated into W X the 50% Construction Document plan set. Any substantial changes to the design Wi or project scope after approval of the 50% Construction Document plan set will 0 constitute additional services. The following construction drawings are anticipated to be included: Cover Page, Civil General Notes and Abbreviations, Demolition U) and Erosion Control Plan and Details, Site and Location Plan and Details, Grading and Drainage Plans and Details, and Utility Plans and Details. 0 i The Consultant shall prepare the above-mentioned plans, as appropriate in accordance with the current issue of Monroe County Land Developments Regulations,FDEP Criteria and the Manual on Uniform Control Devices.Delivery of the construction documents will be provided in the design milestones listed a below: 0 50% Construction Documents (CD)Plans and Specifications. 0 90% Construction Documents (CD)Plans and Specifications. 0 100% Construction Documents (CD) / Bid & Permit Plans and Specifications. U The Consultant will create a drainage report to be used for permitting. This report will be part of the 100% Construction Documents (CD) / Bid & Permit Plans package. Page 4 of 9 Packet Pg. 1401 C.33.b A PDF copy of the plans will be sent to the County prior to each of the design milestones listed above and will be sent in accordance with the agreed upon project schedule as mentioned below in this proposal. Additionally, the Consultant will send AutoCAD 2021 files (or design team agreed upon version) to the other disciplines comprising the design team for coordination. CL The County will issue comments upon review of each design milestone submittal � listed above. The Consultant shall address all comments and incorporate design changes in the following design milestone submittal package. This IFB set of ,0 drawings shall be considered the final drawing set and last deliverable set of W 2 drawings during the design phase. 06 Task 2.3: Landscape Architecture - Design Development and Construction Documents — Upon approval of the Conceptual Site Design, Consultant will proceed into the Design Development and Construction Document phase of the project. County comments or VE /budget changes will be incorporated into the Construction Document plan set. o Based upon the approved Conceptual Site Design, Consultant will submit 50%, 90% and 100% construction documents addressing Project hardscape finishes, site furnishings and landscape as well as irrigation design. o The drawings will include material specifications, details and notes for hardscape, site furnishings and landscape. U o The landscape plan will include the location,size,and type of all landscape W materials to be used on site and the general location and type of all existing Wi vegetation to be preserved in the area of improvement. 0 o Based upon the County's review and approval of the landscape construction documents, the Consultant shall prepare irrigation plans for U) the proposed landscaping. o The irrigation plans will be consistent with the Code landscape 0 requirements. The irrigation plan for the site to show zone layout, valves, W� specifications, controller location details and sleeve locations. 06 o The Consultant shall submit the irrigation construction documents to thei County as a part of the final construction documents. o The Consultant shall attend one (1)meeting following each submittal with a the County to review the construction documents. Input received will be 0 reflected in the subsequent submittal. o The Consultant shall assist the County in developing an opinion of probable construction costs by addressing landscape, hardscape and irrigation related items. U 4i Task 2.4: Permitting/Agency Coordination—The Consultant shall prepare and submit permit application packages and submit appropriate construction drawings, U calculations and required supporting documentation for permitting approval to the following agencies: Page 5 of 9 Packet Pg. 1402 C.33.b o MONROE COUNTY: The Consultant shall prepare a Monroe County Site Development application package to be submitted to Monroe County for review and approval. The Consultant shall address all comments from the County's Engineering,Planning, Zoning, and Utility Departments. o FLORIDA KEYS AQUEDUCT AUTHORITY (FKAA): The Consultant shall prepare a FKAA application package to be submitted to FKAA for JA review and approval. The Consultant will address all comments from the Utility Department. o FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 (FDEP) 10-2: Based on the current concept plan, the proposed project W meets the criteria for the FDEP 10-2 self-certification program. The 06 Consultant shall prepare and submit the FDEP 10-2 form to FDEP. o FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) Water: Upon approval from FKAA, the Consultant shall prepare and submit the FDEP "Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWS's" application. o FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 (FDEP) Wastewater: Upon approval from FKAA, the Consultant shall prepare and submit the FDEP "Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System" application. o FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) Notice of Intent: Working with the project contractor, the Consultant shall prepare the required FDEP Notice of Intent for the contractor to submit. W X i Task 2.5: Bidding Assistance — Once Construction Documents have been 0 accepted by the County, the Consultant shall: o Respond to all applicable Pre-Bid Questions and Requests for Information (RFIs) from potential bidders during the bid solicitation process. o Assist as requested in evaluating the impact of proposed value 0 engineering, scope reductions, and substitution requests of the successful W� bidder. 06 06 o Attend one (1)virtual pre-bid meeting. o Assist in the evaluation of bids as needed. U) Task 2.6: Construction Administration — The Consultant shall perform the following services: o Attend virtual pre-construction meeting with the County. o Provide project representation by visiting the site periodically during construction to observe the progress and quality of the construction work U to determine if it is proceeding in general accordance with the contract documents. E E o Review and respond to normal and customary contractor requests for U information(BFI's). o Review shop drawing submittals supplied by the Contractor for conformance with the design concept of the project and information given Page 6 of 9 Packet Pg. 1403 C.33.b in the contract documents. All submittals shall be returned within five (5) business days after receipt from the County for review. o Bi-Weekly County/Consultant/Contractor calls. o Review/approve contractor pay apps. Task 2.7: Project Close-out Services — The Consultant shall perform the JA following services during the Project Closeout Phase of the project: o Complete a final construction observation visit to determine if the project has been completed in substantial accordance with the Contract ,0 Documents. Once the project has been completed in accordance with the W Contract Documents, the Consultant will prepare a Certification of 06 Substantial Completion for the Civil Work. o Review the Contractor provided as-built drawings for compliance with the permitted plans and conditions. o Prepare record drawings from as-built information provided by the Contractor's licensed surveyor concerning changes made during the construction process. These drawings will be submitted to the County and permitting agencies as part of the final certification packages to close out 0 construction permits. Final certification packages will be sent to Monroe County, FKAA, and FDEP. d Task 3 — Architectural, Structural and MEP Design and Engineering — Bender & Associates Architects will provide all architectural, structural, mechanical, electrical, and plumbing services required for the design of a second restroom building on the site, as well W X as site lighting for an event lawn located on the site. Bender& Associates Architects will Wi utilize HNGS Engineers for MEP services, and Keister Webb Structural Engineers for 0 structural design. Design team will work with MUSCO Lighting to lay out the lighting 0 plan and calculate the photometrics. HNGS will then provide electrical drawings showing power to all the light fixtures. Deliverables will include: o Schematic Design W ■ Coordination with the design team and County personnel to program and W� design the restrooms and event field 06 ■ Schematic Design Documents and code analysis reports 0 65% Construction Documents ■ Architectural construction documents ■ Specifications ■ Construction cost estimate ■ Project coordination 0 100% Construction Documents ■ Architectural construction documents U ■ Specifications ■ Construction cost estimate E E ■ Project coordination o Permitting o Bidding Phase ■ Pre-bid conference on site Page 7 of 9 Packet Pg. 1404 C.33.b ■ Addenda and responses to bidder questions ■ Bid review and recommendation o Construction Phase Services ■ Up to five (5) site visits ■ RFI's, submittal review,issue bulletins ■ Project closeout JA a� 2) Article VII, Subsection 7.3.1, of the Contract Agreement is hereby amended to provide that Reimbursable Expenses shall require written pre-approval by the County and expenses may ,0 include: w o Expenses of transportation and living expenses in connection with travel 06 authorized by the County. Travel expense reimbursements are subject to the limitations of Section 112.061, Florida Statutes. o Fees paid for securing approval of authorities having jurisdiction over the project. o Costs of reproducing maps or drawings or other materials used in performing the scope of services. 0 3) In accordance with Article VII, Subsection 7.1.1, of the Contract Agreement,the County shall pay the Consultant a not-to-exceed fee of Two Hundred Twelve Thousand Five-Hundred and 00/100 Dollars($212,500.00)paid monthly on apercent complete basis for each task,as described above in the Scope of Work, for the following tasks: a. Task 1: Geotechnical - $6,500.00 lump sum upon completion of testing, submission of written geotechnical report and approval by the Director of Pro]ect Management. U b. Task 2: Site Design and Engineering W X i. Task 2.1: Project Management- $7,600.00 lump sum paid on a percent complete of task and upon approval by the Director of Project Management. a ii. Task 2.2: Civil Engineering- $35,700.00 lump sum paid on a percent complete of task and upon approval by the Director of Project Management. in. Task 2.3: Landscape Architecture - $20,500.00 lump sum paid on a percent complete of task and upon approval by the Director of Project Management. 0 iv. Task 2.4: Permitting/Agency Coordination - $21,500.00 lump sum upon W� receipt/approval of permits and approval by the Director of Project Management. 06 v. Task 2.5: Bidding Assistance - $5,500.00 lump sum upon completion of bidding phase and approval by the Director of Project Management. vi. Task 2.6: Construction Administration - $26,500.00 lump sum paid on a percent a complete of task and upon approval by the Director of Project Management. 0 E vii. Task 2.7: Project Close-Out Services - $4,500.00 lump sum upon project completion and approval by the Director of Project Management. c. Task 3: Architectural, Structural and MEP Design and Engineering - $80,200.00 lump sum paid on a percent complete of task and upon approval by the Director of Project 0 Management. d. Reimbursable Expenses - $4,000.00 not-to-exceed dollar amount upon submission of backup documentation and approval by the Director of Project Management. Page 8 of 9 Packet Pg. 1405 C.33.b 4} In all other respects,the original ContractAgreement dated June 21,2017, t amended an June 7, 2018, e d on September 15,2021,and as third amendedon October 2 ,2021, remainsh CL 1i: F, each party causes this Fourth t to the Contract Agreement V its duly authorived representative on the day and year first Vaitten above. 0 0 III' w °gip06 l ,lr� `iLO Y "r�INt fit 'Madok,Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA A . As Deputy Clerk May i� r 0 H ..... APPROWED AS TV FORM E - — U x Wiftim I to Consultant: Inc. M a tl881 By, .a.j„ �Q....;- ..... . . y .., ..., Title: Prot Manager,Sr.Landscape Architect 0 re °;,� r Title � �....w..�v,... ... I 06 I E 0 U c� Page Packet Pg. 1406 C.33.b THIRD AMENDMENT TO THE CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR ROWELL'S WATERFRONT PARK This Third Amendment to the Agreement(hereinafter, "Amendment"),between Owner and Engineer for the Engineering Design and Permitting Services for Rowell's Waterfront Park, entered into between MONROE COUNTY ("County')and S&ME,Inc.("Consultant"),is made and entered into this 201 day 0 of October 2021,in order to amend the Contract Agreement as follows: 06 Witnessetb WHEREAS,on June 21,2017,the BOCC approved a Contract Agreement with the Consultant(rescinded and replaced from the BOCC action on May 17,2017)for the engineering design and permitting through construction administration for the development of Rowell's Waterfront Park;and WHEREAS, on June 7, 2018, a First Amendment to the Contract Agreement was entered into adding r. geotechnical field exploration to the Consultant's scope of services in order.to obtain information and recommendations for site preparation and foundation support for the proposed restroom building;and WHEREAS,on September 15, 2021, a Second Amendment to the Contract Agreement was entered into adding services to assist in the preparation and submission of a special grant called the Community Development Block Grant Coronavirus Relief(CDGB-CV);and U WHEREAS,the CDGB-CV grant requires a site layout and opinion of probable construction cost estimate X as part of the application process. al U) NOW,THEREFORE, in consideration of the mutual promises and covenants set forth below,the parties agree as follows: 1) In accordance with Article III,Additional Services, Subsection 3.1, of the Contract Agreement, W Consultant shall assist and provide County with the required documents as needed for the CDGB- CV grant application.Scope of Work shall include the following tasks: 06 • Preparation of a revised overall Phase II concept plan to incorporate all desired site features i and modifications to the original master plan as requested by the County.This plan will include the existing Phase I portion of the site that has been designed and is currently under U) construction. • Attendance at one(1)review meeting with the County to review the updated conceptual design. • Provide a rendered site plan based on the approved site layout for use by the County. c� • Preparation of an Opinion of Probable Construction Cost(OPC)based on the conceptual design for Phase II elements. Consultant will work with architecture, MEP and structural 0 subconsultants to develop an OPC that includes the proposed restroom building,and associated U site features. c� Page 1 of 2 Packet Pg. 1407 C.33.b 2) In accordance with Article VII,Subsection 7.1.1,ofthe Contract Agreement,the County shall pay the Consultant a not-to-exceed fee of Fourteen Thousand Five-Hundred and 00/100 Dollars ($14,500.00)paid monthly on a percent complete basis,as described above in the Scope of Work. 3) In all other respects,the original Contract dated June 21,2017,as first amended on June 7,2018, as second amended on September 15,2021,remains unchanged. 0 0 r ,C? �VI7TTESS WHEREOF, each party causes this Third Amendment to the Contract Agreement to be �exe ed duly authorized representative on the day and year fast written above. 06 SE E •if'rt ' t.i a3y4 4�s ` ttestsTevin Madok,Clerk BOARD OF COUNTY COMMISSIONERS OF MONRO FLO By:. By: As Deputy Clerk Mayor/Chairman Date: . momw OOUNIY AiTOl�NEY''S OFFICE E APPROVED AS TO FO M U TANT G �NTYA�TTORNEY W i GATE, I n-M-2n .i 9= U) Witness to Consultant: CONSULTANT: S&ME,Inc. By: By .' Title: 4slfir&41Sa '" � Title: Et`�►� �ca+,a �.a�:�= i .! CD 06 C-) (�"t C r- E Page 2 of 2 Packet Pg. 1408 SECOND AMENDMENT TO THE CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR.ROWELL'S WATERFRONT PARK This Second Amendment to the Agreement(hereinafter, "Amendment"),between Owner and Engineer for the Engineering Design and Permitting_ Services for Rowell's Waterfront Park, entered into between MONROE COUNTY("County")and S&ME,Inc..("Consultant"),is made and entered into this 15'h day of September 2021, 0 in order to amend the Contract Agreement as follows: 0 W Witnesseth 06 (n WHEREAS, on June 21, 2017,the BOCC approved a Contract Agreement with the Consultant(rescinded and replaced from the BOCC action on May 17,2017)for the engineering design and pertnitting through construction E administration for the development of Rowell's Waterfront Pork, and WHEREAS,on June 7,2018,a First Amendment to the Contract Agreement was entered into adding geotechnical. 0 field exploration to the Consultant's scope of services in order to obtain information and recommendations for site preparation and foundation support for the proposed restroom building;and E WHEREAS, a special grant called the CommunityDevelopment,BlQck Grant Coronavirus Relief(CDGB-CV) E has come available which will assist with the development of the park to handle future large-scale Vaccination and testing services and the County has submitted a preliminary application for the grant;and U WHEREAS,the full CDGP-CV application has become available and the County,desires to havelhe Consultant W X assist with the submission of the grant application. W U) NOW, THEREFORE, in consideration of the mutual promises, covenants set forth below, the parties agree as f6llows. 1) In accordance with Article III, Additional Services, Subsection 3.1, of'the Contract Agreement, 0 Consultant shall.coordinate and secure the services of a Subconsultant who specializes in grantapplication. W support services to assist the County with the grant submission.Scope of Work shall include the following 2 06 tasks: (n W a. Environmental Survey — S&ME will perform an Environmental Review of the, parcel in accordance with the Department of Housing and Urban Development's (HUD's) Office of U) Environment and Energy and the requirements listed within the Community Development Block Grant(CDBG)—COVID-19 application. The environmental review-is a process of reviewing a E project and its potential environmental impacts to determine whether it meets federal,state,and + local environmental standards. The environmental review process is required to ensure that the proposed project does not negatively impact the surrounding environment and that the property 0 site itself will not have an adverse environmental or health effect on end users. U As part of the process, S&ME will perform a field visit to observe and document current E environmental conditions of the property and the adjacent areas. S&ME will submit record requests to applicable agencies for input on the,histodcal conditions.S&ME will prepare a project description that notes the location specific information and geographic boundaries,as well as a Page I of 3 Packet Pg. 1409 C.33.b i i delineation of all activities included in the overall scope of the project. S&ME will-review and assess the impact codes for the different.Environmental Assessment Factors, such as Land Development,Socioeconomic;Community Facilities and Services,and Natural Features.S&ME will produce a deliverable summary report in digital format for distribution to the County and the grant writing team. A S&ME will coordinate with the grant writing team and Monroe County to address requirements with the CDBG application that is due on November 1,2021. 0 0 b. Public Notice and Meetings_Subconsultant shall supply a written public notice to be posted by 06 the County: The County will be responsible for holding two meetings about the CDBG-CV program,as outlined in the guidance documents.The first shall be a public meeting to discuss the mission of the program and to elicit feedback from the general public. The second shall be a meeting to review the proposed activities for the application. c. Application — County shall provide all necessary information to be incorporated into the application documents; Subconsultant will then format the information into the necessary narratives and forms for the submittal. Upon completion of the application, Subconsultant will submit it to the County for review and comment. Subconsultant will assist the County`in submitting the documents. If encountered, Subconsultant will provide the County feedback that could potentially improve odds of receiving grant funding: This feedback ranges from minor project modifications to.scheduling recommendations. d. Additional Services -After submittal, if the project is being considered for funding, additional W tasks may be required. Subconsultant may provide these services including,but not limited to: W i. Presentations 9= i ii. Additional cost estimating beyond preliminary numbers iii. Site visits iv. Meetings with the agency V.. Contract negotiation 0 vi. Scheduling discussions i Subconsultant may provide these services on an as-needed basis with pre-approval from County. 06 2) In accordance with Article VII, Subsection 7.1.1, of the Contract Agreement,the County shall pay the Consultant a not-to-exceed fee of Twenty-Three Thousand Six Hundred Fifty and _ 00/106 Dollars($23,650.00)paid on a percent complete basis for each task,as described above in the Scope of Work,for the following tasks: a. Environmental Review-$9,500.00 lump sum upon completion of the deliverable summary report and approval by the director of Project Management. U b. Public Notice,Meetings and Application-$5,750.00 lump sum upon completion and submission of grant application and approval by the director of Project Management. c� Page 2 of 3 Packet Pg. 1410 C.33.b c. Additional Tasks -.$8,400.00 not-to-exceed dollar amount based on hourly rate.of$15.0.00 with written pre-approval by Project Management for any additional tasks requested by the County on, an as-needed basis. 3) In all other respects, the original Contract dated June:21, 20.17; as amended on June 7;2018, remains unchanged. 0 a�f `IV WITNESS WHEREOF,each party causes this Second Amendment to the Contract Agreement to be executed. '—ib'yci'ts��duI a horized representative on the day and year first written above. 06 /y iS Madok,Clerk BOARD OF COUN NERS OF MO By: By: As Deputy Clerk Mayor/Chairman 0 MONROE COUNTY ATMNNEMOFFICE Date:. kf� APPROVED AS TO FORM �MU�NWM�OF114�r JDATt: 9-07 2021 c) Witness to Consultant: CONSULTANT: S&ME,Inc. X i -1 le: ' E&7 MA_IAC- eJz Title: C;; "�. � �n � Gr�r, i.ec n�e r v; 0 06 i - rw CIO r i. sr 110 'tea p-1 0 r U T1 y r C; E c� Page 3 of 3 Packet Pg. 1411 C.33.b FIRSTAMENDMENTT CONTRACT AGREEMENT FOR ENGINEERING ESIGN AND PERMITTING SERVICES FOR ROWELUS WATERFRONT PARK JA This First Amendment ("Amendment") made on the day of—,-2 " , 2018, 0 by and between Monroe County, a political subdivision of the State of Florida,whose address is 0 1100 Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as"COUNTY",through the Monroe County Board of County Commissioners ("BOCC"), 06 AND S E, Inc., a Foreign Profit Corporation of the State of North Carolina, whose address is 201 Spring Forest R ., Raleigh, North Carolina 27616, its successors and assigns, hereinafter 0 referred to as "CONSULTANT". E WITNESSETH: E WHEREAS, on June 21, 2017, the BOCC approved a Contract for Professional Services with the Consultant (rescinded and replaced from the B CC action on May 17, 2017) for the U engineering design and permitting of Rowell's Waterfront Park ("Original Agreement"),and X i WHEREAS, the County Administrator, pursuant to Monroe County Code Sec. 2-5 , may execute agreements on behalf of the BOCC in amounts less than 50,000.00; and WHEREAS, the County wishes to engage in a geotechnical field exploration program to 0 obtain information about the subsurface conditions on site and to evaluate those conditions to provide geotecnical engineering recommendations for site preparation and foundation 06 support;and i U) WHEREAS, geotechnical services are not part of the Consultant's scope of basic services and will be considered as additional services in accordance with Article III of the Contract E Agreement;and c� NOW THEREFORE, in consideration of the mutual promises, covenants, and agreements U stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Consultant agree as follows: c� 1. SCOPE OF SERVICES 1 Rowell's Waterfront Park Packet Pg. 1412 Consultant shall provide geotechnical engineering services, which will include a subsurface soil exploration program for the proposed restroom building to be built as JA part of the improvements. The purposes of this geotechnical field exploration program 6 are to obtain information about the general subsurface conditions at the project site, to 0 evaluate those conditions with respect to the proposed construction, and to provide 0 geotechnical engineering recommendations for site preparation and foundation W support. Consultant's services will be directed and supervised by a registered 06 (n professional engineer specializing in geotechnical engineering. Services will include: a) Field Exploration b) Laboratory Testing E c) Engineering and Report Preparation 0 2. COMPENSATION E County shall pay the consultant a lump sum fee of Three Thousand Five Hundred Dollars E and 00/100($3,500.0o) upon completion and acceptance of report. In the event that very weak soil is encountered at the proposed termination depth, as U W indicated by a penetration resistance value of less than 10 blows per foot, it will be X W necessary to extend the borehole until a competent layer is encountered. Consultant shall charge a rate of Twenty Dollars and 00/100 ($20.00) per lineal foot of SPT drilling (including grouting)for depths up to 50 feet for this service. County shall be informed if the above contingency items are required during the field exploration phase of the project along with the estimated fee increase. 0 W W 2 3. SCHEDULE 06 The field exploration will be initiated within one (1) week after receiving a formal V- U) 'a authorization to proceed. The field work should take one to two business days to complete (weather permitting). Laboratory testing will require an additional week. The report will be E available two (2) weeks after completion of laboratory testing. Preliminary verbal results can normally be provided during the laboratory testing program to expedite the design C process. 0 U 4. NONDISCRIMINATION E 2 Rowell's Waterfront Park Packet Pg. 1413 Paragraph 9.17, NONDISCRIMINATION, of the Original Agreement shall be revised as follows: 2 cu CL JA 9.17 NONDISCRIMINATION 0 CONTRACTOR and COUNTY agree that there will be no discrimination against any person, 0 and it is expressly understood that upon a determination by a court of competent W jurisdiction that discrimination has occurred, this Agreement automatically terminates 06 (n without any further action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not E limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education 0 Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as E amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The E Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PI._ 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The U W Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act X W of 1970 (PIL 91-616), as amended, relating to nondiscrimination on the basis of alcohol al abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss, 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans 0 with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, W relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, 06 Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) U) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. E 0 All other Contract Agreement requirements remain as written in the Agreement dated U June 21, 2017. E Rowell's Waterfront Park Packet Pg. 1414 C.33.b IN WITNESS WHEREOF, each part has caused this First Amendment to be executed by its duly authorized representative on the day and year first written above. JA Monro"YGAS Consultant: S E, Inc. o 0 r � BY: _ BY: W t a or 06 County Administrator Keith Oropeza Principal Landsape Architect Print Name 'Title Date: -- C j4Z 0 C 8 Date: 6/12/2018 0 E E MON OE COUNTY AT ORN ' OFFICE CVE TC FC U PATRICIA ,IS WTANT COt!' A N DATE; a U) 0 06 I U) E c5 0 U E c5 4 Rowell's Waterfront Park Packet Pg. 1415 C.33.b CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR ROWELL'S J WATERFRONT PARK 0 This Agreement ("Agreement") made and entered into this 17 ' day of May, 2017 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 4- Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), 06 AND S&ME, Inc., a Foreiqn Profit Corporation of the State of North Carolina, whose address is 321 Spring Forest Rd., Raleigh, North Carolina 27616 its successors and assigns, hereinafter referred to as "CONSULTANT", 0 WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for engineering design through Construction Administration Services including Enviormental Permitting E Services for the Rowell's Waterfront Park Project to develop the open parcel of land into a community park that connects the Overseas Heritage Trail and provides restroom facilities, parking, and picnic areas for the residents of Monroe County; and U WHEREAS, CONSULTANT has agreed to provide professional services which shall include X but not be limited to providing engineering design Including Enviormental Permitting Services, through Construction Administration services for the Rowell's Waterfront Park, which services shall g' collectively be referred to as the "Project"; and 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 0 acknowledged, COUNTY and CONSULTANT agree as follows: i FORM OF AGREEMENT06 ARTICLE 1 U) 1.1 REPRESENTATIONS AND WARRANTIES E By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 0 U 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. c� 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. Packet Pg. 1416 C.33.b Contract Agreement for Rowell's Waterfront Park 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this JA 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. 0 0 1.1.4 This Subsection Not Used. 06 1.1.6 The CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent E contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. U 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, X color, national origin, sex, age, or any other characteristic or aspect which is not job related, Wi in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the design and permitting scope of services no later than June 30, 2018. 0 ARTICLE II W1 06 SCOPE OF BASIC SERVICES U) 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. 0 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES AND CONFLICTS c) The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, E deficiencies, and conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT Packet Pg. 1417 C.33.b Contract Agreement for Rowell's Waterfront Park 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: Chris Rivera J Project Management Monroe County o 1100 Simonton Street, Room 2-216 Key West, Florida 33040 06 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: 0 Keith Oropeza 1615 Edgewater Drive, Suite 200 Orlando, Florida 32804 E E ARTICLE III U ADDITIONAL SERVICES X 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 a negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 0 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing W i 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 06 Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed i with the Additional Services. U) 3.3 Additional services shall be executed under the original scope of this Agreement unless such condition is expressly changed or revised by an amendment agreed upon by the COUNTY E and the CONSULTANT. c� ARTICLE IV U COUNTY'S RESPONSIBILITIES E 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, inspection reports and other documents. Packet Pg. 1418 C.33.b Contract Agreement for Rowell's Waterfront Park 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. JA 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 4.4 The COUNTY shall furnish the required information and services and shall render approvals 06 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, 0 fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V U INDEMNIFICATION AND HOLD HARMLESS W n 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 or intentionally wrongful conduct, of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The CONSULTANT agrees to hold the County harmless, and shall indemnify the County from all losses and expenses, in any claim asserted against the COUNTY that is based on deficient or ambiguous plans or specifications prepared by the CONSULTANT or its sub consultants. c� 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 t0 insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement, 5.5 This indemnification shall survive the expiration or early termination of the Agreement. Packet Pg. 1419 t C.33.b Contract Agreement for Rowell's Waterfront Park ARTICLE VI PERSONNEL 6.1 PERSONNEL JA The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named 3 individuals will perform those functions as indicated: 0 4- NAME FUNCTION06 Keith Oropeza Proiect Manager Travis Parker Estimator Jason Bullard Project Engineer Phil Frank Environmental Permitting Bruce Hall Landscape Architect 0 Bert Bender Architect E So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII U F COMPENSATION W 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT's performance of this Agreement the total not to exceed One Hundred Forty Six Thousand Nine Hundred Forty Four Dollars and 00/100 ($146,944.00) as follows: i • Task 1: Predesign Services $12,000.00 • Task 2: Schematic Design $10,800.00 06 • Task 3: Design Development $36,300.00 i • Task 4: Construction Documents $39,494.00 • Task 5: Permitting $18,000.00 • Task 6: Land Survey $0.00 • Task 7: Bidding and Negotiations $7,000.00 • Task 8: Post Design Services $23,350.00 Total $146.944.00 0 Commissioning Services will be treated as additional services, if required, at a not to U exceed lump sum provided by the CONSULTANT and accepted by the COUNTY. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly on a percentage complete basis for each Packet Pg. 1420 C.33.b Contract Agreement for Rowell's Waterfront Park task listed in paragraph 7.1.1. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT's duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward. JA (B) As a condition precedent for any payment due under this Agreement, the o 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 06 shall describe with reasonable particularity the service rendered. The _ CONSULTANT's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses: o a. Fees paid for securing approval of authorities having jurisdiction over the project. E b. There will be no other reimbursable expenses. E 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, W any fees or expenses in excess of the amount budgeted for this contract in each fiscal year X (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted Wi amount may only be modified by an affirmative act of the COUNTY's Board of County 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 0 Board members at the time of contract initiation and its duration. W i ARTICLE VIII 06 INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the E 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 U or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. ° 8.3 CONSULTANT shall obtain and maintain the following policies: Packet Pg. 1421 C.33.b Contract Agreement for Rowell's Waterfront Park A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of$1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. JA C. Comprehensive business automobile and vehicle liability insurance covering claims for 0 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 $1,000,000 per Occurrence, $1,000,000 combined single limit. 06 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 B Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit. 0 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. Professional liability insurance of $1,000,000 per claim and $2,000,000 annual U aggregate. If the policy is a"claims made"policy, CONSULTANT shall maintain coverage X or purchase a "tail" to cover claims made after completion of the project to cover the i statutory time limits in Chapter 95 of the Florida Statutes. Reference F.S. 337.106. F. COUNTY shall be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. 0 G. CONSULTANT shall require its subconsultants to be adequately insured at least to the i 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 06 insurance for subconsultants. i H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. E 1. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. 0 t3 ARTICLE IX MISCELLANEOUS E 9.1 SECTION HEADINGS Packet Pg. 1422 C.33.b Contract Agreement for Rowell's Waterfront Park 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 A The documents prepared by the CONSULTANT for this Project belong to and are owned by the COUNTY and may be reproduced and copied by the COUNTY without acknowledgement or permission of the CONSULTANT. L 4- 9.3 SUCCESSORS AND ASSIGNS 06 The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such E 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 0 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 E and legal representatives of such other party. E 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. c) X 9.5 TERMINATION 2 U) 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. 0 B. Either of the parties hereto may cancel this Agreement without cause by giving the other i party sixty (60) days written notice of its intention to do so. 06 9.6 CONTRACT DOCUMENTS U) This contract consists of the Request for Competitive Solicitations, any addenda, the Form E of Agreement, the CONSULTANT's response to the Request for Competitive Solicitation,the documents referred to in the Form of Agreement as a part of this Agreement, and attachments, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on 0 the CONSULTANT will control. L) 9.7 PUBLIC ENTITIES CRIMES c� 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 Packet Pg. 1423 C.33.b Contract Agreement for Rowell's Waterfront Park repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement o 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. 06 In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. o CONSULTANT will promptly notify the COUNTY if it or any subcontractor or charged with an act defined as a" E subconsultant is formally g public entity crime or has been placed on the convicted vendor list. E 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to U performance under this Agreement in accordance with generally accepted accounting X principles consistently applied. Records shall be retained for a period of five years from the Wi termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Wi 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. i 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 t0 appropriate administrative body. This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the E circuit court of Monroe County. 9.10 SEVERABILITY Packet Pg. 1424 C.33.b Contract Agreement for Rowell's Waterfront Park If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this � Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 06 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, as an award against the non-prevailing party, and shall include fees and costs, in appellate proceedings. 0 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY U X Each party represents and warrants to the other that the execution, delivery and performance �i 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 U) 0 CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, W i and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each 06 party prior to submission. i 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 provision does not negate or waive the provisions of paragraph 9.5 0 concerning termination or cancellation. U 9.16 COOPERATION In the event an administrative or legal proceeding 0 Y g p g is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all Packet Pg. 1425 C.33.b Contract Agreement for Rowell's Waterfront Park 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 A NON-DISCRIMINATION. The parties agree that there will be no discrimination against any o person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties 06 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 prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the Education Amendment of 1972, E as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of o 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 or alcoholism; 7)The Public Health E Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in U the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 W USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment Wi on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. i 9.18 COVENANT OF NO INTEREST 06 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 U) this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. E 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required 0 to comply with the standards of conduct for public officers and employees as delineated in U Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT Packet Pg. 1426 C.33.b Contract Agreement for Rowell's Waterfront Park The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for A it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the � CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 06 9.21 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 0 County and Consultant in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Consultant. Failure of the Consultant to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. U The Consultant is encouraged to consult with its advisors about Florida Public Records Law X in order to comply with this provision. i Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time i at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 06 (3) Ensure that public records that are exempt or confidential and exempt from public i records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the consultant does U) 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 t0 the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's E 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 Packet Pg. 1427 C.33.b Contract Agreement for Rowell's Waterfront Park shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Consultant does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, A notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Consultant.A Consultant who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any 06 public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 306-292-3470 BRADLEY-BRIAN(c MONROECOUNTY-FL GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040 0 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the E CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for U waiver. X i 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 i COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance 06 of such functions and duties of such officers, agents, volunteers, or employees outside the i territorial limits of the COUNTY. U) 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES E Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of o the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON-RELIANCE BY NON-PARTIES Packet Pg. 1428 C.33.b Contract Agreement for Rowell's Waterfront Park No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or U 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. o 0 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION 06 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 B of contracting. The original contract price and any additions thereto shall be adjusted to o' exclude any significant sums by which the agency determines the contract price was 0 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 E 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, L) and no member, officer, agent or employee of Monroe County shall be liable personally on X this Agreement or be subject to any personal liability or accountability by reason of the �i execution of this Agreement. o, 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be o regarded as an original, all of which taken together shall constitute one and the same i instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 06 9.29 Disadvantaged Business Enterprise (DBE) Policy - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, can have the opportunity to U 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 E laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT + agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and o regulations to ensure that the DBE's have the opportunity to compete for and perform L) contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and E performance of contracts, entered pursuant to this Agreement. 9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract: Packet Pg. 1429 C.33.b Contract Agreement for Rowell's Waterfront Park a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment B. b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color, JA national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. 06 c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification _ Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will 0 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 E apprenticeship. e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland W Security's E-verify System to verify the employment eligibility of all new employees hired by the X CONSULTANT or sub-consultants during the term of the contract. f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation Statement Form No. 275-030-11A to identify DBE participation as outlined in Paragraph 9.29, U Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for Professional Services. FDOT has a race neutral program with an 9.91% goal. i g). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency Program (LAP) Agreement between FDOT and Monroe County for this project. A copy of the06 Agreement is included as Attachment D. i h). The CONSULTANT agrees to execute the following forms: Certification of Disclosure of Lobbying Activities on Federal Aid Contracts, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts, Conflict of Interest Certification for E Consultant/Contractor and the Truth in Negotiation Certification and that are included in Attachment E. i). The County will perform a CONSULTANT evaluation in accordance with FDOT requirments U utilizing the appropriate FDOT form after final acceptance as part of the project closeout process. E c� Balance of page intentionally left blank. Signature page to follow. Packet Pg. 1430 C.33.b Contract Agreement for Rowell's Waterfront Park 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. . r q U) BOARD OF COUNTY COMMISSIONERS A Clk, Clerk OF MONROE COUNTY, FLORIDA 0 . O;k, 0 By. By:, Deputy Cleric Mayor/Chairmanin Date: 64 -Zr,' `I'7 Date o �� I CD (Seal) S&ME ici M Attes . I BY: By; Uoi>,l � C. A1OLn, c E r Title: fhW717 iM OVIS O— Title: T Signature: o r= c_ M Date: 4-ke/1o1'7 r- W I STATE OF FLORIDA COUNTY OF _ d„� Vic? mc I C7 � On this day of 20 before me,the undersigned notary public,personally appeared LjmoacaCD t\e lA-1'r known tome to be the person whose name is subscribed above or who produced D C 3 tm as identification, anu d a�cknowf6d-ged that he/she is the person who executed the above contract with Monroe unty for the development the R_qme#G-lV1-artmp Waterfront Park for the purposes therein contained. 06 I ' Notary Public MONROE COUNTY ATTORNEY U) PROVED Sr T FORM Print Name ,*%Sheds E.WaWs } NOTARY PUBLIC 04 STATE OF FLORIDA My commission expires: Comn*FF1T9 CHRISAMB OSIO ASSISTANT COUNTY ATTORNEY Expires 8/29VZ018 l-� e Date: E ` 7-c COUNTY ATTORwys OFFICE PP QvEl7 CJOJW07 PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: Packet Pg. 1431 C.33.b ATTACHMENT A Consultant Scope of Services Rowell's Waterfront Park - JA 1.1 SCOPE 0 1.1.1 Professional services shall include, but not be limited to: Holding and conducting informational hearings with the public and relevant agencies, holding monthly progress - meetings with the tenants and Monroe County Project Management/ Engineering staff. Hold bi- weekly phone conference progress meetings with Monroe County Project Management / 06 Engineering staff. Preparation and completion of the design Program (See 1.1.6-1.1.9) for conceptual site plan, parking, vehicular access, space requirements and relationships, schematic design, ADA compatible design for interiors and exteriors, design development, preparation of contract documents for bidding, scope of work, cost estimating during design and document preparation, administration of contract documents, consultation and onsite observations during construction, process shop drawings, recommend approval of contractor invoices, preparation of all construction documents required to submit for and secure all permits necessary to complete the, zoning applications, public presentations and presentations to the County Commission. E 1.1.2 The purpose of the CONSULTANT's professional observations shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such observations, the CONSULTANT shall protect the Owner from continuing deficient or defective work, from continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each-observation, the CONSULTANT shall L) submit a written report of such observation, together with any appropriate comments or X recommendations to the Owner. W1 1.1.3 The design shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary to bid the project. The design shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable � law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. 06 1.1.4 The design will provide site boundary selection and definition within the survey provided by Monroe County, FDOT Access, Parking, Landscape and Restrooms. 1.1.5 The building will meet or exceed Florida Green Building Coalition (FGBC)standards and meet requirements for minimum certification by the FGBC. 1.1.6 Beginning with the Pre-Design phase and continuing until the project as-built's are complete; the CONSULTANT with input from the Tenants and Monroe County Project Management shall develop and periodically update an Owner's Project Requirements (OPR) document and a Basis of Design (BOD) document. These two documents together shall L) constitute the Program and provide a complete description of the project's design intent. They may be submitted for Owner's review as two separate sections of one design intent document. c� Packet Pg. 1432 C.33.b The OPR is an inclusive, detailed description of Monroe County and its Tenants goals and requirements for the project, and Monroe County's expectations on how the project will be used and operated. JA The BOD is an inclusive, detailed description of the Design Team's concepts, assumptions, calculations, decisions, product selections and operating conditions to meet the Owner's project c requirements and to satisfy applicable codes, standards and guidelines. It shall be formatted to coordinate with and respond to the OPR. These two documents will be benchmarks by which the completeness, adequacy and acceptability of the project will be judged. They will be the standards by which the project will be commissioned. They will answer Owner questions after occupancy, and they will be the foundation for maintenance programs and future renovation projects. 1.1.7 The OPR shall include at least the following information: a. Summary description of the building (functions of building, high or low rise, use and 0 occupancy classifications, anticipated hours of operation, etc.). b. Project goals, assumptions, and known limitations. E c. Building and site accessibility, architectural, landscaping and aesthetics goals. d. Building and site flexibility and expandability requirements (spare capacities, hurricane survivability, reliability, redundancy, back-up power and utilities, etc.). e. Operational assumptions (maximum occupancy on a room-by-room and aggregate basis), occupancy schedules, special activities, building diversity, potential future uses, potential future renovations, etc.). U f. Building envelope performance criteria. W g. Environmental and sustainability goals. Wi h. Energy and water conservation goals. i. Indoor services and technology requirements. U, j. Space-by-space equipment heat/cool loads and utility needs (water, gases, power, data, grounding, security etc.). k. Anticipated types, classifications, and quantities of hazardous materials to be contained within the building. c I. Architectural, mechanical and electrical systems operation and maintenance i expectations. m. HVAC, lighting and audio/visual controls expectations. 06 n. Summary of sole-sourced systems and equipment. i o. Summary of Owner-furnished and Owner-installed equipment. p. Occupant and Maintenance training requirements. q. Project schedule. r. Project budget. Monroe County Project Manager will determine whether budget E information should be included in the OPR or provided separately. c� 1.1.8 The BOD shall include at least the following information: 0 U a. Project background required to understand the design, including goals, requirements and decisions which significantly affect the design. E b. Regulatory, site, schedule and budget limitations which affect the design. c. Codes, standards and guidelines applicable to the project. Packet Pg. 1433 C.33.b d. Code analysis describing code requirements specific to the project, e.g. security systems, ADA accessibility, special fire protection requirements, etc. e. Requirements of governing agencies(City, State, Monroe County, etc.). f. Climate, site, and utilities information. JA g. Architectural, mechanical and electrical systems descriptions. h. Outdoor summer and hurricane design conditions. � i. Design assumptions (occupancy schedules, temperature, humidity, air change rates, L-room pressurization, sound level limits, light levels, glare limits, vibration criteria, EMF shielding, heat loads, water, gases, power, data, grounding, hazardous materials being stored, etc. for spaces not indicated in the OPR. 06 j. Systems and equipment sequences of operation. k. Load calculations descriptions, including assumptions, software used, etc. I. Architectural, mechanical and electrical systems operation and maintenance requirements. E m. Appendices • Documentation of Energy and Water Conservation. • Energy Impact Statement. c • Soils and utility services reports. • Building load calculations. E • Systems and equipment sizing calculations. • Light level and watts/square foot calculations. • Effluent, dispersion, noise, vibration, and other studies. 1.1.9 Development and Updating U Develop the OPR and BOD by expanding the project's program and design concept report. X Update them as the project goals and requirements are defined and clarified. Submit them at Wi the end of the Schematic Design, Design Development and Construction Document phases along with the other Design Deliverables. Submit a final BOD after Project Award and after incorporation of the bid alternates. Each update shall incorporate new and revised project information including: • Progress in project design. 0 • Changes in project goals. • Changes in project scope. • Code interpretations. 06 • Input from Tenants, Construction Managers and Contractors. i • Input from Monroe County Facilities Maintenance, Department of Public Safety, FDOT, etc. U) • Architectural, mechanical and electrical design coordination meetings. • Value engineering sessions. E • Test reports on existing conditions. • Design calculations. • Equipment selections. • The final power system short circuit, protective device coordination and arc flash c hazard study including the electronic data file for long term updating by the U Owner. • Energy and water conservation calculations and modeling. E • Sound, effluent, dispersion, CFD, vibration, and other Acoustic studies. • Bid Alternates and Owner's Options. Packet Pg. 1434 C.33.b • A list of all design deviations from Monroe County Project Management Design requirements. • A list of all uncompleted Facility Assessment Report items (if any) within the project boundary. 2.1 DEFINITION OF BASIC SERVICES c 2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through 0 2.8, and other services identified as part of Basic Services, and include normal architectural, structural, mechanical, and electrical engineering services. 06 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. 2.1.3 The CONSULTANT will hold monthly Progress meetings in Key Largo for the duration of the contract, unless otherwise agreed to in writing by Monroe County Engineering, and take meeting notes. Copies of these notes will be provided to the County in a timely manner. E 2.1.4 If Construction costs exceed the CONSULTANT estimate by more than 10% the CONSULTANT will revise all drawing and specifications at no additional charge to the County. U X 2.2 SCHEMATIC DESIGN PHASE Wi 2.2.1 The CONSULTANT shall review the Program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and each of the tenants and shall arrive at a mutual understanding of such requirements with the Owner. U) 2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project c Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment, spaces, sustainable systems, and method of Project delivery. 2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget E requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 0 U 2.2.5 At levels of completion of 25%, 50% and 75% of the Schematic Design Phase, the CONSULTANT shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. c� Packet Pg. 1435 C.33.b 2.2.6 After completion of the 25% Schematic Design Phase the CONSULTANT will hold an informational meeting with the public explaining the conceptual site layout and design progress, answer questions and address concerns. JA 2.2.7 After completion of the 75% Schematic Design Phase the CONSULTANT will hold an informational meeting with the Tenants and Owner explaining the final conceptual site layout 0 and design progress, answer questions and address concerns. 0 2.2.8 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic06 designs, and other documents for the Owner's approval and the Monroe County Project Management Department's information. , 2.2.9 The Schematic Design must be approved in writing, b the Owner y prior to CONSULTANT continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS c 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service as billed as a reimbursable expense if that service is performed by additional consultants after the Owner's written approval. t c, The CONSULTANT shall perform the following design phase tasks: W i a. Structural Design/Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design/Documentation services during the Schematic Design Phase c consisting of consideration of alternate materials, systems and equipment, and i development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, 06 special mechanical systems, process systems, and general space requirements. c. Electrical Design/Documentation services during the Schematic Design Phase U' consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of E conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. 0 d. Technology Systems Design/Documentation services during the Schematic U Design Phase consisting of consideration of alternate systems, recommendations regarding basic IT materials, systems and equipment, E analyses. Packet Pg. 1436 C.33.b e. Civil Design/Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on-site utility systems, off-site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. J 0 f. The CONSULTANT will hold two informational meetings with the public explaining the conceptual site layout and design progress, answer questions and 0 address concerns. 06 2.4 DESIGN DEVELOPMENT/DOCUMENT PHASE v 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the CONSULTANT shall prepare E Design Development Documents for the Project Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural/engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and CONSULTANT, the CONSULTANT shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County Project Management Departments information. The CONSULTANT shall provide an estimate of t:. anticipated cost in accordance with the design development phase. U X 2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide Wi drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 Hold Public information hearing on final site and floor design development. 0 2.4.5 The Design Development Documents must be approved in writing, by the Owner prior to i CONSULTANT continuing to the Construction Documents Phase. 06 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS i To satisfactorily perform the design development phase requirement, the CONSULTANT must U' complete the tasks set forth in paragraphs 2.5.1 -2.5.13. E 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter(footprint) and exterior wall type, thickness and composition. 0 b. Structural grid or system. C. Major mechanical/electrical systems determined and their requirements reflected and indicated on plans. E d. Indicate buildings core -elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated. f. Floor, slab, and level elevations. Packet Pg. 1437 C.33.b g. Typical door types. h. Typical partition types. i. Built-in furniture items - special furniture and equipment (early clarification of what is "NIC and "by owner"). 2.5.2 General Elevations 0 0 4- a. Total full-height facades including roof structures. b. All fenestration. 06 C. Overall vertical building and floor heights. d. Indicate cross-reference points with sections. e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment. E g. System impact (precast concrete, stone, panel systems, metal/glass curtain wall, etc.) properly selected by adequate technical investigation. c' 0 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., %4"). Dominate full-height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment. b. Typical wall construction. U C. Back-up structure, abutting floor systems. W d. Window location and insulation methods. Wi e. Flashing, masonry coursings. f. Mechanical penetrations impact(furring, etc.). g. Parapet design. 2.5.4 Details - Large scale (1-1/2", 3")as required. Indicate key conditions. 0 a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, i jamb/head, plan section. b. Hollow metal (typical only; keyed to plans and schedules). 06 C. Frame types(typical only; for compatibility and profile). i d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing. U' f. Interior partition types(typical only; keyed to plans and schedules). g. Built-in furniture items, counters, cabinet types, etc. E 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross-referenced to, floor and reflected ceiling plans. Indicate: 0 U a. Breaks. b. Level changes. C. Pertinent vertical dimensions. E c� 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: Packet Pg. 1438 C.33.b a. Lighting layouts. b. Soffits, coves, furrings C. Skylight locations. JA d. Ceiling materials. e. Acoustic treatments. 0 f. Heating and ventilating register, diffuser locations. g. Sprinklers. c 4- h. Access panels. 06 2.5.7 Schedules - Schedules to be non-repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes. b. Doors and frames. C. Preliminary hardware. d. Windows/glazing. c e. Acoustic Elements. 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost-Adjustment of the preliminary estimate of U construction cost prepared at the end of schematic design. W 2.5.10 Structural Design Development Set i U) a. Floor plans at the same scale as the architectural/engineering drawings. b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions. C. Framing indication and governing sizing at: roof structures, penthouse, 0 bulkheads, other. i d. Non-typical framing scheme where required: lobby, floors at grade, and other. e. All column points established. 06 f. Final column schedule. i g. Preliminary details and sections to adequately indicate structural system. h. Preliminary details of major unique conditions that impact on scheme (as U' determined by the CONSULTANT). { i. Details indicating accommodation with mechanical/electrical at areas of major interface. j. Design development specifications. k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 0 U 2.5.11 Mechanical/Electrical Design Development Set a. Typical floor plans. Systems representation in diagrammatic (non-detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector/fan coil locations, etc. Packet Pg. 1439 C.33.b b. Required punctures: wall, slab, and beam. C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler/heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air-conditioning 0 and air-handling equipment, packaged units, etc. d. Locations of major roof-air handling equipment: cooling towers, exhaust fans, 4- etc. e. Preliminary details of major and unique conditions that impact on scheme (as 06 determined by the CONSULTANT) f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical E and electrical equipment for typical floor and special spaces. 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating/cooling units, and cabinets. 0 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set E a. Building location plan--building tied down dimensionally with pertinent E adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. U b. Main entry level datum elevation with key exterior grades at building perimeter. W C. Site development grading and landscaping plans. W1 d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical/electrical for utility entry points. e. Indicate areaways, vaults, access to sub-grade spaces. f. Preliminary site and exterior building lighting scheme with identification of fixture types. g. Parking area defined with preliminary plotting. 0 h. Indication of paths, stairs, ramps, berms, terraces, etc. i i. Location of secure staff parking. j. Location and pathways for prisoner loading and transfer. k. Plant materials(indication and preliminary schedule). i I. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others. U) M. Design development specifications. n. Any necessary adjustments to the preliminary estate of construction cost. E + c� 0 2.5.13 Limitations - The above list of drawings represents, in general, the requirements of the Project. E c� Packet Pg. 1440 C.33.b 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe County Project Management Department, Construction Documents consisting of Drawings and Specifications c setting forth in detail the requirements for the construction of the project. 0 4 2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and the Monroe County Project Management Department's review. 06 2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall provide Construction Documents for the Owner's and Monroe County Project Management Department's approval. Once approved the CONSULTANT shall provide the Owner with seven E (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format. Any and all files used to create the technical 0 specifications need to be submitted saved as an Adobe Acrobat file(.PDF)format, including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The CONSULTANT shall assist the Owner and Monroe County Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. U x 2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.)will conform to Wi all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the CONSULTANT will conform the construction documents in such manner to receive permits upon such plans. Work required from the CONSULTANT to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be c approved shall be completed at no charge or cost to the Owner. i 2.7 BIDDING OR NEGOTIATION PHASE i 2.7.1 The CONSULTANT shall assist the Monroe County Project Management Department in issuing bidding documents to bidders and conducting pre-bid conferences with prospective bidders. The CONSULTANT, with the assistance of the Monroe County Project Management E Department, shall respond to questions from bidders, and shall issue addenda. + c� 2.7.2 The CONSULTANT shall, on behalf of the Owner, provide all necessary documents required to secure all permits. Assistance with securing a development approval will be in the 0 form of providing schematic drawings. E c� Packet Pg. 1441 C.33.b 2.8 Commissioning CL JA 2.8.1 The objective of the Commissioning process is to provide documented confirmation that a project's mechanical, electrical, and plumbing (MEP), security and life safety systems when c constructed, realize planned performance benchmarks, address Florida Green Building Coalition and Florida Building Code requirements and that Monroe County Facilities Maintenance staff are reasonably prepared to operate and maintain its systems and equipment so as to continue to realize the anticipated performance. 06 2.8.2 The CONSULTANT shall assure the COUNTY through Equipment and Systems Commissioning that all equipment and systems performance achieves facility performance requirements as set out in the CONSULTANT's design. The Equipment and Systems Commissioning shall be accomplished through a process of verification and documentation, from the post-award design phase to Occupancy. 0 2.8.3 The CONSULTANT shall work with Monroe County Project Management during the pre- design phase to define the project performance expectations and document Project performance and Commissioning goals. E 2.8.4 The CONSULTANT shall develop Commissioning requirements suitable for use in the E Project Specifications. 2.8.6 The CONSULTANT shall submit with its final design documents, a severable Equipment U and Systems Commissioning Approach document that utilizes data and factors derived from the X design, needed to achieve facility performance requirements. Wi 2.8.7 The CONSULTANT shall provide a Commissioning Plan that finalizes the Commissioning Approach and addresses each Equipment and System installation with specific steps that will be taken during the commissioning process. 2.8.8 The CONSULTANT shall submit a Commissioning Report documenting the Equipment c and Systems affect upon facility performance requirements in accordance with the i Commissioning Plan. 06 U) E c� 0 c, E c� Packet Pg. 1442 ATTACHMENT B C.33.b LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT 04115 Page 1 of 3 TERMS FOR FEDERAL AID CONTRACTS(APPENDIX Il: CL The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: n 6 A. It is understood and agreed that all rights of the Local Agency relating to inspection, review,approval, patents,copyrights,and audit of the work,tracing,plans,specifications, maps, data,and cost records 0 relating to this Agreement shall also be reserved and held by authorized representatives of the United L States of America. 0 B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval 06 of the U.S. Department of Transportation,anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49,Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Consultant,with regard to the work performed during the contract,shall not discriminate on the basis of race, color, national origin,sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not C participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant,either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race,color,national origin,sex,age, disability, religion or family status. U F. Information and Reports: The Consultant will provide all information and reports required by the Regulations,or W directives issued pursuant thereto,and shall permit access to its books,records,accounts,other sources of �I information,and its facilities as may be determined by the Local Agency, Florida Department of Transportation, �y Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,and/or Federal ) Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to fumish this information,the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to 0 obtain the information. I G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract,the Local Agency shall impose such contract sanctions as it or the Florida Department 06 06 of Transportation, Federal Transit Administration, Federal Aviation Administration,and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, U) 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation,termination or suspension of the contract, in whole or in part. E H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,and/or the Federal Motor Carrier Safety Administration may U direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant ; becomes involved in,or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency,and, in addition,the Consultant may request the United States to enter into such litigation to protect the interests of the United States. I. Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin); and 49 CFR Part 21;The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment Packet Pg. 1443 C.33.b LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT 04/15 Page 2 of 3 of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex); Section 504 of CL the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended,(prohibits discrimination on the basis of disability); vy and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act 0 of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the 0 terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities,public and private06 transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ° ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). E J. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. K. Interest of Public Officials: No member,officer,or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest,direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States;and U public corporations, boards,and commissions established under the laws of any State. W L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following �l statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. U) The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race,color, national vy origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract,which may result in termination of this 0 contract or other such remedy as the recipient deems appropriate. M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United 06 States Code,Title 18,Section 1020, is hereby incorporated by reference and made a part of this Agreement. I N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local U) Agency in compliance with 49 CFR, Section 26.51,was erroneous when submitted or has become erroneous by reason of changed circumstances,the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction"as set forth in 49 CFR, Section 29.510,shall be included by the E Consultant in all lower tier covered transactions and in all aforementioned federal regulation. + c� O. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or 0 carrying out this contract,to U 1. employ or retain,or agree to employ or retain,any firm or person,or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds,and is subject to applicable State and Federal Laws, Packet Pg. 1444 C.33.b LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375-040-84 For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT 04/15 Page 3 of 3 both criminal and civil. P. The Consultant hereby certifies that it has not: CL eL 1. employed or retained for a commission,percentage, brokerage, contingent fee,or other consideration, any firm or person(other than a bona fide employee working solely for the above contractor)to solicit or secure 0 this contract; 0 2. agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this contract;or 06 3. paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for the above contractor)any fee contribution,donation,or consideration of any kind for,or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency,the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation �y of Federal-Aid funds,and is subject to applicable State and Federal Laws, both criminal and civil. E E U X I 0 06 I U E cs 0 U E c5 Packet Pg. 1445 C.33.b ATTACHME STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND EsrwurEs OGC—12114 Page 1 5. CL FPN:4366751 Fund: FLAIR Approp : Federal No: 51 -23z-P Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: 0 Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: 0 Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: 06 County No: ont-ve Contract No: 40677 Vendor No:VF596000749114 Data Universal Number System(DUNS)No: 80-939-7102 Local Agency DUNS No: 073876757 Catalog of Federal Domestic Assistance(CFDA): 20.205 Highway Planning and Construction E THIS AGREEMENT,made and entered into this Jq day of� r 2015 by and between the STATE cm OF FLORIDA DEPARTMENT OF TRANSPORTA ►ON, an agency of the State of Florida, hereinafter called the Department, and Monroe County BOCC hereinafter called the Agency. 0 W ITNESSETH: E WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, a and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including E the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes,to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: X 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Rowell's 9=I Marina Scenic Overlook and as further described in Exhibit"A"attached hereto and by this reference made a part hereof, gr hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms and U) conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 1.01 Attachments: Exhibit(s) 1.A and B are attached and made a part hereof. 0 2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable 06 laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. U) A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent E with the terms, conditions, and specifications of this Agreement shall be in charge of the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed(NTP)for the Project, the Agency shall be obligated to submit an invoice t0 or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly(or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP Projects. Packet Pg. 1446 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.0'-0-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS ANO ESTIMATES OGC—12/14 Page 2 CL Removal of All Funds ?� If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the 0 Agency, and the Project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before June 30, 2017. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled 06 06 completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered , termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice oy or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder or to observe, assume or carry out any of the provisions of the Agreement,the Agency 0 will initiate and consummate, as provided by law,all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including E federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. E 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal Highway Administration (FHWA)may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. U 3.00 Project Cost: X I 3.01 Total Cost: The total cost of the Project is $ 125,000.00. This amount is based upon the schedule of funding in LM Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. U) 3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in Exhibit"B." This amount includes federal-aid funds which are limited to the actual amount of federal-aid participation. 0 I 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: 06 a. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; b. Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; U) c. Approval of all plans, specifications,contracts or other obligating documents and all other terms of this Agreement; and E d. Department approval of the Project scope and budget at the time appropriation authority becomes available. 3.04 A o ppropriatlon of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. if the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See o U Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing,when funds are available. E 3.05 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: ° "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as Packet Pg. 1447 C.33.b . i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12M4 ^""^ Page 3CL „ available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a �- statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of 0 contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall 0 be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year." 06 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed (NTP)from the Department.The Agency agrees to advertise or put the Project out to bid thirty(30)days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in �s conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C,F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible,federal participation may be approved in the amount determined to be adequately supported and the Department E shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, U the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. W 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of aI funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease 0 shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the I Department's Comptroller. 5.00 Records: I 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project E records, together with supporting documents and records of the Agency and all subcontractors performing work on the + Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper c� audit of casts. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 0 U 5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except ; costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered E eligible costs. c� 5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. Packet Pg. 1448 i C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATION AND ESTIMATESATES OGC-12114 Page 4 5.04 Audit Reports: The administration of resources awarded through the Department to the Agency by this AgreementCL may be subject to audits and/or monitoring by the Department.The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. 0 a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site 06 visits by Department staff and/or other procedures including, reviewing any required performance and financial reports,following up, ensuring corrective action, and issuing management decisions on weaknesses found through , audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of �y Florida Chief Financial Officer(CFO)or State of Florida Auditor General. 0 b. The Agency, a non-Federal entity as defined by OMB Circular A-133,for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: 1. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F-Audit Requirements,for fiscal years beginning on or after December 26, 2014, the Agency must have a Federal single or program-specific audit for such U fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years W beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit 1 a i to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by 0 this Agreement. The determination of amounts of Federal awards expended should be in accordance W i with the guidelines established by OMB Circular A-133,for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning 06 on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in In accordance with the provisions of OMB Circular A-133,for fiscal years beginning before December 26, 1i 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. U) 2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the E auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years U beginning on or after December 26,2014. 3. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal o years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit U Requirements,for fiscal years beginning on or after December 26,2014, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a E single audit exemption statement to the Department at FDOTSinaleAuditgbdot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning ° before December 26, 2014, and established by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years Packet Pg. 1449 C.33.b STATE OF FLOROA DEPARTMENT OF TRANSPORTATION 525-01040 - LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS ANU ESTIMATES OGC-12/14 - Page 5 CL beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). 0 4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at httos://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F- Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 3006 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years , beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements,for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAuditCa-)dot.state.fi.us within the earlier of 30 calendar days after receipt of the auditor's �y report(s)or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit 0 Requirements, for fiscal years beginning on or after December 26,2014. 5. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014,the Department may impose additional conditions to remedy noncompliance. If the U Department determines that noncompliance cannot be remedied by imposing additional conditions, the W Department may take appropriate actions to enforce compliance. I 6. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings,appeals or litigation shall be retained until the action is complete or the dispute is resolved. 0 7. The Department's contact information for requirements under this part is as follows: WI Office of Comptroller, MS 24 06 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAuditAdot.state.fl.us 1) c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request.The Agency shall ensure that the + audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 0 L) 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records,and accounts pertaining to the financing and development of the Project. c� The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement(Section 287.058(1) (c), Florida Statutes)unless the records are exempt. Packet Pg. 1450 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12114 Page 6 y CL U) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- �- of-way, the Agency must submit to the Department an annual report of its real p property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through 0 September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 0 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof(Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and E Chapter V'Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). oy If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed o pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of E contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: U X 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; U) 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; �- 7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this o Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations I without having been advised by the Department that same are approved; 06 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph i 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the a Agreement. E 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the FHWA,or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the U expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit W for ; the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other E arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. Packet Pg. 1451 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION `_25-0+0-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICAT'ONS AND ESTIMATES OGC—12/14 Page 7 CL 8.00 Termination or Suspension of Project: JA 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased 0 or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. 0 (a) If the Department determines that the performance of the Agency is not satisfactory,the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty(30)days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period,the Department may either(1)immediately terminate the Agreement , as set forth in paragraph 8.(b)below,or(2)take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement,the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. �y (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. E (c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension L3 notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may W include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plani, and estimate within a reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. o I 9.00 Contracts of Agency: 06 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. E 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto c� that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants'Competitive Negotiation Act. At the discretion of the Department, the Agency will U involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the ; Department that selection has been accomplished in compliance with the Consultants'Competitive Negotiation Act. E 10.00 Disadvantaged Business Enterprise(DBE)Policy and Obligation: It is the policy of the Department that DBEs, c� 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 Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. Packet Pg. 1452 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATONS AND ESTIMATES OGC-12114 Page 8 CL The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, o national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: � (a)Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient)must include the following assurance: 06 "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in 0 this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be o treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil E Remedies Act of 1986(31 U.S.C. 3801 et seq.)." c (b) Each contract signed with a contractor(and each subcontract the prime contractor signs with a subcontractor)must E include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. U Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these X requirements is a material breach of this contract, which may result in the termination of this contract or such Wi other remedy as the recipient deems appropriate." c 2 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable vy to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion o —Lower Tier Covered Transactions,"in 49 C.F.R. Part 29,when applicable. i 11.01 Performance Evaluation: Agencies are evaluated on a project-by-project basis. The evaluations provide 06 information about oversight needs and provide input for the recertification process_ Evaluations are submitted to the i Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. U) 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, E standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvementioversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures,without District involvement/oversight. o U 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. E 12.00 Restrictions, Prohibitions,Controls,and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that Packet Pg. 1453 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT sPECIFICArIESTTIIMMATESATES OGC-12116 Page 9 CL employees are treated during employment without regard to their race, age, religion, color, gender, national origin, U) 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. The Agency shall insert the foregoing provision modified only to show the o particular contractual relationship in all its contracts in connection with the development of operation of the Project,except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar 0 provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI—Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance E by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil o Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. c 12.03 Americans with Disabilities Act of 1990(ADA): The Agency will comply with all the requirements as imposed by E the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. c 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction E for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity in U excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 X months from the date of being placed on the convicted vendor list. c 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the U) construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. o I 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined 06 by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any a contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter E has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had + acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency,the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such c 0 contract, subcontract or arrangement. U The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: E c� "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. Packet Pg. 1454 i STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 - LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC— D14 Page 10 CL 881 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United z States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 0 13.00 Miscellaneous Provisions: 4- 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the 06 Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. E 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the �s Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform E to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing U hereunder. W 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision ai or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 13.07 Plans and Specifications: in the event that this Agreement involves constructing and equipping of facilities, the 0 Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The i Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. 06 After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to i the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. U 13.08 Right-of-Way Certification: Upon comRletion of right-of-way activities on the Project, the Agency must certify E compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's L) name, and the Project is accepted by the Agency as suitable for the intended purpose. ; 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words E used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. Packet Pg. 1455 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGG-12114 Page 1 t CL 881 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the 0 Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the 0 awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 06 If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete E and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all o subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a E state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ❑ will ❑ will not maintain the improvements made for their useful life. U 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the W Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The �I Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. U) If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and 0 payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is 06 provided to the Department. I A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the Department. The Vendor Ombudsman may be contacted at 850-413-5516. E 13.15 Reimbursement of Federal Funds: c� The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment U to the Department of all funds awarded under the terms of this Agreement. ; E c� Packet Pg. 1456 i C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGG-12114 Page 12 13.16 E•VERIFY L The Agency: 0 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract;and 4- 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of 06 all new employees hired by the subcontractor during the contract term. - 0 E E L) X U) 0 06 cs 0 U E cs Packet Pg. 1457 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTMATE3 OGC-12h 4 Page 13 CL 881 IN WITNESS WHEREOF,the parties have caused these presents to be exe ted the day and year first above written. AGE Monroe Count CC STATE OF F I A D ENT OF TRANSPORTATION 0 By: 4- ofhage Nam Tit! 06 tt Attest: t tt` Title: E E Leg MONROE COUNTY ATTORNEY = �y a pP OVED AS TO F M I min! E See — cheof funding approval by Comptroller.5 Oate: U x CAI 0 I I CAI E c' 0 U E c' Packet Pg. 1458 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01.0-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES ,r,s CL EXHIBIT 1 FEDERAL FINANCIAL ASSISTANCE(SINGLE AUDIT ACT) 0 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 0 4 CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal-Aid Highway Program, Federal Lands Highway Program CFDA Program Site: htttos://www.efda.aov/ Award Amount: $125000.00 Awarding Agency: Florida Department of Transportation E Award is for R&D. No Indirect Cost Rate: N/A oy FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE o FOLLOWING: 2 CFR Part 200—Uniform Administrative Requirements, Cost Principles&Audit Requirements for Federal Awards E htto://www.ecfr.gov E OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations htto://www.whitehouse.aov/sites/default/files/omb/assets/al33/al33 revised 2007.�df OMB Circular A-133 Compliance Supplement 2014 U http://www.whitehouse.gov/omb/circulars/al33 compliance supplement 2014 W FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: U) OMB Circular A-87(Revised), Cost Principles for State, Local and Indian Tribal Governments ham://www.whitehouse.clov/omb/circulars a087 2004/ OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments 0 htti)://www.whitehouse.gov/omb/circulars a102/ i Title 23—Highways, United States Code http://uscode.house.gov/brQwsetorelim(cDtitle23&edition=prelim i Title 49—Transportation, United States Code http://uscode.house.gov/browseiorelim(cbtitle4g&edition=prelim U) Map-21 —Moving Ahead for Progress in the 215t Century, Public Law 112-141 htto://www.cipo.ciovtfdsys/pkq/PLAW-112Publ1411ydf/PLAW-112Dub1141.pdf c� Federal Highway Administration—Florida Division http://www.fhwa.dot.gov/fldiv/ 0 U Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System(FSRS) ; httos://www.fsrs.Q ov/ E c� Packet Pg. 1459 C.33.b STATE OF FLORIDA OEPARTRIENT OF TRANSPORTATION 52"1040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT a8ros Page EXHIBIT"A" CL v, PROJECT DESCRIPTION AND RESPONSIBILITIES 0 FPN:4366751 0 4- This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and 06 Monroe County Board of County Commissioners Dated E PROJECT LOCATION: 0 The project_is x is not on the National Highway System. E The project_is x is not on the State Highway System. E PROJECT DESCRIPTION: Design a scenic overlook including parking, landscaping, a boardwalk/seawall, restroom, and other overlook amenities adjacent to US 1 and the Florida Keys Overseas Heritage Trail near MM 104.5, Bayside. Rowell's Marina Scenic U Overlook. X I SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the vy Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action(receipt and disbursement of funds), any federal or local funding action,and � the funding action from any other source with respect to the project. I The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. 06 I The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design to be completed by June 30, 2017. b) Right-of-Way requirements identified and provided to the Department by June 30,2017. E c) Right-of-Way to be certified by June 30, 2017. c� If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. 0 U SPECIAL CONSIDERATIONS BY DEPARTMENT: n/a E c� Packet Pg. 1460 C.33.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.01a40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT os�1l Page EXHIBIT"B" A SCHEDULE OF FUNDING O O AGENCY NAME&BILLING ADDRESS FPN: "- Monroe County BOCC 4366751 06 PROJECT DESCRIPTION Name: Rowell's Scenic Overlook Length: Termini: near MM 104.5 on the north side of US 1 toff system) 09 O FUNDING TOTAL AGENCY STATE R TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: f) Total Planning Cost W Project Development 6 Environment(PD&E) FY: FY: FY: U) Total PDBE Cost Design FY: 15/16 125.000 125,000 FY: FY: � Total Design Cost Right-of-Way FY: I FY: FY: 06 Total Right-of-Way Cost Construction FY: 17/18 FY: FY: U) FY: Total Construction Cost E Construction Engineering and Inspection(CEI) FY: 17118 FY: FY: Total CEI Cost O L) Total Construction and CEI Costs TOTAL COST OF THE PROJECT 125.000 U The Department's fiscal year begins on July 1. For this project,funds are not projected to be available until after the 1st of July of each fiscal year.The Department will notify the Agency,in writing,when funds are available. Packet Pg. 1461 ATTACHMEN C.33.b f RFQ for Engineering Design and Permitting Services for the Rowell's Waterfront Park CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49 CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge 0 and belief: 0 (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a 06 Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection o with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional E Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction E was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for U each such failure. X The prospective participant also agrees by submitting his or her proposal that he or she shall require that a the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: Littlejohn Engineering Associates, Inc. 0 By: Leonard E. Arnold Jr. A Date: September 1, 2016 i Authorized Signature: _,YL 2 Title: Vice President U) E c� 0 U E c� 49 Packet Pg. 1462 C.33.b RFQ for Engineering Design and Permitting Services for the Rowell's Waterfront Park CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS 0 0 4- 0 u x i Lm U) U) I 0 i I 06 i cs 0 u E c� 50 Packet Pg. 1463 C.33.b RFQ for Engineering Design and Permitting Services for the Rowell's Waterfront Park (Compliance with 2CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any federal department or agency. CL Name of Consultant/Contractor: Little o n ngirleerifig Associates, Inc. By. Leonard E. Arnold Jr. Date: September 1, 2016 0 Title: Vice President o 4- Instructions for Certification 06 Instructions for Certification-Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated t, cost$25,000 or more-2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in 0 addition to other remedies available to the Federal Government,the department, or agency with which this transaction originat may pursue available remedies, including suspension and/or debarment. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submittec at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstance: d.The terms"covered transaction,""debarred,""suspended,""ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this propose is submitted for assistance in obtaining a copy of those regulations."First Tier Covered Transactions"refers to any covered U transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lowe Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts). X "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of I Federal funds(such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). e.The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be U) 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 c o agency with which this transaction originated. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"withoi 06 modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the I $25,000 threshold. U) g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows th; the certification is erroneous.A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals, as well as the eligibility of any + lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.govr7,which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in U good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that , which is normally possessed by a prudent person in the ordinary course of business dealings. E i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly U enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 51 Packet Pg. 1464 i C.33.b RFQ for Engineering Design and Permitting Services for the Rowell's Waterfront Park CL SIA11-01 1`10RIDADFPARIWNI OFrRANSPMrAMN CONFLICT OF INTEREST CERTIFICATION 1'1"'.11kI MIN' 0 010-' FOR CONSULTANT/CONTRACTOR 0 4- I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that I will recuse myself from any capacity of decision making.approval,disapproval,or recommendation on 06 any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective,fair,and impartial decisions when performing work for the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of E theirs,or to reward a past decision. Consultants performing work for the Department should avoid any conduct(whether in the context of business,financial,or social relationships)which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety 0 1 realize that violation of the above mentioned standards could result in the termination of my work for the Department. Contract No./Project Description(s) Engineering Design and Permitting Services for the Rowell's Waterfront Park E Financial Project Number(s) 4366751 L) Each undersigned individual hereby attests that he/she has no conflicts of interest related to the contract(s)identified X above. a Printed Names Signatur Date 29 U) Leonard E. Arnold Jr. 9/1/16 _ U) 0 06 I U) E c' 0 U E ca 52 Packet Pg. 1465 C.33.b RFQ for Engineering Design and Permitting Services for the Rowell's Waterfront Park STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRUTH IN NEGOTIATION CERTIFICATION Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department)requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be �y adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such O agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. Littlejohn Engineering Associates, Inc. N e of Cons 1 an t3 By:— 9/1/16 X Date a U) O 06 I E cs O t3 E c5 53 Packet Pg. 1466